Coles County, Illinois - The whole text, 1879 (part 4 of 21)

Second. Where there is no child, nor descendant of such child, and no widow or surviving husband, then to the parents, brothers and sisters of the deceased, and their descendants, in equal parts, the surviving parent, if either be dead, taking a double portion ; and if there is no parent living, then to the brothers and sisters of the intestate and their descendants.

Third. When there is a widow or surviving husband^ and no child or children^ or descendants of the same, then one-half of the real estate and the whole of the personal estate shall descend to such widow or surviving husband, absolutely, and the other half of the real estate shall descend as in other cases where there is no child or children or descendants of the same.

Fourth. When there is a widow or surviving husband and also a child or children., or descendants of the latter, then one third of all the personal estate to the ividow or surviving husbarid absolutely.

Fifth. If there is no child, parent, brother or sister, or descendants of either of them, and no widow or surviving husband, then in equal parts to the next of kin to the intestate in equal degree. Collaterals shall not be represented except with the descendants of brothers and sisters of the intestate, and there shall be no distinction between kindred of the whole and the half blood.

Sixth. If any intestate leaves a ividoiv or surviving husband and no kindred, then to such widoio or surviving husband ; and if there is no such widow or surviving husband, it shall escheat to and vest in the county where the same, or the greater portion thereof, is situated.

Wills And Estates Of Deceased Persons

No exact form of words are necessary in order to make a will good at law. Every male person of the age of tiventy-one years, and qyqvj female of the age of eighteen years, of sound mind and memory, can make a valid will ; it must be in ivriting, signed by the testator or by some one in his or her presence and by his or her direction, and attested by two or more credible witnesses. Oare should be taken that the tvitnesses are not interested in the will. Persons knoiving themselves to have been named in the will or appointed executor, must within thirty days of the death of deceased cause the will to be proved and recorded in the proper county, or present it, and refuse to accept; on failure to do so are liable to forfeit the sura of twenty dollars per month. Inventory to be made by executor or administrator within three months from date of letters testamentary or of administration. Executors' and administrators' compensation not to exceed six per cent, on amount of personal estate, and three per cent, on money realized from real estate, with such additional allowance a? shall be reasonable for extra services. Appraisers' compensation $2 pei" day.

Notice requiring all claims to be presented against the estate shall b^ given by the executor or administrator within six months of being qualified. Any person having a claim a7id 7iot presenting it at the time fixed by said notice is required to have summons issued notifying the executor or administrator of his having filed his claim in court ; in such cases the costs have to be paid by the claimant. Claims should be filed within two years from the time administration is granted on an estate, as after that time they are forever barred^ unless other estate is found that was not inventoried. Married women^ infants^ persons insane, imprisoned or without the United States, in the employment of the United States, or of this State, have two years after their disabilities are removed to file claims.

Fifth. All expenses of proving the will and taking out letters testamentary or administration, and settlement of the estate, and the physician s bill in the last illness of deceased.

Sixth. Where the deceased has received money in trust for any purpose, his executor or administrator shall pay out of his estate the amount received and not accounted for.

Seventh. All other debts and demands of whatsoever kind, without regard to quality or dignity, which shall be exhibited to the court within two years from the granting of letters.

The tvidoiv if she elects may have in lieu of the said award, the same personal property or money in place thereof as is or may be exempt from, execution or attachment against the head of a family.

Assessments should be completed before the fourth Monday in June., at which time the town board of review meets to examine assessments, hear objections., and make such changes as ought to be made. The county board have also power to correct or change assessmerits.

The tax books are placed in the hands of the town collector on or before the tenth day of December, who retains them until the tenth day of March following, when he is required to return them to the county treasurer, who then collects all delinquent taxes.

No costs accrue on real estate taxes till advertised, which takes place the first day of April, when three weeks' notice is required before judgment. Cost of advertising, twenty cents each tract of land, and ten cents each lot.

Judgment is usually obtained at May term of County Court. Costs six cents each tract of land, and five cents each lot. Sale takes place in June. Costs in addition to those before mentioned, twenty-eight cents each tract of land, and twenty-seven cents each town lot.

Meal estate sold for taxes may be redeemed any time before the expiration of two years from the date of sale, by payment to the County Clerk of the amount for which it was sold and twenty-five per cent, thereon if redeemed within six months, fifty per cent, if between six and twelve months, if between twelve and eighteen months seventy-five per cent., and if between eighteen months and two years one hundred per cent.,, and in addition, all subsequent taxes paid by the purchaser, with ten per cent, interest thereon, also one dollar each tract if notice is given by the purchaser of the sale, and a fee of twenty-five cents to the clerk for his certificate.

Jurisdiction Of Courts

Justices have jurisdiction in all civil cases on contracts for the recovery of moneys for damages for injury to real property, or taking, detaining, or injuring personal property ; for rent; for all cases to recover damages done real or personal property* by railroad companies, in actions of replevin, and in actions for damages for fraud in the sale, pturchase, or exchange of pergonal property, when the amount claimed as due is not over 8200. They have also jurisdiction in all cases for violation of the ordinances of cities, toivns or villages. A justice of the peace may orally order an officer or a private person to arrest any one committing or attempting to commit a criminal offense. He also upon complaint can issue his warrant for the of any person accused of having committed a crime, and have him brought before him for examination.

County Courts

Have jurisdiction in all matters of probate (except in counties having a population of one hundred thousand or over), settlement of estates of deceased persons, appointment of guardians and conservators, and settlement of their accounts ; all matters relating to apprentices ; proceedings for the collection of taxes and assessments, and in proceedings of executors^ guardians and conservators for the sale of real estate. In law cases they have concurrent jurisdiction with Circuit Courts in all cases where justices of the peace now have, or hereafter may have, jurisdiction when the amount claimed shall not exceed 81,000, and in all criminal offenses where the punishment is not imprisonynent in the penitentiary, or death, and in all cases of appeals from justices of the peace and police magistrates; excepting when the county judge is sitting as a justice of the peace. Circuit Courts have unlimited jurisdiction.

Limitation Of Action

Accounts jive years. Notes and written contracts ten years. Judgments twenty years. Partial payments or new promise in writing, within or after said period, wiMrevive the debt. Absence from the State deducted, and when the cause of action is barred by the law of another State, it has the same effect here. Slander and libel, one year. Personal injm-ies, two years. To recover land or make entry thereon, tiventy years. Action to foreclose mortgage or trust deed, or make a sale, within ten years.

All persons in possession of land, and paying taxes for seven consecutive years, with color of title, and all persons paying taxes for seven consecutive years, with color of title, on vacant land, shall be held to be the legal owners to the extent of their paper title.

Married Women

JMfay sue and be sued. Husband and wife not liable for each other^s debts^ either before or after marriage, but both are liable for expenses and education of the family.

She may contract the same as if unmarried^ except that in a partnership business she can not, without consent of her husband, unless he has abandoned or deserted her, or is idiotic or insane, or confined in penitentiary ; she is entitled and can recover her own earnings, but neither husband nor wife is entitled to compensation for any services rendertjd for the other. At the death of the husband, in addition to widow's award, a married woman has a dower interest (one-third) in all real estate owned by her husband after their marriage, and which has not been released by her, and the husband has the same interest in the real estate of the wife at her death.

Exemptions From Forced Sale

Home tvorth $1,000, and the following Personal Property : Lot of ground! and buildings thereon, occupied as a residence by the debtor, being a householder and having a family, to the value of $1,000. Exemption continues after the death of the householder for the benefit of widow and family, some one of them occupying the homestead until youngest child shall become twenty-one years of age, and until death of widow. There is no exemption from sale for taxes, assessments, debt or liability incurred for the purchaseor improvement of said homestead. No release or waiver of exemption isvalid, unless in writing, and subscribed by such householder and v/ife (if he have one), and acknowledged as conveyances of real estate are required to be acknowledged. The following articles of personal property owned by the debtor, are exempt from execution, writ of attachment, and distress for rent : The necessary ivearing apjyarel. Bibles, school books and family pictures of every person ; and, 2d, one hundred dollars worth of other property to be selected by the debtor, and, in addition, when the debtor is the head of a family and resides with the same, three hundred dollarsworth of other property to be selected by the debtor ; provided that such selection and exemption shall not be made by the debtor or allowed tohim or her from any money, salary or wages due him or her from any person or persons or corporations whatever.

When the head of a family shall die, desert or not reside with the same, the family shall be entitled to and receive all the benefit and privileges which are by this act conferred upon the head of a family residing with the same. No personal property is exempt from execution when judgment is obtained for the wages of laborers or servants. Wages of a laborer who is the head of a family can not be garnisheed, except the sum. due him be in excess of $25.

Abstract Of Illinois State Laws Deeds And Mortgages

To he valid there must he a valid consideration. Special care should be taken to have them signed, sealed, delivered, and properly acknowledged, with the proper seal attached. Wit^iesses are not required. The acknowledgement must be made in this state, before Master in Chancery^ Notary Puhlic, United States Commissioner .^ Circuit or County Clerk, Justice of Peace, or any Court of Record haviiig a seal, or any Judge, Justice, or Clerk of any such Court. When taken before a Notary Public, or United States Commissio7ier, the same shall be attested by his official seal, when taken before a Court or the Clerk thereof, the same shall be attested by the seal of such Court, and when taken before a Justice of the Peace residing out of the county where the real estate to be conveyed lies, there shall be added a certificate of the County Clerk under his seal of office, that he was a Justice of the Peace in the county at the time of taking the same. A deed is good without such certificace attached, but can not be used in evidence unless such a certificate is produced or other competent evidence introduced. Acknowledgements made out of the state must either be executed according to the laws of this state, or there should be attached a certificate that it is in conformity with the laws of the state or country where executed. Where this is not done the same may be proved by any other legal way. Acknowledgments where the Homestead rights are to be waived must state as follows : " Including the release and waiver of the right of homestead."

In the case of the death of grantor or holder of the equity of redemption of real estate mortgaged, or conveyed by deed of trust where equity of redemption is waived, and it contains power of sale, must be foreclosed in the same manner as a common mortgage in court.

Horses, mules, asses, neat cattle, swine, sheep, or goats found straying at any time during the year, in counties where such animals are not allowed to run at large, or between the last day of October and the 15th day of April in other counties, the oivner thereof being unknown, may he taken up as estrays.

No person not a householder in the county where estray is found can lawfully take up an estray, and then only upon or about his farm or place of residence. Estrays should not he used before advertised, except animals giving milk, which may be milked for their benefit.

Notices must be posted up within five (5) days in tliree (3) of the most public places in the town or precinct in which estray was found, giving the residence of the taker up, and a particular description of the estray, its age, color, and marks natural and artificial, and stating before what justice of the peace in such town or precinct, and at what time, not less than ten (10) nor more than fifteen (15) days from the time of posting such notices, he will apply to have the estray appraised.

A copy of such notice should be filed by the taker up with the totvn clerk, whose duty it is to enter the same at large, in a hook kept by him for that purpose.

If the owner of estray shall not have appeared and proved ownership, and taken the same away, first paying the taker up his reasonable charges for taking up, keeping, and advertising the same, the taker up shall appear before the justice of the peace mentioned in above mentioned notice, and make an affidavit as required by law.

As the affidavit has to he made hefore the justice, and all other steps as to appraisement, etc., are before him, who is familiar therewith, they are therefore omitted here.

Any person taking up an estray at any other place than about or upon his farm or residence, or without complying with the law, shall forfeit and pay a fine of ten dollars with costs.

Game

It is unlawful for any person to kill, or attempt to kill or destroy, in any manner, any prairie hen or chicken or woodcock between the 15th day of January and the 1st day of September ; or any deer, fawn, wild-turkey, partridge or pheasant between the 1st day of February and the 1st day of October ; or any quail between the 1st day of February and 1st da}^ of November ; or any wild goose, duck, snijDe, brant or other water fowl between the 1st day of May and 15tli day of August in each year. Penalty : Fine not less than $5 nor more than $25, for each bird or animal, and costs of suit, and stand committed to county jail until fine is paid, but not exceeding ten days. It is unlawful to hunt with gun, dog or net within the inclosed grounds or lands of another tvithout permission. Penalty: Fine not less than $3 nor more than $100, to be paid into school fund.

Weights And Measures

Whenever any of the following articles shall be contracted for, or sold or delivered, and no special contract or agreement shall be made to the contrary, the weight per bushel shall be as follows, to-wit :

The owner or occuiDant of every public grist mill in this state shall grind all grain brought to his mill in its turn. The toll for both steam and ivater mills, is, for grinding and bolting wheats rye^ or other grain, one eighth part; for grinding Indian corn, oats, barley and huckivheat not required to be bolted, one seventh part; for grinding malt, and chojyping all kinds of grain, one eighth part. It is the duty of every miller when his mill is in repair, to aid and assist in loading and unloading all grain brought to him to be ground, and he is also required to keep an accurate half bushel measure, and an accurate set of toll dishes or scales for weighing the grain. The penalty for neglect or refusal to comply with the law is 85, to the use of any person to sue for the same, to be recovered before any justice of the peace of the county where penalty is incurred. Millers are accountable for the safe keeping of all grain left in his mill for the purpose of being ground, with bags or casks containing same (except it results from unavoidable accidents), provided that such bags or casks are distinctly marked with the initial letters of the owner's name.

Marks And Brands

Owners of cattle, horses, hogs, sheep or goats may have one earmark and one brand, but which shall be different from his neighbor's, and may be recorded by the county clerk of the county in which such property is kept. The fee for such record is fifteen cents. The record of such shall be open to examination free of charge. In cases of disputes as to marks or brands-, such record is vrima facie evidence. Owners of cattle, horses, hogs, sheep or goats that may have been branded by the former oivner, may be re-branded in presence of one or more of his neighbors, who shall certify to the facts of the marking or branding being done, when done, and in what brand or mark they were re-branded or re-marked, which certificate may also be recorded as before stated.

Adoption Of Children

Children may be adopted by any resident of this state, by filing a petition in the Circuit or County Court of the county in which he resides, asking leave to do so, and if desired may ask that the name of the child be changed. Such petition, if made by a person having a husband or wife, will not be granted, unless the husband or wife joins therein, as the adoption must be Iw them jointly.

The jyetition shall state name, sex, and age of the child, and the new name, if it is desired to change the name.' Also the name and residence of the parents of the child, if known, and of the guardian, if any, and whether the parents or guardians consent to the adoption.

The court must find, before granting decree, that the parents of the child, or the survivors of them, have deserted his or her family or such child for one year next preceding the application, or if neither are living, the guardian ; if no guardian, the next of kin in this state capable of giving consent, has had notice of the presentation of the petition and consents to such adoption. If the (f!iild is of the age oi fourteen years or upwards, the adoption can not be made without its consent.

Surveyors And Surveys

There is in every county elected a surveyor known as county surveyor, who has power to appoint deputies, for whose official acts he is responsible. It is the duty of the county surveyor, either by himself or his deputy, to make all surveys that he may be called upon to make within his county as soon as may be after application is made. The necessary chainmen and other assistance must be employed bythe person requiring the same to be done, and to be by him paid, unless otherwise agreed ; but the chainmen must be disinterested persons and approved by the surveyor and sworn by him to measure justly and impartially.

The County Board in each county is required by law to provide a copy of the United States field notes and plats of their surveys of the lands in the county to be kept in the recorder's office subject to examination by the public, and the county surveyor is required to make his surveys in conformity to said notes, plats and the laws of the United States governing such matters. The surveyor is also required to keep a record of all surveys made by him, which shall be subject to inspection by any one interested, and shall be delivered up to his successor in office. A.

The fees of county surveyors are six dollars per day. The county surveyor is also ex officio inspector of mines, and as such, assisted by some practical miner selected by him, shall once each year inspect all the mines in the county, for which they shall each receive such compensation as may be fixed by the County Board, not exceeding $5 a day, to be paid out of the county treasury.

Roads And Bridges

Where practicable from the nature of the ground, persons traveling in any kind of vehicle, must turn to the right of the center of the road, so as to permit each carriage to pass without interfering with each other. The penalty for a violation of this provision is $5 for every offense, to> be recovered by the party injured ; but to recover, there must have occurred some injury to person or property resulting from the violation.. The owners of any carriage traveling upon any road in this State for the conveyance of passengers who shall employ or continue in his employment as driver any person who is addicted to drunkenness, or the excessive use of spiritous liquors, after he has had notice of the same, shall forfeit, at therate of $5 per day, and if any driver while actually engaged in driving any such carriage, shall be guilty of intoxicqtioyi to such a degree as to endanger the safety of passengers, it shall be the duty of the owner, on receiving 'written notice of the fact, signed by one of the passengers, and certified by him on oath, forthwith to discharge such driver. If such owner shall have such driv6r in his employ ivithin three months after such notice, he is liable for $5 per day for the time he shall keep said driver in his employment after receiving such notice.

Persons driving any carriage on any public highway are prohibited from running their horses upon any occasion under a penalty of a fine not exceeding $10, or imprisonment not exceeding sixty days, at the discretion of the court. Horses attached to any carriage used to convey passengers for hire must be properly hitched or the lines placed in the hands of some other person before the driver leaves them for any purpose. For violation of this provision each driver shall forfeit twenty dollars, to be recovered by action, to be commenced within six months. It is understood by the ter')n carriage herein to mean any carriage or vehicle used for the transportation of passengers or goods or either of them.

The commissioners of highways in the different tov/ns have the careand superintendence of highways and bridges therein. They have all the powers necessary to lay out, vacate, regulate and repair all roads*' build and repair bridges. In addition to the above, it is their duty to tjrect and keep in rei:)air at the forks or crossing-place of the most important roads post and guide boards with plain inscriptions, giving -directions and distances to the most noted places to which such road may lead ; also to make provisions to prevent thistles, burdock, and cockle burrs, mustard, yellow dock, Indian mallow and jimson weed from seeding, and to extirpate the same as far as practicable, and to prevent all rank growth of vegetation on the public highways so far as the same may obstruct public travel, and it is in their discretion to erect watering places for public use for watering teams at such points as may be deemed

The Commissioners, on or before the 1st day of May of each year, shall make out and deliver to their treasurer a list of all able-bodied men in their town, exceptirig paupers, idiots, lunatics, and such others as are exempt by law, and assess against each the sum of two dollars as a poll tax for highway purposes. Within thirty days after such list is delivered they shall cause a written or printed notice to be given to each person so assessed, notifying him of the time when and place where such tax must be paid, or its equivalent in labor performed ; they may contract with persons owing such poll tax to perform a certain amount of labor on any road or bridge in payment of the same, and if such tax is not paid nor labor performed by the first Monday of July of such year, or within ten days after notice is given after that time, they shall bring suit therefor against such person before a justice of the peace, who shall hear and determine the case according to law for the offense complained of, and shall forthwith issue an execution, directed to any constable of the county where the delinquent shall reside, who shall forthwith collect the moneys therein mentioned.

The Commissioners of Highways of each town shall annually ascertain, as near as practicable, how much money must be raised by tax on real and personal property for the making and repairing of roads, only, to any amount they may deem necessary, not exceeding forty cents on each one hundred dollars' worth, as valued on the assessment roll of the previous year. The tax so levied on property lying witliin an incorporated village, town or city, shall be paid over to the corporate authorities of such town, village or city. Commissioners shall receive $1.50 for each day necessarily employed in the discharge of their duty.

Overseers. At the first meeting the Commissioners shall choose one of their number to act General Overseer of Highways in their township, whose duty it shall be to take charge of and safely keep all tools, implements and machinery belonging to said town, and shall, by the direction of the Board, have general supervision of all roads and bridges in their town.

As all township and county officers are familiar with their duties, it is only intended to give the points of the law that the public should be familiar with. The manner of laying out, altering or vacating roads, etc., will not be here stated, as it would require more space than is contemplated in a work of this kind. It is sufficient to state that, the first step is by petition, addressed to the Commissioners, setting out what is prayed for, giving the names of the owners of lands if known, if not known so state, over which the road is to pass, giving the general course, its place of beginning, and where it terminates. It requires not less than twelve freeholders residing within three miles of the road who shall sign the petition. Public roads must not be less than fifty feet wide, nor more than sixty feet wide. Roads not exceeding two miles in length, if petitioned for, may be laid out, not less than forty feet. Private roads for private and public use, may be laid out af the width of three rods, on petition of the person directly interested ; the damage occasioned thereby shall be paid by the premises benefited thereby, and before the road is opened. If not opened in two years, the order shall be considered rescinded. Commissioners in their discretion may permit persons wholive on or have private roads, to work out their road tax thereon. Public roads must be opened in five days from date of filing order of location^ or be deemed vacated.

Drainage

Whenever one or more owners or occupants of land desire to construct I drain or ditch across the land of others for agricultural, sanitary or mining purposes, the proceedings are as follows :

File a petition in the Circuit or County Court of the county in which the proposed ditch or drain is to be constructed, setting forth the necessity for the same, with a description of its proposed starting point, route and terminus, and if it shall be necessary for the drainage of the land or coal mines or for sanitary purposes, that a drain, ditch, levee or similar work be constructed, a description of the same. It shall also set forth the names of all persons owning the land over which such drain or ditch shall be constructed, or if unknown stating that fact.

No private property shall be taken or damaged for the purpose of constructing a ditch, drain or levee, without compensation, if claimed by the owner, the same to be ascertained by a jury; but if the construction of such ditch, drain or levee shall be a benefit to. the owner, the same shall be a set off against such compensation.

If the proceedings seek to affect the property of a minor, lunatic or married woman, the guardian, conservator or husband of the same shall be made party defendant. The petition may be amended and parties made defendants at any time when it is necessary to a fair trial.

When the petition is presented to the judge, he shall note therein when he will hear the same, and order the issuance of summonses and the publication of notice to each non-resident or unknown defendant.

The petition may be heard by such judge in vacation as well as in term time. Upon the trial, the jury shall ascertain the just compensation to each owner of the property sought to be damaged by the construction of such ditch, drain or levee, and truly report the same.

As it is only contemplated in a work of this kind to give an abstract of the laws, and as the parties who have in charge the execution of the further proceedings are likely to be familiar with the requirements of the statute, the necessary details are not here inserted.

Wolf Scalps

Any person claiming a bounty shall produce the scalp or scalps with the ears thereon, within sixty days after the wolf or wolves shall have been caught, to the Clerk of the County Board, who shall administer to s'did person the following oath or affirmation, to-wit: "You do solemnly swear (or affirm, as the case may be), that the scalp or scalps here produced by you was taken from a wolf or wolves killed and first captured by yourself within the limits of this county, and within the sixty days last past."

When the reversion expectant on a lease of any tenements or hereditaments of any tenure shall be surrendered or merged, the estate which shall for the time being confer as against the tenant under the same lease the next vested right to the same tenements or hereditaments, shall, to the extent and for the purpose of preserving such incidents to and obligations on the same reversion, as but for the surrender or merger thereof, would have subsisted, be deemed the reversion expectant on the same lease.

Every poor person who shall be unable to earn a livelihood in consequence of any bodily infirmity^ idiocy, lunacy or unavoidable cause, shall be supported by the father, grand-father, mother, grand-mother, children, grand-children, brothers or sisters of such poor person, if they or either of them be of sufficient ability ; but if any of such dependent class shall have become so from intemperance or other bad conduct, they shall not be entitled to support from any relation except parent or child.

The ciiildren shall first be called on to support their parents, if they are able ; but if not, the parents of such poor person shall then be called on, if of sufficient ability ; and if there be no parents or children able, then the brothers and sisters of such dependent person shall be called upon ; and if there be no brothers or sisters of sufficient ability, the grand-children of such person shall next be called on ; and if they are not able, then the grand-parents. Married females, while their husbands live, shall not be liable to contribute for the support of their poor relations except out of their separate property. It is the duty of the state's (county) attorney, to make complaint to the County Court of his county against all the relatives of such paupers in this state liable to his support and prosecute the same. In case the state's attorney neglects, or refuses, to complain in such cases, then it is the duty of the overseer of the poor to do so. The person called upon to contribute shall have at least ten days' notice of such application by summons. The court has the power to determine the kind of support, depending upon the circumstances of the parties, and may also order two or more of the different degrees to maintain such poor person, and prescribe the proportion of each, according to their ability. The court may specify the time for which the relative shall contribute - in fact has control over the entire subject matter, with power to enforce its orders. Every county (except those in which the poor are supported by the towns, and in such cases the towns are liable) is required to relieve and support all poor and indigent persons laivfuUy resident therein. Residence means the actual residence of the party, or the place where he was employed ; or in case he was in no employment, then it shall be the place where he made his home. When any person becomes chargeable as a pauper in any county or town who did not reside at the commencement of six months immediately preceding his becoming so, but did at that time reside in some other county or town in this state, then the county or town, as the case may be, becomes liable for the expense of taking care of such person until removed, and it is the duty of the overseer to notify the proper authorities of the fact. If any person shall bring and leave any pauper in any county in this state where such pauper had no legal residence, knowing him to be such, he is liable to a fine of $100. In counties under township organization, the supervisors in each town are ex-officio overseers of the poor. The overseers of the poor act under the directions of the County Board in taking care of the poor and granting of temporary relief; also, providing for non-resident persons not paupers who may be taken sick and not able to pay their way, and in case of death cause such person to be decently buried.

In counties under township organization, the town assessor and commissioner of highways are the fence-viewers in their respective towns. In other counties the County Board appoints three in each precinct annually. A laiofid fence is four and one -half feet high, in good repair, consisting of rails, timber, boards, stone, hedges, or whatever the fenceviewers of the town or precinct where the same shall lie, shall consider equivalent thereto, but in counties under township organization the annual town meeting may establish any other kind of fence as such, or the County Board in other counties may do the same. Division fences shall be made and maintained in just proportion by the adjoining owners, except when the owner shall choose to let his land lie open, but after a division fence is built by agreement or otherwise, neither party can remove his part of such fence so long as he may crop or use such land for farm purposes, or without giving the other party one year's notice in writing of his intention to remove his portion. When any person shall enclose his land upon the enclosure of another, he shall refund the owner of the adjoining lands a just proportion of the value at tljat time of such fence. The value of fence and the just proportion to be paid or built and maintained by each is to be ascertained by two fence-viewers in the town or precinct. Such fenceviewers have power to settle all disputes between different owners as to fences built or to be built, as well as to repairs to be made. Each party chooses one of the viewers, but if the other party neglects, after eight days' notice in writing, to make his choice, then the other party may select both. It is sufficient to notify the tenant or party in possession, when the owner is not a resident of the town or precinct. The two fence-viewers chosen, after viewing the premises, shall hear the statements of the parties , in case they can't agree, they shall select another fence-viewer to act with them, and the decision of any two of them is final. The decision must be reduced to writing, and should plainly set out description of fence and all matters settled by them, and must be filed in the office of the town clerk in counties under township organization, and in other counties with the county clerk.

Where any person is liable to contribute to the erection or the repairing of a division fence, neglects or refuses so to do, the party injured, after giving sixty days notice in writing when a fence is to be erected, or ten days when it is only repairs, may proceed to have the work done at the expense of the party whose duty it is to do it, to be recovered from him with costs of suit, and the party so neglecting shall also be liable to the party injured for all damages accruing from such neglect or refusal, to be determined by any two fence-viewers selected as before provided, the appraisement to be reduced to writing and signed.

Where a person shall conclude to remove his part of a division fence, and let his land lie open, and having given the year's notice required, the adjoining owner may cause the value of said fence to be ascertained by fence-viewers as before provided, and on payment or tender of the amount of such valuation to the owner, it shall prevent the removal. A party removing a division fence without notice is liable for the damages accruing thereby.

"Where a fence has been built on the land of another through mistake, the owner may enter upon such premises and remove his fence and material within oix months after the division line has been ascertained. Where the material to build such a fence has been taken from the land on which it was built, then before it can be removed, the person claiming must first pay for such material to the owner of the land from which it was taken, nor shall fc;uch a fence be removed at a time when the removal will throw open or expose the crops of the other party ; a reasonable time must be given beyond the .six months to remove crops.

The compensation of fence-viewers is one dollar and fifty cents a day each, to be paid in the first instance by the party calling them, but in the end all expenses, including amount charged by the fence-viewers, must be paid equally b}'- the parties, except in cases where a party neglects or refuses to make or maiiktain a just; proportion of a division fence, when the party in default shall pay them.

Damages From Trespass

Where stock of any kind breaks into any person's enclosure, the fence being good and sufficient, the owner is liable for the damage done ; but where the damage is done by stock running at large, contrary to law, the owner is liable where tht^re is not such a fence. Where stock is found trespassing on the enclosure of another as aforesaid, the owner oi occupier of the premises may take possession of such stock and keep the same until damages, with reasonable charges for keeping and feeding and all costs of suit, are paid. Any person taking or rescuing such stock so held without his consent, shall be liable to a fine of not less than three nor more than five dollars for each animal rescued, to be recovered by suit before a justice of the peace for the use of the school fund. Within twenty-four hours after taking such animal into his possession, the person taking it up must give notice of the fact to the owner, if known, or if unknown, notices must be posted in some public place near the premises.

Landlord And Tenant

Third. When j)ossession is obtained under an agreement, written or verbal, for the purchase of the premises and before deed given, the right to possession is terminated by forfeiture on con-compliance with the agreement, and possession is wrongfully refused or neglected to be giver, upon demand made in writing by the party entitled thereto. Provided that all payments made by the vendee or his representatives or assigns, may be set off against the rent.

Fourth. When land has been sold upon a judgment or a decree of court, when the party to such judgment or decree, or person liolding under him, wrongfully refuses, or neglects, to surrender possession of the same, after demand in writing by the person entitled to the possession.

Fifth., When the lands have been sold upon a mortgage or trust deed, and the mortgagor or grantor or person holding under him, wrongfully refuses or neglects to surrender possession of the same, after demand in writing by the person entitled to the possession.

If any tenant, or any person who shall come into possession from or undeV or by collusion with such tenant, shall willfully hold over any lands, etc., after the expiration the term of their lease, and after demand made in writing for the possession thereof, is liable to pay double rent. A tenancy from 3'ear to year requires sixty days notice in writing, to terminate the same at the end of the year ; such notice can be given at any time within four months preceding the last sixty days of the year.

A tenancy by the month, or less than a year, where the tenant holds over without any special agreement, the landlord may terminate the tenancy, by thirty days notice in writing.

When rent is due, the landlord may serve a notice upon the tenant, stating that unless the rent is paid within not less than five days, his lease will be terminated ; if the rent is not paid, the landlord may consider the lease ended. When default is made in any of the terms of a lease, it shall not be necessary to give more than ten days notice to quit or of the termination of such tenancy ; and the same may be terminated on giving such notice to quit, at any time after such default in any of the terms of such lease ; which notice may be substantially in the following form, viz: in (here insert the character of the default), of the premises now occupied by you, being etc. (here describe the premises), I have elected to determine your lease, and you are hereby notified to quit and deliver up possession of the same to me within ten days of this date (dated, etc.)

pn/ited, or partly either, copy thereof to the tenant, or leaving the same with some person above the age of twelve years residing on or in possession of the premises ; and in case no one is in the actual possession of the said premises, then by posting the same on the premises. When the tenancy is for a certain time, and the term expires by the terms of the lease, the tenant is then bound to surrender possession, and no notice to quit or demand of possession is necessar3\

Distress for rent. - In all cases of distress for rent, the landlord, by himself, his agent or attorney, may seize for rent any personal property of his tenant that may be found in the county where the tenant resides ; the property of any other person, even if found on the premises, is not liable.

An inventory of the property levied upon, with a statement of the amount of rent claimed, should be at once filed with some justice of the peace, if not over $200 ; and if above that sum, with the clerk of a court of record of competent jurisdiction. Property may be released, by the party executing a satisfactory bond for double the amount.

In all cases where the premises rented shall be sub-let, or the lease assigned, the landlord shall have the same right to enforce lien against such lessee or assignee, that he has against the tenant to whom the premises were rented.

When a tenant abandons or removes from the premises or any part thereof, the landlord, or his agent or attorney, may seize upon any grain or other crops grown or growing upon the premises, or part thereof so abandoned, whether the rent is due or not. If such grain, or other crops, or any part thereof, is not fully grown or matured, the landlord, or his agent or attorney, shall cause the same to be properly cultivated, harvested or gathered, and may sell the same, and from the proceeds pay all his labor, expenses and rent. The tenant may, before the sale of such property, redeem the same by tendering the rent and reasonable compensation for work done, or he may replevy the same.

Exemption. - The same articles of personal property which are bylaw exempt from execution, except the crops as above stated, is also exempt from distress for rent.

If any tenant is about to or shall permit or attempt to sell and remove from the premises, without the consent of his landlord, such portion of the crops raised thereon as will endanger the lien of the landlord upon such crops, for the rent, it shall be lawful for the landlord to distress before rent is due.

Any person who shall by contract^ express or implied, or partly both, with the owner of any lot or tract of land, furnisli labor or material, or services as an architect or superintendent, in building, altering, repairing or ornamenting any house or other building or appurtenance thereto on such lot, or upon an}^ street or alley, and connected with such improve' ments, shall have a lien upon the whole of such lot or tract of land, and upon such house or building and appurtenances, for the amount due to him for such labor, material or services. If the contract is expressed, and the time for the completion of the work is beyond three i/ears from the commencement thereof; or, if the time of payment is beyond one year from the time stipulated for the completion of the work, then no lien exists. If the contract is implied, then no lien exists, unless the work be done or material is furnished within one year from the commencement of the work or delivery of the materials. As between different creditors having liens, no preference is given to the one whose contract was first made ; but each shares pro-rata. Incumbrances existing on the lot or tract of the land at the time the contract is made, do not operate on the improvements, and are only preferred to the extent of the value of the land at the time of making the contract. The above lien can not be enforced unless suit is commenced within six months after the last payment for labor or materials shall have become due and payable. Sub-contractors, mechanics, workmen and other persons furnishing any material, or performing any labor for a contractor as before specified, have a lien to the extent of the amount due the contractor at the time the following notice is served upon the owner of the land who made the contract :

(here state whether to labor or furnish material, and substantially the nature of the demand) upon your (here state in general terms description and situation of building), and that I shall hold the (building, or as the case may be), and your interest in the ground, liable for the amount that

If there is a contract in writing between contractor and sub-contractor, a copy of it should be served with above notice, and said notice must be served within forty days from the completion of such sub-contract, if there is one ; if not, then from the time payment should have been made to the person performing the labor or furnishing the material. If the owner is not a resident of the county, or can not be found therein, then the above notice must be filed with the clerk of the Circuit Court, with his fee, fifty cents, and a copy of said notice must be published in a newspaper published in the county, for four successive weeks.

When the owner or agent is notified as above, he can retain any money due the contractor sufficient to pay such claim ; if more than one claim, and not enough to pay all, they are to be paid pro rata.

The owner has the right to demand in writing, a statement of the contractor, of what he owes for labor, etc., from time to time as the work progresses, and on his failure to comply, forfeits to the owner $50 for every offense.

To enforce the lien of sub-contractors^ suit must be commenced within three 7nonths from the time of the performance of the sub-contract, or during the work or furnishing materials.

Hotel, inn and hoarding-house keepers, have a lien upon the baggage and other valuables of their guests or boarders, brought into such hotel, inn or boarding-house, by their guests or boarders, for the proper charges due from such guests or boarders for their accommodation, board and lodgings, and such extras as are furnished at their request.

Stable-keepers and other persons have a lien upon the horses, carriages and harness kept by them, for the proper charges due for the keeping thereof and expenses bestowed thereon at the request of the owner or the person having the possession of the same.

Agisters (persons who take care of cattle belonging to others), and persons keeping, yarding, feeding or pasturing domestic animals, shall have a lien upon the animals agistered, kept, yarded or fed, for the proper charges due for such service.

All persons who may furnish any railroad corporation in this state with fuel, ties, material, supplies or any other article or thing necessary for the construction, maintenance, operation or repair of its road by contract, or may perform work or labor on the same, is entitled to be paid as part of the current expenses of the road, and have a lien upon all its property. Sub-contractors or laborers have also a lien. The conditions and limitations both as to contractors and sub-contractors, are about the same as herein stated as to general liens.

Definition Of Commercial Terms

@ stands for at or to. Hb iov pound, and bbl. for barrel; "^ iov per or hy the. Thus, Butter sells at 20@30c ^ tb, and Flour at $8@12 f bbl.

Selling short, is contracting to deliver a certain amount of grain or stock, at a fixed price, within a certain length of time, when the seller has not the stock on hand. It is for the interest of the person selling "short," to depress the market as much as possible, in order that he may buy and fill his contract at a profit. Hence the " shorts "' are termed " bears."

Buying long, is to contract to purchase a certain amount of grain or shares of stock at a fixed price, deliverable within a stipulated time, expecting to make a profit by the rise of prices. The " longs " aretermed "bulls," as it is for their interest to "operate" so as to "toss" the prices upward as much as possible.

Articles Of Agreement

An agreement is where one party promises to another to do a certain thing in a certain time for a stipulated sum. Good business men always reduce an agreement to writing, which nearly always saves misunderstandings and trouble. No particular form is necessary, but the facts must be clearly and explicitly stated, and there must, to make it valid, be a reasonable consideration.

General Form Of Agreement

This Agreement, made the Second day of October, 1876, between John Jones, of Aurora, County of Kane, State of Illinois, of the first part, and Thomas Whiteside, of the same place, of the second part -

WITNESSETH, that the said John Jones, in consideration of the agreement of the party of the second part, hereinafter contained, contracts and agrees to and with the said Thomas Whiteside, that he will deliver, in good and marketable condition, at the Village of Batavia, 111., during the month of November, of this year. One Hundred Tons of Prairie Hay, in the following lots, and at the following specified times ; namely, twentyfive tons by the seventh of November, twenty-five tons additional by the fourteenth of the month, twenty-five tons more by the twenty -first, and the entire one hundred tons to be all delivered by the thirtieth of November.

And the said Thomas Whiteside, in consideration of the prompt fulfillment of this contract, on the part of the party of the first part, contracts to and agrees with the said John Jones, to pay for said hay five dollars per ton, for each ton as soon as delivered.

In case of failure of agreement by either of the parties hereto, it is hereby stipulated and agreed that the party so failing shall pay to the other. One Hundred Dollars, as fixed and settled damages.

Agreement With Clerk For Services

This Agreement, made the first day of May, one thousand eight hundred and seventy-six, between Reuben Stone, of Chicago, County of Cook, State of Illinois, party of the first part, and George Barclay, of Englewood, County of Cook, State of Illinois, party of the second part -

WITNESSETH, that Said George Barclay agrees faithfully and diligentl}^ to work as clerk and salesman for the said Reuben Stone, for and during the space of one year from the date hereof, should both live such length of time, without absenting himself from his occupation; during which time he, the said Barclay, in the store of said Stone, of Chicago, will carefully and honestly attend, doing and performing all duties as clerk and salesman aforesaid, in accordance and in all respects as directed and desired by the said Stone.

In consideration of which services, so to be rendered by the said Barclay, the said Stone agrees to pay to said Barclay the annual sum of one thousand dollars, payable in twelve equal monthly payments, each upon the last day of each month ; provided that all dues for days of absence from business bv said Barclav, shall be deducted from the sum otherwise by the agreement due and payable by the said Stone to the said Barclay.

Bills Of Sale

A bill of sale is a written agreement to another party, for a consideration to convey his right and interest in the personal property. The purchaser must take actual possession of the property. Juries have power to determine upon the fairness or unfairness of a bill of sale.

Common Form Of Bill Of Sale

Know all Men by this instrument, that I, Louis Clay, of Princeton, Illinois, of the first part, for and in consideration of Five Hundred and Ten dollars, to me paid by John Floyd, of the same place, of the second part, the receipt whereof is hereby acknowledged, have sold, and by this instrument do convey unto the said Floyd, party of the second part, his executors, administrators, and assigns, my undivided half of ten acres of corn, now growing on the farm of Thomas Tyrrell, in the town above mentioned ; one pair of horses, sixteen sheep, and five cows, belonging to me, and in my possession at the farm aforesaid ; to have and to hold the same unto the party of the second part, his executors and assigns, forever. And I do, for myself and legal representatives, agree with the said party of the second part, and his legal representatives, to warrant and defend the sale of the afore-mentioned property and chattels unto the said party of the second part, and his legal representatives, against all and every person whatsoever.

Common Form Of Bond

Know all Men by this instrument, that I, George Edgerton, of Watseka, Iroquois County, State of Illinois, am firmly bound unto Peter Kirchoff, of the place aforesaid, in the sum of five hundred dollars, to be paid to the said Peter Kirchoff, or his legal representatives ; to which payment, to be made, I bind myself, or my legal representatives, by this instrument.

The condition of this bond is such that if I, George Edgerton, my heirs, administrators, or executors, shall promptly pay the sum of two hundred and fifty dollars in three equal annual payments from the date hereof, with annual interest, then the above obligation to be of no effect ; otherwise to be in full force and valid. Sealed and delivered in

Chattel Mortgages

A chattel mortgage is a mortgage on personal property for payment of a certain sum of money, to hold the property against debts of other creditors. The mortgage must describe the property, and must be acknowledged before a justice of the peace in the township or precinct where the mortgagee resides, and entered upon his docket, and must be recorded in the recorder's office of the county.

General Form Of Chattel Mortgage

This Indenture, made and entered into this first day of January, in the year of our Lord one thousand eight hundred and seventy-five, between Theodore Lottinville, of the town of Geneseo in the County of Henry, and State of Illinois, party of the first part, and Paul Henshaw, of the same town, county, and State, party of the second part.

Witnesseth, that the said party of the first part, for and in consideration of the sum of one thousand dollars, in hand paid, the receipt whereof is hereby acknowledged, does hereby grant, sell, convey, and confirm unto the said party of the second part, his heirs and assigns forever, all and singular the following described goods and chattels, to wit :

Two three-year old roan-colored horses, one Burdett organ. No. 987, one Brussels carpet, 15x20 feet in size, one marble-top center table, one Home Comfort cooking stove. No. 8, one black walnut bureau with mirror attached, one set of parlor chairs (six in number), upholstered in green rep, with lounge corresponding with same in style and color of upholstery, now in possession of said Lottinville, at No. 4 Prairie Ave., Geneseo, 111. ;

Together with all and singular, the appurtenances thereunto \)elonging, or in any wise appertaining ; to have and to hold the above described goods and chattels, unto the said party of the second part, his heirs and assigns, forever.

Provided, always, and these presents are upon this express condition, that if the said Theodore Lottinville, his heirs, executors, administrators, or assigns, shall, on or before the first day of January, A.D., one thousand eight hundred and seventy-six, pay, or cause to be paid, to the said Paul Ranslow, or his lawful attorney or attorneys, heirs, executors, administrators, or assigns, the sum of One Thousand dollars, together with the interest that may accrue thereon, at the rate of ten per cent, per annum, from the first day of January, A.D. one thousand eight hundred and seventy-five, until paid, according to the tenor of one promissory note bearing even date herewith for the payment of said sura of money, that then and from thenceforth, these presents, and everything herein contained, shall cease, and be null and void, anything herein contained to the contrary notwithstanding.

Provided, also, that the said Theodore Lottinville may retain the possession of and have the use of said goods and chattels until the day of payment aforesaid ; and also, at his own expense, shall keep said goods and chattels; and also at the expiration of said time of payment, if said sura of money, tog'jther with the interest as aforesaid, shall not be paid, shall deliver up said goods and chattels, in good condition, to said Paul Ranslow, or his heirs, executors, administrators, or assigns.

And provided, also, that if default in payraent as aforesaid, by said party of the first part, shall be made, or if said party of the second part shall at any time before said promissory note becomes due, feel himself unsafe or insecure, that then the said party of the second part, or his attorney, agent, assigns, or heirs, executors, or administrators, shall have the right to take possession of said goods and chattels, wherever they may or can be found, and sell the same at public or private sale, to the highest bidder for cash in hand, after giving ten days' notice of the time and place of said sale, together with a description of the goods and chattels to be sold, by at least four advertisements, posted up in public places in the vicinity where said sale is to take place, and proceed to make the sura of money and interest promised as aforesaid, together with all reasonable costs, charges, and expenses in so doing ; and if there shall be any overplus, shall pay the same without delay to the said party of the first part, or his legal representatives.

In testimony whereof, the said party of the first part lias hereunto set his hand and affixed his seal, the day and year first above written. Signed, sealed and delivered in

Abstract Of Illinois State Laws. 179' Lease Of Farm And Buildings Thereon

This Indenture, made this second day of June, 1875, between David Patton of the Town of Bisbee, State of Ilhnois, of the first part, and John Doyle of the same place, of the second part,

Witnesseth, that the said David Patton, for and in consideration of the covenants hereinafter mentioned and reserved, on the part of the said John Doyle, his executors, administrators, and assigns, to be paid, kept, and performed, hath let, and by these presents doth grant, demise, and let, unto the said John Doyle, his executors, administrators, and assigns, all that parcel of land situate in Bisbee aforesaid, bounded and described, as follows, to wit :

Together with all the appurtenances appertaining thereto. To have and to hold the said premises, with appurtenances thereto belonging, unto the said Doyle, his executors, administrators, and assigns, for the term of five years, from the first day of October next following, at a yearly rent of Six Hundred dollars, to be paid in equal payments, semi-annually, as lonof as said buildinofs are in o'ood tenantable condition.

And the said Doyle, by these presents, covenants and agrees to pay all taxes and assessments, and keep in repair all hedges, ditches, rail, and other fences ; (the said David Patton, his heirs, assigns and administrators, to furnish all timber, brick, tile, and other materials necessary for such repairs.)

Said Doyle further covenants and agrees to apply to said land, in a farmer-like manner, all manure and compost accumulating upon said farm, and cultivate all the arable land in a husbandlike manner, according to the usual custom among farmers in the neighborhood ; he alsoagrees to trim the hedges at a seasonable time, preventing injury from cattle to such hedges, and to all fruit and other trees on the said premises. That he will seed down with clover and timothy seed twenty acres yearly of arable land, ploughing the same number of acres each Spring of land, now in grass, and hitherto unbroken.

It is further agreed, that if the said Doyle shall fail to perform the whole or any one of the above mentioned covenants, then and in that case the said David Patton may declare this lease terminated, by givingthree months' notice of the same, prior to the first of October of any year, and may distrain any part of the stock, goods, or chattels, or other property in possession of said Doyle, for sufficient to compensate for the non-performance of the above written covenants, the same to be determined, and amounts so to be paid to be determined, by three arbitrators, chosen as follows: Each of the parties to this instrument to choose one,.

Form Of Lease Of A House

This Instrument, made the first day of October, 1875, witnesseth that Amos Griest of Yorkville, County of Kendall, State of Illinois, hath rented from Aaron Young of Logansport aforesaid, the dwelling and lot No. 13 Ohio Street, situated in said City of Yorkville, for five years from the above date, at the yearly rental of Three Hundred dollars, payable monthly, on the first day of each month, in advance, at the residence of said Aaron Young.

At the expiration of said above mentioned term, the said Griest agrees to give the said Young peaceable possession of the said dwelling, in as good condition as when taken, ordinary wear and casualties excepted.

Landlord'S Agreement

This certifies that I have let and rented, this first day of January, 1876, unto Jacob Schmidt, my house and lot. No. 15 Erie Street, in the City of Chicago, State of Illinois, and its appurtenances ; he to have the free and uninterrupted occupation thereof for one year from this date, at the yearly rental of Two Hundred dollars, to be paid monthly in advance ; Tent to cease if destroyed by fire, or otherwise made untenantable.

Tenant'S Agreement

This certifies that I have hired and taken from Peter Funk, his house and lot. No. 15 Erie Street, in the City of Chicago, State of Illinois, with appurtenances thereto belonging, for one year, to commence this day, at a yearly rental of Two Hundred dollars, to be paid monthly in advance ; unless said house becomes untenantable from fire or other causes, in which case rent ceases ; and I further agree to give and yield said premises one year from this first day of January 1876, in as good -condition as now, ordinary wear and damage by the elements excepted.

Abstract Of Illinois State Laws. 18X Notice To Quit

Sir : Please observe that the term of one year, for which the house and land, situated at No. 6 Indiana Street, and now occupied by you^ were rented to you, expired on the first day of October, 1875, and as I desire to repossess said premises, you are hereby requested and required to vacate the same. Respectfully Yours,

Tenant'S Notice Of Leaving

The premises I now occupy as your tenant, at No. 6 Indiana Street^ I shall vacate on the first day of November, 1875. You will please take notice accordingly.

Real Estate Mortgage To Secure Payment Of Money

This Indenture, made this sixteenth day of May, in the year of our Lord, one thousand eight hundred and seventy-two, between William Stocker, of Peoria, County of Peoria, and State of Illinois, and 011a, his wife, party of the first part, and Edward Singer, party of the second part.

Whereas, the said party of the first part is justly indebted to the said party of the second part, in the sum of Two Thousand dollars, secured to be paid by two certain promissory notes (bearing even date herewith} the one due and payable at the Second Natioilal Bank in Peoria, Illinois, with interest, on the sixteenth day of May, in the year one thousand eight hundred and seventy-three ; the other due and payable at the Second National Bank at Peoria, 111., with interest, on the sixteenth day of May, in the year one thousand eight hundred and seven t3^-four.

Now, therefore, this indenture witnesseth, that the said party of the first part, for the better securing the payment of the money aforesaid, with interest thereon, according to the tenor and effect of the said two promissory notes above mentioned ; and, also in consideration of the further sum of one dollar to them in hand paid by the said party of the second part, at the delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, and conveyed, and by these presents do grant, bargain, sell, and convey, unto the said party of the second part, his heirs and assigns, forever, all that certain parcel of land, situate, etc.

"belono-ing or in any wise appertaining. And also, all the estate, interest, and claim whatsoever, in law as well as in equit}^ which the party of the first part have in and to the premises hereby conveyed unto the said party of the second part, his heirs and assigns, and to their only proper use, benefit and behoof. And the said William Stocker, and 011a, his wife, party of the first part, hereby expressly waive, relinquish, release, ^nd convey unto the said party of the second part, his heirs, executors, administrators, and assigns, all right, title, claim, interest, and benefit whatever, in and to the above described premises, and each and every part thereof, which is given by or results from all laws of this state pertaining to the exemption of homesteads.

Provided always, and these presents are upon this express condition, that if the said party of the first part, their heirs, executors, or administrators, shall well and truly pay, or cause to be paid, to the said party of the second part, his heirs, executors, administrators, or assigns, the aforesaid sums of money, with such interest thereon, at the time and in the manner specified in the above mentioned promissory notes, according to the true intent and meaning thereof, then in that case, these presents and «very thing herein expressed, shall be absolutely null and void.

In witness whereof, the said party of the first part hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered in presence of

Warranty Deed With Covenants

This Indenture, made this sixth day of April, in the year of our Lord one thousand eight hundred and seventy-two, between Henry Best of Lawrence, County of Lawrence, State of Illinois, and Belle, his wife, of the first part, and Charles Pearson of the same place, of the second part,

Witnesseth, that the said party of the first part, for and in consideration the sum of Six Thousand dollars in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, and sold, and by these presents do grant, bargain, and sell, unto the said party of the second part, his heirs and assigns, ail the following described lot, piece, or parcel of land, situated in the City of Lawrence, in the County of Lawrence, and State of Illinois, to wit :

Together with all and singular the hereditaments and appurtenances thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all the estate, rignt, title, interest, claim, and demand whatsoever, of the said party of the nrst part, either in law or equity, of, in, and to tht; above bargained premises, with the hereditaments and appurtenances. To have and to hold the said premises above bargained and described, with the appurtenances, unto the said party of the second part, his heirs and assigns, forever. And the said Henry Best, and Belle, his wife, parties of the first part, hereby expressly waive, release, and relinquish unto the said party of the second part, his heirs, executors, administrators, and assigns, all right, title, claim, interest, and benefit whatever, in and to the above described premises, and each and every part thereof, which is given by or results from all laws of this state pertaining to the exemption of homesteads.

And the said Henry Best, and Belle, his wife, party of the first part, for themselves and their heirs, executors, and administrators, do covenant, grant, bargain, and agree, to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents they were well seized of the premises above conveyed, as of a good, sure, perfect, absolute, and indefeasible estate of inheritance in law, and in fee simple, and have good right, full power, and lawful authority to grant, bargain, sell, and convey the same, in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, and encumbrances of what kind or nature soever ; and the above bargained premises in the quiet and peaceable possession of the said party of the second part, his heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will warrant and forever defend.

In testimony whereof, the said parties of the first part have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered

Quit-Claim Deed

This Indenture, made the eightli day of June, in the year of our Lord one thousand eight hundred and seventy-four, between David Tour, of Piano, County of Kendall, State of Illinois, party of the first part, and Larry O'Brien, of the same place, party of the second part,

Witnesseth, that the said party of the first part, for and in consideration of Nine Hundred dollars in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, and the said party of the second part forever released and discharged therefrom, has remised, released, sold, conveyed, and quit-claimed, and by these presents does remise, release, sell, convey, and quit-claim, unto the said party of the second part, his heirs and assigns, forever, all the right, title, interest,

\^Here describe the landJ] To have and to hold the same, together with all and singular the appurtenances and privileges thereunto belonging, or in any wise thereunto appertaining, and all the estate, right, title, interest, and claim whatever, of the said party of the first part, either in law or equity, to the only proper use, benefit, and behoof of the said party of the second part, his heirs and assigns forever.

The above forms of Deeds and Mortgage are such as have heretofore been generally used, but the following are much shorter, and are made equally valid by the laws of this state.

Warranty Deed

The grantor (here insert name or names and place of residence), for and in consideration of (here insert consideration) in hand paid, conveys and warrants to (here insert the grantee's name or names) the following described real estate (here insert description), situated in the County of in the State of Illinois.

Quit Claim Deed

The grantor (here insert grantor's name or names and place of residence), for the consideration of (here insert consideration) convey and quit-claim to (here insert grantee's name or names) all interest in the following described real estate (here insert description), situated in the County of in the State of Illinois.

Mortgage

The mortgagor (here insert name or names) mortgages and warrants to (here insert name or names of mortgagee or mortgagees), to secure the payment of (here recite the nature and amount of indebtedness, showing when due and the rate of interest, and whether secured by note or otherwise), the following described real estate (here insert description thereof), situated in the County of in the State of Illinois.

Release

Know all Men by these presents, that I, Peter Ahlund, of Chicago, of the County of Cook, and State of Illinois, for and in consideration of One dollar, to me in hand paid, and for other good and valuable considers- tions, the receipt whereof is hereby confessed, do hereby grant, bargain, remise, convey, release, and quit-chaim unto Joseph Carlin of Chicago, of the County of Cook, and State of Illinois, all the right, title, interest, claim, or demand whatsoever, I may have acquired in, through, or by a certain Indenture or Mortgage Deed, bearing date the second day of January, A. D. 1871, and recorded in the Recorder's office of said county, in book A of Deeds, page 46, to the premises therein described, and which said Deed was made to secure one certain promissory note, bearing even date with said deed, for the sum of Three Hundred dollars.

I, Charles Mansfield, of the Town of Salem, County of Jackson, Scate of Illinois, being aware of the Lincertainty of life, and in failing health, but of sound mind and memory, do make and declare this to be my last will and testament, in manner following, to wit:

First. I give, devise and bequeath unto my oldest son, Sidney H. Mansfield, the sum of Two Thousand Dollars, cf bank stock, now in the Third National Bank of Cincinnati, Ohio, and the farm owned by myself in the Town of Buskirk, consisting of one hundred jind sixty acres, with all the houses, tenements, and improvements thereunto belonging ; to have and to hold unto my said son, his heirs and assiguv, forever.

Second. I give, devise and bequeath to each of my daughters, Anna Louise Mansfield and Ida Clara Mansfield, each Two Thousand dollars in bank stock, in the Third National Bank of Cincinnati, Ohio, and also each one quarter section of land, owned by myself, situated in tht. Town of Lake, Illinois, and recorded in my name in the Recorder's officvj in the county where such land is located. The north one hundred and sixty acres of said half section is devised to ray eldest daughter, Anna Louise.

Third. I give, devise and bequeath to my son, Frank Alfred Mansfield, Five shares of Railroad stock in the Baltimore and Ohio Railroad, and my one hundred and sixty acres of land and saw mill thereon, situated in Manistee, Michigan, with all the improvements and appurtenances thereunto belonging, which said real estate is recorded in my name in the county where situated.

Fourth. I give to my wife, Victoria Elizabeth Mansfield, all my household furniture, goods, chattels, and personal property, about my home, not hitherto disposed of, including Eight Thousand dollars of bank stock in the Third National Bank of Cincinnati, Ohio, Fifteen shares in the Baltimore and Ohio Railroad, and the free and unrestricted use, possession, and benefit of the home farm, so long as she may live, in lieu of dower, to which she is entitled by law ; said farm being my present place of residence.

Fifth. I bequeath to my invalid father, Elijah H. Mansfield, the income from rents of my store building at 145 Jackson Street, Chicago, Illinois, during the term of his natural life. Said building and land therewith to revert to my said sons and daughters in equal proportion, upon the demise of my said father.

Sixth. It is also my will and desire that, at the death of my wife, Victoria Elizabeth Mansfield, or at any time when she may arrange to relinquish her life interest in the above mentioned homestead, the same may revert to my above named children, or to the lawful heirs of each.

And lastly. I nominate and appoint as executors of this my last will and testament, my wife, Victoria Elizabeth Mansfield, and my eldest son, Sidney H. Mansfield.

I further direct that my debts and necessary funeral expenses shad be paid from moneys now on deposit in the Savings Bank of Salem, the residue of such moneys to revert to my wife, Victoria Elizabeth Mansfield, for her use forever.

In witness whereof, I, Charles Mansfield, to this my last will and testament, have hereunto set my hand and seal, this fourth day of April, eighteen hundred and seventy-two.

Signed, sealed, and declared by Charles Mansfield, as and for his last will and testament, in the presence of us, who, at his request, and in his presence, and in the presence of each other, have sub- scribed our names hereunto as witnesses thereof.

Codicil

Whereas I, Charles Mansfield, did, on the fourth da}^ of April, one thousand eight hundred and seventy-two, make my last will and testament, I do now, by this writing, add this codicil to my said will, to be taken as a part thereof.

Whereas, by the dispensation of Providence, my daughter, Anna Louise, has deceased November fifth, eighteen hundred and seventy-three, and whereas, a son has been born to me, which son is now christened Richard Albert Mansfield, I give and bequeath unto him my gold watch, and all right, interest, and title in lands and bank stock and chattels bequeathed to my deceased daughter, Anna Louise, in the body of this will.

Church Organizations

May be legally made by electing or appointing^ according to the usages or customs of the body of which it is a part, at any meeting held for that purpose, two or more of its members as trustees, wardens or vestrymen, and may adopt a corporate name. The chairman or secretary of such meeting shall, as soon as possible, make and file in the office of the recorder of deeds of the county, an affidavit substantially in the following form : State of Illinois,

Illinois, on the day of - ^ , A.D. 18 - , for that purpose, the following persons were elected (or appointed) [here insert their natnes] trustees, wardens, vestrymen, (or officers by whatever name the}^ may choose to adopt, with powers similar to trustees) according to the rules and usages of such (church, society or congregation), and said which affidavit must be recorded by the recorder, and shall be, or a certified copy made by the recorder, received as evidence of such an incorporation.

The term of office of the trustees and the general government of the society can be determined by the rules or by-laws adopted. Failure toelect trustees at the time provided does not work a dissolution, but the old trustees hold over. A trustee or trustees may be removed, in the same manner by the society as elections are held by a meeting called for that purpose. The property of the society Vests in the corporation. The corporation may hold, or acquire by purchase or otherwise, land not exceeding ten acres, for the purpose of the society. The trustees have the care, custody and control of the praperty of the corporation, and can, when directed by the society, erect houses or improvements, and repair and alter the same, and may also when so directed by the society, mortgage, encumber, sell and convey any real or personal estate belonging to the corporation, and make all proper contracts in the name of such corporation. But they are prohibited by law from encumbering or interfering with any property so as to destroy the effect of any gift, grant,, devise or bequest to the corporation ; but such gifts, grants, devises of bequests, must in all cases be used so as to carry out the object intended by the persons making the same. Existing societies may organize in the manner herein set forth, and have all the advantages thereof.

Suggestions To Those Purchasing Books By Subscription

The business of publishing books by subscription having so often been brought into disrepute by agents making representations and declarations not authorized by the publisher ; in order to prevent that as much as possible, and that there may be more general knowledge of the relation such agents bear to their principal, and the law governing such cases, the following statement is made :

A subscription is in the nature of a contract of mutual promises, by which the subscriber agrees to pay a certain sum for the work described ; the consideration is concurrent that the publisher shall publish the book named, and deliver the same, for which the subscriber is to pay the price named. The nature and character of the tvork is described in the prospectus and by the sample shown. These should be carefully examined before subscribing, as they are the basis and consideration of the promise to pay.

and not the too often exaggerated statements of the agent^ who is merely employed to solicit subscriptions, for which he is usually paid a commission for each subscriber, and has yio authority to change or alter the conditions upon which the subscriptions are authorized to be made by the publisher. Should the agent assume to agree to make the subscription conditional or modify or change the agreement of the publisher, as set out by prospectus and sample, in order to hind the principal, the subscriber should see that such conditions or changes are stated over or in connection with his signature, so that the publisher may have notice of the same.

All persons making contracts in reference to matters of this kind, or any other business, should remember that the law as to written contracts zs, that they can not be varied, altered or rescinded verbally, but if done at all, must be done in writing. It is therefore important that all persons contemplating subscribing should distinctly understand that all talk before or after the subscription is made, is not admissible as evidence, and is no part of the contract.

Persons employed to solicit subscriptions are known to the trade as canvassers. They are agents appointed to do a particular business in a prescribed mode, and have no authority to do it in any other way to the prejudice of their principal, nor can they bind their principal in any other matter. They cannot collect money, or agree that payment may be made in anything else hut money. They can not extend the time of payment heyond the time of delivery, nor hind their principal for the payment of expenses incurred in their buisness.

It would save a great deal of trouble, and often serious loss, if persons, before signing their names to any subscription book, or any written instrument, would examine carefully what it is ; if they can not read themselves, should call on some one disinterested who can.

Constitution Of The United States Of America And Its Amendments

We, the people of the United States, in order to form a more perfect uniouy. establish justice, insure domestic trariquillity, provide for the common defense, promote the general ivelfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

Section 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Sec. 2. The House of Representatives shall be composed of members chosen every second year by the people of the several states, and theelectors in each state shall have the qualifications requisite for electors of the most numerous branch of the State Legislature.

No person shall be a representative who shall not have attained to the age of twenty-live years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.

Representatives and direct taxes shall be apportioned among the several states Avhicli may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten j^ears, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand^ but each state shall have at least one Representative ; and until such enumeration shall be made the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five,, and Georgia three.

When vacancies happen in the representation from any state, the Executive authority thereof shall issue writs of election to fill such vacancies.

Sec. 3. The Senate of the United States shall be composed of two Senators from each state, chosen by the Legislature thereof for six years ; and each Senator shall have one vote.

Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expira- tion of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year; and if vacancies happen by resignation or otherwise, during the recess of the Legislature of any state, the Executive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such vacajcies.

No person shall be a Senator who shall not have attained to the age of thirty years and been nine years a citizen of the United States, and who shall not, when elected, be an "inhabitant of that state for which he shall be chosen.

The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States.

The Senate shall have the sole power to try all impeachments. When sitting for that purpose they shall be on oath or affirmation. When the President of the United States is tried the Chief Justice shall preside. And no person shall be convicted without the concurrence of two-thirds of the members present.

Judgment, in cases of impeachment, shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States ; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment according to law.

Sec. 4. The times, places and manner of holding elections for Senators and Representatives shall be prescribed in each state by the Legislature thereof ; but the Congress ma}^ at any time by law make or alter such regulations, except as to the places of choosing Senators.

The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.

Sec. 5. Each house shall be the judge of the election, returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members in such manner and under such penalties as each house may provide.

Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.

Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in their judgment, require secrecy ; and the yeas and nays of the members of either house on any question shall, at the desire of one-fifth of those present, be entered on the journal.

Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.

Sec. 6. The Senators and Kepresentatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason.

felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same ; and for any speech or debate in either house they shall not be questioned in any other place.

No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time ; and no person holding any office under the United States, shall be a member of either house during his continuance in office.

Sec. 7. All bills for raising revenue shall originate in the House of Representatives ; but the Senate may propose or concur with amendments as on other bills.

Every bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a law, be presented to the President 1' the United States ; if he approve he shall sign it ; but if not he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the President within ten days (Sundays excepted), after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress, by their adjournment, prevent its return, in which case it shall not be a law.

Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment), shall be presented to the President of the United States, and before the same shall take effect shall be approved by him, or, being disapproved by him, shall be re-passed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.

To lay and collect taxes, duties, imposts and excises, to pay the debts, and provide for the common defense and general welfare of the United States ; but all duties, imposts, and excises shall be uniform throughout the United States ;