Ripley directory, 1902

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Oscoon, "Inprana.

This comrilation is intended for the use of these who desire ta have at hand some convenient means of reference to the general laws of Indiana, without being compelled to resort to the bulky volumes o£ our revised statutes, or to the numerous acts of the general assembly- The work is not an abridgement of all the laws of the state, but aw compilation of those provisions that are believed to be of most con - cern to the people in general. The statutes'on such subjects as Ad- ministration os Estates, Descent, Wilis, Guardianship, Civil ond Criminal Court Proceedings, Marriage and Divorce, Justice of the - Peace, Conveyance of Land, Common Schools, Frauds and Perjuries,. Highways, Husband and Wife, Liens, and o:hers of like appleation,, are set out with comrarative fullness, while those of less general im terest or whose provisions are detailed and complicated, are treated more briefly. The book may not enable everyone, or, indeed, any one, to dispense with the services of a lawyer; but it is believed that it will serve the purpose of giving to the people a fair knowledge of: the laws of our commonwealth.

Soutu Benp, Inp.; March Ist, 1£02.

> ap oe ee B= Se

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JURISDICTION. - The circuit court in each county has ex¢ha- give original jurisdiction of all matters relating to the settlerment

CLERK. - During vacation of court, the clerk is anthorized to ~ appoint administrators and attend to other probate business, =. ject to the approval! of the court at the next.term.

PROBATE COMMISSIONER. - In all counties containizg a voting population of over 30,000, the judge of the circuit eourt is authorized to appoint a probate commissicner and to define the duties of such commissioner in relation to estates, guardian- ships, and other trust estates.

EXECUTOR OF WILL. - Whenever any will shail have been admitted to probate, the clerk will issue letters testamentary to the executor or executors named in such will, provided such per- son or persons are competent to serve as such executors.

RIGHTS BEFORE APPOINTMENT. - No executor named im a will shall interfere with the estate until after his appointment by the court, except only to preserve the estate frcm waste or

ADMINISTRATOR WITH WILL ANNEXED. - If there be mo one named in the will as executcr, or if the executor named fail to qualify and give bond within twenty days from the probate of the will, the clerk shall appoint an administrator with the will

ADMINISTRATOR. - If there be no will the clerk will apporat a competent person as administrator of the estate. The widow or widower has the first right to administer on the estate, and after.them the next of kin to the decedent, and then the largest creditor in the state. If no person-thus-entitled apply within twenty days after the death of the intestate, the clerk may appoint as administrator any competent inhabitant of the county. WHERE GRANTED. - Administration will be granted in the county where the intestate was an inhabitant or where he leff assets. In case letters should be issued in different counties, ther

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iF es ed COMM fart OW BOG Cited fe «ae "tf

ge Administration first lawfully granted will extend to all the estate, wherever found. ; ;

MARRIED WOMEN. - No letters will be issued to a married woman uniess her husband file his consent in writing with the clerk, in which case he shail be jointly liable with his wife.

FOREIGN APPOINTEE. - An executor or administrator ap- pointed in another state, on producing a copy of his letters, will be entitled to administer on assets of the intestate in this state, except as to creditors, heirs, or legatees of the deceased, who are inhabitants of this state.

ABSENTEE. - The statute provides that in case one is absent and gone to parts unknown, and is not heard of for the space of five years, an administrator may be appointed for his estat as if he were dead.

SPECIAL ADMINISTRATOR. - If from any cause there is delay in the granting of letters, a special administrator may be appointed to care for and preserve the property of the decedent.

ADMINISTRATOR DE BONIS NON. - In case of the death or removal of an executor or administrator, an administrator de bonis non will be appointed to complete the administration of the estate.

BOND AND OATH. - Every executor or administrator shall give bond for the faithful performance cf hig trust, in double the value of the estate to be administered.

REMOVAL - Any executor cr administrator may be removed on a shewing of incompetency or failure to do his duty; or if he has become or is likely to become insolvent; or, in case of a mar- fied woman, if her husband fail to file his consent that she con- tinue to administer on the estate.

RELEASE OF SURETY. - A surety on the bond of an execu- tor or administrator may, on application to the court, be released from his bond; and if the executor or administrator do not file a new bond he will be removed, and a new administrator appointed in his place. ;

INTERMEDDLING. - Whoever unlawfully intermeddies with any of the property of a decedent, shall be liable in an action therefor in any court of competent jurisdiction.

INVENTORY BEvery executor or administrator, within sixty days after his appointment, spall make out a true and complete inventory of the personal estate of the decedent, and cznse the same to be appraised by two reputable and disinterested house- hoiders of the neighborhood, and then return the inventory to. the clerk of the circuit court.

SALE. - Immetiately after the return "of the inventory, the executor or administrator will proceed to make sale of the per- sonal property, first giving three weeks' notice of the time and place of such sale. A credit of not less than three nor more than twelve months shall be given in all such sales, where the amount purchased exceeds in value five dollars. The sale notes shall bear six per cent interest after maturity, with sufficient sureties.

PRIVATE SALE. - Wheu the circuit court shall be satisfied that it would be for the advantage of the estate to sell any part of the personal property at private sale, the executor or admin- istrator may be authorized so to do. The sale shall in no case be for less than the appraised value. The executor or administrator shall in no case become a purchaser of any such property.

WIDOW. - The widow is entitled to $500 out of her husband's estate; and she may take persoual property to this amount at its appraised valuation on the inventory. The property so takem by her shall not be sold by the executor or administrator.

SUITS. - The executor or administrator has power to main- tain an action in court for any demand due the decedent; and in case the executor or administrator shall die before the deter- mination of the action his successor shall continue the prosecu- tion of the suit.

executor or administrator appointed in another state or county files a duly authenticated copy of his letters in a court of this state, he may proceed to act as if he were originally appointed

CLAIMS. - No action shall be brought by complaint and sum- mons against any executor or administrator for the recovery of any claim against the decedent; but such claim, whether due or not, shall be filed in the office of the clerk of the court. But if

-such claim is filed after the expiration of one year from the giv-

ing of notice by the executor or administrator of his appoint- ment, it shall be prosecuted at the cost of the claimant. The claim must be filed at least thirty days before the final settlement of the estate. The filing of the claim, and entry thereof by the clerk on the claim-docket, shall be the commencement of an action upon the claim, and no notice need be given the executor or administrator.

ALLOWANCE OF CLAIM. - If the executor or administrator is satisfied that the claim is just he may allow it on the docket; if not, the claim will be transferred to the court-docket for trial.

In case the claim is in. favor of the executor or administrator

AO ns en te nag

-_t ean be allowed only by the court. The claim when allowed ts 'payable, pro rata, out of assets in the hands of the executor or administrator. Any person interested in an estate, whether creditor, heir, or devisee, may resist the allowance of a claim.

_ SALE OF REAL ESTATE TO PAY DEBTS. - In case the per- sonal property is insufficient to pay all the debts against an estate, the executor or administrator may file in the court a peti- ticn to sell the real estate of the decedent, or so much thereof as may be necessary. All the heirs or devisees, and all per- sons having mortgages or other liens on such real estate, must be made parties to such petition to sell. The sale, unless other- wise provided for in the order of court, shall be at public auc- tion, and for not less than two-thirds of the appraised value; if at private sale, not less than the appraised value, less the liens, if any. The widow's interest in land shall not be sold to pay dents, except when she is herself liable on a mortgage or other

ORDER OF PAYING DEBTS. - In general the liabilities of an estate will be paid out of assets in the hands of the executor or 2dministratur, in the following order: (1) Expenses of ad- ministration; (2) Funeral expenses; (3) Expenses of last sick- mess; (4) Taxes accrued at the death of the decedent and also taxes since assessed on personal property; (5) Debts secured by liens on personal or real estate except in case where real estate shall have been sold subject to such lien; (6) A sum, not exceeding fifty dollars, for wages due for work and labor per- formed within two months of decedent's death; (7) General

PAYMENT TO GUARDIAN. - In case any legatee be a minor, his legacy, if so directed by» the court, and no other provision is mae in the will, may be paid to the guardian of such minor: Provided, The guardian may be required to furnish additional bond in case such legacy were not taken into 'consideration in giving the guardian's original bond.

ACCOUNTING. - At the end of one year from the issuing of fetters and notice thereof, or as soon thereafter as the sale notes for personal property shall mature, the executor or adminis- trator shall file a true and complete account of the assets of the estate and of disbursements made by him. If the account is for. final settlement, notice shall be given to all persons interested to appear in court on the day fixed for hearing. The notice is by publication in a weekly newspaper of general circulation in the county aad by posting at the court house door for two successive

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weeks. If the account is approved and all assets collected and claims paid, the estate may be declared finally settled and the executor or administrator discharged. Otherwise, the estate may be continued for further. action.

CITATION. - Should the executor or administrator fail in any duty required of him by:law he may be cited before the court, and on failure to comply with the order of the court he may be proceeded against as for a contempt and be liable to re- moval from his trust. :

sets of the estate the court will make such reasonable allowances to the executor or administrator as may be just, including at- torney's fees. But no executor or administrator will be allowed attorney's fees for his own personal services as attorney.

DISTRIBUTION; ADVANCEMENTS. - On the final settlement of an estate the property remaining shall, in case of will, be dis- tributed as therein provided, and, in case of intestacy, according to the laws of descent and heirship. Any advancement made to a child or other heir during the lifetime of the ancestor shall be 'taken into account in making such distribution; but in case an heir has received by way of advancement more than an amount -equal to the distributive share coming to such heir, the excess 'will not be refunded to the estate.

ESTATES UNDER $500. - The widow is entitled to $500 out -of her husband's estate, and if the estate is appraised as in value less than $500, the whole will be set over to her. But in such case the widow will be liable for reasonable funeral expenses cand expenses of Jast sickness of her husband.

~ INSOLVENT ESTATES. - AS soon as an executor or admin- istrator discovers that the property of the estate, personal and real, liable to be made assets, is insufficient to pay the debts, he 'is required to file a petition in court to settle the estate as in- 'solvent. If satisfied of the insolvency of the estate the court will order it settled as such, and the claims will be paid pro rata 'in their order.

LIABILITY OF HEIRS AND OTHERS. - the heirs, devisees 'and distributees of a decedent will be lable, to the extent of the 'property received by thein from the decedent's estate, to any ereditor whose claim remains unpaid, and who six months prior 'to final settlement~was insane, an-infant, or out of the state: Provided, Suit shall be brought within one year after the dis- -ability is removed, and that suit on any ciaim of a creditor out

of the state shall be Lrought within two years after such final se.t.s-

mate child will inherit from its mother as if legitimate.

intestate die without heirs resident in tke United States, or le- gitimate children capable of inheriting without the United States, his estate shall descend to his illegitimate children, if any, ac- knowledged by him as his own before his death. The mother's testimony alone is not sufficient to establish the fact of such

BASTARD, HOW MADE LEGITIMATE. - If a man marry the mother of an illegitimate child and acknowledge it as his own, such child will thereby become legitimate.

of an illegitimate child, dying intestate and without children or ather descendants, will inherit the estate of such child; and in ease of such mother's death the child's estate will descend to the descendants or collateral kindred of the mother.

A father will not inherit from his illegitimate child; but half-brother' and sisters will.

ESCHEATS. - The prope».y of an intestate, dying without kindred capable of inheriting from him, will escheat to the state.

HUSBAND AND WIFE. - AI laws in relation to descent and distribution of property are subject to provisions made in favor of a surviving husband or wife.

If a husband die testate or intestate, leaving a widow, one: third of his real estate will descend to her in fee-simple, free from all demands of creditors: Provided, however, That where the real estate exceeds in value $10,000, the widow will have one-fourth only, and where the real estate exceeds in value $20,000, one-fifth only, as against creditors. But as against all persons except creditors the widew takes one-third in value of her husband's lands.

If a widow remarries, having children or their descendants alive by a former marriage, she can not during her subsequent. marriage alienate or mortgage any lands held by virtue of such former marriage; and if she dies during such subsequent mar- riage the lands so held will descend to the children by the pre- vious marriage. If, however, there be no such children or their descendants, or if such children are of age and join in the deed, the widow may, with such subsequent husband, alienate the lands; or if she survives such subsequent husband she may dis-

, If a wife die testate or intestate leaving a wicower, one-third of her real estate will descend to him, subject, however, to its proportion of her debts before marriage. But in case the wife leaves a will, the husband may, 'within 90 Gays, elect to take under the will instead of under the law.

If a husband die intestate, leaving a widow and one child only, his real estate will go one-half to the widow and one-half to the child.

If a husband die intestate, leaving a widow and one child only, his personal property will go one-half to the widow and one-half to the child. If there are more than one child the widow will have one-third of the ie aaa property, remainder to the ehildren equally.

If a man die intestate, leaving a second or other subsequent wife without children by. him, but leaving a child or children, or their descendants, alive by a previous marriage, such surviving 'wife will, under the law now in force, take only a life estate dn the lands of her deceased husband, and the fee will at once vest in such child or children or their descendants.

The children, or their guardians, as in other cases, may con- vey such fee-simple interest during the lifetime of such widow, and she may also convey her life-interest in such lands.

If a man die testate leaving a widow, one-third of his per- 'sonal estate will descend to the widow, subject, however, to its proportion of the debts of said descendant: Provided, This shall not be construed to lessen any interest she may otherwise have 'im her husband's estate: And provided, also, That she may, within ninety days, elect to take under his will.

The personal property cf a wife, neld by her at her marriage, or afterwards acquired by her, will remain her own to the same extent as her real estate, and on her death before her husband will descend as her real estate does: Provided, That if she have eft a will her husband may, within ninety days, elect to take 'under her will.

If a husband or wife die intestate, leaving no child, but leaving a father and mother, or either of them, then the property, 'real and personal, of such husband or wife, will descend three- fourths to the widow or widower and one-fourth to the father and mother jointly, or to the survivor: Provided, That if the whole estate do not exceed one thousand dollars, the whole will 'go to the widow or widower.

If a husband or wife die intestate, leaving no child and no father or mother, the whole estate will go to the survivor.

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The rights of a surviving wife in her husband's real estate extend to all real estate of which he may have been seized ize.

~-fee-simple at any time during the "marriage and in the convey-

ance of which she has not joined, and also to all lands in whieh he had an. equitable interest at the time of his death: Provided,. That she may elect to take eaer her husband's will Bo of under the law.

A surviving wife aaa ings children are in all cases allowed to remain in the dwelling-house and occupy the lands adjacent, not exceeding iorty acres, for one year from he death of the

Where a husband gave a mortgage to secure purchase-money on real estate, his widow will not be entitled to an interest im said lands as against said mortgage or Berson claiming unees the mortgagee.

A husband or wife, having left the other and living in adul- tery at the time of the other's death, will not be entitled to any part of the estate of the decedent. So also as to a husband whe has abandoned his wife without just cause.

If a wife, before marriage, agrees, in writing, to take a certain provision made for her in lieu of her rights in her husband's lands, such ante-nuptial agreement will be binding upon her. The same rule applies to a husband, as to the lands of his wife. 73

In all cases of judicial sales of lands of a husband where the wife's interest is not sold, such interest becomes at onee absolute and vests in her as it would in case of his death; but this provision does not apply to Valvawen of lands in excess

If any married woman die holding property by virtue of her. marriage, such property will descend to her husband.

APPOINTMENT. - The court having probate jurisdiction fre each county, in term-time, or the clerk thereof in vacation, has: authority to appoint guardians of minors resident in such courty, . or having estates therein. In case of conflict between two ap-- pointments the one first made will exclude all others. Se

BOND. - The guardian shall give bond, with two or morw resident freehold sureties, in double the amount of the personaB property and four times the annual rental of the real estate.

GENERAL PROVISIONS. - In general, the provisions of the law in relation to estates of minors are similar to those in re lation to estates of decedent® ww. ss th

ef the state shall be brought within two years after such final

¢ APPEAL. - Appeals from decisions in relation to metnter may be prosecuted to the supreme or the appellate court, as in other cases, except-that the appeal bond must be filed in ten days, un- less, for good cause shown, the court to which the appeal is prayed shall direct such appeal to be granted on the filing of such bond within one year. The transcript must be filed in the eourt to which the appeal is taken within ninety Gays after the filing of the appeal pond. An executor or ee EDs may appeal without the filing of a bond.

LIABILITY. - Any executor or administrator is liable to be sued on his bond by any creditor, heir, or other interested person, for any violation of the duties of his trust.

OATHS. - Every executor or administrator is authorized to administer the oaths or take and certify the affidavits required toa be made in his estate by appraisers, clerk of sale, and persons

TO CHILDREN EQUALLY. - The real and personal property @f any person dying intestate will descend to his or her children 'im equal proportions. Posthumous children inherit equally with these born before the death of the ancestor. In this state de- grees of kindred are computed by the rules of the civil law. AGepted children inierit from the adopting parent the same as Mmatoural children.

TO GRANDCHILDREN. - A child or children will inherit the skare of estate that would have descended to the parent if living, and grandchildren and more remote relatives of the intestate WLE inherit by the same rule. But if the intestate leaves only grandchildren alive they will inherit equally.

imfestate die without lawful issue or their descendants alive, ome-Lalf of his estate will go to the father and mother jointly, oz t> the survivor, and the other one-half to the brothers and sisiers and to the descendants of such as are dead, as tenants im common. If there be neither father ror mother, the whole esiafe will go to the brothers and sisters, and the descendants of such as are dead, as tenants in common. If there be no Erathers or sisters or their descendants, the father and mother, -a@r te survivor, will take all the estate.

1. If the inheritance came to the intestate by gift, devise, or descent from the peternal iine, it shall go to the pavernal Grandfather and grandmother, as joint tenants, and to the sur- vivor of them; if neither of them be living it shall go to the uncles: and aunts in the vaternal line, and their descendants, i any of them be dead; and if no such relatives be living, i2 shall go to the next cf Fin, in equal degrees of consanguinity, among the paternal kiadred; and if there be none of the paternal kindred thus entitle.' to take the inheritance, it shall go to the maternal kindred i: tho same order.

2. If the inheritance came to the intestate by gift, devise oF descent from the maternal line, it shall go to the maternal hime ared in the same order; and if there be none of the maternal kindred entitled to take it, it shall go to the paternal kindred in the same order.

3. If the inheritance came to the intestate otherwise than by gift, devise, or descent, it shall be divided into two eaual parts, one of which shall go to the paterral and the other to the maternal kindred, in the order named; and on the failure of fither line, the other shall take the whole.

If a man die intestate, leaving a widow and child, and the widcew die intestate, leaving the child, and then the child Cie intestate, leaving as its only heirs uncles and aunts on the pa- ternal and maternal side, the uncles and aunts of both Hnes will inherit equally frem such child.

KINDRED OF THE HALF BLOOD. - Kindred of the haff blood inherit equally with those of the whole blood; but ii the- estate came to the intestate by gift, devise or descent from any ancestor, those only who are of the blood of such ancestor shal] inherit. But on failure of such kindred, other kindred cf the half blood will inherit as if they were cf the whole blood.

DOMICIL. - The personal p erty of a decedent domiciled in this state is distributed according to the laws of this state, wherever such property may be situated.

WHEN ESTATE REVERTS TO DONOR. - An estate which came to an intestate by gift or by conveyance, in consideration of love and affection, will, if such intestate die without leaving. children, or their descendants, revert to the donor, if living, at the intestate's death, saving to the widow or widower, if any there be, his or her rights in such estate; and saving also tc suehk, widow or widower a lien for the value of improvements therecn..

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"WHEN ACTION LIES. - When any personal goods are waerongfully taken, or unlawfully detained, from the owner or per- -sgon claiming the possession thereof, or, when taken on execution 'ear -<attachment, are claimed by any person other than the defend- gant, the cwner or claimant may bring an action for the posses- -<gi0n thereof.

AFFIDAVIT FOR DELIVERY. - The plaintiff may, at the time 2a issuing the summons, or at any time before answer, claim the 'mmmediate delivery of such property. When a delivery is claimed, gam -affidavit must be made by the plaintiff, or by some one in his eshalf, showing: (1) That the plaintiff is the owner of the gmroperty, or that he is then lawfully entitled to its possession, w@perticularly describing it; (2) That the same has not been "tien for a tax, assessment, or fine, pursuant to a statute; or -ogeized under an execution or attachment against the property ait the plaintiff, or, if so seized, that it is, by statute, exempt from -sgmuch seizure; (3) That the property has been wrongfully taken sami is unlawfully detained by the defendant, or is unlawfully stained; (4) The estimated value of the property, and in what -egpunty it is believed to be detained. (The provisions in an action @ier replevin before a justice of the peace vary somewhat from "Ghose hre stated.)

ORDER FOR DELIVERY. - On the filing of the affidavit the eiterk of the court will issue to the sheriff an order to take posses- -<fion of the goods. If within twenty-four hours the defendant file .<a proper bond, the goods will be returned to him; but if no such -pord be filed within such time then the plaintiff, on filing a bond, '-awill be e«7'tled to the possession of the goods until the matter is - - fleterm':.: Sy the court.

BR... <ING OPEN BUILDINGS. - If the property be con- ~emealed in a building or enclosur2, the sheriff will first demand its -felivery, and on being refused will cause the building or enclosure "0 de broken open. Orders to differen: counties may issue at the -Szame time.

EXECUTION AGAINST THE BODY. - In case of concealment -<gr removal of goods and failure to pay the value thereof into -egourt, the defendant may be arrested and confined in the county, pe ntti duly discharged according to law.

PUBLICATION IN NEWSPAPER. - Publication of legal mat- 'ers, printed in the English language, will be lawful if published wim any newspaper of general circulation published in the county,

GUARDIAN AD LITEM; NEXT FRIEND. - AII courts have power to appoint a guardian ad litem for a minor in any suit, and also to permit any person, as next friend, to bring suit in behalf of a minor. |

MARRIAGE OF FEMALE WARD. - The marriage of a female ward to a man of full age operates as a discharge of the- guardian, and he may account to the wife with tne assent of her husband.

GUARDIANSHIP OF THE INSANH. - A guardian may be appointed for a person found by the court to be of unsound mind or incapable of managing his own estate; and the duties of such guardian will be similar to those of guardians of minors.

WHO MAY MAKE. - AlIl persons, except infants and persons of unsound mind, may dispose of their property by will. Married women may will their property as if they were single, but in such case the widower may elect to take under the law or the

REVOCATION. - A testator may revoke will by destroying or mutilating it, or by making another in its place. The last will revokes those previously made.

BIRTH OF CHILD. - If after the making of a will the testator has a child born for whom no provision is made, the will becomes thereby revoked. But in case such child dies with- out issue, and the wife of the testator be living, the estate, except the wife's interest, will descend as provided in the will. In case of the death of the child without issue and also the death of the testator's wife, the property will descend according to the will; but if the child leave a widow she shall hold the estate during her

MARRIAGE OF TESTATRIX. - If a woman make a will and afterwards marry, such will becomes thereby revoked.

INCUMBRANCE AND SALE. - If a testator incumbers de- vised property, the devisee will take it subject to the incumbrance If the testator sells an interest in devised property and receives sanother interest in the same property, such second interest goes +o the devisee, unless the will or the instrument of conveyance provides otherwise.

PAYMENT OF DEBTS. - If devised property is taken to pay the testator's debts, the loss to the devisee must be made up, pro rata, by the other devisees.

"DEATH OF DEVISEE. - If a devisee who is a descendant of

the testator dies before him, but leaving a aecceadant who sur vives the testator, such descendant -will take the property "@e - vised. But if a devisee dies before the testator, and 'leaves' max:-- descendant, the devise will lapse. :

HOW EXECUTED. - Except in rare cases, a will must Be-- in writing, signed by the testator and witnessed by two or more - competent persons.

HOW PROVED. - A will may be proved, after the testator's: - death, in the circuit court by one or more of the subscribing= witnesses; or, in case of their death, by proof of the handwriting. - of the testator, or of the witnesses.

INTERESTED WITNESS. - If.a will can not es proved ithe out the testimony of one of the devisees, then such devisee wilE i take no more, if any, under the will than he would take unde= - the law. i Soa

FOREIGN WILL. - A will proved in another state or country. . and the proof duly authenticated, may be filed and recorded im... this state as if made and proved here.

CONTEST. - Any person in interest may, within three years. . contest the validity of any will or resist the probate thereof, ber - giving bond and by alleging unsoundness of mind of the testator;_.. or that the same was executed under undue influence, or making. other valid objection.

and persons absent from the state, or of unsound mind, have two years after their disabilities are removed to contest the va - lidity of a will.

LOST WILLS. - Provision is made by statute for proof of. ° lost wills that were in existence at the death of the testator,;. . or had been before that time, and without his consent, destroyed: : or otherwise fraudulently disposed of.

PETITION. - Any person desirous of adopting any child may - file his petition therefor in the circuit court. A husband and wife may jointly file such petition. |

CONSENT OF PARENTS. - If such child have a father ox - mother living such adoption will not take place unless the parent: - or parents living appear in court and consent thereto.

RIGHTS OF CHILD. - An adopted child will take the name in which it is adopted and will be entitled to all the rights ang; interest in the estate of its adopted father or mother that fe.

would. be if a natural born child. But should such child die.in- .

testate, without leaving husband or wife or dexcéndants | surviving, it then any properiy received from the adopting parents will go to the heirs of such parents.

adopting parent assumes all the duties owed by 'a natural DEE a to a child and is en@led to all the rights.

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ADOPTION IN ANOTHER STATE. - In case a 'hi

In another state, and the record of such adoption is filed with ,

the clerk of the circuit court and entered upon the order-book, S

the child so adopted will have the same oe as. if adopted .

in this state.

WHAT CONSTITUTES. - The law governing 'this state is declared to be -

1. The constitution of the United States and of this state,

2. All statutes of the legislature in force and not inconsistent with the constitution. +

3. All statutes of congress in force and not inconsistent with - the constitution of the United States. :

4, The common law of England not inconsistent with the firs", second and third specifications above.

CRIMINAL OFFENSES. - There are no common-law offenses in this state; and hence all offenses must"be defined by statute. ~ CONSTRUCTION OF STATUTES. - AI1 words, except those having a peculiar or technical meaning in law, shall be taken in their ordinary and usual sense.

Where the statute gives joint authority to three or more persons, it will be understood, unless otherwise stated in the law, that a majority may act.

The word "highway" includes county bridges, and state and county roads, unless otherwise expressly provided. Every street is a highway, though every highway is not a street.

The word "inhabitant"? means a resident in any place.

The word "month" means a calendar month; that is, a month with the days in each as set out in the calendar; and a "year" means a calendar year, unless otherwise expressed.

The word year means the year of our Lord.

The words "preceding" and "following," referring to sec- tions in statutes, mean the next preceding or next following.

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The word "state" includes the District of Columbia ana the territories; and the words "United States" also include said District and territories. 5

~The word "will" includes "testament" and "codicil."

The words ''written" and "in writing' include printing and other modes of representing words. But where the written sig- nature of a person is required, his proper hand-writing, or his mark, is intended.

Where a statute requires an act to be done, and the Jaw authorizes a deputy or an agent to act for his principal, the re- quirement will be satisfied by the performance of the SIA or agent.

Where a person is required to be disinterested, relationship within the sixth degree, inclusive, under the rules of the civii law, or within the degree of second cousin inclusive, will dis- qualify such person from acting. .

The word "sheriff? means sheriff of the ccunty, or any one else authorized to perform his duties in the case.

The word 'clerk'? means the clerk of the court, or any one

else authorized to perform his duties in the case. The words "of unsound mind" include idiots, lunatics, ana

distracted persons. The word "person" extends to bodies politic and corporate. The phrase "under legal disabilities" includes persons under twenty-one years of age, or of unsound mind, or imprisoned in the state prison, or out of the United States. Married women are not under legal disabilities in this state, except in specia} cases. Non-residence in the state is not a legal disability.

The words "land," "real estate," and "real property," in- a part of the realty. An easement in land, as the right to travel over it, is appendant to the land.

The phrase "personal property'? includes goods, chattels, notes, or other evidences of debt and rights of action.

The word "property" includes both personal and real prop-

The word "judgment" includes ail final orders and decrees of court and all orders upon which execution may issue.

Words importing the singular number only, may, when nec- essary to give effect to the meaning of a statute, be also applied to the plural number; and words importing the masculine gen- der only may, in like manner, be applied to the feminine gender.

The provisions of our civil code are to be liberally construed,

and not limited by any rules of strict construction.

ONE FORM OF ACTION. - There is but one form of action for the enforcement of private rights or the redress of private wrongs, and this is called a civil action. In such action the party complaining is called the plaintiff, and the other the de-

REAL PARTY. - Every action must be prosecuted in the name of the real party in interest; except that an executor, ad- ministrator, or trustee of an express trust, or a person author- ized by statute, may sue in hig own name. But an action will not abate by reason of the death or disability of a party, or by the transfer of an interest therein, if the cause of action survive. In case of death or disability of a party, his representative or successor in interest may be substituted. In case of transfer of interest, the action may be continued in the name of the original party, or the person to whom the transfer is made may be sub-

ACTION ON OFFICIAL BONDS. - Actions on official bonds are brought in the name of the state, on the relation of the party in interest.

MARRIED WOMAN. - A married woman may bring an ac- tion in her own name when the action concerns her separate property, or for any injury to her person or character; but her husband may be joined in the suit.

POOR PERSON. - A person not having sufficient means to prosecute or defend an action may obtain leave of court to sué as a poor person, and without giving bond or paying costs.

SEDUCTION. - An unmarried woman may bring a suit for damages for her own seduction. Her father, or, in case of his death, desertion of his family, or imprisonment, her mother, may also sue for such seduction.

INJURY TO CHILD. - A father, or, in case of his death, de- sertion, or imprisonment, the mother, may maintain an action for the injury or death of a child; so also a guardian for his

WHO PLAINTIFFS. - In general, all persons having an inter- est in the subject of an action, and in obtaining the relief de- manded, should be joined as plaintiffs. oe

WHO DEFENDANTS. - Any person may be made a defend- ant who has, or claims, an interest in the controversy adverse

to the pluintiff, oy who is a necessary party to the complete set- | tlement of the questions involved. c

JOINDER OF CAUSES. - The plaintiff may unite several causes of action in the same complaint, when they are included in any one of the following classes: (1) Money demands on contract; (2) Injuries to property; (3) Injuries to person or char- acter; (4) Claims to recover possession of personal property, with or without damages; (5) Claims to recover possession of real property, with or without damages; also to make partition of land and to determine and quiet title to the same; (6) Claims to enforce specific performance of contracts, also to avoid con- tracts for fraud or mistake; (7) Claims to foreclose mortgages; to recover judgment on same; to subject real property to sale; to marshal assets; to substitute one person to the rights of an- other; and all other causes of action arising out of a contract or a duty and not hereinbefore named. But causes of action so joined must affect all the parties, and must be separately stated and numbered.

WHAT ACTIONS DIE. - A cause of action arising out of an injury to the person dies with the person of either party, except in case of an injury causing death, and@also actions for seduction, false imprisonment, and malicious prosecution.

ACTIGNS FOR DEATH OF ANOTHER. - When the death of one is caused by the act of another, the personal representatives of the former may maintain an action therefor against the lat- ter, if the former might have. maintained an action, had he or she lived. The damages can not exceed $10,000, and will be for the sole benefit of the widow, or widower, and children, or next of kin, to be distributed as personal property of the deceased.

WASTE. - One entitled to an estate after a life tenant may maintain an action against the life tenant for waste of the estate.

CO-TENANT. - A ttnant in common who excludes his co-ten- ant, or who receives rent from third parties, may be required to account for the co-tenant's share.'

NUISANCE. - Whatever is injurious to health, or indecent, or offensive to the senses, or an obstruction to the free use of property, so as essentially to interfere with the comfortable enjoyment of life or. property, is a nuisance, and the subject of. an action.

_ LIMITATION OF ACTIONS. - The rollowine actions must be brought within 6 years: (1) On accounts and contracts not in writing; (2) For use; -rents and profits of land; (8) For injury to property and damages for its detention, and for recovery of

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possession of personal property; (4) For relief against frauds.

The following -actions* must be brought within the times named: (1) For injuries to person or character, and for a for- feiture or penalty given by statute,.2 years; (2) Actions on official bonds, 5 years; and to recover money collected by a public officer, 6 years; (3) For the recovery of real property sold on execution, 10 years; (4) For the recovery of real property sold by executors and others on special order of court, 5 years; - (5) Upon promissory notes, bills of exchange, and other written contracts for the payment of money, 10 years; (6) Upon contracts in writing other than those for the payment of money, on judg- ment, and for the recovery of real estate, 20 years; (7) All other actions, not specially provided for, 15 years.

sons of unsound mind, those imprisoned, and those out of the United States at the time the cause of action accrues, may bring their actions within two years after the disability is removed.

DEATH OF PARTY. - The death of a party having a righ? of action has the effect to extend the statute of limitations for eighteen months after such death.

CONCEALMENT; PART-PAYMENT. - In case of conceal- ment of the cause of action by one liable, or in case of partial payment by the debtor, the time within which action may be commenced begins to run only after the discovery of the cause of action or making of such payment.

ACTIONS, WHERE BROUGHT. - In general: (1) Concern- ing real estate, in the county where the land is situated; (2) Concerning penalties and forfeitures, in the county where the cause arose; (3) Against corporations, in any county where the corporation has an office; (4) Against a railroad company, in - any county through or into which the railroad runs; (5) Against

a foreign corporation, in any county where the corporation has _property; (6) Concerning wills, in the county where the will, if

valid, should be probated; (7) In other cases, in the county where the defendant, or one of them, resides; or, in case of nen- residence, wherever they may be found -in the state.

"ACTIONS, HOW "COMATENGED. - Actions. are tommenced by

- the filing of a-compdaiat and the ossne -0i 2 Semrmons er the pub-

lication of a notice.

PLEAS OF THE DEFENDANT. - The defendant may demur to the complaint for insufficiency; or may answer: (1) By denial; (2) By pleading new matter, as set-off or counter-claim. ;

SET-OFF. - A set-off is a matter in tavor of the defendant

_ arising out of debt, duty, or contract, and used to reduce or wholly overcome the plaintiff's money demand on contract.

COUNTER-CLAIM. - A counter-claim is matter arising out

of or connected with the plaintiff's cause of action, and which . might be made the subject of an action in favor of the defendant, . 2 The defendant may go on with his action for, set-off or counter- claim even if the plaintiff should dismiss his cause of action.

ANSWER BY GUARDIAN. - An infant or a person of un- sound mind answers only by his guardian.

REPLY. - The plaintiff may reply to new matter set up in the answer.

INTERROGATORIES TO PARTIEHS. - Hither party may pro- pound interrogatories, to be filed with the pleadings, and require the opposite party to answer the same under oath.

COPY OF INSTRUMENT. - When any pleading is founded on a written instrument or on account, the original, or a copy thereof, must be filed with the pleading.

BILL OF PARTICULARS. - A bill of particulars of the claim of either party may always be required.

EXECUTION OF INSTRUMENT. - The execution of a writ- ten instrument need not be proved unless denied under oath.

DILATORY PLEAS. - Pleas denying the jurisdiction of the court, or in abatement, and all dilatory pleadings, must be sup- ported by affidavit. An answer in abatement must precede an

answer in bar, and must first be decided.

WANT OF CONSIDERATION. - A failure or want of con-

. sideration may be pleaded to any action, except one founded on a negotiable instrument negotiated before falling due.

PLEADING SET-OFF OR PAYMENT. - A set-off or pay- ment may be pleaded although barred by the statute of limita-

LIBEL OR SLANDER. - In an action for libel or slander, the

"defendant may allege and prove the truth of the dafamatory

- LIBERAL CONSTRUCTION. - Pleadings will be liberally construed with a view to substantial justice between the parties; but either party may be required to make his pleading more def-

ALLEGATIONS TAKEN AS TRUE. - Every material allega- tion in the complaint or answer, which is not controverted, will be taken as true; except in case or a defendant not personally, summonsd or present, in which latter case proof must be made

=@S in case of answer. 'Neither will any personal judgment be is, -wendered against one not 'personally summoned and not ap-

AMENDMENT aes Poleaninee may be amended by either . Marty, at any time before: the pleading is answered; and after- --qvards by leave of court. < |

"-wvill be reversed for errors that io nat affect the substantial -Wights of the adverse party.

SUPPLEMENTAL PLEADINGS. - Supplemental pleadings »amay be filed, showing facts which occurred after the former

CAUSES, HCW TRIED. - Questions of law are for the court. -€auses of purely equitable jurisdiction are triable by the court -~ nly. Questions of fact in actions at law may also be tried by. - the court, but in such case either party may demand a jury. The ~«ourt may also submit to the jury questions of fact in equitable

CHANGE OF VENUE.- - Changes of venue from the judge or . from the county may generally be granted, on a showing by - @ither party that such change is necessary in order to secure «to him a fair trial. Only one such change will be granted in - @ither case to either party.

LAWS OF OTHER STATES. - The common law will be pre- .sumed to be in force in another state, unless a statute changing -4it is alleged and proved.

FRODUCTION OF BOOKS AND PAPERS. - The court, or » Judge, may, upon notice to the adverse party, and upon affidavit «of their necessity and materiality, compel either party to produce, -. at or before the trial, any book, paper, or document, in his pos- : session or power. If not produced, parol evidence may be given _ + of its contents,

. SUMMONS; SERVICE. - The clerk of the court will issue : subpena for witnesses for either party. The subpena may be =served by any person. If served by the sheriff his return will . Me sufficient proof of the service; if by any one else his affidavit 'will be sufficient proof. No one but the sheriff can have fees "« or such service. If the witness can not be found, the service | acmay be by certified copy at the last and usual place of residence: : . ®rovided, Such service by copy shall not be made where the of- . 4 fficer has good cause to believe that the witness has removed his «,#Xesidence without the jurisdiction of the officer. If it be shown

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by affidavit that a witness served by copy, but who does not ate tend, has knowledge of such service, he may be attached for con- tempt of court.

PREPAYMENT OF FEES. - Witnesses residing in the county must attend without requiring the payment of their fees in ad- vance; but those residing without the county are not obliged to attend unless the legal fees for traveling to and from court and one day's attendance are first paid. Such witnesses residing out of the county may also thereafter during the trial demand the payment of each day's fees in advance. Witness fees per diem .are one dollar and twenty-five cents; mileage, five cents a mile, not to be computed beyond the limits of the adjoining county. The fees of interpreters are the same provided for witnesses.

COMPETENT WITNESSES. - AII persons are competent wit- 'nesses in a civil action, except the following: (1) The insane;

(2) Children under ten years of age, unless it appears that they understand the nature and obligation cf an oath; (8) Attorneys, as to admissions made to them in the course of their professional business, and as to advice given in such cases; (4) Physicians, as to matters communicated to them, as such, by patients, in the course Of their professional business, or advice given in such case; (5) Clergymen, as to confessions or admissions made to them in course of discipline enjoined by their respective churches; (6) Husband and wife, as to communications made to each other.

executor or administrator is a party, and judgment may be ren- dered for or against the estate, and the suit involves matters that occurred. during the life of the decedent, a necessary adverse party is not a competent witness. A like rule applies in actions against heirs, in relation to property derived from the ancestor; neither party can testify. Where, however, a deposition of the decedent has been taken or evidence was given by him in the matter, and such deposition or evidence can be used in the suit, the evidence of the adverse party is competent, but only as to matter embraced in such disposition or evidence. If an agent of the decedent give evidence for the executor or administrator as to any transaction had by him as such agent and in the ab- sence of the decedent, then the adverse party may testify con- cerning the same matter. Any person may, however, in any such suit, call as a witness any party adverse to him; and the court may in its discretion require any party or other person to

EXPERTS. - A witness who is an expert in any art, sclenes, trade, or profession, may be called to testify as to his opintem:: as such expert.

IMPEACHING ONE'S OWN WITNESS. - A party can met impeach his own witness by evidence of bad character, unless- it was indispensable that the party should produce such witness... or in case of manifest surprise; but a party may always contra - - dict his own witness by other evidence, and by showing that the witness has made statements different from his present test

IMPEACHMENT. - When a witness, on cross-examinatieng... denies, or says that he does not recollect, making a certain state ment, evidence may be introduced to prove that he did make t2s2-

EXAMINATION OF PARTY. - A party may be examined ase a witness either at, or, on notice, before the trial.

OFFER TO ALLOW. - After a suit is begun, and before triaiz. a defendaut may offer, in writing, to allow judgment to be em tered against him for a sum to be stated in the writing. If the- plaintiff réfuses the offer and fails to recover more at the triak. he must pay the costs occasioned subsequent to the offer. Ome who is indebted to another may, in like manner, offer to confesm=- judgment for an amount stated, and if the offer is refused and tis=- creditor brings suit and fails to recover more than the offer, Ee must pay all costs. If any such offer is refused, no use or mentitzm. is to be made of it at the trtai

AFFIDAVIT FOR. - Parties have the right in all cases te. submit a matter in controversy to the court for decision orn ag agreed statement of the facts, to be signed by them both. There must be an affidavit that the controversy is real and the prv{ - ceedings in good faith. The only record in such case is the statement and affidavit, and the judgment of the court. The judgment may be enforced as in other cases.

CAUSES FOR. - A new trial may be granted: (1) For irreg=- ularity in the proceedings; (2) For misconduct of the jury @=- of the prevailing party; (8) For accident or surprise; (4) Fer excessive damages (in cases of tort); (5) For error in the a= sessment of the amount of recovery, whether too large or taum- small (in actions on contract or for the injury or detention ef. property); (6) That the verdict or decision is not sustained Bye

sufficient evidence or i; contrary to law; (7) For new3y es covered evidence; and, (8) For error of law occurring a - trial and excepted to at the time.

WHEN AFPLICATION MADE.- - The application for a mag trial must be made during the term, except that if the verdic? ar decision is rendered on the last day of the session the motinm may be made on the first day of the next term. But if the cause is discovered after the ciose of the term, the application for = gew trial may be made afterwards, not later, however, than oma year after final judgment.

WHERE ENTERED. - Judgments are first entered im ®@22 - order-book of the court, and, after thirty days, upon the #nae- ment docket; and such records shall be open to all persons.

SATISFACTION. - When a payment is made the same showi be shown upon the record, and when the judgment is fully pos satisfaction should be entered.

COSTS. - In all civil actions, the party recovering. jud=raczs will recover costs, unléss a different provision is made by tase In actions for money demands on contract begun in the ciremi or superior courts, except where one or more uf the neeosm#ars defendants are not residents of the county but are resents of the state, if the plaintiff recover less than fifty. dolars; I= must pay costs, unless the judgment has been reduced bektar fifty dollars by set-off or counter-claim. In all actions-for dam- ages solely, not arising cut of the contract, if the plaintH? am not -recever five dollars, he will not recover more costs them damages, except in actions for injuries to character, false, iam prisonment, and where the title to real estate comes 1n queséiom Yhe purpose of the provisions last above mentioned is evidentiz to require persons to bring actions of a minor character before justices of the peace.

NON-RESIDENTS. - Plaintiffs who are not residents of %?xse state must file a bond for costs before bringing their action.

COLLECTION OF COSTS. - Execution may issue for eu3ieg-

tion of a judgment for cosis as in case of any other jndgment Fee bills may also issue to collect costs from the parties Ba

whom such costs were made.

@ OPENING 1JDGMENTS. - Parties against whom @ jugmens has been rendered without other notice than publication m = oewspaper, may, except in case of divorce, have such judgmen® opened at any time within five years,

ASSIGNMENT.-- - Judgments may be assigned on the recor®

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oy the holders, and fhe assignees may thereafter enforce, re- lease, or transfer such judgments, the same as the original owns

LIEN ON REAL ESTATE. - AI]I final judgments are a lien on © the real estate of the debtor within the coumty, for ten years, and no longer.

TRANSCRIPT OF JUDGMENTS. - A transcript of a judg- ment rendered by a justice of the peace, or by any other court in this state, may be filed in the office of the clerk of the cir- cuit court of any county, and such judgment, from tue date of filing such transcript, ae have the same force as if So sa in such circuit court.

WHEN TAKEN. - Appeals from final judgments of circuit or superior courts may be taken at any time within one year from the date of the judgment. In case the appellant is under legai disability at the time the judgment is rendered, he will have ore year from the removal of such disability within which to take his appeal. A part of several co-parties may appeal on nee notice upon the others or their attorneys of record.

APPEAL IN TERM. - When the appeal is taken during the term at which the judgment was rendered, and a bond has been - filed to the approval of the court, such appeal will stay all fur- ther proceedings on the judgment until after the decision of the appeal. The transcript must, in such appeal, be filed in the office of the clerk of the supreme court within sixty days after the filing of the bond. No notice need be given in this case to co- parties not appealing, but they will be bound by the decision - on the appeal to the same extent as if they had becn made

APPEAL AFTER TERM. - If the appeal is not taken until after the close of the term at which judgment was rendered, such appeal will not stay proceedings on the judgment without an order from the supreme court and the filing of a supersedeas.

DECISION OF THE APPEAL. - The supreme court may af- - firm or reverse the judgment below, in whole or in part, ard remand the case for such further action as may be deemed proper. A petition for a rehearing of the appeal may be filed within sixty days after such decision. On the final determination ~ of the appeal, the case will be certified to the trial court. APPELLATE COURT. - Like proceedings are had in the ap

gekigge courl when cuses of which tnat court has jurisdiction mane appealed, :

WHEN ISSUED. - Execution on a judgment may be issued Wi amg time within ten years, on written precipe therefor by the fraider of the judgment. After ten years, execution will issue euisry om leave of court, upon motion, filed therefor. No execution sam &e obtained after the lapse of twenty years.

&ENDS OF . - There are three kinds of execution - one against tise greperty of the judgment-debtor, one against his person, | gmil ome for the delivery of the possession of real or personal giraperty, with damages for withholding. the same.

RETURN OF. - tThe execution must be returned in one hun- re and eighty days; and an alias execution will then be issued 'for the collection of any balance due on the judgment.

STAY OF. - By procuring replevin bail a judgment-debtor esay bave execution stayed for a time from thirty to one hundred amd eighty days, according to the amount of the judgment. On tie entry of such bail, if execution has issued, the same will be

GVHEN STAY NOT ALLOWED. - NoO stay of execution will be aifa@wed en a judgment against any officer, person, or corporation, ex ¢iecir sureties, for money received in a trust capacity or for texecte of official duty. And when judgment is recovered against @. deiter and his sureties, and the sureties object to stay of emz=ersiian, the judgment will be so entered and excution will @é @uce issue unless rep:evin bail shall undertake to pay the fuslcmsemt in .case the same can not be made out of the principal Gefemiant. Any 'bail for stay of execution may also have execu- €igm @t once issued in case he fies an affidavit therefor stating tiat Le believes he will otherwise be himself liable to pay the

EXEHMPTION. - An amount of property not exceeding six farrtinad dollars owned by any resident householder will not be Hiei: £0 sale on execution for any debt growing out of a con-

_<ELHMDULE. - Before any debtor will be entitled to the ben- eft of cn. exemption from sale on execution he must make out auc €<iiver to the sheriff a sworn inventory of all his property, pean axa personal, both within and without the state, and his walucSien of the same. Such property will thereupon be ap- praised Sy two disinterested appraisers, ene selected "by the giainei and one by. the defendant; and a third may be chosen

fy these two. Therenpon six hundred dollars' worth of property or its value will be set off or paid to the debtor. WHO '8S A HOUSEHOLDER. - Any person who is the hea@

_ of a family, or who has others depending on him for support,

is a householder and may claim the exemption.

WHEN EXEMPTION NOT ALLOWED. - Exemption shall not affect laborers' or mechanics' liens, nor liens for the purchase- money of the real property exempted, nor taxes, nor liabilities for

» REDIEMPTION. - The owner of real estate levied upon by the sheriff and sold under execution has one year within which to redeem said land by paying the judgment. During the year for redemption the owner has the right to occupy and use the prem- ises sold, free of rent; but if he fails to redeem he will not be entitled to crops growing on the lands when the year for re- zemption expires. If, however. the crops are planted before sale the tenant will be entitled to his share.

OTHER REDEMPTIONERS. - During the year for redemp- tion, any judgment-creditor, mortgagee, or other lien-holder, may, in case the owner has not redeemed, redeem from the sheriff's sale of real estate by paying to the clerk of the court the amount bid at the sale and eight per cent interest, and taking from the clerk a certificate which will entitle him to a sheriff's deed at the end of the year for redempiion, in case there is no other redemption. There may be as many such redemptions as there are judgment- creditors or.lien-holders.

EXECUTION AGAINST THE BODY. - No execution will issue against the body of any execution debtor, except on affidavit filed by the plaintiff charging the debtor with fraudulently con- cealing, remcving or transferring his property subject to ex- ecution, with intent to defraud and delay the plaintiff. But ip case of such fraud a defendant may be arrested, and, in default of bail, committed to jail.

ease an execution is returned unsatisfied, in whole or in part, the judgment-creditor will be entitled to an order requiring the judgment-debtor to appear and answer concerning his property. A like order, on affidavit filed, may be made against any person or corporation charged with having the possession of property o% the debtor or with owing such debtor. Upon the hearing of such proceedings, any property of the debtor not exempt from execu- » tion, whether ip his ewn possession or in the possession of other persons SEES gn may be arplied in payment of the judgment

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ARBITRATION. - Any controversy which migbt be the sub- fect of a suit at law, except where a fee or life-estate in land is in question, may be submitted in writing for the decision of on¢ or more persons agreed upon. Should either party not abide by the. award the other may, on the service of a rule to show cause, have the question determined by the court and judgment en- tered, aS may be just. .The award may be affirmed.on such subs mission, or may be modified, corrected, or wholly set aside.

. REFEREES. - If. the subject-matter of any suit pending iu court might originally have been submitted to arbitration, ths parties or their attorneys may consent by rule of court to refer such matter to the examination of a person or persons to be agreed upon. The report of such referee or referees will be en- tered upon the orcer-book and treated as a verdict or finding, and judgment may be rendered thereon, as in other cases.

CAUSES FOR. - In an action for the recovery of money, the plaintiff, at cr after the filing of his complaint, may have ax order of attachment against the property of the defendant, in the cases following: (1).Where the defendant, or one of them, is a foreign corporation or a non-resident of this state; (2) Where the defendant, or one of them, is secretly leaving or-has left the state, with intent to defraud his creditors; (3) Where a defendant so conceals himself that a summons can not be served upon him; (4) Where a defendant is removing or about to re- move his property subject: to execution, or a material part _ thereof, out of the state, not leaving enough to satisty tne plain- tiffs claim; (5) Wuere a defendant has sold or otherwise dis- posed of -his property. subjcct to execution, withthe fraudulent ° intent to chcat, hinder, or delay his creditors; (6) Where a de- fendant is asout to sell or otherwise dispose of his property subject to execution, with such fraudulert intent.

.In the-2d, 4th, 5th, and €th cases, the plaintiff ig entitled to an attachment whether the cause of action be due or not.

Except inthe 4th, 5th, and 6th cases, no attachment will issue while the wife and family of the debtor remain in the county: -Provided, He do not.remain absent from the state more than a year and that no attempt is made to conceal his absence.

. Before the issue of a writ of attachment an affidavit and bond to the approval of the clerk must be filed by the plaintiff. Several writs may be issued to sheriffs of different counties.

LIEN OF WRIT. - An order of attachment binds the defend- ant's property in the county subject to execution from the time

of its delivery to the sheriff, in the same manner ag an execuce tion. Personal property must be first taken and soid, and therm real estate if necessary to satisfy the creditor in full.

GARNISHMENT. - In all personal actions arising upon con- tract, or upon a judgment, if at the time the action is com- menced, or afterwards, whether a writ of attachment has issued or not, the plaintiff, or any one for him, files an affidavit that he has good reason to believe and does believe that a per- son (naming him) has property of the defendant, and atso files a bond as in attachment, the clerk will issue a writ of garnish- ment against such person; and on the hearing judgment may be entered subjecting property of the defendant so in the hands of such person to the payment of the plaintiff's claim. It has been held that such writ of garnishment can issue only on affidavit showing one or more of the causes authorizing the issue of a writ c' attachment. Final judgment will not be rendered against the g.:nishee until the action against the defendant is deter- mined; nor will the garnishee be compelled to make payment otherwise than he would-be bound to do for the defendant.

OTHER CREDITORS. - Any other creditor of the defendant, by filing the proper affidavit and bond, may become 4 party to the action in attachment ard garnishment and prosecute his claim to final judgment, @ren though the original plaintiff should dismiss his suit. The money realized from the attachment and garnishee proceeding will, after payment of costs, be distributed pro rata amongst the several creditors.

ATTORNa is.

WHO MAY CONDUCT CIVIL ACTIONS. - Any eivil action may be prosecuted or defended by the party in person, or by his attorney, except that a corporation appears ty its attorney in a

AUTHORITY OF ATTGRNEY. - An attorney has authority until discharged: (1) To bind his client in an action or pro- ceeding by his written agreement filed with the clerk, or entered uron the minutes of the court; and (2) To receive money for his. client, and upon the payment in full thereof, to discha ge the claim or satisfy the judgment.

ten authority of an attorney to appear for his client may, on motion of either party, be required by the court.

SUSPENDING OR REMOVAL. - An attorney guilty of crime or of any violation of his duties as an attorney or officer of the court, may be suspended from practicing. For colluston, failure

to pay over money, and other offenses, particular punishments are provided.

WARRANT FOR ARREST. - When any woman who has been delivered of or is pregnant with a bastard child shall make a complaint thereof in writing under oath, before any justice of the peace, charging any person with being the father of such Child, such justice shall, by his warrant, cause suck person to - 'be arrested and brought before him.

'COMMITMENT. - TIf the justice tind the defendant to be the father of the child he will bind him over to the circuit court. The mother's evidence will be taken down by the justice and sent up with the papers in the case. The filing of the justice's transcript in the circuit court operates as a lien on the real -estate of the defendant, to the extent of the judgment that may vafterwards be rende~sd in the circuit court.

PETITION; PuBLICA'ION. - On petition filed and notice 'by publication, the circuit court may change the names of per- sons or corporations. .

DIRECT. - Direct contempt of court arises from any act, in the presence of or near to the court, when in session, so as sto interrupt or disturb the proceedings.

INDIRECT. - Indirect coutempt of court results from any -act of disobedience, false reports of pending proceedings, or other act not in the presence cf the court by which its nee is brought into disrepute or rendered ineffective.

PUNISHMENT.- - One charged with direct contempt may be -arraigned directly by the court and tried without affidavit or -information; but in case of indirect contempt the facts must be "prought to the attention of the court by an information duly vyerified, after which a rule must be served upon the person -charged, requiring him to show cause why he should nst 'be punished for the acts charged. If found guilty the person charged «may be fined or imprisoned, or both.

WITNESS FAILING TO APPEAR. - A witness duly served -with notice and failing to appear may be proceeded against by

WHO MAY MARRY. . - Marriage is deelared to be a civil con: tract, into which males, of the age of eighteen and females of wthe age of sixteen, not nearer of kin than second cousins, and-

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POLICY OF THE LAW. - It is the policy of the law to up- hold marriages; and the presumption in favor of marriage and -of the legitimacy of children is one of the strongest known to the

VOID MARRIAGES. - The following marriages are declared void: (1) When either party had a wife or husband living at tthe time of such marriage; (2) When one of the parties is a white cee and the cther is possessed of one-eighth or more -of negro bicod; (8) When either party ts insane or idiotic at the time of ae marriage.

WHEN CHILDREN LEGITIMATE. - The children of persons 'who in good faith enter into void marriages are legitimate.

WHO MAY SOLIGEMNIZ&. - Marriages may: be solemnized by ministers and priests of every church, judges of courts, justices -of the peace, and by the societies of Friends and German Bap- tists, according to the rule of their societies; but no marriage, legal in other respects, will be vcid on account of the Incapacity -of the person solemnizing the same, although. the person so acting may be punished by fine and imprisonment.

LICENSE. - Before any marriage sha!l be solemnized, except in case of the society of Friends, a license therefor must be pro- -cured from the clerk uf the circuit court. In case the woman is less than eighteen or the man less than twenty-one years of -age, no license shail issue without the consent of the parent -or guardian, if there be any. No marriage shall be void or void- able for want of license or other formality required by law, if either of tke parties at the time believed it to be legal.

MARRIAGE OF APPRENTICE. - If a female apprentice 'marry such marriage will annul her. indentures.

FAILURE TO RETURN MARRIAGE. - One who solemnizes a marriage and fails to return to the clerk a certificate thereof, with the license, is subject to indictment and fine.

unmarried woman is appointed executrix or administratrix: and afterwards marry, and her husband fail to file his consent to her -ccotinuing in such trust, she may be removed.

TESTATRIX MARRYING. - After the maxing of 'a will by an unmarried woman, if she shall marry, such wees Nene be

RESTRAINT OF MARRIAGE. - A devise or peauaxt' tu a ie -with a condition in restraint of marriage, will" pated, but «the weondition will be void. Bile Seen Pn

REGISTRATION. - The state board of health is given super- 'vision of the registration of births, deaths, and marriages.

MARRIAGE VOIDABLE. - When either of the parties to a marriage is incapable, from want of age or understanding, of contracting such marriage, the same may be declared void, on application of the incapable party; but the children begotten before the annulment of the marriage will be legitimate.

CAUSES FOR DIVORCE. - Divorces may be declared on ap-_ plication of the injured party, for the following=causes: (1) Adultery, except when the offense has been committed with the connivance or consent of the party seeking the divorce, or when the party seeking the divorce has condoned the offense, or when such party has also been guilty of the same offense. (2.) Im- potency existing at the time of the marriage. (3.) Abandon- ment for two years. (4.) Cruel and inhuman treatment of either party by the other. (5.) Habitual drunkenness of either party. (6.) The failure of the husband to make reasonable provision for his family for two years. .(7.) The conviction, after the marriage, of either party, of an infamous crime.

RESIDENCE OF PLAINTIFF. - Before an action for aivorce may be instituted it must appear that tne plaintiff has been a resident of the state for two years and cf the county for six months. This must be shown by the affidavit of the plaintiff, and must be proved at the trial by the evidence of two resident. freeholders and householders of the state.

ALIMONY. - In case a divorce is granted the court will make: such decree for alimony in favor of the wife as the circum- stances show to be just and proper.

RIGHTS AS TO REALTY. - A divorce granted for miscon- duct of the husband will entitle the wife to the same rights, | so far as her own real estate is concerned, that she wou'd have been entitled to by his death. A like rule obtains in favor of the husband, as to his cwn real estate, in case a divorce is granted. to him for misconduct of his wife.

EFFECT OF DIVORCE. - A divorce is granted only to the injured party, but the effect of the decree is to ful!y dissolve the marriage contract as to both. All property rights of the parties- are concluded by the decree.

CUSTOBY OF CHILDREN. - The court in its deeree will make provision for the custody, support, and education of tha: minor children.

NON-RESIDENT DEFENDANT. - A party against whom a. _fecree of divorce or alimony has been rendered, without other

notice than publication in a newspaper, may, at any time withitm two years, have the decree opened and be allowed to defen. and until the expiration of said two years it will not be lawfu® for the other party to marry again.

DIVORCE IN ANOTHER STATE. - A divorce granted in any other state, by a court having jurisdiction, will be given 7m effect in this state. °

ACTION FOR. - One having an interest in land and a righk® to its possession, may recover the same in an action against t2e tenant in possession or the person claiming title or some interes? in the land.

PLAINTIFF TO SHOW TITLE. - The plaintiff must reeovar,, if at all, on the strength of his own title, and not on the weak- ness of the defendant's title.

DAMAGES AND SET-OFF. - When the plaintiff is entitle® to damages for withholding, using or injuring the property, the: defendant may set off the value of any permanent improverments- made by him; or, in case the plaintiff refuses to take the prop- erty and pay the value of the improvements and taxes, less: rents, profits, and damages, the defendant, as occupying ¢elatm- ant, may himself take the property and pay the value of the land, less the improvements.

QUIET TiTLE. - One who claims title to real estate, whethe:: in possession or not, may bring an action to quiet his title agataxsts another who claims adverse title to or interest in the property.

NEW TRIAL. - In addition to the right to ask a new trials for cause, as in other cases, the person against whom judgmarny jis rendered in an action for possession of or to queit title te read. estate may, within one year, without cause assigned, ask Sas and be awarded a new trial as of right in relation. to the 21> to such real estate.

WHEN MADE. - When default is made in any condéitiom contained in a mortgage on lands the mortgagee or his assigns may proceed, in the proper court of the county where the tang" lies, to foreclose such mortgage and sell the Jand to: pay the dete seeured thereby.

PARTIES. - In a proceeding by the holder of a miceaee Ids foreclose the same, it will be sufficient to make the owner oi the land a party; but if there was a promise to pay the Gebeé secured, and a personal judgment is desired against such prom- isor, he must also be made a party. All persons who hola em

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claim to hold any lien on the mortgaged land are proper parttes to the action; and if such incumbrancers are not made parties their rights will not be aifected _ by the judgment.

SATISFACTION. - When a mortgage debt is paid, or the con- ditions of the mortgage otherwise complied with, the holéer cf the mortgage may be compelled to enter satisfaction on the recoré in the recorder's office. In case of the foreclosure of the mort- gage and payment of the judgment the clerk of the court will enter such satisfaction.

PERSONAL JUDGMENT. - In case any party to the fore- closure suit is liable upon any agreement to pay the debt se- cured by the mortgage, the mortgaged property will bo first sold and the proceeds epplied on the judgment. Any balance un- paid may then be collected from the party so personally liable. The payment of the debt any time before the property is seld will satisfy the judgment.

REDEMPTION. - The owner is entitled to occupy the prem- ises sold for one year; and, during this time, such owner cr any one claiming under hii may redeem from such sale by paying the amount due on the sale and eight per cent interest. Such redemption operates as a vacation of the sale, and renders the land liable for other debts of the owner. In the absence of re- demption by the owner or his grantee any junior mortgagee or other lien-holder may redeem from the sale by paying to the clerk the amount for which the land sold, with interest as above.

WHO MAY HAVE WRIT. - Every person restrained of his liberty, under any pretense whatever, may prosecute a writ of habeas corpus, before a judge of the county, to inquire into the cause of the restraint, and shall be delivered therefrom when illegal. Re WHEN NO DISCHARGE. - No court or judge will inquire into the legality of any judgment or process whereby the party is» in his custody, or discharge him when the term of commitment : has not expired, in any of the cases following: (1.) Upon pro- cess issued by any court or judge of the United States, where the court or judge has exclusive jurisdiction. (2.) Upon any process issued on any final judgment of a court of competent jurisdiction. (3.) For any contempt of any court, officer, or body having authority to commit; (but an order of commitment, as for contempt, upon proceedings to 'enforce the remedy of a party, is not included in any of the foregoing specifications.). 4. Upon

@. warrant issued from the circuit court upon an indictment or WRiT TO LET TO BAIL. le writ of habeas corpus may be 'Ga for the purpose of letting a prisouer to bail in civil and

WHEN FILED. - An information, in the nature of a quo war- wamfoa, may be filed against any person or corporation in tha fol. E@mimgs cases: (1.) When any person shall usurp, intrude into or "miawiuliy hold or exercise any public office or any franchise within this state or any office in any corporation created by the muthority of this state. (2.) When any public officer shall Avrawe done or suffered any act which, by provisions of law, shall "wart a forfeiture of his office. (3.) When any asseciativm or 'quer of perscns shall act, within this state, as a corporation, witheut being legaily incorporated. (4.) When any corporation: @eoes or cmits acts which amount to a surrender or a forfeiture @€ ifs rights and privileges as a corporation, or when it exercises: @eowers not conferred by law. f8BY WHOM FILED. - The information may be filed by the Wrosecuting attorney, upon his own relation, or by any other per- ear on his own relation, whenever he claims an interest in the efice, franchise, or corporation, which is the subject of the in-

_ ©F WHAT TO CONSIST. - The information will consist of a Giainm sftafement of the facts which constitute the grounds of the Eyroceeding, addressed to the court. :

CCONTEST FOR OFFICE. - In every case contesting the right ee an office, judgment will be rendered upon the rights of the qrertics, and for damages, if any. The court may enforce its or- @ex' by attachment and imprisonment.

QUSTER OR FORFEITURE. - In case the facts stated in the @mformaticn are found to be trve the court will give judgment agamsst Che defendant, and exclude him from the office, franchise, = carporate rights; (and, in case of a corporation, that the same: weet Ge dissolved.) If judgment be rendered against a corpora-.- tzez, or against persons claiming to be a corporation, the court "e%i cestrain the corporation, appoint a receiver of its property, @armdi siake proper distribution. ~

¢ WHO MAY GRANT. - Restraining orders and injunctions eneg Go granted by the supreme or appellate court ia term-time @e Gy any judge thereof in.vacation, when necessary for the due

sexercise of the jurisdiction of such court; cand by the circuit 'courts in any county of their respective circuits in term-tfme, or 'by the judge in vacation. In case of the absence, sickness, or -other incompetency of a circuit judge, then any judge of an ad- joining circuit may grant temporary injunctions or restraining orders; but in such case the regular judge will determine whether the injunction shall ke made permanent. Like powers may be exercised by judges of supericr courts.

WHEN GRANTED. - Injuncticns, in general, are granted -when necessary to protect property rights, and are at first usually 'temporary in enaracter. Afterwards, when the matter is fully -examined, the injunction may be-either dissolved or made per- manent, as justice may require.

WHO BOUND. - Except in case of emergency, notice cf appli- -eation for injuncticn must be given to the parties to be affected; -and the injunction will bind every one restrained from the time "he is informed thereof.

OBJECTS CF WRITS. - Writs of mandate are issued to an in- 'ferior tribunal, ccrporaticn, bcard, or person, commanding the per- formance of scme.act required by law. Writs cf prohibition are 'issued in like manner to forbid the doing of forbidden acts. In- 'Junction usually serves the purpcese of prohibition.

WHO MAY COMP#HL. - Any person holding lands as joint stenant or tenant in common, may compel partition ameng the sey- eral owners. Administrators may have partition when jt ig nes- -essary for them to seil lands of their decedents.

WHEN LANDS MAY BE SOLD. - When it appears that the vYland can not be divided without damage to the owner, the eourt -will order the sare to he soid and the proceeds divided.

NOTICE TO CRE!'!.OR. - Any person bcund as surety upon -any contract in writing i.+ the payment of money or the perform- -ance of any act, when the right of action has accrued, may, by 'notice in writing, require the creditor to bring action upor the -contract; and if the creditor does not do so within a reasonable 'time the surety will be discharged from ali liability.

TRIAL OF SURETYSHIP. - When an action is brought upon contract against two or more defendants, any one or more ef them 'being surety for the others may have the question of such surety -determined either at or before or after the trial; and if the finding 'be in favor of such suretyship the sheriff will be ordered to,first-

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"levy upon the property of the principal before selling the property -of the surety in satisfaction of the debt. Such trial of suretyship, Mhowever, will not affect the right cf the creditor to judgment against all the defendants.

JUDGMENT KEPT ALIVE FOR SURETY. - In case a surety 'ds compelled to pay a judgment, such judgment will not be dis- -charged, but will be kept alive for the benefit of the surety. Co- -sureties may a!so enforce contribution from other sureties who "have not paid their share of the judgment. -

DEFECTIVE BOND.--No official bond given ae a principal -and surety, nor any bond taken by an officer, will be void by rea- »-son of any defect or informality; but principal and surety will be "Hound to the fuil extent contemplated by the law.

WHEN APPCINTED. - On notice to those interested, and in case of emergency without notice, a receiver to take possession of ~property may be appcinted by the court, or the judge thereof in "vacation, in the following cases: (1.) In action by a vendor to -vacate a fraudulent purchase cf property, or by a creditor to sub- _iect any property or fund to his claims. (2.) In an action between partners, or persons jointly interested in any property. (3.) In actions where it is shown that the property, fund, or rents and profits, in controversy, are in danger of being lost, removed, cr ~materially injured. (4.) In actions by a mortgagee for the fore- ~elosure of a mortgage and the sale of the mortgaged property, where it appears that such property is in danger of being lost, re- - moved, or materially injured, or when such property is not suffi- ~cient to discharge ihe mcrtgage debt, in order to apply the renis and profits to the paym~~t of such debts. (5.) When a corpora- -tion*has been Cissolved _r is insolvent, or is in imminent danger "of insolvency, or kas 2vurfe:ted its corporate rights. (6.) To pro- tect or preserve during the time allowed for redemption, any real -estate or interest therein soid on execution or order cf sate, and to -secure to the person entitled thereto the rents and profits thereof. (7.) And in such other cases as may be provided by law, or where, -in the discretion of the court, or the judge therecf in vacation, it may be necessary to secure ample justice to the parties.

POWERS. - The receiver, under control of the court or the _judge thereof in vacation, will have power to bring and defend ac- tions, take and keep possession of the property, to receive rents, collect debts, and generally to do such acts.respecting the property ~as the court or judge may authorize. - ' Poot x

CITY ADVERTISING. - In cities containing a population of 10,000 or over, according to the last preceding United States cen- sus, all begal publications relating to the affairs of the city gov- ernment must be made in a daily newspaper of general circulation, if one be published in sueh city. The publication must likewise be in a daily newspaper in case of application for liquor license and for the sate of lands for taxes, or by an administrator, sheriff, or commissioner, when the applicant for license resides in or the land is situated in the city.

COMPUTATION OF TIME. - The time within which an act is to be done, as provided in these statutes, shall be computed by excluding the first day and including the Inst. But if the last day be Sunday, it will be also excluded.

MONEY INSTEAD Of BAIL. - Any person required to give bail may deposit with the clerk the amcunt of money for which he is required to give bail, and thereupon be discharged from ar-

SUPREME COURT. - The supreme court consists of five judges; it has jurisdiction in appeals from the inferior courts of the state.

TERMS. - There are two terms of the supreme court in eacm year, the first beginning on the 4th Monday in May, and the sec- ond on the 4th Monday in November.

APPELLATE COURT. - The appellate court also consists oF five judges. This court has jurisdiction of appeals in certaim enumerated cases, of less importance than those appealed to the supreme court. Where the appellate court is given jurisdiction its decisions are final. There is no appeal fram this court to the supreme court. The terms of court are the same as those of the supreme court.

OPINTONS. - The judges of the supreme, and also of the ap- pellate, court hand down their cecisions in the form of writte., Opinions, which are thew published. The decisions of the supreme court so published are binding cn all the courts of the state, in- eluding the appellate court, as the law upon the questions s¢

CIRCUIT COURTS. - A circuit consists of one or more coun- ties, and a judge is elected in each circuit. The circuit court hag¢ original exclusive jurisdiction of all cases at law and in equity, as also criminal cases, except where exclusive or concurrent jur- isdiction is conferred on justices of the peace or other courts.

OATHS; CONTEMPTS. - Circuit courts have authority te

administer all necessary oaths, and punish by fine and fmpris-

onment all contempts of their authority. RULES. - Circuit courts may adopt rules for conducting the

business of the courts, provided such rules are not repugnant to the laws of the state, and conform to the rules of the supreme court on the same subject.

SUPERIOR COURTS. - Superior courts are established in certain of the more populous counties, to relieve the circuit courts in such counties of excessive business. The jurisdiction, powers and duties of superior courts are quite similar to those of circuit

CRIMINAL COURTS. Criminal courts are created by the Jegislature in certain populous counties for the trial of viola- tions of the criminal laws of the state.

APPEALS. - Appeals, in general, may be taken from the final judgment of any circuit, superior, or criminal court, to the su- preme or the appellate court.

CONTINUING TERM; ADJOURNED TERM. - If at the expi- ration of the term of any court, as fixed by law, a trial is in pro- grees, such court may continue its session until the completion of the trial. Adjourned terms may also be held, on publication of notice thereof, for the completion of business undisposed of at the regular term.

SPECIAL JUDGE. - In the absence of the judge, the sheriff may adjourn court from day to day; and in certain cases the county officers named in the statute may select a judge to preside during such absence. Special judges may also be appointed by the regular judges, in case of change of venue, and other cases provided in the statutes. Such special judges have, in general, the same powers as regular judges; but they can not appoint other special judges.

JURY COMMISSIONERS. - The circuit court in each county is required to select two commissioners, of opposite politics, who, from the names on the tax duplicate, select and place in a box the names of persons to act as grand and petit jurors. From this box are drawn the names of jurors needed at each term of court. To be qualified as a juror, a person must be a resident voter of the county and a freeholder or householder.

NUMBER. - The number of justices of the peacein each town- ship is regulated by the boards of county commissioners; but there may not be more than three in each township, and one additional for each town and two additional for each city in the township

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BOND. - The bond of the justice is fixed by the clerk of the eircuit court, not less than two nor more than six thousand dcllars. ® DOCKETS, ETC.; WHERE FILED. - Whenever the "ice of any justice becomes vacant, all dockets, papers, and booh., whieh come into his hands by virtue of his office, must be delivered to: his successor; and if there be no successor then to the nearest jus- tice of the peace in the township; and if there be none in the township then to the nearest in the county. So, if a justice ab- sents himself for more than thirty days from his township, he must deposit his dockets, books, and papers, with such nearest

JURISDICTION;. PLACE. - The jurisdiction of justices im civil cases is, unless otherwise provided by law, limited to their respective townships. If there is no justice in a township, the nearest justice in an adjoining township has jurisdiction.

AMOUNT. - Justices have jurisdiction to try suits on contract or in tort where the debt or damage claimed does not exceed two hundred dollars, but the defendant may confess judgment in 2 Sum not exceeding three hundred dci'lars.

WHERE NO JURISDICTION. - Justices have no jurisdiction. in actions for slander, malicious prosecution, breach of marriage: contract, nor where title to land is involved, or where the justice: is related by blood or marriage to either party.

OATHS; SUBPENAS: ATTACHMENTS. - Justices have jur - isdiction throughout the county to administer oaths and to issue subpenas and attachments for contempt in any matter pending. before them.

SPECIAT, CONSTABLE. - Whenever there is no constable con- venient the justice may appoint a constab!e to serve in a partieu- lar case; but the justice will be liable on his bond for the acis. of such constable. :

JURISDICTION; PERSON. - No person who is a resident of - any township in the stats shall be sued out of such township, unless such suit is commenced by capias, except in certain special' cases. Wire

SEVERAL DEFENDANTS - When there is more than one defendant, and they reside in different townships, suit may be- brought in one of such townships; but an action brought by the assignee of a claim arising out of contract must be commence@: where"one of the parties immediately liable resides. Where: fefendants reside in different counties, and the action is on @& Written obligation executed by more than one of them, summons:

may issue to any constable of the state where any of the parties

TRESPASS. - Suits for trespass may be brought in the town- ship where the defendant resides or that where the trespass was committed, and process served throughout the county.

/'TTACHMENT. - In attachment proceedings the jurisdiction of tne justice is coextensive with the county.

SEMI-ANNUAL REPORT. - Justices shall report and pay over to the county treasurer, on the first Monday in January and the first Monday in July, each year, and also at the close of their . 'term of office, all fines collected by them. But in case the semi- 'annual fines do not exceed three times the amount the justice would be entitled to draw as mileage for traveling to the county eat, he will report in writing and retain the fines until the next

SECURITY FOR COSTS. - Justices will require a bond for costs from plaintiffs residing out of the county.

SUMMONS. - Except as otherwise provided, summons will f{ssue on the bringing of a suit, returnable not less than three nor more than thirty days; but summons must be served at least three days before trial.

PRACTICH. - The practice in a justice court, when not other- 'wise provided, is the same as in the circuit court.

ANSWER. - AIl matter of defense, except the statute of limita- 'tions, set-off, and in abatement, may be given in evidence without plea. Matter in rbatement must be pleaded under oath; so also the denial of the execution of a written instrument.

CHANGE OF VENUE. - Changes of venue must be granted 'at any time before the beginning of trial, when affidavit is filed, stating: (1) That the justice is a material witness for either _ party; (2) That the justice is biased and prejudiced, or inter- ested; (3) That the party can nut have a fair trial in the town- ship by reason of interest, bias, and prejudice of the citizens. If the change is granted for the first or second cause, the case will be 'sent to some other competent justice of the township. If there 'be no competent justice in the township, or if the change is granted for the third cause, the case will be sent to a justice of an adjoining township. y

COSTS. - If the defendant takes a change of venue he must first pay all accrued costs and also the costs of the change.

TRANSCRIPT AND PAPERS. - The papers in the case and a transcript of the proceedings will at once be sent to the justice to whom the case is sent, and he will proceed as if the case had.

been originally brought by him, except that the summons for the defendant already issued by the first justice is all that is required.

"WITNESS FEES. - Witnesses from another county may de- mand their fees before being obliged to attend trial before a justice of the peace. Such fees are one dollar per day, and five cents mileage. The party subpenaing more than three witnesses to'testify to the same fact ina civil case, must pay the cost of all over three. :

JURORS. - The case wil be tried by the justice unless either party demand a jury. A jury shall consist of six qualified voters of the township; but a less number may be agreed to. Hither party may challenge jurors for cause, or may peremptorily chal- lenge half the jury. The pay of jurors is one dollar per day, and five cents mileage.

DEFAULT. - If the defendant, being legally summoned, fail _to appear, judgment may be entered against him, upon proof, for the amount of the plaintiff's claim. Such judgment by default may be set aside on motion at any time within ten days on pay- ment of all costs, the defendant first filing his affidavit showing a good defense to the action.

APPEAL. - Any perscn may apreal from the judgment of any justice to the circuit court of the county within thirty days, on filing a bond with the justice. Such cause will stand for trial in the circuit court whenever the transcript and papers have been filed ten days before the first day of a term of the cireuit court. The trial in the circuit court will be under the same rules as pre- scribed for -trials before justices. Appeals may be taken after thirty days when the party seeking the appeal has been prevented from taking the same by circumstances beyond his control.

COSTS. - Costs on apreal will follow judgment, except: (1) If either party against whom judgment has been rendered appeal, and reduce the judgment five dollars cr more, he will recover his costs in the circuit court, when the appellant appeared before the justice; (2) If either party in whcse favor judgment has been rendered appeal, and do not recover at least five dollars more than he recovered before the justice, the other party will recover his costs in the circuit court. Unless the plaintiff recover in the cir- cuit court the defendant will recover all costs.

EXECUTION AFTER THREE YEARS. - When a judgment remains without issue of execution thereon for three years, no execution shall thereafter issue without affidavit filed, showing that the judgment or some part thereof, is unsatisfied and the

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STAY OF EXECUTION. - In all cases where stay of executios: {gs not prohibited by law, the judgment defendant will have stay of execution by entering replevin bail on the docket. If the judgment, exclusive of costs, do not exceed six dollars, the stay will be for thirty days; over six and under twelve dollars, sixty days; over twelve and under twenty dollars, ninety days; over twenty and under forty dollars, one hundred and twenty days; over forty and under seventy-five dollars, one hundred and fifty' days; over seventy-five dollars, one hundred and eighty days.

WHEN STAY NOT ALLOWED. - No stay of execution or ap- praisement of property will be allowed in the following cases: (1.) On judgment against cfficials for viol-tion of any duty con-- - nected with their office or trust. (2.) On judgment on any official: bond or bonds given for the discharge of the cuties of a trust, as. to the principal on the bond. (3.) On any judgment fer money received in trust. (4.) On judgment against a corporation, other than municipal. (5.) On judgment con forfeited delivery bend.

NEW BAIL. - Should any replevin bail make affidavit that he- is apprehensive that he may be made liabie on the jucgment if ex- ecution be further delayed ,the justice will notify the defendant. to give new bail, or that execution will issue in three days. _ |

JUDGMENT FOR USE OF BAIL. - If any replevin bail pays: the judgment or a part of it, the judgment will not thereby become: satisfied, but remain in full effect for the use of such bail.

DEATH OF PARTY. - If defendant die after levy of execution,. but before sale, the property will be sold as if he were living; but: if defendant die before levy, the execution will be returned, an# the lien divested. In case plaintiff die afier issue of execution,. the same will be executed and returned. as if he were living.

SALES. - Sales on executicn will be made at public auction in the township where the goods were seized, between the hours: of 10 o'clock in the forenoon and 5 o'clock in the afternoon, tem: days' notice of the time and place being first given.

CLAIM TO PROPERTY SEIZED. - On verified complaint by any person that property levied on belongs to him, all proceed@- ings under the execution will be suspended until the title to the property is determined by the justice.

NOTICE TO ASSERT CLAIM. - When any officer has seized property on execution and has doubt whether some one other than. the execution defendant is not the owner, he may give written notice to such other person to begin proceedings to make claim to the property - within twenty days. Should such other person not. bring his action in twenty days, if within the state when he

receives the notice, or in forty. days if then without the state, his action will be barred.

REPLEVIN OF GOODS. - Any person whose goods to the

vyaiue of two hundred dollars are unlawfully detained may recover them in suit before a justice cf the peace. The writ of replevin may be served anywhere within the county.

CAPIAS AD RESPONDENDUM. - One who has a legal de- mand due and owing, by a person in or about to come into the county, but who is about to leave the state or the county, taking _ with him property subject to execution with which such demand might be paid, with intent to defraud his creditors, may have a writ issued against such person, returnable forthwith; and the debtor will be at once arrested and brought before the justice for trial, which he may insist snall not be delayed more thau twenty-four hours.

CAPIAS AD SATISFACIENDUM. - Should it be shown by affidavit that the debtor fraudulertly conceals, removes, or trans- fers, his property subject to execution with intent to defraud, or that he fraudulently withholds money, etc., with which the cred- itor's judgment might be paid, he may be arrested, and if the finding be against him he may be imprisoned in the jail until discharged according to law.

FELONIES AND MISDEMEANORS. - AlIl crimes and public offenses which may be punished by death or imprisonment in the state prison are denominated.felonies; and all other offenses against the criminal law are denominated misdemeanors. The prosecution is in the county having jurisdiction; and that, in general, is in the county where the act was committed.

NON-RESIDENT, BY AGENT. - One without the state who commits an act by an agent, or by means, within the state, may be punished as if in the state. A like rule obtains where one within the state aids in the commission of a crime without the state.

ON THE WATER. - When an offense is committed in this state, or on the boundary, while the offender is on board a vessel on a Fiver or other body of water, the jurisdiction is in any county within which or opposite which the offense was committed. If it is doubtful which of two counties is opposite the place of the crime on the Ohio or Wabash river, where such river is the boundary of the state, the offense may be prosecuted in either eounty. Se

- IN TWO OR MORE. COUNTIES. - When. an..offense.is com-.

mitted 'partly in 'one county and partly in another, the jurisdiction

#s in either. So when property ts unlawfully taken in one county and brought into another. An accessory may be punished where his own act was committed, or in the county where the principal offense was committed. lf a mortal wound is inflicted or poison administered in one county and death ensue in another, either county will have jurisdiction. Kidnaping, enticing femates for immoral purposes, or decoying children from their parents, are 'Subject to the like rula When the offense is committed on the boundary between two counties, or so near thereto that it is un- certain on which side of the line it was done, the prosecution may be in either county. Prosecutions for transporting game may be had in any county where the game is received or into which it comes. Libel may be punished in any county where the libel is

ANOTHER STATE. - When the act charged is within the jurisdiction of another state, as well as within that of this state, a conviction or acquittal in the former state is a bar to a prose- cution in this state. The receiver of goods stolen in another eounty or state may be prosecuted in any county where he re- ceived the stolen goods. Whoever, with fire-arms, or by sending poison or other things, kills or injures a person who dies, in another county or state, may be punished in the county where he was at the time of his act. Treason commenced in this state and consummated in ancther state may be punished in the eounty where the treasonable acts were commenced.

LIMITATIONS OF ACTIONS. - Prosecutions. for treason, murder, arson,.and kidnaping, may be commenced at any time after the commission of the offense; for incest, rape, robbery, grand larceny, receiving stolen goods, within five years; for dese- cration of the Sabbath, six months; for offenses where the penalty can not exceed a fine of three dollars, sixty days; in all other cases, two years. Where the offender is absent from the artate, or so conceals himself that proc2ss can not be served upon him, or where he conceals the fact of ihe crime, the time of absemee or concealment will net be included in computing the period of lim-

REQUISITION ON GOVERNOR. - Upon the demand ef the executive authority of another state, the governor will, ia preper case, issue his warrant for the arrest of any fugitive fram justice, whereupon the fugitive will be examined by the proper cireuit or criminal judge, who, if satisfied of his identity, wii ordre? Jolna to be turned ever to the agent of the state making the denrand.

'SURETY OF THE' PEACE: - Whern complaint is made on oath

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efore any justice of the peace, that the complainant has just ause to fear, and does fear, that another will destroy or injure his property, or injure, by violenge, himself or some member of | nis family, or his ward, and that he makes such affidavit only to psecure the protection of the law and not from anger or malice, the | justice will issue-his warrant and cause the person complained of |to be brought before him. {ff the justice or jury trying the case 'find that the complaining witness had, at the time of making the )-affidavit, just grounds to entertain the fear expressed therein, the justice will recognize the defendant to the circuit court. If that court find in like manner then tke defendant will be required to give bond, in such amount aul for such time as the court shall 'determine, conditioned that he will keep the peace, in default of "wwhich he shall be committed to jail. | _ SEARCH WARRANT. - On affidavit filed, particularly de- scribing the premises and the things therein concealed, justices of the peace may issue search warrants to search for stolen prop- -erty, forged or counterfeit coin, gaming tables, and other articles \ikept or concealed in violation of law. On seizure of the articles they will be turned over to the skeriff to be kept until the offender is tried and convicted or acquitted. On conviction of the offender, 'the articles recognized as property will, under order of the court, ibe turned over to the owners, and those used for unlawful pur- 3 TRIALS. - Any justice, on complaint made befor: him under Meath, charging any person with the commission of any felony or / Misdemeanor will issue his warrant for the arrest of such person. at en examinaticn the justice is of opinion that the accused "should be held to answer a charge of felory, he will bind him over "to the circuit court or criminal court. If the charge is for a mis- "demeancr the defendart will be tried before the justice, unless it 'should appear that the offerse merits a punishment greater than "Me justice is authcrized to assess, when the accused shall in like "Manner be bound over to the court for trial. JURISDICTION OF JUSTICES. - The jurisdiction of justices "an criminal cases is coextensive with the county. 'They have ex- "elusive original jurisdiction where the fine can not exceed three Sdollars, and concurrent jurisdiction with the circuit or criminal Meourt in cese of misdemeanors punishab'e by 'ine only, limited to Mwenty-five dollars. They have no power to adjudge imprison- 'wment as a part of the punishment, except as express:y provided By Zaw. :

any offense is made punishable by the statute, such offense is- not' punishable by city or town ordinance.

APPEAL FROM JUSTICE. - Any person convicted before 2 justice of the peace may, on entering into a recognizance, appeal within ten days to the circuit or criminal court of the county, and: such appeal will stay all proceedings against him.

THE GRAND JURY. - The grand jury consists of six per sons, who must be resident voters of the county and either free- holders or householders. It is made the duty of the court to: plainly instruct the jury as ta their duties and to give them such: information as may be prop¢r in relation to charges: and crimes- returned into court or likely '"o come before the grand jury. The jury must inquire: (1)-Into the case of every person imprisoned: in the county jail on a criminal charge, and not indicted; (2) Into- the ease of every person under bail to answer a criminal charge, and not indicted; (3) Into misconduct of public officers; (4). Into the condition and management of prisons and poor houses; (5) Itito violations of the criminui laws of the state generally.

The prosecuting attorney or his deputy is allowed to be pres- ent before the grand jury, to give advice on legal matters and to: interrogate witnesses; but neither the prosecuting attorney nor 'any one else may be with the jury when they are expressing their opinions or voting on any matter before them. It is not lawful for a grand juror to disclose any of the proceedings before the jury,,. except when-called as a witness in court. It is also made a con- tempt of court for any official to disclose the finding of an indict-

"ment before the defendant has been arrested. ;

INDICTMENT AND INFORMATIGN. - At least five of the- grand jurors must concur in the finding cf an indictment; and when so found it must be signed by vhe prosecuting attorney. The indietment must also be indorsed by the foreman, "A true bill," and he must subscribe his name thereon as fereman, and this even, if he should not concur with the other five jurors in finding the in-

NOLLE PROSEQUI. - No indictment may be non prosse@ or information by the prosecutor dismissed, except by order of court on written motion by the prosecuting attorney.

THE INFORMATION. - An information is the official state- ment made to the court by the prosecuting attorney, based on affi- davit filed before him, that some person named has been guilty of a designated felony or misdemeanor. All public offenses? except treason and murder, may be prosecuted by affidavit and informa- tion i the following cases: (1) When the person charged ig ip

custody or on bail, and the court in session but the grand jump not in session. (2.) When an indictment has pbeen quashed, ami the grand jury for the term has been discharged. (3.) When wm cause has been appealed to the supreme court, and reverse@ om account of a defect in the indictment. (4.) When a public cffemere has been committed, and the party is not already under indictrmes:: therefor, and the court is in session but the grand jury has been discharged. (5.) Whenever, either in term or in vacation wf court, an affidavit is filed show:ng the commission of a misdée- meanor not within the exclusive jurisdiction of a justice of the

WARRANT. - When an indictment is found the court may direct the clerk to issue a warrant for the arrest of the persrm charged, returnable forthwith. lf no order is made, the clerks wiz issue such warrants within ten days after the close of ths teven., Warrants upon informations must be issued at once. Warramts may be issued to different counties at the same time. The jue, or, in his absence, the clerk, may fix the amount of bail to be tale by the sheriff. Money may be deposited with the clerk in lien wf bail. When an indictment is returned or information filed agairest a corporation, a writ of summons, returnable in ten days, ig

ARREST. - An arrest is made by an actual restraint of * Gite person of the defendant, but he is to be restrained no further t®mma necessary. The officer must inform the defendant that he zets under authority of a warrant, and must show the warrant if re~ quired. If, after notice of the intention to arrest, the defen@ank either flee or resist, the officer may use all necessary. means tp effect the arrest. The arrest may be made at any time, @ayr ar night. To make an arrest, or to retake am escaped person, the officer, after notice of his purpose, may break open any door wr window. Every person, when called upon dy am officer, muzn aid in making an arrest.

TRIAL. - The trial of a criminal case is, in general, conduetea in the same manner as trials in civil cases, with exceptions whith, it fis not necessary here to set out. |

TREASON. - Treason consists in levying war against the state, or knowingly adhering to its enemies and giving them rid ana comfort. The punishment is death or imprisonment for lif, Misprision of treason is wilfully omitting or refusing to give im- formation of treason; the punishment is imprisonment not em- ceeding twenty-one years, and a fine not exceeding ten thousamsé

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« MURDER IN THE FIRST DEGREE. - Whoever Dienst y aaa with premeditated malice, or in the perpetration of or attempx Zep perpetrate, any rape, arson, robbery, or burglary, or by administes ing poison or causing the same to be done, kills any human being, is guilty of murder in the first degree, and, upon convietiers: thereof, shall suffer death or be imprisoned in the state prism: during life, in the discretion of the jury. Killing in a duel is Tr der in the first degree.

MURDER IN THE SECOND DEGREE. Boe carer purpe and maliciously, but without premeditation, kills any fue: being, is guilty of murder in the second degree, and', upom eem - viction thereof, shall be imprisoned in the state prison during: i=.

MANSLAUGHTER. - Whoever unlawfully kills any lus, being without malice, express or implied, either voluntarily upem a sudden heat, or involuntarily, but in the commission of some am - tawful act, is guilty of manslaughter, and, upon conviction thicres® if a male and over thirty years of age, shall be imprisoned im t#= state prison for an indeterminate period not more than twenty-amep years nor less than two years. if less than thirty years of age and over sixteen, the confinement is for a like period in: the Indias,

ASSAULT AND BATTERY, WITH INTENT. - Wheoever pax petrates an assault or an assauJt and battery upon: any. bus being, with intent to commit a felony, shall, upon conviction thereof, if a male and over thirty years of age, be imprisane@ im the state prison for an indeterminate period, not more tham fa= - teen nor less than two years, an-l be fined not exceeding two them sand dollars. If between sixteen and thirty years, the: corfimes- ment is in the reformatory. | ASSAULT. - Whoever, having the present ability to d@ mm unlawfully attempts to commit a violent injury on the persom @& another, is guilty of an assault, and, upon conviction thereof, sitar be fined in any sum not exceeding fifty dollars.

ASSAULT AND BATTERY. - Whoever, in a rude, insofeext, "or angry manner, unlawfully touches another, is guilty of am a=- -gault and battery, and, upon conviction thereof, shall be fined mai "more than one thousand dollars, to which may be added oe rapes onment in the county jail not exceeding six months,

MAYHEM. - Mayhem is the maiming or disfiguring anether. The offense may be committed with or without malice. Malicious mayhem is punishable, according to the age of the offendex, Igp

@uniinement in the state prison or in the reformatory for an inde- €zarminate period, not more than fourteen nor less than two years, gaxi by a fine of not more than two thousand dollars. Simpte wiaybem is punishable by.a fine of from five to two thousand dol- Ears, and imprisonment in the county jeil from twenty days ta

ROBBERY. - Robbery is the forcible and felonious taking from tise person of another of any article of value, either by violence or teu putting in fear. The punishment is confinement, either in the siete prison or in the reformatory, according to age, for an inde- . €zrminate pericd, not more than fourteen nor less than two years, with a fine not exceeding one thousand dollars, and disfranchise-

KIDNAPING. - This offense is punishable by a fine not ex- eeeding five thousand nor less than one hundred dollars, and by Kmaprisonment, either in the state prison or in the reformatory, genording to age, for an indeterminate period not less than two nor mare than fourteen years. Child-stealing, or the concealing of a @clen child, is visited with like punishment.

- RAPE. - This crime is punishable by confinement, either in time state prison or in the reformatory, according to the age of the euilprit, for an indeterminate period not more than twenty-one Wears nor less than one year.

POISONING WITH INTENT TO KILL. - If death does not exmmue, Che act is punishabie by confinement in prison or reforma- texcy for not more than fourteen nor less than: three-years... The

PRESCRIBING MEDICINE. - Whoever, when drunk, pre- exeribes drugs so as to endanger life, will be fined and imprisoned im. the county jail. A like punishment is inflicted for prescribing @ secret medicine.

££ miscarriage or death ensues, is punishable by a fine of from Gey to five hundred dollars, and by confinement in the state prison qr ceformatory for a term not more than fourteen nor less than Cisee years. Any woman soliciting aid to miscarriage, and any Reersen giving such aid, will be punished by fine and jail sentence,

#2 bel to be published, or procures the same to be done, and who- ewer publishes or knowingly aids in publishing or communicating &. die), is guilty of libel, and up9a conviction will be fined not more €%2n ene thousand dollars nor less than five dollars, to which may

be added imprisonment in. the county jail for not more than one year nor less than ten days.

BLACKMAILING. - Whoever, on a threat of personal injury, demands any money or other' thing of value; or whoever accuses another of.any crime or of immoral or other improper conduct * whieh might bring ridicule or disgrace upon the person so accused or threatened, with intent to extort money or other things of value, is guilty. of blackmailing, and on conviction will be punished by confinement in the state prison or reformetory for not more than five years nor less than one year, to which may be added a fine not exceeding one thousand dollars. ;

ARSON. - Whoever wilfully and maliciously burns, or attempts to burn any building, boat, farming implement, bridge, cord-wood, stack of grain, hay, or straw, grain in ground, fence, or material intenced forthe construction of such building, etc., or any tan- bark, tree, timber, or lumber, or any railroad-car or water-tank connected with a railroad, the property so burned or attempted to be burned being of the value of twenty dollars or upwards, and being the property of another, or being insured and the burning, or attempt to burn, being with intent to prejudice or defraud the insurer, is guilty cf arscn, and upon conviction will be confined, either in the state prison or in the reformatory, not more than twenty-cne ycars nor less than cne year, and be fined not exceed~ ing double the value of the 'property burned or attempted to be burned; and should the life of any person be lost thereby, such offender will be deemed guilty of murder in the first degree and Suffer punishment accordingly.

Any pesson who maliciously or wantonly set fire to any woccs er cther thing growing on another's ground, or maliciously or wantonly suffers fire to pass from his own ground so as to in- jure the property of another, will be fined from five to one hundred dollars, and confined in the county jaii not exceeding thirty days.

BURGLARY. - Wheever, in the nignt-time, breaks and enters into any building, railroad-car, or water-craft, with intent to commit felony, is guilty of burglary, and upon conviction will be confined, either in the state prison or in the reformatory, not more than fourteen nor less than two years, and be disfranchised.

If any person, in the day-time or night-time, enters such place with intent to commit a felony he is subject to the same punish- Should any one, in the day-time, break and enter into any such place, with intent to commit larceny, he will be imprisoned in the county jail not more than six months nor less than ten days,

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and fined not exceeding two hundred dollars; and if one, either in day-time or night-time, unlawfully breaks open and enters into a dwelling or other place where a person resides, and commits or attempts to commit any personal abuse, he will be punished in like manner. -

GRAND LARCENY. - Whoever feloniously steals, takes or earries, leads or drives, away the personal goods of another, of

_the value of twenty-five dollars or upwards, is guilty of grand larceny, and upon conviction will be confined, either in the state prison or in the reformatory, not more then fourteen years nor less than one year, fined not exceeding double the value of the goods stolen, and Gisfranchised.

PETIT LARCENY. - The crime of petit larceny does not differ from grand larceny, except that the amount stolen is less than twenty-five dollars, and the punishment is confinement in the prison or refcrmatory from one year to three years, and a fine not exceeding five hundred dollars, with disfranchisement; or the im- prisonment may bein the county jail nct more than one year, with fine and disfranchisement. Upon a second conviction for petit larceny the offender will be punished as tor grand larceny.

STEALING IN ANOTHER STATE. - Wheoever steals goods in another state and brings them into this state, or buys or conceals goods so stolen, will be punished as for larceny.

- RECEIVING STOLEN GOODS. - Whoever buys, receives, con- ceals, or aids in the concealment, of gocds, knowing the same to have been stolen, taken by robbery, embezz!ed, or obtained by false pretenses, will be punished as for larceny.

STHALING RECORDS, DOCUMENTS, ETC. - This offense is visited with prnishment similar to that inflicted for larceny. So also is the unlawful taking of growing fruit, or of other property attached to the soil.

TRESPASS. - One who unlawfully enters upon the tand of another when forbidden, or refuses to depart when ordered, is guilty or trespass, and upon conviction will be fined not less than five nor more than fifty dollars.

EMBEZZLEMENT. - Whoever having the charge or custody of money or property belonging to another, appropriates the same to his own use or the use of some one not the owner, is guilty of embezzlement. The crime may be committed by an officer having control of public money, by employes or clerks having control of moneys or properties of private individuals or corporations;. by by tenants; by administrators, guardians, and other fiduciaries;

and by bankers and brokers. The punishment on conviction varies, but includes confinement, for an indeterminate period, im the state prison or reformatory, according to the age of the cul- prit, with fine and disfranchisement. Where, however, the treas- urer of state, or any county, city or town treasurer, uses money appropriated by law for one purpose to pay a warrant drawn on another fund, the punisument is a jail sentence and fine.

Removing or selling mortgaged goods is also punished by @ jail sentence and fine.

MALICIGUS INJURY TO PROPERTY. - Whoever maliciously or mischievously injures or causes to .be injured any property of another, or any public property, is guilty of malicious trespass, and, upon convicticn, will be fined not more than twofold the amount of the damase done, to which may be added imprisonment in the esunty jai: for not more than twelve menths. Particular Offenscs are: Injuring telegraph or telephone poles or wires; attac:...g public conveyances; running hand-car without author- canal, bridge, etc.; using traction-engine on highway without. proper guard; heavy hauiing at certain times on gravel road; drains; defacing legal advertisements; posting bills on buildings: or fences without consent of owner, except as to legal notices; altering brands or marks on animals, or injuring or killing them; forcibly and unlawfully entering upon or keeping possession of another's land; defacing library books. The punishment varies- according to the nature and degree of the offense.

OFFENSES AGAINST THE PUBLIC PEACE. - These wrongs , are punished variously, from imprisonment in the state prison or reformatory, with fine and disfranchisement, to jail sentence with like fine and disfranchisement, or simple tine, according to the wrong done in each case. Among such offenses are: Unauthor- ized military expeditions; aiding hostile army; privateering or piracy; dueling; prize-fighting; affrays; rioting; provoke; draw- ing or carrying deadly weapons oer furnishing one to a minor; selling dangercus toys; pointing fire-arms towards any person, whether loaded or unleaded; disturbing meetings.

. OFFENSES AGAINST PUBLIC MORALS. - These crimes alsa vary in punishment, according to their nature and the degree of eriminality. Among them are: Bigamy; incest; adultery and fornication; seduction; enticing females to house of ill-fame; keeping house of ill-fame; public indecency, and other like detest-

able offenses; selling, giving, or offering to sell or give, or send- ing through the mail or otherwise, any obscene literature; iprofanity; Sabbath-breaking.

wrongs are: Perjury, or the taking of.a false oath; subornation -of perjury, or the procuring of another to take such false oath; -or the acceptance of money or property in return far concealment of crime; falsely personating anorner; extortins illegal fees; falsely attesting affidavit or acknowledgment; aiding escape of prisoner; obstructing or disobeying legal process; official negli- gence; stirring up quarrels; defalcation in office; breaking quorum in common council or general assembly; sale of school-examina-

OFFENSES AGAINST PUBLIC HEALTH. - Some of these -~wrongs are: Erecting or maintaining a public nuisance; selling wunwholesome provisions; adulteration of food; befouling water.

OFFENSES AGAINST PUBLIC POLICY. - Among these are: Raffling; engaging in lotteries; keeping gaming houses; betting sand pool selling; gambling; allowing minors to play billiards, etc., or giving liquor or tobacco to children; being drunk in public, or selling liquor to drunkards; keeping disorderly house; selling liquor on Sunday; cruelty to animals, keeping them for fighting, or allowing diseased animals abroad; hunting or fishing at for- bidden times; suffering the growth of Canada thistles; overwork- ing or:otherwise abusing children; disclosing telegraph or tele- phone messages; advertising to procure divorces; bringing pauper -into the state; deserting wife or child; begging as a tramp or va- grant; marriage between whites and negroes; conspiring toe «commit felony; instituting prosecutions maliciously and without probable cause; obstructing navigable stream, public drain, or highway; joining persons in marriage without authority, or fail- sing to return certificate of marriage; giving false list of taxables; 'not providing fire-escape for hotels or boarding-houses; not pro- viding out-swinging doors for theatre, church, school, or other 'public building; defrauding creditors of property; running horses or shooting at a mark in towns; sending claims out of the state for collection, in order to defeat the operation of the exemption or other laws of the state; disturbing graves; climbing on cars in motion; obstructing highway with cars, or failing to give signals -O approaching crossings; using. dynamite or other explosives -without the precautions provided by law; interfering with gzs

Are the three R's that have made my business a success. Our store is filled with an Up-To-Date line of general

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connections; unauthorized wearing of badges of secret and mili-

voting; importing voters; bribery, whether for nomination or elections; infiuencing elector to refrain trom voting; refusing to receive legal vote; opening or marking ticket; deceiving voter;.

OFFENSES AGAINST HONEST DEALING. - Giving short weights or measures; cheating by false pretenses or false tokens; presenting false claim; forgery or counterfeiting, or giving out counterfeit money or having possession of counterfeit coins or notes or tounterfeiting apparatus.

RUNNING AT LARGE. - Owners of animals are required to keep them upon their own premises, except as otherwise author- ized by boards of county commissioners.

TAKING UP STOCK.~Any pérson may take up animals run- ning at large and impound them, giving notice to the owner if he knows him and if not by posting. The animal may be sold if the owner is not found. It is the particular duty of road supervisors 'to take up animals running at large. Me

SHEEP-KILLING DOGS. - The owner or harborer of dogs that injure sheep is liable for all damages committed; and any person may Kill any do& found worying sheep. Any run-around dog may likewise be killed, if the owner, after notice, does not keep 'him at home.

INJURING DOG. - On the other hand, any person may be punished for killing or injuring a dog that has been listed for taxation, unless such dog is found committing damage. The owners of sheep killed or maimed by dogs are entitled to com-. pensation from township fund arising from dog tax.

DISEASES. - The body of a tog or other animal dying of: hog-cholera. or ather contagious disease must be burned or securely buried. It is unlawful to bring into the state any cattle infected with Texas fever.

SANITARY COMMISSION. - This commission is appointed by the governor ,on recommendation of the state board of agricui- ture, and its duties are to protect the health of domestic animals, Its powers are ample for this purpose.

The following persons are privileged from arrest on civil pro- cess, and from obeying subpena to testify: (1.) Members of the general assembly, during their attendance and going to and

returning from the sessions. (2.) Voters, while attending, going to, and returning from elections. (3.) County commissioners, during their sessions and gcing to and returning. (4.) Justices of the peace during trials held by them. (5.) Persons attending court, and going to and returning. (6.) The governor, treasurer of state, secretary of state, auditor of state, and superintendent of public instruction

No person may be arrested in any place of worship on Sunday, except in cases specified by law, nor on the Fourth of July. This does not prevent the issue and service of eriminal process and the taking of bail on Sunday. if

ADMISSION TO HOSPITAL. - AIl insane persons having @ residence in the state are entitled to be maintained in the hospital for the insane at the expense of the state; having first been examined before the clerk of the circuit court by two justices of the peace, aided by two reputable physicians and other witnesses.

DISCHARGE. - Patients on becoming cured may be discharged by the superintendent of the haspital. Should any patient apply for it a writ of habeas corpus will issue to try the question of .insanity, and if such patient is found to be of sound mind he wili be discharged from the hospital.

COUNTY BRIDGES. - W/henever in the opinion of the county commissioners the public convenience shall require that a bridge should be repaired or built over any water-course, they will cause Burvey and estimate thereof to be made, and direct the sameto be

APPROPRIATION. - If the estimate therefor exceed the ability of the road district in which such bridge is to be built or repaired, by the application of its ordinary road work and tax, the county commissioners may make = an. . appropriation from the county treasury to build or repair the same. Donations may also be received for such bridge by the county board.

OVER COUNTY BOUNDARY. - 1Two counties may unite in building a bridge over a stream forming the boundary between them. In like manner, two townships may unite in building a bridge over a stream forming a boundary between them.

BRIDGES IN CITIES AND TOWNS. - All bridges the esti- mated cost of which exceeds five hundred dollars, to be built within 'the corporate limits of any city or town, may be built by the wounty commissioners, in the same manner and paid for out of

the same funds that other bridges withcut such corporate limit are built and paid for.

REPAIRS. - It is made the duty of Ronnies commissioners te keep in repair all bridges in the county, except those in cities an® towns; but it has been held that counties are not liable for dara- ages caused by failure to repair such bridges. Cities and towns, however, are liable for damages caused by failure to keep their bridges in repair. Persons wilfully injuring any bridges are liable to damages therefor; and a fine may be collected for riding om driving over a bridge faster than a walk.

EQUAL ACCOMMODATIONS. - AIl persons within the juris=+ diction of the'state are entitled to full and equal enjoyment of the | restaurants, eating-nouses, barber-shops, public conveyances, the- aters, and all other places of public accommodations and amuse- ment, subject only to conditions established by law and applica- ble alike to all citizens.

JURY SERVICE. - No citizen is disqualified to serve as grant or petit juryman on account of race or color.

HOW MADE. - Conveyancees of land or of any interest thereim, except leases for three'years or less, are made by deed in writing... subscribed and acknowledged by the grantor, or his attorney im fact, before a notary public, justice of the peace, or other offic#r authorized to take acknowledgments of deeds. _

HUSBAND AND WIFE. - The joint deed of the husband ans wife will convey the lands of the wife, and also the wife's inchoate interest in the husband's land, provided he is of full age.

ESTATES IN COMMON. - AIl conveyances and devises of lands to two or more persons (except when made to executors or trustees, who hold in joint tenancy, or when made to husband anti wife, who hold by entireties) are construed as creating estates: in common, and not in joint tenancy, unless it shall manifestiw appear from the instrumext that it was intendant to create am estate in joint tenancy.

QUIT-CLAIM. - A deed of release of quit-claim, and a deed) purporting to convey a greater estate than one possesses, wil}: pass all the estate which the grantor could convei. ,

RECORDING. - Deeds and mortgages, also leases for more (than three years, in order to be valid against subsequen? premtees, mortgagees, or lessees in good faith, must be. recorded

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within forty-five days. To be entitled to such record the tnstrm- ment must be acknowledged before the proper officer.

DEf£D BY INFANT. - 1tn all sales sof real estate by an infe&mih such person will not be permitted to' disafirm the sale witheoml restoring the consideration received, in case the infant falsely rep-~- resented himself or herself to be over twenty-one, and the per. chaser believed, and had good reason to believe, suet: representations to be true.

POWER OF ATTORNEY. - A power of attorney to comes lands must be acknowledged and recorded the same as @ de.

LIMITATION OF ESTATE. - The absolute power of disposime: of land will not be suspended by any limitation or condition, exm- - tained in any deed or devise, for a longer period than during a life 'or lives in being at the time of the conveyance or devise, excem® that a contingent remainder in fee may be created on @ prtcxr remainder in fee, to take effect in case the rerson to whom 'tie first remainder is limited shall die, or such first remainder t= otherwise terminated, before he arrives at the age of twenty-cme

RELEASE OF RECORD. - On payment of amount due ex secured on land, the lien securing such amount so due must. t be. released of record by the person holding such lien.

In case of insanity of husband or wife the other may, on eama-~ - pliance with the statutes and orders of court, proceed to mak«#< sale of real estate held by either or both.

oo HP REISS TRUSTS IN LANDS. - No trust concerning lands::. except those arising by implication of law, can be created unlesw* in writing, signed by the party creating the trust, or by Riss: authorized attorney. No such trust, whether implied or createdz, . will defeat the title of a purchaser for a vaiuable Pa desir and without notice of the trust. The record of the trust wilk-its deemed notice to every person claiming under a COR eEE LOS atte : or lien created after such record.

WHEN NO RESULTING TRUST. - When a conveyance made to one person, and the consideration taid by another, mum use or trust will result in favor of the latter, but the title wit? vest in the former; except, however, that in case of ereditarss such conveyance may be shown to be fraudulent; and except alsa 5 that in case the grantee shall be shown to have taken the convey~~- ance in his own name without the consent of the party pe consideration, or, in Moke to of some trust, has purchased Ié with mqneys aot his own,' in which case the trust.will he ir fa¥a:

oi the party paying the 'consideration. 'Where it is shown that &gy agreement and without fraud the grantee was to hold the land fixe Che use of the person paying the consideration, the trust will tee apheid.

* POWER OF REVCCATION. - A grantor of lands reserving an @isoluie power of revocation will be deemed the absolute owner, @p far as regards creditors and purehasers.

€fom by virtve of a power will be void on the ground that it-is wRrare extensive than was authorized by the power; but every estate or trust co created, so far as embraced by tic terms of the

EFRREVCUABLE POWERS. - Every pewrr, beaehcial cr in @rust, will be deemed irrevocab e, uniess an authority to revoke wa iS reserved in'the instrument creating the sae. ;

SALE CF TRUST ESTAT#S. - Any real estace held subject 'to ary trust may be so'd by order cr the court, (1) When it is Gizown that such real estate is liable to waste or depreciation in weime; (2) When taxes and expenses exceed the income; and, €2) When the sale cf the property would inure to the advantage @& the beneficiary and fulfill the purpcses cf the trust.

ACCOUNTING. - Upcn the death «: the beneficiary, or upon @he determination of the trust accord:ng to the conditions of the festrument creating it, it is the duty of the trustee to at once geamy over to the person entitled thereto ail assets in his Lands elonging to the trust.

WVACANCIES. - Cn the ceath of a trustee, or if for any cause << refuse to act, the curt may fill the vacancy by the appoint- meent of some suitab's person. [f the original trustee was inea-

geabie of holding +e estate the court can not fill such vacancy. CONTROL BY: CCUR1. - Tke trustee and the funds in hig Esa2uds are et all times under the equitable control of the couit.

smd associations, desirous of incorporating under the laws of the . sgsate of Indiana, are required to nie with the secretary of state wertified copies or duplicates of their articles of incorporation er asscciation.

PGWERS. - Where no other provisions are specially made, e@<porations are capable of suing and being sued; of having a @eai: of electing ail necessary officers and fixing their compen- ation and defining their duties; of determining the manner of eailing .apd .conducting meetings, the number that shall con-

-gtitute a quorum, the number of shares that shall entitie the Members to one or more votes: (provided, each stockhroder shall have one vote for each share owned and held by him for ten -days previovs to tbe meeting of the corporation;) the mode of voting by proxy; the payment of assessments, and the mode of selling shares for the non-payment of assessments; and the tenure -Of office of the several officers. Corporations have such powers as

- are expressly granted by their charters, and also such other powers as are necessary to carry fmto effect the powers expressly

CONTINUANCE. AFTER DISSOLUTION. - AI] corporations whose charters shall expire shall' thereafter be. continued. for 'three years for the purpose of prosecuting and defending suits sand closing up their business, but not to cyntinue the business "€or which they were established.

RECEIVER. - The circuit court may appoint a receiver to "take charge of the affairs of a corporation whose charter has "expired or which has become insolvent. A petition for such ap- pointment may be made by any creditor or stockholder. Ths receiver, under direction of the court, will proceed to wind up the affairs of the corporation, pay its debts, and distribute the re- maining assets among those entitled to receive them.

FOREIGN CORPORATIONS. - Before any corporation organ- {zed in any other state or county shall be authorized to do "business in this state, it shall first deposit in the clerk's office of the county where it proposes to do business a power of attorney for its agent, consenting to be sued by service of process upon "such agent; and also complying with such other requirements as may be made by the statutes of this state.

umber of persons, not less than ten, after at least one hundred shares of stock have been subscribed, may form themselves into -an association for the purpose of loaning money for the benefit -of their stockholders, tue money to be secured by the stock of the 'association or in such other manner as may be provided. Pay- ments for stock or for loans may be made in smail amounts, monthly, or at other short intervals. Provision is also made for 'the payment of premiums for the privilege of securing loans. 'Infants may become stockholders, as if adults.

OTHER: CORFORATIONS. - Provisions are made by apecial -gtatutes for the organization of associations or corporations §er various purposes, as camp meetings, detective associations,

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_@ VOLUNTARY ASSOCIATIONS. - The general statute i the 'organization of voluntary associations authorizes any number of 'persons to form a corporation, by written articles, to be signed 'by each person who may be a member at the time of the organ- 'ization, specifying the name and objects of the association, the -names and places of residence of each member, with an impres- "sion of the seal, and in what manner persons shall be chosen 'to manage the business of the association, for the following 'purposes: (1.) To establish and maintain horticultural and 4gri- cultural; -mechanical, literary, scientific, dredging or ditching 'phans and for aged or helpless persons. (4.) Cemetery associa- 'tions. (5.) Berevolent, temperance, religious, or secret societies; :also humane and grange societies. (6.) Military and fire com- panies, and for the erection of buildings for public meetirgs, and 'the planting of trees on public grounds. (7.) To organize sdfe -deposit and loan companies. (8.) Building and carrying on hotels. (9.) Real-estate companies. (10.) Health resorts and -training-schools. (11.) Gas and oil companies. (12.) Live-stock -associations. (13.) Mercantile associations. (14) Charitable so- eieties. (15.) Commission and forwarding companies. (16.) "Title and abstract associations. (17.) Orphan home assoctations. (18.) Wormer employment associations, etc. *

® FILING ARTICLES. - Voluntary-association articles must be -filed not only in the office of the secretary of state, but also in the recorder's office of the county where the association is organized. .

SOCIETIES "77D CLUSS. - Any three or more persons desir- -ous of organizing a cius cr society for any lawful purpose ather 'than pecuniary prefit ms: preceed in a manner similar {% that

GENERAL PROVizs.5NS. - The number cf purposes for which corporations may be formed is very great, and provision for them is set out in great detail in the statutes applicable to -each. The particular provisions of the statute applying to the ease in hand should be studied with care by those having jnter- ests in the corporation.

STREAMS AS BOUNDARIES. ices two counties: are -separated from each other by a stream" the middle or thread of the channel, unless' otherwise expressly provided, will be the Qoundary line. The state line bordering on the Ohio river ex:

tends only to the low-water mark; but the right to serve process: in any county bordering on that river extends over the river to the opposite shore.

RELOCATION OF COUNTY SEATS. - Various statutes have been passed for the relocation of county seats. The first step to: be taken is by a petition to the county commissioners on the part of the voters of the county, after which an election is called to determine for or against the relocation. Appeals may be takem from the action of the county board in this as in other cases.

COUNTY BUILDINGS. - -Before any board of county com- missioners shall contract for the construction of any court-house,. jail, or other county or township building, pians and specifica- tins must first be adopted by the beard, and remain open for the» inspection of the people; after which bids must be advertised for: and the contract let to the best bidder.

REGISTRATION. - It is made unlawful for any person to» practice medicine in the state without first being registered and. licensed so to do. A like requirement exists as to the practice of?

PROCUREMENT OF BODY. - The body of any person who» shall die in any state, county, or city prison, or any caunty asylum or public hospital, may, after twenty-four hours, in case- no one next of kin applies to receive it, be turned over for scien-- ' tific dissection, in the-manner and under the restrictions provided: for in the statute: Provided, That when any person shall ex-. press a wish to be buried, his dead body shall not be turned over' for dissection. The term "next of kin," as used in the statute,, includes surviving wife or husband, father or mother, son or daughter, brother or sister, or any relative within the sixth de- gree of consanguinity, or second cousin.

SYSTEMS OF LAWS. - There are two general systems of drainage laws in this state, one proceeding by petition to the circuit court and one by petition to the board of county com- missioners. Provision is made in all cases for remonstrance: against the work by those having an interest in its construction. Before any such work shall be established it must be found that. the proposed drainage is practicable; that it will improve the public healtn, or benefit a public highway, or be of public utility; and that the costs of the work will not exceed the benefits. The work, if established, is placed in charge of a commissioner or

commissioners, is let by contract, and assessments made UPOIs the lands in proportion to benefits.

REPAIRS. - tThe ditch, when completed, remains in charge of the public authorities, who keep the same in repair, having power to make assessments for that purpose.

ADVERSE USE. - The right of way, air, light, or other ease- ments from, in, upon, or over, the land of another, will not be acquired by adverse use, unless such use shall be continued wn- interruptedly for twenty years.

TUITION FUND. - The school revenue for tuition is made gp of the common-schoeol fund, and the congressional township schew! fund, which can never be diminished in amount, and the income from which must be appiied exclusively to furnishing tuition to

| the common schools of the state.

COUNTIES LIABLE FOR. - Counties are made liable for s@ much of the school funds as are entrusted to their care, and must pay interest upon the same, whether the funds are loaned out te individuals or retained in the county treasury.

LOANS. - First mortgage loans, four thousand dollars or less,. but not to exceed one-half value of land without improvements, may be made to one person. Interest six per cent, payable erd of year; when also one-tenth or more of loan may be paid.

STATE SUPERINTENDENT . - The general administration of the affairs of the public schools is placed in charge of a supertn- tendent of public instruction, chosen at the general election every two years.

STATE BOARD OF BEDUCATION. - The governor of the

state, the stperintendent of publie instruction, the presidert of

the state university, the president of Purdue university, tke president of the state normal school, and the superintendents of . common schools of the three largest cities in the state, constitute the Indiana state board of education. The superintendent of public fnstruction is made president of said board, and the board has direction of questions arising in the practical administration of the school system of the state not otherwise provided for, and also of such other matters as are specially committed to its charge by the statutes of the state. The board selects the text-books to be used in the schools, and provides by contract for publicatien and _ distribution of the same. Such books, except histories aud geographies, cannot be changed oftener than once in five years.

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COUNTY SUPERINTENDENT . - On the first Monday of June, 1899, and every four years thereafter, the township trus- tees of the several townships of each county elect a county superintendent of schools. |

-DUTIES. - The county superintendent examines teachers and issues licenses to those found to be competent, and, under direc- tion of the state superintendent, has general charge of the schools of the county. Licenses to teachers may be issued for six, twelve, twenty-four or thirty-six months, according to the proficiency of the applicant. Licenses for longer periods, or for life, are issued in special cases, under approval of the state board of education.

COUNTY BOARD OF EDUCATION. - The county superin- tendent and the trustees of the several townships and the chair- man of each board of school trustees in each city and town within the county, constitute a county board of education and have gen- eral charge of the wants and needs of the schools of the county.

SCHOOL TOWNSHIPS. - Each township is also declared to be a schoel township, in charge of the township trustee as school

trustee; such school township is a distinct corporation, with power to contract, to sue and to-be sued.

TOWNS AND CITIES. - In like manner, each incorporated town and city is also a school corporation, in charge of a board of school trustees selected by the civil boards cf trustees of such towns and the common councils of such cities respectively.

REMOVAL OF SCHOOLHOUSEHS. - A township trustee, with the consent of the county superintendent, may, on petition of a majority of the patrons of any school, remove and relocate any schoolhouse in his township.

LOCAL AND SPECIAL TAX. - Where the eommon-school fund is insufficient to pay the tuition of the schools of a school township, city, or town, a local tax may be levied for that pur- pose. A special school tax may also be levied for the construction and repair of schoolhouses, and for other necessary expenses, apart from tuition.

INUMERATION. - Between the first day of March and the first day of May in each year, the School trustees take an enumer- sation of all children between six and twenty-one years, not in- cluding married persons. On this enumeration as a besis, dis- tributich of tuitiof revenue is made twice in each year, on the fourth Monday fh May and on the first day of January, by the superinténdent of public instruction. Any balance of tuition funds in -€XC0SS of.cne ,undred dollars left unexpended pp.the

'first Monday in July in each year 1m any school corporatica, must be returned to the county treasury for redistribution.

COLURED CHILDREN. - In case the colored chiidren in any sehool corporation are' sufficientiy numerous, the trustees are authorized to organize them into separate schools, having all the 'Yights and privileges of other schools.

BRANCHES TAUGHT. - Unless in special cases, all teaching in the public schools must be in the English language. The trus- 'tees are required to provide for the teaching of orthography, reads ling, writing, arithmetic, geopraphy, English grammar, physiology, whistory of the United States, and good behavior.

TOWNSHIP AND COUNTY INSTITUTES. - At least one Sat- \urday in-each month, during which the school may be in progress, :1mmnust be devoted to township institutes, or model schoois for the instruction of the teachers. County institutes are also pro- 'Wided for.

FREE LIP*ARIES. - Boards of trustees in cities and towns .are authorized to levy a tax for the support of a free library and to establish and maintain the same. Prowision is also made for libraries in school townships.

WOMEN ELIGIELE TO OFFICE. - -Any woman, married or 'single, cf the age cf twenty years and upwards, and possessing the qualifications prescribed for men, is eligible to any office 'under the general cr special school laws of this state.

'mal school, at Terre Haute, and the university, at Bloomington, 'is each established as a part of the school system of the state; 'the normal school being for the training of teachers, and the uni- 'wersity for the acquisition of a finished education. 7

GENERAL ELECTIONS. - On the first Tuesday after the first

"Monday in November in the year 1882, and every two years there- .after on the same day, a general election is held at which all ex-

isting vacancies.in office, and all offices the terms of which will -expire before the:next general election thereafter, are filled un-. less otherwise provided by law.

QUALIFICATIONS OF VOTERS. - Every male citizen, and -every male who. shall:have declared 'his intention to become a -eitizen, of the age of twenty-one years, who shall have resided in the siate six. months, in the township sixty days, and in the pre- -cinct thirty days immediately preceding the election, is entitled

PRECINCTS. - -Everre 4ownship -is divided by the county com-

missioners into precincts contaigjng as near as practicable two: hundred voters; and no precinct must contain over two hundred: and fifty veters.

OFFICERS OF ELECTION. - The election board consists of an inspector and two judges. The township trustee is the in- spector in his own precinct, by virtue of his office. In case there: is more than one precinct in a township, the county commission- ers appoint an inspector for each additional precinct. The in- spector appoints two judges, one from each party casting the highest number of votes at the last election, on the designation: of the chairmen of the respective county central. committees. If any member of the board fail to-appear in time, the board wild fill the vacancy from the same political party, to be selected on the gesignation of the voters present representing such party. Should none of the board be present, the voters present wii select the members of the board in accordance with the same pro- visions. The board will also select two poll clerks, one from each political party.

BALLOTS. - The ballots for state officers are prepared by a state board of election commissioners, consisting of the governer and two commissioners appoimted by him, one on the nomination, of each of the cnairmen of the state central committees of the two parties casting the largest number of votes at the preceding election. The ballots. for county officers are provided in like manner by a county board of election commissioners of which the county clerk is chairman. The baliots at the pclls are im charge of the election board, and one is given to each elector who marks the same according to his wishcs, retiring for that purpose into a private booth.

DISABLED VOTERS. - Any voter who declares that by rea- son of physical disability, or inability to read the English lan- guage, he is unable to mark his ballot, will be assisted by the poll clerks in marking it.

SECRECY OF BALLOT. - Neither the voter himself nor any officer is authorized, under heavy penalty, to reveal how any vote has been cast.

COUNTING. - AI ballots concerning which there ts no @is- pute are destroyed after they are counted, and the vote entered on the tally sheets. The protested ballots are preserved for fn- ture examination, if that should be necessary.

WHEN MADE. - In the year 1871, and every six years there-

after, an enumeration of the male inhabitants over twenty-one

Livery Feed atid= «Sale

and Embalmers,

Deaier in al] kinds of

ae Faring « Ira Lhe. Timplemenits |

- and dicferent Kinds 2 oF First Class »

Speciil At'e ition given to Jicholas and

"Wess of the

Queene. aes

John Westei man. MILAN INDIANA.

years of age of each townsnip, Is made by tne severat township trustees, and filed with the county auditor.

DUTY OF AUDITOR OF STATE. - The number of inhahi- tants so found is returned by the several county auditors to the auditor of state, who will lay the same before the legislature, with county maps of the state showing the male inhabitants over twenty-one years of age in each, to be used by the general as- sembly in framing an apportionment law for the formation of legislative and congressional districts.

ADVERTISING. - Any person who takes up any estray ani- mal or water-craft is required to advervise the same-within five

FURTHER ACTION. - In case the owner fails to appear and claim the property, the law prescribes a course to be taken by the finder for its appraisement and sale.

CONTRACTS TO BE IN WRITING. - The following con- tracts must be in writing: (1) To charge an executor or ad- ministrator, upon any special promise, to answer in damages out of his own state. (2) To charge any person, upon any special promise, to answer for the debt, default, or miscarriage, of an- other. (3) To charge any person, upon any agreement or prom- ise made in consideraticn of marriage. (4) Contracts for the sale of land. (5) Any agreement not to be performed within one year.

TRUST PROPERTY. - Every conveyance of any existing trust in lands, goods, or things in action, must be in writing.

RESULTING TRUSTS. - Ncthing contained in any law of this state will be construed to prevent any trust from arising or being extinguished by implication of law.

SPECIFIC PERFORMANCE. - In case of part performance of a contract, the performance of the contract in full may be en-

- REPRESENTATIONS AS TO CREDIT. - No action can be maintained against any one by reason of representations as to the character, conduct, credit, ability, trade, cr dealings of an- other. unless such representations be in writieg. This does not include the obtaining of property by fraudulent representations.

CONTRACTS OF OVER FIFTY DOLLARS. - Contracts for the sale of goods, to the amount of fifty dollars or more, are not valid unless in writing, or unless the purchaser receive a part of

fhe property, or give something to bind the bargain, or in part ©

SALE WITHOUT DELIVERY. - Sales of property retained fey the vendor are presumed fraudulent, as against bona-iide ereditors or subsequent purchasers, uniess good faith in such sales is made to appear.

CHATTEL MORTGAGES. - No assignment of goocs by way

Of mortgage will be valid against any other person than the par-

fies thereto, where tke gccds are not delivered to the assignee and retained by him; unless the mortgage be recorded within

fen days, in the recorder's office of the county where the mort- -

gagor resides, if he resides in this state, or where the property is situated if he does not.

very conveyance of lands, or any estate therein, made to de- fraud prior or subsequent purchasers in good faith and for a

EFORS. - -All conveyances, contracts, or judgments, made to

hinder, delay, or defraud creditors, or other persons, of their law- ©

ful dues, are void as to the persons sought to be defrauded. DEEDS IN TRUST FOR GPANTOR. - Deeds of gift and trans- fers of goods and things in action, whether verbal or written,

meade in trust for the use of the person making: such gifts or -

transfers, are void as against creditors or their representatives. INNOCENT PURCHASERS. - The provisions of the foregoing statutes will not be construed to affect the titles of innocent pur- chasers without notice and for a valuable consideration. QUESTION OF FACT. - The question of fraudulent intent, in a@il cases arising under the foregoing provisions, must be proved as a question of fact; and it will not be sufficient to show that the consideration was insufficient, nor will fraud be otherwise pre- CONTRACTS VOID. - AII notes, mortgages, or other securl- ies, when the consideration, in whole or in,part, is money or other thing of value won on the result of a wager, or for repaying money lent at the time of the wager and for the purpose of being wagered, are void. Any contract made to depend upon the result of amy uncertain event is a wager, and as such illegal. RECOVERY OF LOSSES. - Any money or thing of.value. paid

om apy bet or game may be recovered in an action to be brought

within six months.

PETITION FOR. - Whenever tweive freeholders of a county {six of whom reside in the immediate neighborhood of the high- way) shall petition the county commissioners for the location of a highway, the commissioners will, if notice of the petition has 'been given by publication for three weeks, or by posting in three public places in the neighborhood, tor twenty days before the meeting of the board, appoint three persons to view such pro- posed highway.

VIEWERS AND REVIEWERS. - If the viewers report in favor of the highway, and there is no objection made, the high- way will be located according to such report. If there be remon- strance by any person through whose lands the road shall pass, the commissioners will appoint three reviewers on damages. If the reviewers report against the remonstrants they must pay the costs, and the road will be opened. If the reviewers report in favor of the remonstrants' claim for damages, the commissioners, if they deem the road of sufficient importance, may order the damages paid out of the county treasury; otherwise the road will be abandoned. Should the commissicners think the damages as- sessed to be excessive, another review may be had for this cause,

VIEWERS ON UTILITY. - If at any time before final action by the board, one or more freeholders residing along the proposed highway shall object to the same as not being of publie utility, other viewers may pe appointed and make report on this question. If these viewers report against the utility of the highway, it will not be established; but if they report favorably the objectors wiil pay the costs and the road be opened.

PAYMENT OF DAMAGES. - No highway will be opened to public travel until the damages shall be paid to the persons in favor of whom they are assessed.

APPHAL. - Appeals may be had from the Heute of Mea eounty board to the circuit court, as in other cases.

'NON-USER. - Should a highway not be opened and used fwithin six years from the date of its patina ited f wilil thereby cease to be a highway.

CSER. - A public way, used as such for twenty years, wll be deemed a public Bigieaee and the board of county commanrinsiyn- erm imay have the same ascertained, described, and entered of

REPAIRS OF. - The public highways are in charge of the township trustees, who appoint road supenvisers for the several

Ts the Prace for

Everything Up-To-Date

also Undertaking and Embalming.

Sunman Indiana. Jj. F. Brinkman

ea ee TT ea ee SrA ea

FRESH and

'by road labor in the several districts, and by road tax levied for that purpose by the township trustee.

TURNPIKE ROADS. - Free turnpike or gravel roads may be constructed, under the statutes therefor, by petition and assess- 'ment, in like manner. with the procedure for constructing public

TRACTION-ENGINES ON HIGHWAY. - Any person owning or having charge of a traction- or road-engine, is required, while using the same on any public street or highway, to send some person in advance of said engine, not less than fifty yards, to 'warn all persons approaching and in charge of horses or teams, of 'their proximity to such engine. And it is made the duty of such "owner or person having charge of such traction-engine, upon the approach of such horses or teams, to drive such engine to one side of the road, when practicable, and to stop the same until the

HEAVY HAULING. - It is unlawful to haul over any turn- 'pike, when the same is liable to be cut. up in bad weather, any load, which, with vehicle, weighs over 3,200 pounds, unless the 'tires are three inches wide; 3,700 pounds, on tires over three and less than four inches; 4,0C0, on tires over four or less than five 'inches; and 4,500, on tires over five inches. he

INTERFERING WITH HIGHWAY. - It is made a misde meanor, punishable by fine and imprisonment, wrongfully to ob- -struct any public bridge, highway, or canal.

TREES ON HIGHWAY: - Whoever wilfully, maliciously, or 'mischievously, and without right, cuts down or in any way in- jures any tree upon a highway, may be punished for such act. Another statute makes it criminal to injure any shade-tree along any sidewalk or highway. This statute does not, however, pre- vent the owner of the adjoining premises from making necessary alteration in the walks along his premises or the trees planted

DISABILITIES ABOLISHED. - All legal disabilities of mar- ried women, except as otherwise provided, are abolished.

WIFH'S LANDS. - No lands of any married woman are liable for the debts of her husband; but such lands, and the profits therefrom, are her separate property, as fully as if she were un- married: Provided, That she cannot encumber or convey her lands, except by deed in which her husband joins.

WIFE'S POWER TO HOLD PROPERTY. - A married woman goay acquire and hold real and personal property, and may sell

personal property, the same as if she were unmarried; but she ig. bound by estoppel in pais, like any other person.

WIFE'S COVENANTS; SURETYSHIP. - A married woman is. bound by her covenants of title in conveyances cf her separate - property, and is also bound as principal on her official bond; but she can not enter into any contract of suretyship.

WIFE'S DEBTS. - A husband is not liable for a wife's debts. contracted by her in carrying on her separate business.

HUSBAND'S LIABILITY. - A husband is liable for his wife's.. debts contracted before her marriage, but only to the extent of" the personal property which he has received from her, or derives from the sale or rent of her land.

WIFE'S EARNINGS. - A wife may carry on any business or perform any labor on her own account; and all earnings there- from, except for labor for her husband and family, shall be her- sole property.

WIFE'S SUIT FOR SUPPORT. - A married woman may sue for her own support and that of the infant children of her- self and husband, out of the property of her husband, including. indebtedness due him from others, in the following cases: (1.) When the husband deserts her. (2.) When he has been convicted. of a felony and imprisoned in the state prison. (3.) When he is. a habftual drunkard. (4.) When he renounces the marriage cove- nant and refuses to live with her.

RATH. - Interest on loans or debts, when the parties do not agree on the rate, is at six per cent per annum; but, by agree- ment in writing, interest may be as high as eight per cent.

ON JUDGMENTS. - Judgments bear interest at six per cent- from the date of the verdict or finding.

ON WRITINGS AND ACCOUNTS. - Interest on accounts is at. six per cent from the date of settlement, or the date of rendering: an itemized account and demanding payment; and on money had and received from the time the same is retained without con- USURY. - When a greater rate of interest than eight per cent is provided for in a contract, the excess over six per cent will, be- deemed usurious, and if paid may be recovered, with costs.

WHEN PREFERRED CREDITORS. - In the closing up oftan ' Insolvent manufacturing, mechanical, agricultural, or other busi- ness, 2 sum not exceeding fifty dollars due any laborer for work:

- performed within the preceding six months will be treateil. as a preferred aebt.

EIGHT EOt"S. - For all classes of mechanics and laborers, except those cngi.. -«d in agricultural and domestic labor, a day's

paid to such laborers shz.!! be in lawful money, and at intervals not exceéding one weel:. uniess by agreement, when wages may be paid every two weeks.

BLACKLISTING. - It is made a criminal offense to try to prevent a discharged employe from obtaining employment with any other person, firm, or corporation.

IMPORTING LABORERS. - It is a misdemeanor to import foreign laborers into the state, and any contract for such purpose is void.

PERSONAL INJURIES. - Fvery railroad or other corporation, except municipal, shall be lino'e for personal injury suffered by any employe while in its seivice, the employe being at the time in the exercise of due care, in the following cases: (1.) When the injury is caused_by detect in the works, machinery, or tools, used in the business, and such defect is due to the negligence of the corporaticn cr of the person entrusted with the cure cf such works, machinery, or tcos. (2.) When the defect is caused by the fault of a rerscn to whcse order or direction the injured em- ploye was required to conform,'and dia conform. (3.) When the injury was caused by obedience to a rule or by-law of such cor- poration, or by obedience to a person delegated with the author- ity of the corporation in that behalf. (4.) When such injury is caused by the negligence of aay perscn in the service of the cor- poration who has charge of any signal, telegraph-office, switch- yard, shop, round-house, locomotive-engine, or train, upon a raii- way, or where such injury was caused by the negligence of any person acting in the place and performing the duty of tke eor- poration in that beha'f.

NOTICE TO QUIT TENANCY. Tenancies from year are de- termined by at least three months' notice gi, 0 befcre the close of the year. In all tenancies from one period to another for less than three months a notice equal to the period of such tenancy will be sufficient. When the tenancy is for a fixed time no no- tice is necessary. On failure to pay rent a notice of ten days is

We my) oo SMe wee)

Bread Polis

stay as

=. Hit ls 2S LO very Da ab Y

os ait 2

. = i SS SS Se ae Se ee

~~ Lunch or meals served at all kours.

- ap Thats the place to buy your

= And Everything found in an Lipsro-Date Stace

OCCUPANTS LIABEN. - The occupants, without enact com tract, of any premises will be liable for rent therefor.

@ LIEN FGR RENT. - The landlord has a lien for rent om tis? erop raised by the tenant. re

_ SUIT FOR POSSESSION. - A tenant unlawfully holding ever may be removed by an action before a justice of the peace. _

FORCIBLE ENTRY AND DETAINER. - Any person whe shall make unlawful or forcible entry into lands, and shall ex@er peaceably or forcibly detain the same against any person having right to possession thereof, and any person having peaceably a- tained the possession of lands, who shall unlawfully and a keep the same against any person having right to posseseBas thereat, may be ousted from such premises, and the posssszdasa thereof*vestored to the person entitled to the same, and damages for retention recovered on complaint by him made, in the sazse manner as provided in the case of tenants holding over.

FOR WHAT PURPOSE ISSUED. - Counties may exact. Tm cense fees: To keep a ferry; to sell as traveling merchants oy peddlers; tc exhibit a circus or other show; or to carry em the business of a stock-broker. 'dhe fees collected for such lisereerss are to be paid over to the county agricultural society, if theres be one, otherwise to belong to the county treasury. |

OF ATTORNEY. - An attorney at law is entitled 'to claizs = lien for his fees upon any judgment secured by him.

LABOR LIEN AGAINST CORPORATION. - The employes af any corporation are entitled to hold a lien on the corporate -pragp~ erty and its earnings for work and labor done.

FOR FEEDING STOCK. - Livery men and others engaged izg feeding and caring for horses and other stock have a liew ox guch stock for the value of the feed and care so bestowed:

MECHANICS' LIENS. - Contractors, sub-contractors, mecike= - ics, laborers, and material men, may have a lien upon the Bua ing or structure for which they have performed labor or furnis®eR material, by filing in the recorder's office, within sixty days. fram the performing of such labor or furnishing of such materia3, =z notice of their intention to claim such lien. Should the wank be done or the material furnished for any shop, mill, Warerism, store-room. or manufactory, and the person, firm, or corpors?im conducting the same be insolvent, then such claims will be pre. ferred debts without notice of lien. o

HOW ENFORCED, - A mechanics' lien may be foreclosed Bey

We are prepared to

handle any thing in

Dentistry. We have all the improved ap- pliances and us2 the methods that time and experience have proven to be the best,

Give us a Call,

Anderson Building

Finest line of Jewelry Watches, Clocks, Silverware Hic.

thera, engraved free of

charg>. Repair work

done at moderate prices

€all and be convinced.

an action in court at any time within one year from the filing of the notice in the recorder's office, or, if a credit be given, from the expiration of the credit, but not afterwards. Mort- gagees or lien-holders, in order to be bound by suck foreclosure proceeding, must be made parties thereto.

RAILROAD LIENS. - AII persons performing labor or fur- nishing material for the construction of any railroad may have 3 lien upon the property and franchise of: such railroad, to be en- forced as mechanics' liens are enforced.

TRADESMEN AND BAILEES. - Mechanics and other persons have a lien upon the same for the value of the labor and material bestowed upon them; and six months after such charges are due, - may, after due notice given, sell such articles in satisfaction of the lien. Bailees and keepers of property having a lien for feed or care of stock may enforce lien in like manner. In case the property is perishable, or liable to decrease in value by delay, it may be sold in thirty days after charges become due. Goods held for storage may be sold in like manner after one year.

LICENSE TQ SELL. - Kt is made unlawful for any person to sell, barter, or give away, for any purpose of gain, any spirituous, vinous, or malt liquors, in less quantity than a quart at a time, or to sell or barter any intoxicating liquors to be drunk on 'his premises, without first procuring a license so to do.

REMONSTRANCE. - The law provides for the filing of re "'monstrances against the granting of such licenses by reason of unfitness on the part of applicants. Appeal also to the circuit court from the action of the county board is provided for.

- NEGOTIABILITY. - AIl promissory notes, bills of exchange, bonds, or other instruments in writing, signed by any person wh® promises to pay money, or acknowledges money to be due, or for the delivery of a specific article, or to convey property, or to perform any stipulation therein mentioned, is negotiable by en- dorsement thereca, so as to vest the property thereof in each indorsee successively. A note may be transferred by delivery only, in which case the assignor impliedly warrants that he has not received payment. Assignees of notes not payable in bank take the same subject-to all liens and:claims in favor of other parties, and to all defenses. The assignment of a note secured by mortgage carries with it the mortgage security. An assignee anay bring suit on a note in his own name; and, having used due

For a General Banking,

Wm. R. Glasgow Press'. Newton Jackson V. PREs- W. C. Leslie CasH.

Oldest Bank in the County.

Will C.Le

Take Your Rags. and the measure of your Room to 'this man and he

will weave your

Go CAR DE cTs

in one piece with-

out any seams.

Largest Looms in

the County.

Se i Naieves Oils Arese Heys PATESVILLE 1I.D

diligence, may have his action against any indorser, as well as against the maker of the note.

NOTES PAYABLE IN BANK. - Notes payable to order or bearer in a bank in this state, will be negotiable as inland bills of exchange. Want or failure of consideration can not be set up against an innocent holder for value of a note payable in bank and transferred before maturity; but such notes if transferred after maturity are subject to all defenses that might be set 'up against the payee.

DAYS OF GRACE; HOLIDAYS. - On all bills of exchange payable within the state, three days' grace will be allowed. No action will lie on a bill or note payable in a bank in this state, until the third day of grace has expired. Sunday, New Years, the Fourth of July, Christmas, the day of any public feast or thanksgiving, Washington's birthday, memorial day, labor day, and the day of any general election, are legal holidays; and all negotiable or commercial paper falling due or maturing on either of said days will be deemed as having matured on the day pre- vious; and if such holiday come on Monday the parer will be deemed to have matured on the Saturday previous. When the legal holiday comes on Sunday, the day following fee! be the

OATH. - Every officer and every deputy, before entering on his official duties, must take an oath' to support the constitution of the United States and that of this'State, and that he will faith- fully discharge the. duties of the office.

BOND. - If any officer of whom a bond is required shall fail to give such bond within ten days, the offce will become vacant. No official bond will be void by reason of any defect or infor-

OTHER PROVISIONS. - Other provisions of the statutes in relation to offices and officers are too numerous to be given in this book.

FIRM NAME. - The business of every partnership ts con- ducted under the firm name, each member so named being liable for all the acts of the partnership. A special partner is one who contributes to the common stock a specific sum in actual cash, but is not known as one of the firm, and not liable as such. If a special partner make any contract in relation to partnership concerns, except with the general partners, he will thereby be« come himself a general partner, and Hable as such.

Your Sale You Wiil

egret It.

Sparta Indiana.

Isread [Rolls I6uns IlPies GZGakes Gta,

At less than what it cost you to make them. You will never know until you come and see.

Osgood Indiana..

DISSULUTION.- - No dissolution of a partnership, unless \ operation of law, will take place before the time fixed in the arti- €les of agreement, except by notice duly published.

SURVIVING PARTNERS; RECEIVER. - In case of the death of one partner, the surviving partner or partners will proceed to administer on the partnership affairs and to settle and close up the business. On neglect of surviving partner, and in some other eases, a receiver will be appointed to settle the partnership af-

TOWNSHIP TRUSTEES. - Township trusees are overseers of the poor in their respective' townships.

COUNTY TO SUPPORT ITS OWN. - Each county is required

to provide for its own poor. This provision is made by furnish- ing supplies to the poor through the township trustee, or by giv- ing them a home in the county poor asylum. Temporary relief, 'however, may be rendered to the transient poor.

ORPHANS. - The county commissioners are authorized to se- lect a matron to care for orphan poor between the ages of one and sixteen years, in a home apart from the poor asylum, and to pay to her for each child so cared for not less than twenty-five hor more than thirty cents per day.

The subjects treated in the statutes under these and other aeads are 80 numerous and complicated that it would be imprac- ticable to treat them satisfactorily in this book.

POLLS AND PROPERTY. - AIll taxes for the support of state 'county, and township government, are assessed on polls and on property listed and valued in an equal and ratable proportion, iv the following manner: The amount necessary to be charged ct each poll and on each one hundred dollars' worth of property, for state and school purposes is, from time to time, fixed by an act -of the legislature; and the amount to be charged on each poll and 'on.each one hundred dollars' worth of property for county ex- penditures is determined by the board of county commissioners cat their regnlar meeting in September. The.township trustees also Imake a levy, which is reported by them to the county board.

POLL-TAX. - Poll-tax is assessed on male inhabitants bs '®@ween twenty-one and fifty years of age. :

WHAT PROPERTY TAXABLE. - AIll Le Within the 4urisdiction @§ tee state is subject to taxation, save only that

Wali Paper.

cheaper than any one in the county, 4% cent un-

for produce.

New Macion & Butleri 176

Ts the bread baked with White Lily flour.

it is palatal le and wholesome and does nct get heavy and

White Lilly flour makes such good bread because it is such good flour.

It is ground from ths higte t quality of wheat and contains

all the essential and the vital food elements of the grain.

It is the mcst satisfactory four you can uss beeause it goes the farthest and never

It is always the same. Your grocer sells it. Try a sack.

JOHN HEIMSATH prop.

which is expressly exempted by law, in pursuance of the provt.

sions of the constitution, as follows: (1.) The property of the United States, of this state, and of each county, city, town cr township, including also lands held for the use of the common schools. (2.) The personal property of every incorporated manual-labor school, and also real estate not to exceed three hundred and twenty acres. (3.) Every building used and set apart for educational, literary, scientific, or eharitable purposes, and the tract of land on which the same is situated not exceeding forty acres; also the personal property and endowment funds of such institution. (4.) Every building used for religious worship and the parsonage belonging thereto; and the land on which they are situated, not exceeding ten acres. Also every cemetery. MORTGAGH EXEMPTION. - By an act in force March 4, 18°¢A,

provision is made for exempting from the taxable valuaticn of real estate a mortgage indebtedness on the same to the amount of

seven hundred dollars, provided such deduction do not exceed one-half thé valuation of the land.

PROPERF¥Y DESTROYED; REBATE. - Where buildings or personal property are destroyed by unavoidable casualty, after having been assessed for the year, and such loss is not covered by insurance, a rebate of taxes will be allowed, in proportion to the

INDIAN LANDS. - Lands held by members of the Miami tribe of Indians, by grant from the United States are not taxable.

SESSED. - Personal property is assessed between the first day of April and the first day of June each year, and listed in the name of the person who was owner on the first day of April.

property is assessed to the wwner in the township, town, or city where he is an inhabitant, oz the first day of April, with the fol- lowing exceptions: (1.) All goods in a store, mill, dockyard, pil- ing-ground, place for sale ef property, shop, office, mine, farm, place of storage, manufactory, or warehouse, are assessed in the place whére the same are situated. (2.) All animals kept in a township, town, or city, throughout the year, are assessed where kept. (3.) AH bank shares are assessed where the bank is Io-

cated. (42) Peracnal property of mon-residents is assessed where ~

situated; except when in transi, to some other place in the state, in which case it is assessed !n the place to which it is in transit. (5.) Pérsojed tty of minors under guardian js assessed to the

guardian, fn the township, town, or city, where the guardian Fe

JOHN D. WARNEKE, Has the best line of

Manutemrerot | Qeneral

Boots and hardware! | Shoes = oe

All Custom Work Warranted.| $foyes, Rattaes of all

kinds, Pumps, Wash- ing Machines, Salt, Lime and Qement. at bottom prices.

We carry a full line of

DRUGS, L. B, Hughes,

Re General Store

ARTICLES. Dry Goods, Groceries, Ready Mixed Paints, Oils, Etc. Prescriptions carefully Hardware, Ete.

CHAS.N. PETERS, | Give e Us eae all,

sides, but is not assessed for city or town purposes unless the ward also resides in such city or town. Personal property of other persons under guardianship will be assessed to the guardian in the township, town, or city, where the ward resides. (6.) Per- sonal property of the estates of deceased persons is, unt#l dis- tributed, assessed where the deceased last resided. If the de- ceased was a non-resident the property is assessed where situated. (7.) Personal property in the hands of a trustee or agent is as- sessed where the trustee or agent resides, except as otherwise provided by law. (8.) Personal property, and also buildings, sit- uated on lands belonging to the United States or to this state, or upon the lands of any county, township, town, or city, will be as- sessed where so situated. (9.) Personal property of non-residents and in control of any person or corporation as trustee, receiver, executor, administrator, or guardian, is assessed for state and county purposes only, and in the county where the court is sit- uated by twhich such trustee or other official was appointed or to which he reports. (10.) Personal property in the possession of any persen or corperation as trustee, receiver, executor, adrifnis- trator, or guardian, is assessed for state or county purposes in the county where the court is situated by which such trustee or other official was appointed or to which he reports.

CORPORATE PROPERTY. - Corporate property is assessed to the corporation at the place in the state where the principal office of the corporation is situated; or, if there be no such prin- cipal office in the state, then at any place in the state where the corporation transacts business.

PARTNERSHIP PROPERTY. - For the purposes of taxation a co-partnership is regarded as an individual; but each partner is liable for the whole tax. |

WATER-CRAFT. - Steamboats and other water-craft are as- sessed where they belong, or are enrolled, licensed, or registered,

BANKS, BROKERS, ETC. - -The personal property = of companies except those otherwise specially provided for, is fisted and assessed where such property is situated.

sonal property of gas and coke companies, natural-gas, electric- light, water-works, and hydraulic companies, is assessed where the principal works are located; but the mains, pipes, and wires,

Mixed Paitts « Brushes e Lead aud Gil. Repairs for all kinds of machinery.

You don't have to look every place else first. Headquarterg

for everything needed on the farm.

BU ant viico.

Wranufactures flour

€hat is as good and @s pure a flour as was ever ground. at makes light white bread and fluffy pies | = ani cakes. Bandreds of peoplé gese no other kind.

Wour grocer has it.

Chris. Heimsath Prop. | - ' Milan Ind.

laid in or along roads, streets, or alleys, are assessed In @m - township, city, or town, where the same are laid or placed.

ROAD AND BRIDGE COMPANIES. - tThe personal properts of street railroad, plank road, gravel road, turnpike, or brides companies, is listed where the principal place of business is io - cated. The tracks, roads or bridges of such companies are hel to be personal property, and are assessed where located.

PRINCIPAL AND AGENT. - Persons required to list property on behalf of others are required to list it separately from thei< own, specifying the name of the owner.

property of persons removing from one township, town, or city. to another, between the first day of April and the first day sf June, will be listed in either place where the owner is first calles upon by the assessor. In case a person moves into the state Be - tween the first day of April and the first day of June, he will be assessed in the place into which he has so moved; Provided, 'Tka® if such person shall file with the assessor the certificate of the proper authority of the state from which he has moved, showing that he has been there assessed for the current year upon the property in question, and is held for the tax, then he shall rst again be assessed for such year in this state. In-case of dowd? as to which one of two townships property should be assessed im the county auditor will decide; in case the doubt arises as tm which county the property shoud be assessed in, the auditor of state will decide. :

erty is assessed in the place where situated, and to the ownes.. if known; if not, then to the occupant, if any; and if there be am occupant, then as unknown. Property in the custody of am execet - tor, administrator, guardian, or trustee, is assessed to such exeews - tor, administrator, guardian, or trustee.

PROCEEDS OF SALE. - When real estate is exempt froxw taxation in the hands of the holder of the fee, and the same 5s contraeted to be sold, the amount paid thereon by the purchase7- together with improvements made after the purchase, are nae to be personal property, and are to be assessed as such in 'toe place where the land ts situated. J

NURSERY STOCK: - The stock of nurseries, growing" oe otherwise, in the hands of nurserymen, will be assessed as mer

ze EDS HELD AS SECURITY. - When a deed for real agixte

Building Material

ef all kinds always on hand.

We have our own saw and plaining mills and

ean furnish material fora house from the foundation up. .

LOUIS SIEG. 4 puuwiwtAN IND.

The Old Reliable-

The Store where you

will get your,

Large stock to select

Is held for the payment of money, the sum so secured will be as- -sessed as personal property. ;

~FRANCHISES. - Every franchise granted by any law of this "state, owned or used by any person or corporation, and every franchise or priviiege used or enjoyed by any person or corpora- 'cion, will be listed and assessed as personal property.

INTEREST ON EXEMPT SECURITY. - Accrued interest on "bonds or stocks exempt from taxation is not thereby exempt, but taxable as other accrued interest, unless expressly exempted.

MORTGAGED PROPERTY. - Mortgaged property, whether real or personal, is assessed to the person in possession.

MERCHANDISE AND MANUFACTURES. - Merchandise held for sale at a profit is assessed to the merchant or other person in whose charge it is so held. The same is true as to manufactured articles, or articles held for use in the manufacture of goods, wares, Or merchandise. Transient merchants, locating tempo- rarily in any place within the state for the sale of goods, are subject to the same taxation, unless they show by treasurer's re- eceipts that the taxcs have already been paid at some other place.

ENGINES AND MACHINERY. - Engines and machinery (ex- cept fixtures which form a part of the real estate) are assessed as personal prorerty. :

PAWN-BROKERS: - Goods held in pawn or pledge are as- sesscd to the hoider, the same as other property.

BCOKS AND PAPERS; INSPECTION. - For the purpase of yJororerly listing and assessing property for taxation and equalz- ing and collecting taxes, the township assessor, county assessor, county auditor, a.c.icr cf state, boards of review, and the state Yoard of tax commissione.s, cach have the right to inspect and examine the records of al! .. wlie offices, and the books and papers 'of all corporations and «:: r tax-payers in this state, without 'charge; and they also have power to administer ail necessary oaths in the discharge of their duties; and it is made the duty -of all assessors and other cfficers charged with the duty cf as- sessing or collecting taxes to give in writing all information they 'may require in reference to the concealment cf property from 'taxation by,any person or corporation to the county augstor, auditor of state. boards of review, or tax commissioners.

CHANGE OF OWNERSHIP. - Whenever a divisicn or parti- 'tion has been made, or other changes take place in the ownership -of land or any rart thereof, the county auditor, on being satis- ified cof the change, will transfer the title to each tract on the

C. B. JOHNSON, Auctionser

otary Puklic Nacelecn Ind.

HENRY VOSS, Suerrr. Ripley Co, Jno. *, H2SS Tausrze. Shelby Tp.

last appraisement list, and apportion the same and the valuation and delinquent taxes to the proper owner.

DESCRIPTION OF. LAND. - Any description of land that is intelligible is sufficient for purposes of taxation. In case of ptat- »€ing, the number of the lot and the name of the plat is sufficient,

'"nersonal preperty" will be a suffielent designation on the tax -duplicate for any species of chattels, money, or other personal

TAXATION OF DOGS. - The assessor is required to list every -dog in his township over the age of six months, and tax the, same "fo the owner or keeper, charging one dollar for a male dog and 'two dollars for a female, and the further sum of two dollars for

.each additional dog beyond one.

REFUSAL TO LIST. - In case any person neglect or refuse to imake out and deliver to the assessor a sworn statement of his :property, or if the assessor be in doubt whether the list returned Vis correct, the assessor is required to examine under oath amy. -other person as to the property of the delinquent, and te list -such amount for assessment as he may deem just. Heavy pexal- 'ties are also prescribed fer any false return. It is further pro- vided that in case of refusal by the property-owner to return this property or take the oath required by law, the assessor ssl make the assessment from his best information and report the 'fact to the county auditor, who shall add fifty per cent, t% the -assessor's valuation.

TAX VALUATION. - AIl property is to be assessed at. its : true cash value, by which is meant the usual selling price at t 'place where the prorerty is situated, being the price that cotfld 'be obtained at private sale, and not at forced or auction sakéa

TOWNSHIP ASSES°..R. - The assessor is not bound by the 'valuation placed upen yicrerty by the owner, but sets out the valuation which he deems to be the true cash value of the prap>

COUNTY ASSESSOR. - After the return of the schedules by -the township assessor the county assessor is required to aug £0 -the list any property he may discover to have been. omitted. "He 'will also, at any time during the year, cause to be assesse@ 20r 'taxation any property he finds to have been omitted, anu for this ypurpose examine mortgage and will records, judgment dockets, and ail other sources of information. €:

COUNTY BOARD OF REVIEW. - The board of reviesniey dll

Contains the largest assortment of goods in Ripley County, consisting of PLASTER, and STEAL ROOFING. paar) |

Some make low prices at the expens2 of quality in goods. We give careful attention to quality buy in large quantities, take advantage of every discount and give our customers the benefit of our bargains. Others may copy our prices but none can go low on the same quality

of goods.

OUR MOTTO: Full Weight, Full Measure, Full Count and Fair Treatment to all.

assess any omitted property, and will also, on notice to the prope erty-owner when necessary, correct any valuation made by the assessors, in such manner as will, in its judgment, make the val- uation of all property just and equal, and not more nor less than the true cash value. " *

board of tax commissioners consists ef the governor, the secre- tary of state, the auditor of state, and two additional commis- sioners appointed by the governor. The duties of this board are: as follows: (1.) To prescribe all forms of books and blanks used in the assessment and collection of taxes. (2.) To construe the tax laws, and instruct the taxing officers of the state as to their duties. (3.) To see that all assessments are made according to: law. (4.) Especially to see that railroads and other corporations. are assessed according to law. (5.) To see that all taxes due the state are collected. (6.) To enforce penalties for the violation of tax laws. (7.) To determine the amount that should be levied to make up for deficiencies in state revenues. (8.) To examine all books and papers and to interrogate under oath, or otherwise,. all persons necessary to enable the board to secure such informa- tion as will enable the board to bring abeut a compliance by all persons and corporations with the tax laws. (9.) To make all rules and regulations necessary to carry out thé purposes | for which the board was constituted. (10.) To make report to the general assembly of all matters pertaining to the administration of the tax laws. (11.) To make examination as to the tax laws of other states, and suggest such amendments to our laws as they may deem advisable. (42.) To see that at least one member of the board visits each county as often as once a year.

APPEALS FROM COUNTY BOARDS. - Any person, partner-. ship, company, or corporation, may appeal from the county board of review to the state board of tax commissioners. In like man- ner, any assessor, or member of the county board of review, or any tax-payer, may appeal to the state board to correct any as- sessment made, or omitted to be made, by the county board.

OMITTED PROPERTY. - Not only the county assessor and the county board of review, but also the county auditor and the: county. treasurer, have power to assess and place upon the tax. duplicate property omitted from the assessor's lists.

WHEN TAXES PAID. - Taxes may be paid in two install- ments, one on or before the first Monday in May, and the other on or before the first Monday in November, of the year succeed-

'and Jeweler. Has cn hand at all times 2 nice line of Watches Clocks Jewelry and Silver-

Sewing Machine 'Oils, and needles. Pictures Framed to order.

Weil Appointed

Bar in Connection.

Your Patronage solici-

D. H. SCHRADER Batesville Ind,

_ Ing that in wnich the taxes have been assessed. If the fircz _ {nstallment is not paid on or before the first Monday of May then the whole tax becomes delinquent and subject to a penalty of ten per cent; if the delinquency continues until after the first Monday of November an additional penalty of six per cent is added. ;

COLLECTION OF DELINQUENT TAXHES. - After taxes be- come delinquent the county treasurer is required to proceed to make demand for their payment, in case the property owner re- _sides in the county, and on failure to receive the tax he is author- ized to levy upon any personal property he may find and sell the same to make the sum due. In case the delinquent is about to remove from the county the treasurer may levy upon personal property at any time for such taxes. -In case personal property can not be found sufficient to pay taxes due and delinquent, pro- vision is made for sale of real estate for that purpose

PHERSCNS REMOVED FROM COUNTY. - In case a person has removed from the county, leaving taxes unpaid, provision is made by which the county auditor is required to certify the taxes so due to the auditor cf the county to which the delinquent has removed, to be collected in the latter county. _

FIDUCIARINS. - It is made the duty of administrators and others having charge of the estates of decedents, infants, or per- sons of unsound mind, to pay the taxes on property in their cus- tody, and the treasurer may secure such payment through an order of the court to which such fiduciaries report.

LIEN FCR TAXES. - The lien of the state, for all taxes for state, county, schocl, road, or township purposes, attaches on alk real estate, on the first day of April annually; and such lien is. declared to be rerpetual for all taxes due from the owner of such. real estate, which have theretofore accrued or shall thereafter: accrue, whether the taxes be on such real estate or on other prop- erty, with the penalties in each case until payment. Such lien will in no wise be affected or destroyed by any sale or transfer .of the real estate. The only way in which a lien on real estate: for taxes ean be removed is by payment of the taxes; and a per- - sonal liability of some person to pay the tax will not relieve the pro: x from the lien.

HN-LHOLDER MAY PAY. - Any person who has a mortgage or otRer Hen or interest in lands may pay the taxes due thereon, for the protestian cf his lien or interest, and the lien of the taxes so paid vwaill be transferred to the person so paying such taxes. A tenant may thus pay taxes and have the same allowed en rent due by him to his landlord. Z

: aes re en eee z Se he Spats

Consisting of

Dey Goods, Clothing, Boots, Shoes, Hats, Caps, F

| Carpets, Hardware, Groceries

Paints Oils Lime Cement

At Prices that will interest the best Buyers.

SALE OF LANDS FOR TAXES. - After proper notice givem by the county auditor the treasurer will, on the second Monday in February following the year in' which taxes are delinquent, gell-at public sale so much of the lands of the delinquent as neces- sary to pay such delinquent taxes, together with penalties and also current taxes. After the sale the auditor will give to the pur- chaser a certificate entitling him to a deed for the lands, in case there is no redemption from the sale by the owner or some person in interest.

REDEMPTION FROM SALE. - The owner or occupant of land sold for taxes, or any one having an interest therein, may, at any time within two years from the sale, redeem the lands by paying. to the county treasurer the purchase money, with penalty, as fol- lows: If redeemed within six months, the penalty is ten per cent; if redeemed after six months and within one year, fifteen per cent; if after one year and within two years, twenty-five per cent. The redemptioner must also pay all subsequent taxes. with inter- est at six per cent thereon; but in case the purchaser fail to take a tax deed within six months after the expiration of the two years. no interest will be collected from the redemptioner after that date Infants, idiots, and insane persons, may redeem any lands belong- ing to them sold for taxes, within two years after the expiration of such disability. Any person owning a part of lands sold for taxes, or having any specific interest in such lands, may redeem from the sale of such particular interest. ;

WHEN SALE INVALID. - If the sale of lands for taxes be invalid because the lands were not liabie for the tax, or becauss

-. the taxes were already paid, or because the vescription is too im-

perfect, then the money paid will be refun- fed, with interest, by the county treasurer. In case the sale is invalid for causes other than that the land was not liable for the taxes or that they had been paid, then the lien of the taxes will be transferred from the state to the purchaser at such tax sale, and he may enforce such tax lien. Such liens must be enforced within fifteen years. LANDS NOT SO"D. - In case lands offered for sale for taxes. for three years successively are not sold for want of bidders, it is made the duty of the prosecuting attorney to bring suit to fore- close the tax lien in the circuit court and have the lands sold on order of court by the sheriff, as in foreclosure of mortgages. SUITS TO QUIET TITLE. - Any person holding a tax deed for land may bring an action in the circuit court to quiet his title to the same, as in other cases. Should it appear that the title is for any cause invalid, but that the taxes had been due and un-

HENRY COX. Trustée. Otter Creek Tp. C. M. BROWN,.M. D.

paid at the time of the sale, the court will decree a lien for the same, and such lien will be foreclosed and the lands sold in case the judgment is not paid within a time to be fixed by the court.

' TAX NOT INVALID FOR WANT OF FORM. - No general or specific tax authorized by the laws of the state and made by any officer authorized to make assessments, or if made by another adopted by such officer, will be held to be invalid by reason of any defect in form or proceeding which does not affect the merits. of the case or the substantial rights of the party assessed. All - taxes assessed upon any property in the state will be presumed to: be legally assessed until the contrary is affirmatively shown.

COMPROMISE. - By an act approved March 6, 1899, it was provided that whenever, before the first day of January, 1901, the owner of any tract of land heretofore assessed but tnsold for taxes, which remained continuously delinquent for at least three years before said 6th day of March, 1899, offers to pay in cash the full amount of the taxes, with six-per-cent interest on each in- stallment from the date when it became due, but without penalty, costs or other charges, and it appears to the county aduitor, treas- urer, and assessor, that it will be advantageous to the county and state to accept such offer they shall report the offer, with their opinion, to the auditor of state, and, if he notifies the county auditor of his concurrence, it will be the duty of the county treas- -urer to accept the offer made by the land-owner and, on payment of such taxes and interest, to issue a certificate of satisfaction for the same. .

CITY TAXES. - City taxes are assecsed and collected by city officers in the same raanner as state and county taxes. by county officers, so far as the laws in relation to the latter can be made applicable. og

OVERWORKING. - It is made a criminal offense for any owner, agent, overseer, or foreman, of any cotton or woolen fac- tory in this state, to employ or permit to be employed in such factory for more than ten hours a day any person under the age

of eighteen years.

"CHILD UNDER FOURTEEN. - The statute forbids any per- son, firm, corporation, or association, engaged in manufacturing iron, steel, nails, metals, machinery, or tobacco, from employing. pny child under fourteen years of age in such factory. a

EIGHT HOURS. - In any case where it may be lawful to eme ploy a child under fourteen years of age in a factory, it is made ®

Jesse French. Mrs. E. F. Kerr.

Feed=and=Livery=Stable, = Undertakerseand=Embalmers, =

Successors to J. S. French.

The oldest Funeral Directory. The-first Licensed Embalmer _

in Deartcrn and Ripley County..We thank our patrons for

their liberal patronage inthe past, and solicit the continu- |

ance ofsame. GOOD RIGS, REASONABLE RATES.

penal offense to have such child work more than eight houses a day in such factory. e

_ SCRUELTY TO CHILDREN. - It is a misdemeanor, punishable 'by fine and imprisonment, to cruelly ill- treat, abuse, overwevk, or inflict unnecessary cruel punishment, upon any child, or for any person having the custcdy of a child to wilfully abandon or neg- lect it, or to dispose of it for any unlawful purpose, or to suffer it - 'to engage in any improper or indecent occupation. Any person 'employing any child under twelve years of age in any mines or 'other underground work may be punished in like manner.

TRUANT OFFICERS. - Provision is made by law for the ap- ipointment of truant officers whose duty it is to see that all chil- 'dren between the ages of six and fourteen years of age, except 'certain classes named, attend some school fer a certain period in 'each year, not less in any case than twelve consecutive weeks.

LAWFUL FENCE. - Any structure, hedge, or ditch, in the na- 'ture of a fence, used for purposes of enclosure, which is such as good husbandmen generally keep, and as shall, on the testimony Of skillful men, appear to be sufficient, will be deemed to be a lawful fence. 'This definition applies to outside, not to paxtitien, fences. The parties to a partition fence are equally bowad to Maintain it; either may repair it and enforce contribution from tthe other; and where neither does so, the common-law rule, that the owner of cattle is bound to confine them upon his own land,

-TRESPASSING ANIMAL. - In case a domestic animal break

into an enclosure the owner of the premises may recover damages if such premises are enclosed by a lawful fence. He may also re- 'cover, Whe:her he have a lawful fence or not, provided animals 'have not been rermitted to run ui large by order of the board of

TAKING UP AS AN ESTRAY. - Vy hen any domestic animal

breaks into the enclosure of any person, Suv. person, without re- gard to the season of the year, may take up such animal as if an estray, whether the owner be known to him or not.

NOTICE TO OWNER. - Such taker-up must within twenty- four hours give notice to the owner, if known, and if he can im-

mediately be found. ASSESSMENT OF DAMAGES. - Such rerun before posting

or advertising, must procure, from two disinterested freeholders, an examination and. assessment of damages, with a certificate of "the same, including reasonable pay for such assessment. When personal notice is given the owner, posting or advertising is not

Grocer ies

Hardware Turkeys

Queens- and all

his produce business amounted to $7473.24 In the year of 19)! to 1902 one year amounted} to $89246. 28 Thankirg you for past favors and ask- ing a share of ycur future patronage, Iremain yours, *

'WHAT MUST BE STATED IN NOTICE. - Theé notice or ad- '"vertisement must specify the fact of trespass, the damages as- OBLIGATION OF OWNER. - The owner, before being entitled | ito reclaim his property, must, as in the case of estrays, proceed' 'to prove his ownership and make payment of costs and damages *.

TRIAL BEFORE JUSTICE. - If£ the owner disputes the fact "of trespass or the amount of damages, he may, within five st ks have the questions tried before a justice of the peace.

PARTITION FENCES. - A lawful partition fence is a nttaieee board, a straight wire, a straight board and wire, a picket, or a -hedge fence, four feet in height; a straight rail fence four and one- ihali feet high; a worm rail fence five feet high; end all fences of -every structure to be sufficiently tight and strong to hold hogs, Sheep, cattle, mules, and horses. Partition fences dividing lands 'occupied on both sides, except waste land and unenclosed wood- 'land, are to be maintained throughcut the year equally by the 'Owners or occupants of said lands: Provided, A special arrange- 'ment may be made between such adjoining owners or occupants 'to divide such partition fence, each party to build, rebuild, repair, .and maintain, the portion assigned to him by such agreement. The statute relating to the recovery of damages when animals ibreak through "a lawful fence," as hereinbefore cefined, does not -apply to partition fences. If a person enclosing lands uses the '€ence of an adjoining land-owner,. so as to make it a partition -fence, he becomes liable for one-half the value thereof. Parol contracts for keeping partition fences in repair ave valid.

age TO MAINT -e either party f2il te maintain chis sha rtition fen other may give the owner three 4A. \ that 'he w- the township trustee ot the town» rich such 0.- Jand is situated to ex- amine ths 1 oat the trustee const che fence insufficient he

will preceed te repair it, and the costs of such repair will be a 'lien on the said lands, to be enforced and collected as other liens. "The party to whom the notice is given will first Lave twenty days within which to make the repairs himself. In case he does not -do so, the party complaining msy himself make the ~crsizs =" -collect the cost from the other, with ten-per-cent uusuges. c- suit for the collecticn of such assessment and amages, the -amount of the same may be questioned.

JOINING FENCES. - No person enclosing lands that have

and Builders,

We are prepaired to furnish MATERIAL for your buil I-

ing from foundation to ec mb

or will take your

John Meyer.

at a small profit and Gaurantee first class

work, Give us a call.

John Meyer and Bro.

Frank Meyer

heretofore been open has ang right to join his fence to that of another, except by consent. If no consent be given each may build a fence on his own Jand, leaving a lane between the two fences.

'REMOVAL OF PARTITION FENCE. - When an owner or 0c- cupant of:land ceases.to:use it, or wishes,to lay it open, he will not be allowed to remove any part of his fence forming a partition between his lands and those of another, until he has first given the other six months' notice of such intent. No such partition fence can be removed while a crop remains ungathered or unsecured, or until, with reasonable diligence, it might be so gathered or secured. In case a fence has been set on the land of another by mistake, such fence may be removed without rendering the builder liable for trespass.

OVERFLOWED LANDS. - Special provisions are made by law for the erection and removal of fences on overflowed lands; and also for the recovery of fences or other property carried off by

HEDGE FEN CES. - All hedge or live fences along the line of any highway must be cut and trimmed down to a height not ex- ceeding five feet, and a width not exceeding three feet, once in each year. Township trustees are charged with the duty of seeing that such live fences are so eared for; and the prosecuting attor- mey is required to bring suit, if necessary, in the name of the state and on #ffe relation of such township trustee, to compel Jand owners to make such repairs.

FENCING COMPANIES. - The statute authorizes the forma- tion of fencing corporations for the purpose of enclosing under one general fence lands improved, used for purposes of cultiva- tion, and situated in a definite area and upon or near streams, ponds, or lakes, and subject to overflow therefrom. Such associa-