Fulton County, Illinois - Chapter 20: Miscellaneous the Canton & Liverpool Plank-Road Company, 1879 (part 2 of 2)

month shall be considered a calendar month or twelfth of a year, and for less than a mouth, a day shall be figured a thirtieth part of a mouth. Notes bear interest only when so expressed; but after due they draw the legal interest, six per cent., even if not stated. Notes payable on demand or at sight draw no interest until after presentation or demand of the same has been made, unless they provide for interest from date on their face. If "with interest" is included in the note, it draws the legal rate from the time it is made. If the note is to draw a special rate of interest, higher than the legal, but not higher than the law allows, the rate must bo specified.

The legal declaration of a person's mind, determining the manner in which he would have his property or estate disposed of after his death, is termed a will. No exact form of words is necessary in order to make a will good at law, though much care should be exercised to state the provisions of the will so plainly that its language may not be misunderstood.

Every male person of the age of twenty-one years, and every female of the age of eighteen years, of sound mind, can make a valid wi.l. It must be in writing, 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. Care should be taken that the witnesses are not interested in the will.

The person making the will may appoint his or her executors; but no person can serve as such executor if he or she be an alien at the time of proving the will, if he be under twenty-one yeai-s ot age, a convict, a drunkard, a lunatic, or an imbecile.

Persons knowing themselves to have been ajipointed executors, must, within thirty days after the death of deceased, cause the will to be proved and recorded in the proper county, or present it and refuse to accei)t. In case of failure to do so, they are liable to forfeit the sum of twenty dollars per month. Inventory to be made by executor or administrator within three months from date of letters testamentary or administration.

dollars in bank stock, in the First Nationa' Bank of Chicago, Illinois, and also each one quarter section of land, owned by myself, situated in the town of Delavan, Tazewell county, Illinois, and recorded in my name in the liecorder's otiice of said county. The north one hundred and sixty acres of said half section is devised to my elder dauojhter Lida Louan.

Third. I give, devise and bequeath to my son, Fred Davis Lewis, five shares of railroad stock, in the C, B. 6z Q. Raih-oad, and my own one hundred and sixty acres of land and sasv-mill thereon, situated in Astoria, Illinois, with all the improvements and appurtenances thereunto belonging, which said real estate is recorded in \\\\ name, in the county where situated.

Fourth. I give to my wife, Tryphena Lewis, all my household furniture, goods, chattels, and personal property, about my house, not hitherto disposed of, including ten thousand dollars in bank stock, in the First National Bank of Chicago, Illinois, fifteen shares in the Chicago, Rock Island ct Pacific Ivailroad, and the free and unrestricted use, possession an.d benefits 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. Samuel T. Lewis, Sr., the income from the rents of my store building, at Canton, Illinois, during the term of his natural life. Said building and land therewith revert to my said sons and daughters in equal proportions, upon the demise of my said father.

Sixth. It is also my will and desire, that at the death of my wife, Try])hena Lewis, or at any time 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.

I further direct that my debts and necessary funeral expenses shall be ]jaid from moneys now on deposit in the First National Bank, Pekin, Illinois, the residue of such moneys to revert to my wife, Tryphena Lewis, for her use forever.

In witness thereof, I, Samuel T. Lewis, to this, my last will and testament, have hereunto set my hand and seal, this thii'd day of March, eighteen hundred and seventy.

Signed, sealed and delivered by Samuel T. Lewis, as and for his last will and testament, in the presence of us, who, at his request, and in his presence, and in the ])resence of each other, have subscribed our names hereunto as witnesses thereof.

Codicil

AVhereas, I, Samuel T. Lewis, did, on the third day of March, one thousand eight hundred and seventy, 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 Lida Lonan, has deceased, ^November lifth, eighteen hundred and seventyfour, and, whereas, a son has been born to me, which son is now christened Charles IJurchard Lewis, 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 Lida Louan, in the body of this will

Signed, sealed, published and declared to us by the testator, Samuel T. Lewis, as and for a codicil, to be annexed to his last will and testament. And we, at his request, and in his presence, and in the presence of each other, have subscribed our names as witnesses thei'eto, at the date hereof.

Descent

First. To his or her children and their descendants, in equal part.^; the descendants of the deceased* child or grand child taking the share of their deceased parents, in equal parts among them.

Second. Where there is no child, no 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 brotliers 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.

Fifth. If there be no child, parent, brother or sister, or descendants of either of them, and no widow or surviviuir 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 brother and sister of the intestate, and there shall be no distinction between kindred of the whole and the half-blood,

S(Xth. If any intestate leaves a widow or surviving Imsband and no kindred, then to such widow or surviving husband; and if there is no such widow or surviving husband, it shall escheat to and invest in the county where the same or the greater portion thereof is situated.

A deed is a sealed instrument in writino^ convevin? lands and appurtenances thereon from one person to another, and special care should be taken to have them signed, sealed, delivered and properly acknowledged, with the proper seal attached. Witnesses are not necessary. The law in this State provides that an acknowledgment must be made before certain persons authorized to take the same. These officers are: Master in Chancery, Notary Public Circuit or County Clerk, Justice of the Peace, United States Commissioner, or anv Court of Hecord liavino: a seal, or anv Judge Justice or Clerk of any such court. The instrument shall be attested by the official sea^ of the officer taking the acknowledgment, and when taken by 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 certificate attached, but cannot be used in evidence unless such a certificate is produced or '-ther competent evidence introduced. Acknowledgments made 'Mitof the State must either be executed accordinji: to the laws ot this State, or there should be attached a certificate that 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."

To render a deed valid, there must be a sufficient consideration. To enable a person to legally convey property to another, the lollowing requisites are necessary: 1st, he or she must be of age: 2d, must be of sane mind; and, 3d, he or she must be the rightful owner of the property

Any alterations or interlineations in the deed should be noted at the bottom of the instrument, and properly witnessed. After the acknowledgment of ^a deed, the parties have no right to make the sli<'-htest alterations. An alteration after the acknowledgment in favor of the grantee vitiates the deed. The maker of a deed is called the "grantor;" the person or party to whom the deed is delivered, the "grantee." The wife of the grantor must ackowledffe the deed, or else, after the death of her husband, she will be entitled to one-third interest in the property, as dc»wer, during her life. Her acknowledgment of the deed must be of her own free will and accord.

By a general warranty deed the grantor engages to secure the grantee in any right or possession to the property conveyed against all persons whatsoever. A quit-claim deed releases what interest the grantor may have in the land, but does not warrant and delend a<rainst others. We do not i<ive lorm for a deed, as printed forms are used by all. Deeds should be recorded without delay.

Mortgages And Trust Deeds

Are conditional conveyances of estates or property by way of pledge for the security of debt, and to become void on payment of it. Special care should be taken to have them signed, sealed^ delivered, and properly acknowledged, with the proper seal attached. All kinds of property, real or personal, which are capable of an absolute sale, may be the subject of a mortgage.

Mortgages of personal property need not be under seal. In the absence of stipulation to the contrary, the mortgagee of personal ])roperty has the legal title thereto, and the right of possession, and he may have an action against any one taking them from the mortgagor. And although the mortgage contains no express stipulation that the mortgagor shall remain in possession until default of payment, and with a power to sell for the mortgagee's debt, the mortgagee may nevertheless sustain tniver against an officer attaching the goods as the property of the mortgagor.

A mort^-afi^e must be in writing when it is intended to convey the legal title. It must be in one single deed which contains the whole contract.

Redemption must be made within one year from the sale. Where, however, the mortgagee takes the property for an absolute discharge of the debt, then the equity or right of redemption is barred. Satisfaction^ or release of a mf>rtgage, may be made on the margin of the record, or by an instrument duly acknowledged. The wife need not join in this release.

Trust Deeds

Trust deeds are taken generally in preference to mortgages, especially by non-residents, for in case of foreclosure under the power of sale there can be no redemption. Advertisement, sale, and deed is made by the trustee.

Mortgages of person.al property, or chattel mortgages, can be given for a period of only two years, and cannot be renewed or extended. Acknowledijment mav be had before a Justice of the Peace of the town or district in which the mortgagor resides. If the mortgagor is a non-resident, then before any officer authorized by law to take acknowledgments. Foreclosures may be effected upon default, and possession, and sale of the property taken and made; any delay will invalidate the mortgagee's lien.

An}^ person who shall by contract, expressed or implied, or partly both, with the owner of any lot or tract of land, furnish labor or material, or services as an architect or superintendent, in Iniilding, altering, repairing, or ornamenting any house, or other building or appurtenance thereto on such lot, or u]Jon any street or alley, and connected with such improvements, 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 him for labor, material or services. If the contract is expressed, and the time for the completion of the work is beyond three years 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 Avork be done, or nuiterial furnished, within one year from the commencement of the work or deliverv of the material. As between diiferent creditors havin^^ liens, no preference is given to tlie one whose contract was made first; but each shares pro rata. Incumbrances existing upon the lot or tract of tlie 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 cannot 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 above specified, have a lien to the extent of the amount due the contractor at the time the following notice was served upon the owner of the land who made the contract: 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 may [is or may become] due me on account thereof, [Signature] ,

If there is a contract in writing between contractor and sub-contractor, a copy of it should be served with the above notice, and such 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 cannot be found therein, then the above notice must be filed with the Clerk of the Circuit Court, wnth his fee, fifty cents, and a copy of such 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 sufiicient 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 a 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.

To enforce the liens of sub-contractors, suit must be commenced within three months from the time of the performance of the subcontract, or during the work or iurnishing materials.

Hotel, inn*and hoarding -liouse 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 lodging, and such extras as are furnished at their request.

Stable-keejMrs 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 tliereon at the request of the owner, or the person having the possession of tlie same.

Agisters (jiersons 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 for the same, are entitled to be paid as part of the current expenses of the road, and have a lien u])on all its property. Sub-contractors or laborers have also a lien. The conditions and limitations, both as to contractors and to sub-contractors, are about the same as herein stated, as to general liens.

Bill 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, B. F. Lewis, of Chicago, Illinois, of the first part, for and in consideration of six hundred and fifty dollars, to me paid by Columbus C. Chapman, Astoria, Illinois, of the second ]^art, the receipt whereof is hereby acknowledged, have sold, and by this instrument do convey unto the said Cliapliian, party of tlie second part, his executors, administrators, And a-si^ns, mj undivided iialf of ten acres of corn on my farm in tlie town of Deer Creek, Illinois; one pair of horses, twenty sheep, and five cows, belonging to me, and in my possess^ion at the farm aforesaid; to have and to hold the same unto the ])arty of tlie second j^art, his executors and assigns, forever. And I do, for myself and legal representatives, agree with the said party of tlie second part, and his legal representatives, to wai-rant and defend the sale of the aforementioned property and chattels unto the said party of the second part, and his legal representatives, against all and every person whatsoever.

Days Of Grace

No check, draft, bill of exchange, promissory note, order, or negotiable instrument, payable at sight or on demand, or on presentment, shall be entitled to days of grace. All other bills of excliange, drafts or notes are entitled to three days of grace. All the above-mentioned paper falling due on Sunday, New Year's day, Fourth of July, Christmas, or any day appointed or recommended by the President of the United States or Governor of the State as a day of fasting or thanksgiving, shall be deemed as due on the day previous; and should two or more of these days come together, then such instrument shall be treated as due on the day previous to the first of said davs.

Limitation Of Action

The limit of time in which action may be brought on certain things is as loUows: Open accounts, five years; notes and written contracts, ten years; judgments, twenty years; partial payments or new promise in writing, within or after said period, will revive the debt; absence from the State deducted, and when the cause of action is bai-red by the law of another State, it has the same effect here; assault, slander, libel, replevin, one year; personal injuries, two years; to recover land or make entry thereon, twenty years; and sealed and witnessed instruments, as action to foreclose mortgage or trust deed, 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.

Exemptions From Forced Sales

The follotoing personal property and home worth $1,000, - 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 the widow and family, some of them occupying the homestead until the youngest shall become twenty-one years of age, and until the death of the widow. There is no exemption from sale for taxes, assessments, debt or liability incurred for the purchase or improvement of said homestead. No release or waiver of exemption is valid unless in writing and subscribed by such householder and wife (if he has 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 wearing apparel. Bibles, school-books and family pictures of every person; and one hundred doUars'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 dollars' worth of other property to be selected by the debtor, - provided that such selection and exemption shall not be made bj' the debtor or allowed to him or her from any money,' salary or wages due him or her from any person or persons or corporations whatever. When the head of the family dies, deserts, or does not reside with the same, the family shall be entitled to and receive all the benefit and privilege which are by this act conferred upon the head of a family residing with the same. JSo personal property is exempt from exe- cution when judgment is o.btained for the wages of laborers or servants. Wages of a laborer who is tlie head of a family cannot be garnisheed except for the sum due him in excess of $25.

Landlords And Tenants

The princi]ial obligation on the part of a landlord, which is in fact always to be implied as a necessary condition to his receiving any rent, is, that the tenant shall enjoy the quiet possession of the premises, - which means, substantially, that he shall not be turned out of possession of the whole or any material part of the premises by any one having a title paramount to that of the landlord, or that the landlord shall not himself disturb or render his occupation uncomfortable by the erection of a nuisance on or near the premises, or otherwise oblige him to quit possession. But if he be ousted by a stranger, - that is, by one having no title, - or after the rent has fallen due, or if the molestation proceeds from acts of a third person, the landload is in neither case responsible for it. Another obligation which the law imposes on the landlord, in the absence of any express stipulation in the lease, is the payment of all taxes chargeable upon the property, or any ground rents or interest upon mortgages to which it may be subject. Ever}' landlord is bound to protect his tenant against all paramount claims. And if a tenant is comj)elled, in order to protect himself in the enjoyment of the land in respect of which his rent is payable, to make payment which ought, as between himself and his landlord, to have been" made by the latter, he may call upon the landlord to reimburse him, or he may deduct such payment from the rent due or to become due. But the landlord is under no obligation to make repairs, or to rebuild in case the premises should be burned; nor does he guaranty that they are reasonably fit for the purpose for which they are taken. And it is not in the power of a tenant to make repairs at the expense of his landlord, unless there be a special agreement between them authorizing him to do so; for the tenant takes the premises for better or worse, and cannot involve the landlord in expense for repairs without his consent. Even if the premises have become uninhabitable by fire, and the landlord, having insured tliem, has recovered the insurance money, the tenant cannot compel him to expend the money so recovered in rebuilding, unless he has expressly engaged to do so ; nor can he in such an event protect himself from the payment of rent during the unexpired balance of the term, unless exempted therefrom by statute or the terms of the lease. The uninhabitableness of a house is not a good defense to an action for rent. If the landlord expressly covenanted to repair, the tenant cannot quit and discharge himself of rent because the repairs are not made, unless there is a provision to that eflect; and if a landlord is bound by custom or by express agreement to repair, this obligation, and the obligation of the tenant to pay rent, are independent of each other, so that the refusal or neglect of the landlord to repair is no answer to a demand for rent. The tenant is answerable for anv neglect to repair highways, fences, or party walls. He is also liable for all injuries produced by the mismanagement of his servants, or by a nuisance kept upon the premises, or by an obstruction of the highways adjacent to them, or the like. One of the principal obligations which the law imposes upon every tenant, independent of any agreement, is to treat the premises in such a manner that no substantial injury shall be done to them, an ! so that they may revert to the landlord at the end of the term unimpaired by any willful or negligent conduct on his part.

A tenancy from year to year requires sixtj' 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 tenancv bv tliirtv davs' 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 tive days, his lease will be terminated; if the rent is not paid, the landlord may consider the lease ended. When a default is made in any of the terms of the 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 at"ter such default in any of tlie terms of such lease; which notice may be substantially in the following form: default [here insert the ciiaracter of the default], of the premises now occupied Ity 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].

The above to be sii^ned by the lessor or his agent, and no other notice or demand of possession or termination of such tenancy is necessary.

Demand may be made or notice served by delivering a written or printed, 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 poss'ession of the premises; and in case no one is in actual possession of 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 possession is necessary,

Distress For Rent

In all cases of distress for rent, the landlord, by himself, his agent or his 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 a 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 his attorney may seize upon any grain or 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 therefrom bv statute or the terras of the lease. The uninhabitableness of a house is not a good defense to an action for rent. If the landlord expressly covenanted to repair, the tenant cannot quit and discharge himself of rent because the repairs are not made, unless there is a provision to thateflect; and if a landlord is bound by custom or by express agreement to repair, this obligation, and the obligation of the tenant to pay rent, are independent of each other, so that the refusal or neglect of the landlord to repair is no answer to a demand for rent. The tenant is answerable for any neglect to repair highways, fences, or party walls. He is also liable for all injuries produced by the mismanagement of his servants, or by a nuisance kept upon the premises, or by an obstruction of the highways adjacent to them, or the like. One of the principal obligations which the law imposes upon every tenant, independent of an v agreement, is to treat the premises in such a manner that no substantial iniurv shall be done to them, an J so that thev mav revert to the landlord at the end of the term unimpaired by any willful or negligent conduct on his part.

A tenancy from year toj'ear 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 tenancv bv tliirtv davs' notice in writing.

AVhen rent is due, the landlord may serve a notice upon the tenant, stating that unless the rent is paid within not less than live days, his lease will be terminated; if the rent is not paid, the landlord ma}' consider the lease ended. When a default is made in any of the terms of the lease, it shall not be necessary to give more than ten daj^s' 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: default [here insert the character of the default], of the prenjises now occupied by you, being, etc., [here describe the premises], I have elected to determine your lease, and you are ht-reby notified to quit and deliver up jiossession of the same to me within ten days of. this date [dated, etc].

The above to be signed by the lessor or his ao-ent, and no other notice or demand of possession or termination of such tenancy is necessary.

Demand may be made or notice served by deliverin<^ a written or printed, or partly either, copy thereof t(^ 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 actual possession of 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 possession is necessary.

In all cases of distress for rent, the landlord, by himself, his agent or his 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 a party executing a satisfactory bond for double the amount.

Ill 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 his attorney may seize upon any grain or 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

Exemption

The same articles of personal property which are by law exempt from execution, except the crops, as above mentioned, are also exempt from distress for rent. «

If any tenant is about to, or shall permit, or attempt to sell or 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.

Criminal Law

Is that branch of jurisprudence which treats of criminal offenses. The extreme injportance of a knowledge of criminal law is selfevident; for a mistake in point of law, which every person of discretion not only may know, but is bound and presumed to know, is in criminal cases no defense. This law is administered upon the principle that every one must be taken conclusively to know it, without proof that he does know it. This doctrine has been carried so far as to include the case of a foreigner charged with a crime which was no offense in his own country.^ And further, the criminal law, whether common or statute, is imperative with reference to the conduct of individuals; so that, if a statute forbids or commands a thing to be done, all acts or omissions contrary to the prohibition or command of the statute are offenses at common law, and ordinarily indictable as such. "When a statute punishes a crime by its legal designation without enumerating the acts which constitute it, then it is necessary to resort to the common law for a definition of the crime with its distinctions and qualificatio?is. So» if an act is made criminal, l)ut no mode of prosecution is directed or no punishment provided, the common law (in the absence of a statute to the contrary) furnishes its aid, prescribing the mode of prosecution by indictment, and its mode of punishment by fine and inprisonment. So far. therefore, as the rules and principles of common law are applicable to the administration of the criminal law, and have not been altered or moditied by legislation .or judicial decisions, they have the same force and effect as laws finally enacted.

1. Every man is [)resiimed to be innocent till the contrary is shown; and if there is any reasonable cii>ubt of his guilt, he is entitled to the benefit of tlfe doubt.

3. The prisoner is entitled to trial by a jury of his peers, who are chosen from the body of the people with a view to impartiality, and whose decision on questions of facts is final.

T. He cannot be punished for an act which was not an offense by the law existing at the time of its commission; nor can a serverer punishment be inflicted than was declared by the law at the time of its commission.

Crimes are sometimes classified according to the degree of punishment incurred by their commission.- They are more generally arranged according to the nature of the offense. The following is, perhaps, as complete a classification as the subject admits:

II. Offenses against the lives and persons of individuals - 1, murder; 2, manslaughter; 3, attempt to kill or murder; 4, mayhem; 5, rape ; 6, robbery. 7, kidnapping; 8, false imprisonment; 9, abduction; 10, assault and battery.

lY. Offenses against private propertij - 1, arson; 2, burglary; 3, larceny; 4, obtaining goods under false pretenses; 5, embezzlement ; 6. malicious mischief.

V. Offenses against jmhlic justice - 1, perjury; 2, bribery; 3, destroying public records; 4, counterfeiting ])ublic seals ; 5, jail breach; 6, escape; 7, resistance to officers; 8, obstructing legal process; 9, barratry; 10, maintenance; 11, champerty; 12, con-

VI. Offenses against the public peace - 1, challenging or accepting a challenge to a duel;.. 2, unlawful assembly; 3, rows; 4, riot; 5, breach of the peace; 6, libel.

VII. Offenses agaiwit chastity - 1^ sodomy; 2, bestiality; 3, adultery; 4, incest; 5, bigamy; 6, seduction; 7, fornication; 8, lascivious carriage; 9, keeping and frequenting houses of ill-fame.

VIII. Of enses against public 2iolicy - false currency; 2, lotteries; 3, gambling; 4, immoral shovs^s; 5, violation of the right of suffrage; 6, destruction of game, fish, etc.; 7, nuisance.

X. Offenses against religion and morality - 1, blasphemy; 2, profanity; 3, Sabbath-breaking; 4, obscenity; 5, cruelty to animals; 6, drunkenness; 7, promoting intemperance.

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 assessments.

The tax-books are placed in the hands of the Town Collector on or before the teutli 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 until advertised, which takes place on 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 the 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 mentioned, twen-

Real 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, tiity per cent, if redeemed between six and twelve months; if between twelve and eighteen months, seventy-five per cent., and if batween 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.

Subscription

The selling of books by subscription is so frequently brought into disrepute by agents making representations not authorized by the publishers, that the public are often swindled. That there may be more general knowledge of the relation such agents bear to their principal, and the law governing such cases, we give the following rules, which, if followed, will save a great deal of trouble and perhaps serious loss.

A subscription is the placing of a signature below a written or printed engagement. It is the act by. which a person contracts, in writing, to furnish a sum of money for a particular purpose: as, a subscription to a charitable institution, a subscription for a book, and the like. In the case of a book, 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 prospectus and sample 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 usually receives a commission for each subscriber, and has no authority to change or alter the conditions upon which the subscriptions are authorized to be made by the publishers. Should the agent assume to agree to make the subscription conditional, or modify or change the agreement of the publisher, as set. out by the prospectus and sample, in order to bind the publishers, the subscriber should see that such condition or change is stated over, or in connection with his signature, so the publishers may have notice of the same.

When several persons promise to contribute to a common object, desii'ed by all, the promise of each may be a good consideration for the promise of others. In general subscriptions on certain conditions in favor of the party subscribing, are binding when the acts stipulated are performed. Subscription is in the nature of a contract of mutual promises. All persons should remember that the law as to written contracts is, that they can not he altered^ varied^ 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 before signing their names to any subscription book, or any written instrument, should carefully examine what it is; if they cannot read, they should call on some one disinterested who can.

Persons who solicit subscriptions are known to the trade as canvassers. They are agents appointed to do a particular business in u 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 can not collect money, or agree that payment may be made in anything else than money. They cannot extend the time of payment beyond the time of delivery, nor bind their principal for payment of expenses incurred in their business.

Contract For Personal Services

When a contract is entire and has been only partiallj- fulfilled, the party in fault may nevertheless recover from the other partv iov the actual benefit received and retained by the other party, less the danuiges sustained by such other party by reason of the partial non-fulfillment of the contract. This may be done in all cases where the other party has received benefit from the partial fulfillment of the contract, whether he has so received the same from choice or from the necessities of the case. Where D hired B to work for him for seven months at $15 per month, and B worked for D only lifty-nine days, and then quit without any reasonable excuse therefor, it was held that B might nevertheless recover fVom D for what the work was reasonably worth, less any daniai>t> that D may have sustained by reason of the partial non-fulfilhnent of / the contract.

Newspaper Libel

Allowing the most liberal rule as to the liability of persons in public employment to criticism for their conduct in which the pul)lic are interested, there never has been a rule which subjected persons, private or public, to be falsely traduced. No publication is privileged except a bona fide representation, made without malice, to the proper authority, complaining on reasonable grounds. The nearest approach to this license is where the person vilified presents himself before the body of the public as a candidate for an elective office. But even then there is no doctrine which will subject him without remedy to every species of malevolent attack.

Tender

If the tender be of money, it can be a defense only when made before the action was brought. A tender does not bar the debt as a payment would, for in general he is bound to pay the sum which he tendered, whenever he is required to do so. But it puts a stop to accruing damages or interest for delay in payment, and saves the defendant costs. It need not be made by the defendant personally; if made by a third person, at his request, it is sufficient; and if made by a stranger without his knowledge or request, a subsequent assent of the debtor will operate as a ratification of the agency, and make the tender good. Any person may make a valid tender for an idiot. If an agent, furnished with money to make a tender, at his own risk tender more, it is good. So, a tender need not be made to a creditor personally; but it must be made to an agent actually authorized to receive the money. If the money be due to several jointly, it may be tendered to either, but must be pleaded as made to all. The whole sum due must be tendered, as the creditor is not bound to receive a part of his debt. If the tender be of the whole debt, it is valid. If the obligation be in the alternative, one thing or another, as the creditor may choose, the tender should be of both, that he may make his choice. To make a tender of money valid the money must be actually produced and proffered, unless the creditor expressly or impliedly waives this production. The debtor is not bound to count out the money, if he has it and ofters it. No conditions must be annexed to the tender, which the creditor can have any good reason whatever lor objecting to; as for instance, that he should give a receipt in full of all demands. The tender should be made in money made lawful by the State in which it is offered. Generally, a tender is valid and effectual if made at any time after the debt is due; and a demand made after the tender if for more than the sum tendered, will not avoid the tender. Certainly not, if the demand is for more than the real debt, although the excess was for ai;other debt truly due.

Tender of C/iattels. - The thing tendered ma\'not be mone}-, but some specific article. If one is bound to deliver chattels at a particular time and place, it may not be enough if he has them there; they may be mingled with others of a like kind which he is not to deliver. Or they may need some act of separation, or identification, or completion, before they could become the property of the other party. Generally, if no time or place be specified, the articles are to be delivered where they are at the time of the contract, unless collateral circumstances designate a difierent place. If the time be fixed, but not the place, then it will be presumed that the deliverer was to bring the articles to the receiver at that time, and for that purpose he must go with the chattels to the residence of the receiver, unless something in their very nature or use, or some other circumstances of equivalent force, distinctly implies that they are to be left at some other place. It may happen, from the cumbrousnessof the chattels or other circumstances, that it is reasonable and just for the deliverer to ascertain from the receiver, long cnouo-h beforehand, where they shall be delivered; and then he would be held to this as a legal obligation. So, too, in such a case, the receiver would have a right to designate to the detiner, a reasonable time beforehand, a place of delivery reasonably convenient to both parties, and the deliverer would be bound by such directions. If no place be indicated, and the deliverer is not in fault in this, he may deliver the chattels to the receiver, in person, at any place which is reasonably convenient. And if the receiver refuses or neglects to appoint any place, or purposely avoids receiving notice of a place, the deliverer may appoint any place, with a reasonable

If the pr<-imise be to pay at a certain time, or deliver certain chattels, it is a promise in the alternative; and the alternative belongs to the promisor; he ma}' do either the one or the other, at his election; nor need he make his election nntil the time when the promise is to be performed; but after that day has passed without election on his part, the promisee has an absolute right to the money, and may bring his action for it. A contract to deliver a certain quantity of merchandise at a certain time means, of course, to deliver the whole then. If by the terms of the contract certain specific articles are to be delivered at a certain time and place in payment of an existing debt, this contract is fully discharged and the debt is paid, by a complete and legal tender of the articles at the time and place, although the promisee was not there to receive them; and no action can thereafter be maintained on the contract. But the property in the goods has passed to the creditor, and he may retain them as his own.

Drunkenness

Is the condition of a person who is under the immediate influence of intoxicating liquors. This condition presents various degrees of intensity, ranging from a simple exhilaration to a state of utter unconsciousness and insensibility.

The common law shows but little disposition to aiSord relief, either in civil or criminal cases, from tlie immediate effects of drunkenness. It has never considered drunkenness alone as a sufficient reason for invalidating any act.

When carried so far as to deprive the party of all consciousness^ strong presumption of fraud is raised; and on that ground courts may interfere.

The law does, however, recognize two kinds of inculpable drunkenness, viz.: that which is produced by the '' unskillfulness of his physician," and that which is produced by the "contrivance of enemies." To this may be added cases where a party drinks no more liquor than he has habitually used without being intoxicated, and which exerts an unusually potent effect on the brain in consequence of certain pathological conditions.

Marriage Comract

Marriage is a contract, made in due tbrni of law, by which a man and woman reciprocally engage to live with each other during their joint lives, and to discharge towards each other the duties imposed by law on the relation of husband and wife. TJie marriage contract is in law a civil contract, to whicli the consent of the parties is essential. Tiie marriage relation can only be entered into, maintained, and abrogated as provided by law. It is dissolved by death or divorce. A marriage which is valid by the law of the country in which it is contracted, is valid in this State. To make a valid marriage, the parties must be lailling to contract, able to contract, and have actually contracted. All persons are able to contract marriage unless they are under the legal age, or unless there be other disability; the age of consent at common law is fourteen in males and twelve in females. When a person under this age marries, such person can, when he or she arrives at the age above specified, avoid the marriage, or such person or both may, if the other is of legal age, confirm it; if either of the parties is under seven, the marriage is void. If either of the party is non compos mentis or insane, or has a husband or wife living, the marriage is void.

The husband is bound to receive his wife at home, and should furnish her with all the necessaries and conveniencies which his fortune enables him to do, and which her situation requires, but this does not include such luxuries as, according to her fancy, she deems necessaries. He is bound to love his wife and bear with her faults, and, if possible, by mild means, to correct them; and he is required to fulfill towards her his marital promise of fidelity.

Being the head of the family, the husband has a right to establish himself wherever he may please, and in this he cannot be controlled by his wife; he may manage his affairs in his own way, buy and sell all kinds of personal property, without her control, and he may buy any real estate he may deem proper; but as the wife acquires a right in the latter, he cannot sell it without her consent.

A wife is under obligations to love, honor and obey her husband, and is bound to follow him wherever in the country he may go and establish himself, provided it is not for other causes unreasonable.

Digkst Op' State Laws

She is under obligation to be faithful in cliastit}- to her marriage vow. A wife has the right to the love and protecting care of her husband; slie has the right to share his bed and board; she can call upon her husband to provide her with the necessary food and clothing, according to her position in life, and if he neglects or refuses to do so, she can procure them on his account.

Married Women

May bargain, sell, and convey their real and personal pi-operty, and enter into contracts with reference to the same. The wife may be tlie agent of the husband, and transact for him business, making, accepting or endorsing bills or notes, purchasing goods, rendering bills, collecting money and receipting for the same, and in general, entering into any contract so as to bind him, if she has his authority to do so. And while they continue to live together, the law considers the wife as clothed with authority by the husband to buy for him and his family all things necessary, in kind and quantity, for the proper support of his family; and for such purchases made by her he is liable. The husband is responsible for necessaries supplied to his wife, if he does not supply them himself, and he continues so liable if he turns her out of his house or otherwise separates himself from, her, without good cause. But he is not so liable if she deserts him, (without extreme provocation) or if he turns her away for good cause. Tf she leaves him because he treats her so ill that she has good right to go from him and his house, this is the same thing as turning her away; and she carries with her his credit for all necessaries supplied to her. But what the misconduct must be to give this right, is uncertain. But the law undmibtedly is, that the wife is not obliged to stay and endure cruelty or indecency. It is also held, that if a man lives with a woman as his wife, and represents her to be so, he is liable for necessaries supplied to her, and her contracts, in the same way as if she were his wife* The statutes intend to secure to a married woman all her riijhts. But many women about to marry - or their friends for them - often wish to secure to them certain powers and rights, and to limit these in certain ways or to make sure that their property is in safe and skillful hands. This can only be done by conveying and transferring the property to trustees; that is, to certain persons to hold the same in trust.

A married woman may sue and be sued. At the death <>i' tho liusband, in addition to the widow's award, a married woman lias a dower interest [one-third] in all real estate owned by her husband after their marriao^e, and which has not been released by her, and the husband has the same interest in the real estate of the wife, after her death.

School Month

The law of this State says that a school month shall comprise twenty-two school days, actually taught. It also provides that teachers shall not be required to teach on legal holidays, thanksgiving or fast-days, appointed by State or National authority.

The rulino;s of courts are that the trustees of a school district may prescribe what studies sliall be pursued, and may regulate the classification of the pupils; but that a parent may select, from the branches pursued, those which the child shall study, so long as the exercise of such selection does not interfere with the system prescribed for the school ; that the child cannot be excluded from one study simply because he is deficient in another;, the rule requiring his exclusion is unreasonable, and cannot be enforced.

Can make a binding contract for necessaries only. An infant can never bind himself even for necessaries when he has a parent or guardian who supplies his wants. What are considered necessaries depend upon the rank and circumstances of the intant in tlie particular case. All his other contracts are considered voidahle and void. An infant's contract on a bill or note is voidable. His liability may be established by ratification after full age.

The confirmation or ratification must be distinct, and with a knowledge that lie is not liable on the contract. A mere acknowledgment of a debt, or a payment of a part of it, will not support an action an such a contract. When an infant indorses negotiable notes or bills he does not pass any interest in them as against himself; his act is voidable, but neither the acceptor nor subsequent indorser can oblige his infancy to evade their liability; nor can the drawer of a bill set up the infancy of a payee and indorser as a defense to an action thereon ati^ainst himself. An infant may sue on a l)ill, but he sues by his guardian or next friend, and payment should accordinijlv be made to him.

Parties contracting with an infant assume all the inconveniences incident to the protection which the law allows him. In law intancv extends to the age of twenty-one 3^ears.

Adoption Of Children

Children may be adopted by auy 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 and wife joins therein, as the adoption must be by them jointly. The petition shall state name, sex, and age of 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 guardian 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 is living, that 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 child is at the age of fourteen or upwards, the adoption cannot be made without its consent.

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 lor that purpose, two or more of its members or 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: that purpose, the following persons were elected [or appointed; here insert tlie names] trustees, wardens, vestrymen [or officers by whatever name they may choose to adopt, with power similar to trustees], according to the rules and usages of such [churth,

Which affidavit must be recorded by the Recorder, and shall be, or a certified copy made by the Recorder, received as evidence of such corporation,

The term of office of the trustees, and the general government of the society can be determined by the rules and by-laws adopted. Failure to elect 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 rests in the corporation. The corporation raa^'^ 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 property of the corporation, and can, ichen 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 destro}' the effect of any gift, grant, devise or bequest to the corporation: but such gifts, grants, devises or bequests must in all cases be used so as to carry out the object intended by the persons making the same. Existinor churches may organize in the manner herein set forth, and the people iu having wise and jnst laws passed for the protection of fish and game. It is apparent to ;ill that, unless these laws are vigorously enforced, the time will soon come when fish and game will be so scarce as to be within the reach of only the wealtliy. Under proper regulations onr streams of pure i-nnning water would all be filled with fish, as in other years, and our prairies, fields and forests alive with their great variety of game. It is a question that interests all, and the game laws should be enforced.

Sec, 1. That it shall be unlawful for any person or persons to hunt or pursue, kill or trap, net or ensnare, destroy, or attempt to kill, trap, net, ensnare, or otherwise destroy any prairie hen or chicken, or any woodcock, between the 15th day of January and the 1st day of September in each and every year; or any deer, fawn, wild turkey, rnfi'ed grouse (commonly called partridge), or pheasant, between the 1st day of Februarj' and the 1st day of October in each and every year; or any quail between the 1st day of February and the 1st da.y of November in each and every year; or any wild goose, duck, snipe, brant, or other waterfowl between the 1st day of May and the 15th da}^ of August in each and every year: Provided, That it shall be unlawful for any person or persons to net any quail at any time after this act shall take effect and be in force; and provided further^ That it shall be unlawful for any person or persons who is or are non-residents of this State to kill, ensnare, net or trap any deer, fawn, wild turkey, prairie hen or chicken, ruffed grouse, quail, woodcock, wild goose, wild duck or brant, or any snipe, in any county of this State, at any time, for the purpose of selling or marketing or removing the same outside of this State. Every person who violates any of the provisions of this section shall, for each and every offense, be deemed guilty of a misdemeanor, and on conviction shall be fined not less than five dollars (§5) nor more than twenty-five dollars ($25) and costs of suit for each and every separate bird or animal of the above enumerated list, so unlawfully hunted or pursued, killed, trapped, netted, ensnared, or destroyed or attempted to be killed, trapped, netted, ensnared, or otherwise destroyed, and shall stand committed to the county jail until such fine and costs are paid, but such imprisonment shall not exceed ten days.

Sec. 6. No person or persons shall sell or expose for sale, or have in his or their possession for the purj)0se of selling or exposing for sale, any of the animals, wild fowls or birds mentioned in section 1 of this act, after the expiration of five days next succeeding the first day of the period in which it shall be unlawful to kill, trap, net, or ensnare such animals, wild fowls or birds. And any person so oifending shall, on conviction, be fined and dealt with as specified in Section 1 of this act: Provided., That the provisions of this act shall not apply to the killing of birds by or for the use of taxidermists for preservation either in public or private collections, if so preserved.

The fifteenth of January, it will be observed, is the date when the prohibition begins to work as to prairie chickens and woodcock; the first of February is the date for most other sorts of game, except waterfowl. And five days after the prohibition against killing goes into force, it becomes unlawful to sell or expose for sale the prohibited game.

Preservation Of Other Birds

It may be appropriate to mention here that Sections 3 and 4 of the act of 1873, wliich are not changed or aftected by the act of 1877, are as follows:

Sec. 3. No person shall at any time, within this State, kill or attempt to trap, net, ensnare, destroy or kill any robin, bluebird, swallow, martin, mosquito hawk, whippoorwill, cuckoo, woodpecker, catbird, brown-thrasher, red-bird, hanging-bird, buzzard, sparrow, wren, humming-bird, dove, gold-finch, mocking bird, blue-jay, finch, thrush, lark, cherry-bird, yellow-bird, oriole, or bobolink, nor rob or destroy the nests of such birds, or either or any of them. And any person so offending shall on conviction be fined the sum of five dollars for each and every bird so killed, and for each and every nest robbed or destroyed: Provided, that nothing in this section shall be construed to prevent the owner or occupant of lands from destroying any of the birds herein named on the same, when deemed necessary for the protection of fruits or property.

Sec. 4. It shall be unlawful for any person or persons to destroy or remove from the nests of any prairie chicken, grouse or quail, wild turkey, goose or brant, any eg^ or eggs of such fowl or bird, or for any person to buy, sell, have iu possession or traffic in such eggs, or willfully destroy the nest of such birds or fowls, or any or either of them. xVnd any person so oftending shall on conviction be lined and dealt with as specified in Section 3 of this act.

The owner or occupant 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 water mills, is, for grinding and bolting wheat, rye, or other grain, one-eighth part; for grinding Indian corn, oats, barley, and buckwheat not required to be bolted, one-seventh part; for grinding malt, and chopping 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 his mill 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 $5, to the use of any person suing for the same, to be recovered before any Justice of the Peace of the county where the penalty is incurred. Millers are accountable (except it results from unavoidable acci dents) for the safe-keeping of all grain left in their mill for the purpose of being ground, with bags or casks containing same, provided that such bags or casks are distinctly marked with the initial letters of the owner's name.

Every poor person who shall be unable to earn a livelihood in consequence of any bodily infirmit}', idiocy, lunacy or unavoidable cause, shall be supported by the father, grandfathers, mother, grandmothers, children, grandchildren, 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 children 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 it 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 grandchildren of such person shall next be called on; and if they are not able, then the grandparents. 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 attorney to make complaint to the County Court of his county against all the relatives of such paupers in this State liable to 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 his or her ability. The court may specify the time for which tlie relatives shall contribute; in fact it has control over the entire subject matter, with power to enforce its order.

Every county is required to relieve and support all poor and indigent persons lawfully resident therein. '* Residence " means the actual residence of tlie party, or the place where he was employed; or ill 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 who did not reside in the county at the commencement of six months immediately preceding his becoming so, but did at the time reside elsewhere in this State, then the county becomes liable for the expense of taking careof 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 dii-ections of the County Board in taking care of the poor and granting temporary relief; also, in providing for non-resident persons not paupers who may be taken sick and not able to pay their way, and, in case of death, causing such persons to be decently buried.

Public Axd Private Cosyeyances

When practicable from the nature of the ground, persons travel ing 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 the other. The penalty for a violation of this provision is $5 for every oflense, to be recovered by the party injured; but to recovei", thei-e must have occurred some injury to person oi* j)roperty resulting from the violation.

The owners of any carriage traveHng upon any road in this State for the conveyance of passengers, M'ho shall employ or continue in their employment as driver any person who is addicted to drunkenness, or the excessive use of spirituous liquors, after he has had notice of the same, shall pay a forfeit at the rate of $5 per day; and if any driver, while actually engaged in driving any such carriage, shall be guilty of intoxication 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 liim on oath, forthwith to discharge such driver. If such owner shall have such driver in his employ within three months after such notice, he is liable for $5 per day for the time he shall keep such driver in liis 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 lo 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 commenced within six months.

It is understood by the term "carriage" herein to mean any carriage or vehicle used for the transportation of passengers, or goods, or either of them.

Wagers And Stakeholders

Wagers upon the result of an election have always been considered as void, as being contrary to sound policy, and tending to impair the purity of elections. Wagers as to the mode of playing, or as to the result of any illegal game, as boxing, wrestling, cockfighting, etc. , are void at common law.

Stakeholders mustdeliver the thing liolden by them to the person entitled to it, on demand. It is frequently questionable who is entitled to it. In case of an unlawful wager, although he may be juslOSo DIGEST OF STATE LAWS.

titled for delivering the thing to the winner, bj the express or implied consent of the loser, yet if before the event has happened he has been required bj either ])arty to give up the thing deposited with him by such party, he is bound to deliver it; or if, after the event has happened, the losing party gives notice to the stakeholder not to pay the winner, a payment made to him afterwards will be made to him in his own wrong, and the party who deposited the money or thing may recover it from the stakeholder.

Sunday

Labor of whatever kind, other than the household offices of daily necessity, or other work of charity and necessity, on the first day of the week, commonly called Sunday, is in general under penalty prohibited; but all persons do not come under prohibition. If a contract is commenced on Sunday, but not completed until a subsequent day, or if it merely grew out of a transaction which took place on Sunday, it is not for this reason void. Thus, if a note is signed on Sunday, its validity is not impaired if it be not delivered on that day.

Definition Of C03Imkrcial Terms

$ means dollars, being a contraction of U. S., which was formerly placed before any denomination of money, and meant, as it means now. United States currency. £ means pou)ids. English money. @ stands for «^ or ^o/ lb t'ov pound/ bbl. for barrel; and . f> for j.>e}' or by the. Thus, butter sells at 20@30c. ^ ft, and flour at $6® 10 '^ bbl. stands for jh'r cent., and jj^ for number.

In the example "May 1 - wheat sells at $1.05(gl.l0, seller June," June means that the person who sells the wheat has the privilege of delivering it at any time during the month of June. "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. "

Bees

Bees, while unreclaimed, are by nature wild animals. Those which take up their abode in a tree belong to the owner of the soil in which the tree grows, if unreclaimed; but if reclaimed and identified they belong to their former owner. If a swarm has flown from the hive of A, they are his so long as they are in sight, and ma}' easily be taken; otherwise, they become the property of the first occupant. Merely finding on the land of another person a tree containincj a swarm of bees, and marking it, does not vest the property of the bees in the finder. They do not become property until actually hived.

Dogs are animals of a domestic nature. The owner of a dotr has such property in him that he miiy maintain an action for an injury to him, or to recover him when unlawfully taken away and kept by another.

"When, in consequence of his vicious propensities, a dog becomes a common nuisance the owner may be indicted, and where one commits an injury, if the owner had knowledge of his mischievous propensities, he is liable for the injury. A man has a right to keep a dog to guard his premises, but not to ])ut him at the entrance of his house, because a person coming there on lawful business may be injured by him, though there may be another entrance to the house. Bnt if a dog i.-^ chained, and a visitor incautiously ffoes so near him that he is bitten, he has no right of action against the owner.

Cruelty To Animals

Whoever shall willt'uUy overdrive, overload, overwork, torture, tornient, beat, deprive of necessary and proper food, drink, or shelter, or cruelly kill any such animal, or work an old, maimed, sick, or" disabled animal, or keep any animal in an unnecessarily cruel manner, for each and every offense shall be liable to a tine of not less than $3 or more than $200, to be recovered on complaint before any Justice of the Peace, or by indictment. The word "animal" used shall be taken to mean any living creature.

Any person desirous of changing his name, and to assume another name, may file a petition in the Circuit Court of the county where he resides, praying for such change. Such petition shall set forth the name then held, and also the name sought to be assumed? together with liis residence, and the length of time he shall have resided in this State, and his nativity. In case of minors, parents or guardians must sign this petition; and said petition shall be verified by the affidavit of some credible person. A previous notice shall be given of such intended application by publishing a notice thereof in a county newspaper for three consecutive weeks, the first insertion to be at least six weeks prior to tue first day of the term of the court in whicli the said petition is to be filed.

United States Mails

The following suggestions and rulings of the Post Ofiice Department in regard to the sending of matter through the United States mails will be found valuable. By giving careful attention to and closely following them, almost perfect security from all delays and losses, and the many little vexatious inquiries generally made by the public will be avoided.

Make the address legible and complete, giving the name of the postofiice, county and state; the name of the street, and the number of the house, also, should always be given on letters addressed to cities where letter-carriers are employed. Letters intended for places in foreign countries should have the name of the country «s well as the postofiice given in full.

Never send money or any other article of value througli the mail, except by means of a money order or in a registered letter. Every letter sent should contain the full name and address of the writer, with the county and State, in order to secure its return if the person to whom it is directed cannot be found. Persons who have large correspondence find it most convenient to nse "special request " envelopes, but those who only mail an occasional letter can avoid the trouble by writing a request to "return if not delivered," etc., on the envelope.

Diplomas, commissions, certificates, etc., having written signatures attached, circulars having anything written thereon, are subject to postage at the rate of three cents for each half ounce or fraction thereof

Stamps cut from stamped envelopes, mutilated postage stamps* and internal revenue stamps, will not be accepted in payment for postage. Letters deposited in a postofiice having such mattef' afiixed are held for postage.

To use, or attempt to use, in payment of postage a postage stamp, or stamped envelope, or any stamp cut from such stamped envelopes, which has been before used in payment of postage, is punishable with a fine of fifty dollars.

In using postal cards, be careful not to write or have anything printed on the side to be used for the address, except the address; also be careful not to attach anything to them. They are nnmailable as postal cards when these suggestions are disregarded.

No cards are " postal cards " except such as are issued by the Post Office Department. In no one case will unclaimed cards be returned to the writer or sent to the Dead Letter Office. If not delivered within sixty days from time of receipt they will be burned by the post- master.

of it cannot be delayed or prevented by the writer; but, if the writei- request the return of the letter, which has not left in the mail, the post-master may deliver it, if he is satisfied that the party applying is the writer.

Printed matter, merchandise and otlier third-class matter cannot be forwarded from the office to which it is addressed unless postage is furnished for such purposes. A request to return indorsed on such matter will not be regarded unless postage is furnished for the purpose. A request to return written on such matter subjects the package to letter postage.

All packages mailed at less than letter postage should be wrapped so that their contents can be readily ascertained without destroying the wrapper.

The sender of any article of the third-class may write liis or her name or address therein, or on the outside thereof, with the word " from " above or preceding the same, or may write or print on any package the number and name of articles inclosed.

Rates Of Postage

On letters, sealed packages, mail matter, wholly or partly in writing, except book manuscript and corrected proofs passing between authors and publishers, and except local or drop letters, or postal cards; all printed matter so marked as to convey any other or further information than is conveyed by the original print, except the correction of mere typographical errors; all matter otherwise chargeable with letter postage, but which is so wrapped or secured that it cannot be conveniently examined by the post-masters with. out destroying the wrapper or envelope; all packages containing matter not in itself chargeable with letter postage, but in which is enclosed or concealed anj' letter, memorandum, or other thing chargeable with letter postage, or upon which is any writing or memorandum; all matter to which no specific rate of postage is

Rates Of Postage On Third-Class Matter

One cent for Hoo ounces. - Almanacs, books (printed), calendars, catalogues, corrected proofs, hand-bills, magazines, when not sent to regular subscribers, maps (lithographed or engraved), music (printed sheet), newspapers, when not sent to regular subscribers occasional publications, pamphlets, posters, proof-sheets, prospectuses, and regular publications designed primarily for advertising purposes, or for free circulatien, or for circulation at nominal rates.

Any article of mail matter, subject to postage at the rate of one cent for each ounce or fraction thereof, which mnv be enclosed in the same package with items subject to the rate of one cent for each two ounces or fraction thereof, will subject the entire package to the highest rate, viz.; one cent for each ounce or fraction thereof. The following articles are unmailable:

Packages containifig liquids, poisons, glass, explosive chemicals, live animals, sharp pointed instruments, flr>ur, sugar, or any other matter liable to deface or destroy the contents of the mail, or injure the person of any one connected with the service. All letters upon the envelope of which, or postal card upon which indecent, lewd, obscene, or lascivious delineations, epithets, terms or language may be written or printed, or disloyal devices printed or engraved, and letters or circulars concerning illegal lotteries, so called gift concerts or other similar enterprises offering prizes, or concerning schemes devised and intended to deceive and detraud the public- Also, all obscene, lewd or lascivious books, pamphlets, pictures, papers, prints or other publications of an indecent character.

Registered Matter

The fee for registering a letter going anywhere in the United States is fixed at ten cents in addition to the regular postage. Postmasters are required to register all letters properly presented for that purpose, but no letters are to be registered on Sunday.

Registered letters will never be delivered to any person but the one to whom they are addressed, or to one whom the post-master knows to be authorized to receive them.

Money Orders

The money-order system is intended to promote public convenience and to secure safety in the transfer through the mails of small fiums of money. The principal means employed to attain safety consists in leaving out of the order the name of the payee or per- ^on for whom the money is intended. Ln this respect a moneyorder differs from an ordinary bank draft or check. An advice or notification containing full particulars of the order is transmitted without delay by the issuing post-master to the post-master at the ofiice of payment. The latter is thus furnished, before the order itself is presented, with information which will enable him to prevent its payment to any person not entitled thereto, pi'ovided the remitter complies with the regulation of the Department, which prohibits him from sending the same information in a letter inclosed with his order.