Hancock County, Illinois - Chapter 27: Hancock Railways, 1880 (part 1 of 2)

Chapter 27: Hancock Railways

The county of Hancock contains within its limits one hundred and eleven miles, and three thousand seven hundred and eightynine feet of railway line, supplying convenient transportation for most of its citizens. The townships least favored with regard to them are Hancock on the east; Nauvoo, Appanoose and Sonora on the north-west; and Rocky Run, Walker and Wythe on the southwest. Yet there is no township but has some portion of it within five miles of one of these roads. Prairie contains more miles of road than an}^ other - all the roads in the county, excepting the Chicago and Quincy running through it. The Toledo, Peoria & Warsaw, including the Burlington branch, has a length of 47 miles and 3,848 feet within tlie county, through the townships of Wilcox, Montebello, Prairie, Rock Creek, Pilot Grove, Fountain Green and La Harpe, and touching Durham. The Wabash has 22 miles and 909 feet from Elvaston through Prairie, Carthage, Harmony and Chili. The C, B. & Q., including botli lines, has 41 miles and 1,576 feet, from Dallas City tlirough Dallas, Rock Creek, Prairie, Bear Creek and St. Alban's. The bridge road line measures 2,736 feet.

It would be nearly or quite as impossible to state what these roads have cost the people of the county, as to estimate their benefits. The former has been much more than has generally been supposed; while the latter can be hardly overstated.

To give a brief outline of their liistoiy, we must go back to the winter of 1836-'?. Under the Internal Improvement Act, passed by the craz}' Legislature at that session, the State undertook the construction of the Illinois and Michigan Canal, together with a score or so of railroads. One of these, as part and parcel of the vast scheme, was to be the Warsaw & Peoria railroad - 119 miles in length. Surveyors were set at work all over the State, running routes and planting stakes, and many of them were put partly under contract and work begun as early as 1838. In that year this W. & P. road was surveyed and sections at both ends put under contract. In a year or two thereafter, when the State became

This looked like being the end of railroad building in Illinois for many years to come. Gradually the work of building them by chartered companies gained i;round, and charters were as liberally granted as befoi'e had been the legislation to build them at State cost and with State effort.

The necessity for a railroad or other improvement around the rapids was early felt on both sides of the river; and we believe the first charter obtained after the great collapse, for any road in Hancock, was one granted in 1839 for the Des Moines Rapids railroad Company. Under this books were opened at points along the river for subscriptions to the stock. How much was subscribed we do not know, but not enough to ensure success, and the project was abandoned. A few years afterward, 1S47 or thereabouts, the AVarsaw and Nauvoo project was revived and a charter obtained, or the old one modified ; and subsequently, in 1851, the plan was enlarged so as to include both rapids, and the Warsaw & Rockford railroad company was chartered. About the same time, or later, the Mississippi & Wabash company was chartered. Subsequently it was divided into sections, to be independent of each other, and commissioners appointed to each; the first section to embrace the line between Warsaw and the Northern Cross railroad. In the mean time, on petition, the County Board had ordered a vote on the question of subscription of $100,000 to each road, which was carried (see Elections Chapter); and in 1859 an act was passed, among other provisions, legalizing this vote and subscription.

But the matter dragged ; and to this day the Warsaw & Rockford railroad and the Warsaw & Nauvoo railroad are things ot the future, if ever to be i-ealized. The subscription of $100,000 has gone " whei'e the woodbine twineth;" but the bonds based thereon, like Banquo's ghost, continue to rise up to vex the tax-payers.

The M. & W. was more successful. Other charters were obtained, and repeals and amendments, too numerous to follow. One of these charters was the Springfield, Keokuk & Warsaw; another the Illinois & Southern Iowa, and through and by these, or a combination of them all, the original route was changed in the direction of Springfield.

By the spring of 1858, the work had so far progressed as to begin the laying of ties in April ; and that summer construction trains were running upon the prairie, we believe as^far as Carthage.

The Peoria route had not been abandoned, and in 1864, that road was built through the county, and subsequently the branch from La Harpe to Burlington added. Following, in lS68-'70, the Quincy & Burlington branch was built, under the auspices of the C, B. & Q. This road (the old road, from Quincy to Galesburg), had been in progress, we believe, before work had been begun on any of the other routes; and in 1855 the first car was run in Hancock county on that road, through Augusta and Plymouth.

The courts recognize two kinds of law, Statute and Common. Statute law is that which is enacted by the Legislature. Common law consists of all the law of England, - whether Statute, or Common, which was in force in that country at the time of our independence, and recognized by our courts, and which has not since been repealed or disused.

We have wliat is called established law. For this branch of common law there is no authority excepting the decisions of the courts; hence the value of the reported decisions which are published by official reporters. The law presumes that every body is acquainted with it. Mistakes of fact can be corrected by the courts, but not mistakes of law; no man being permitted to take advantage of a mistake of the law, either to enforce a right, or avoid an obligation; for it would be dangerous and unwise to encourage igno^ ranee of the law, by peripitting a party to profit, or to escape, by his ignorance. One is required at his peril to know the law of his'own country.

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 to real or personal property, by railroad companies; in actions of replevin; of actions for damages for fraud; in the sale, purchase, or exchange of personal property, when the amount claimed as due is not over $200. They have also jurisdiction in all cases for violation of the ordinances of cities, towns, 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 arrest 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 settlements of their accounts; all matters relating to apprentices; proceedings for the collection of taxes and assesments, and in proceedings of executors, administrators, 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 psace now have, or hereafter may have, jurisdiction when the amount claimed shall not exceed $1,000; and in all criminal offenses, where the punishment is not imprisonment in the penitentiary or death, and in all cases of appeals from justices of peace and police magistrates, except when the county judge is sitting as a justice of the peace.

Commissioners Of Highways

The commissioners of highways in the different towns, have the care and superintendence of highways, and bridges therein. They have the power to lay out, vacate, regulate and repair all roads, build and repair l)ridges, and divide their respective towns into as maoy road districts as they shall think convenient. This is to be done annually, and ten days before the annual town meeting. In addition to the above, it is their duty to erect and keep in repairs 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 roads may lead; also to make provisions to prevent thistles, burdock, cockle-burs, 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 advisable. Every able-bodied male inhabitant, being above the age of twenty-one years, and under fifty, excepting paupers, idiots, lunatics, trustees of schools and school directors, and such others as are exempt by law, are required to labor on highways in their respective road districts, not less than one, nor more than three days in eacli year. Three days' notice must be given by the overseer, of the time and place he requires such road labor to be done. The labor must be performed in the road district in which the person resides. Any person may commute for such labor by paying the equivalent in money. Any person liable for work on highwa3's, who has been assessed two da3-s or more, and lias not commuted, may be required to furnish team, or a cart, wagon or plow, with a pair of horses or oxen and a man to manage them, for which he will be entitled to two days' work. Eight hours is a days' work on the roads and there is a penalty of twenty-five cents an hour against any person or siibstitute who shall neglect or refuse to perform. Any person remaining idle, or does not work faithfully, or hinders others from doing so, forfeits to the town $2, Every person assessed and duly notified, who has not commuted, and refuses or neglects to appear, shall forfeit to the town for every day's refusal or neglect, the sum of $2; if he was required to furnish a team, carriage, man or implements, and neglects or refuses to comply, he is liable to the following fines: 1st, For wholly failing to comply, S-i each day; 2d, For omitting to furnish a man to manage team, $2 each day; 3d, For omitting to furnish a pair of horses or oxen, $1.50 each day; ith. For omitting to furnish a wagon, cart or plow, 75 cents each day. The commissioners estimate and assess the highway labor and road tax. The road tax on real and personal property can not exceed forty cents on each hundred dollars' worth. The labor or road tax in villages, towns or cities, is paid over to the corporate authorities of such, for the improvement of streets, roads and bridges within their limits.

The legal voters of townships, in counties under township organization may, by a majority vote, at their annual town meeting, order that the road tax may be collected in money only.

Overseers. - Their duties are to repair and keep in order the highways in their districts; to warn persons to work out their road tax at such time and place as they think proper; to collect fines and commutation money, and execute all lawful orders of the commissioners of highways; also make list, within sixteen days after their election, of the names of all inhabitants in his road district, liable to work on highways. For refusal to perform any of his duties he is liable to a fine of $10;

As all township and county officers are familiar with their duties, it is here intended only to give the points of law with which the public should be familiar. The manner of laying out, altering, or vacating roads, etc., will not be here stated, as it would require more space than can be spared in a work like this. 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 the 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 fif't_y, 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 wide. Private roads for private and public use may be laid out three rods wide, 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 recinded. Commissioners in their discretion may permit persons who live on or have private roads, to work out their road tax thereon. Public roads must be opened in five years from date of filing order of location, or be deemed vacated. FENCES.

The town assessor and commissioners of highways shall be fence viewers in their respective towns in counties under township organization. In other counties, the county board appoints three in each precinct, annually.

A lawful fence is four and one-half feet high and in good-repair, consisting of rails, timbers, boards, stones, hedges, or any other material the fence viewers may deem sufficient. The electors at any annual town meeting may determine what shall constitute a legal fence in the town.

Division fences shall be made and maintained in just proportion by the adjoining owners, except where the owner shall choose to let his land lie open; but after a division fence has been built by mutual agreement or otherwise, it shall not be lawful for either party to remove his part of said fence, so long as he may crop or use such lands for farm purposes, or without giving the other party one year's notice in writing, of his intention to move his portion of the fence. Adjoining owners should endeavor, if possible, mutually to agree as to the proportion that each shall maintain of the division fence between their adjoining lands; and the agreement should be reduced to writing, each party taking a copy. 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 that time of such fence. The value of such fence, and the proportion thereof to be paid by such person, and the proportion of the division fence to be made and maintained by him, in case of his inclosing his land, shall be determined by two fence viewers of the town. Such fence viewers have power to settle all disputes between owners as to fences built or to be built, as well as concerning 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 in which such fences are situated. 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 shall be final. Tlie decision must be reduced to writing, and should plainly set out a description of the fence and all matters settled by them, and must be filed in the office of the town clerk.

If any person who is liable to contribute to the erection or reparation of a division fence, shall neglect or refuse to make or repair his proportion of such fence, the party injured,after giving sixty days' notice, in writing, that a new fence should be erected, or ten days' notice, in writing, that the repair of such fence is necessary, may make or repair the same at the exi^ense of the party so neglecting or refusing, to be recovered from him with costs of suit; and the party so neglecting or refusing, after notice in writing, shall be liable to the party injured for all damages wliich shall thereby accrue, to be determined by any two fence viewers. "When a person shall conclude to remove his part of the 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.

"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 six 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 laud from which it was taken ; nor shall such 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 by the parties, except in cases where a party neglects or refuses to make or maintain a just proportion of a division fence, when the party in default shall pay them.

Drainage

Whenever one or more owners or occupants of land desire to construct a drain or ditch, through another man's land, the right can be had only under legislative authority, or is granted or exists by prescription or by consent of the owner.

Dripping water from one house upon another can be allowed only where the owner has acquired the right by grant or prescription; and 110 one has a right to construct his house so as to let the water drip over his neighbor's land..

Trespass Of Stock

Where stock of any kind breaks into any person's inclosure, the fence being good and sufficient, the owner is liable for the damage done; but where the damage is done b}^ stock running at large, contrary to law, the owner is liable where there is not such a fence. Where stock is found trespassing on the inclosure of another as aforesaid, the owner or 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 snit 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 tlie fact to the owner, if known ; or if unknown, notice must be posted in some public place near tlie premises.

Stra}- animals are those whose owner is unknown, any beasts, not wild, found on one's premises, and not owned by the occupant. Any animals 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 loth day of April in other counties, the owner being unknown, may be taken up as estrays. A party who wishes to detain property as an estray, must show an exact conlpliance with the law. In order to vest the property of the stray in him, such acts must appear in detail on the record.

No person not a householder in the county where the estray is found can lawfully take up an estray, and then only upon or about his farm or place of residence. Estrays should not be used before advertised, except animals giving milk, which may be milked for their benefit. Notices must be posted up within five days in three, of the most public places in the town or precinct in which the 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 nor more than fifteen days from the time of posting such notices, he will apply to have the estray apprised. If the owner of an 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 mentioned in above notice, and make an afiidavit as required by law. All subsequent proceedings are before the justice who is familiar therewith; therefore we omit them 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. Ordinary diligence is required in taking care of estrays, but in case they die or get away, the taker-up is not liable for the same.

If a man finds estrays in his field be is not bound to retain them for the owner, but may drive them off into the highway without being liable to an action. But a person who chases a horse out of his field with a large fierce dog, commits an unlawful act, and is liable for any injury which the act occasions. A person who takes anestray to keep for the owner, but does not pursue the course prescribed by statute, is not liable to an action unless he uses the same or refuses to deliver it on demand. Riding a horse to discover the owner is not " use."

HORSES Are animals of a domestic nature. Under the age of four years they are called colts. A borrower of a horse is liable for negligence, misuse, or gross want of skill in use. The lender is liable in case the animal lent is unfit or dangerous, as he thus may occasion injury. The animal should be used only for the purpose and to the extent stipulated, and not by a servant.

If he dies from disease, or is killed by inevitable accident, the borrower is not liable. Defects which are manifest, open and plain to an ordinary observer, and those also which are known to the buyer, are not usually covered by a general warranty. The former requires no skill to discover them, and the latter may be objected to or acquiesced in at the time of the purchase. In the case of latent defects existing in such a condition that they could not be detected by the buyer, and are known to the seller, who fails to disclose them to the buyer, the latter practices a constructive fraud, unless the animal is sold " with all faults." By consenting to purchase the horse " with all faults," the purchaser takes upon himself the risk of latent or secret defects, and calculates the price accordingly. But even this kind of a purchase would be voidable if the seller had purposely, and to deceive the purchaser, covered, filled up, patched, plastered, or otherwise practiced fraud to conceal any defects, and he would be liable.

Hiring out a horse and carriage to perform a particular journey, carries with it the warranty of the person letting the horse and carriage, that each of them is fit and competent for such journey; but, if a horse is hired for one purpose, and is used for another and is injured, the hirer is liable for the damage sustained. The hirer is in all cases answerable for ordinary neglect. If he uses the hired horse as a prudent man would his own, he is not liable for any daraagti -which the horse may receive. If, however, he keeps the hired horse after a stipulated time, or uses it difl'erently from his agreement, he is in any event liable. If the hirer sells the horse, the owner may recover its value of the purchaser, though the purchaser had in good faith given the hirer full value for it, as the hirer could give no better title than he had liimself.

Mischievous animals render their owners liable when known to them to be so, and they are responsible for the damage they may do when they permit them to go at large. Any person may justify the killing of ferocious animals.

Mares And Brands

Owners of cattle, horses, hogs, sheep or goats, may have one earmark and one brand, which shall be difl'ereut from his neighbors', 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 prima-facie evidence. Owners of cattle, horses, hogs, sheep or goats, that may have been branded by former owners, may be rebranded 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.

Articles Of Agreement

An agreement is virtually a contract by which a certain person (or persons) agrees or contracts to perform certain duties within a specified time. Good business men always reduce an agreement to writing, which nearly always saves misunderstandings and long and expensive lawsuits. No particular form is necessary, but the facts must be clearly and explicitly stated; and there must be a reasonable consideration, else the agreement is void.

Unless it is expressly stipulated that the agreement is binding for a longer time, the contract expires at the end of one year. Every agreement should state most distinctly the time within which its conditions are to be complied with. A discovery of fraud, or misrepresentation by one party to the agreement, or changing of the date, renders the contract void. Each party should retain a copy of the agreement.

Genekal Foem Of Agkeement

This Agreement, made the third day of November, 1878, between Damon Clarke of Macomb, county of McDonough, State of Illinois, of the first part, and William Hays, of the same place, of the second part.

WITNESSETH, That tlie said Damon Clarke, in consideration of the agreement of the party of the second part, hereinafter contained, contracts, and agrees to, and witli the said William Hays, that he will deliver in good and marketable condition, at the city of Galesburg, 111., during the month of December of this year, nine hundred bushels of corn, in the following lots, and at the following specified times, namely: one hundred bushels by the fifth of December, three hundred bushels by the fifteenth of December, and the balance by the thirtieth of December.

And the said William Hays in consideration of the prompt fulfillment of this contract on the part of the party of the second part, contracts to, and agrees with the said Damon Clarke, to pay for said corn fifty cents per bushel as soon as delivered.

In case of failure of agreement by either of the parties hereto, it is iiereby stipulated and agreed that the party so failing shall pay to the other, one hundred dollars, as fixed and settled damages.

A note is legal, worded in the simplest way, so that the amount and time of payment are mentioned. The following is a good form: 8100 Chicago, III., May 1, 1S79.

To make a note payable in anything else than money, insert the facts instead of the sum of money alone; unless paid when due, it is payable in money. To hold an indorser of a note, due diligence must be used by suit in collecting of the maker, unless suit would have been unavailing. Notes payable to person named or to order, in order to absolutely transfer title, must be indorsed by the payer. Notes payable to bearer may be transferred by delivery, and when so payable, ever}' indorser thereon is held as a guarantor of payment unless otherwise expressed.

If the note is payable to a person or order, or to a person or bearer, to a person or his assigns, or to a cashier of an incorporated company, such notes are negotiable.

When transferring a note, the iudorser frees himself from responsibility, so far as the payment is concerned, by writing on the back, above his signature, without recourse to me in any event.

A note is void when founded upon fraud. Thus a note obtained from a person when intoxicated, or obtained for any reason which is illegal, cannot be collected. A note given on Sunday is also void.

1^0 defense can be made against negotiable paper purchased before maturity for good consideration in the usual course of business, without knowledge of facts impeaching its validity, except fraud was used in obtaining tlie same. Thus if A gives his note to B for $150, receives in consideration a shawl and five pieces of cloth. The former was represented to be worth $75, and the cloth the best imported English goods. When, in fact, the shawl was only worth $8, and suits made of the cloth wore out in less than six weeks, long before the note was due. B, however, had sold the note to C, who did not know the circumstances, and before it was due - A would be obliged to pay it.

Judgment Note

For value received I promise to paj' Ewing Summers, of Galesburg, or order, two hundred dollars, with interest, on the first day of January next. And, further, I do hereby empower any attorney of any court of record in Illinois, or elsewhere, to appear for me, and after a declaration filed therefor, to confess a judgment against me in the above sum, as of last, next, or any subsequent term, with cost of suit, release of error, etc., with stay of execution until said first da}' of January.

Witness my hand and seal at Galesburg, 111., this sixth day of March, in the year one thousand eight hundred and seventy-nine. [seal] John Jones.

Interest

Interest is the compensation which is paid by the borrower of money to the lender for its use. When the debtor expressly undertakes to pay interest, he is bound to pay it; but if a party has accepted the principal, he cannot recover interest in a separate action. Daring the course of dealings between parties, a promise to pay is implied, and the debtor is bound to pay. So also on an account stated, whenever the debtor knows precisely what he is to pay, and when he is to pay it, after a demand of payment; but interest is not due on a running account, even when the items are all on one side, unless otherwise agreed upon. Where the terms of a promissory note are that it shall be paid by installments, and on the failure of any installment the whole is to become due, interest on the whole becomes payable from the iirst default. Where, by the term of a bond or promissory note, interest is to be paid annually, and the principal at a distant day, the interest may be recovered before the principal is due.

Interest is collectible in the following cases: For goods sold and delivered after the stipulated term of credit has expired; if there be no credit, then from the time of sale; on judgment debts, from the rendition of judgment; on money obtained by fraud, or where ii lias been wrongfully detained (for whoever receives money not his own, and detains it from the owner unlawfully, must pay interest therefor: hence a public officer retaining money wrongfully is liable for the interest); on monej' paid by mistake, or recovered on a void execution; on money lent or laid out for another's use; and rent, from the time that it is due.

When the rate of interest is specified in any contract, that rate continues until full payment is made. A debt barred by the statute of limitations and revived by an acknowledgment bears interest for the whole time.

Computing Interest. - In casting interest on notes, bonds, etc., upon which partial payments have been made, every payment is to be first applied to discharge the interest; but the interest is never allowed to form a part of the principal, so as to carry interest. When a partial payment is made before the debt is due, it cannot be apportioned part to the debt and part to the interest, but at the end interest shall be charged on the whole sum, and the obligor shall receive credit for the interest on the amount paid until the interest becomes due.

T!ie legal rate of interest is six per cent. Parties may agree in writing on a rate not exceeding eight per cent. If a rate of interest greater than eight per cent, is contracted for, the penalty is a forfeiture of the entire interest, and only the principal can be recovered.

month shall be considered a calendar mouth or twelfth of a year, and for less than a month, a day shall be hgured a thirtieth part of a month. 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 tace. 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 be 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 will. 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 years ot age, a convict, a drunkard, a lunatic, or an imbecile.

Persons knowing themselves to have been appointed 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 accept. 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.

A will made by an unmarried woman is legally revoked by marriage; but she can take such legal steps in the settlement of her property before marriage as will empower her to dispose of the same as she may choose after marriage. No husband can make a will that will deprive the wife of her right of dower in the property; but the husband can will the wife a certain amount in lieu of her dower, stating it to be in lieu thereof. Such bequest, however, will not exclude her from her dower, provided she prefers it to the bequest made in the will. Unless the husband states distinctly that the bequest is in lieu of dower, she is entitled to both.

In case a married woman possesses property and dies without a will, her husband is entitled to administer upon such property in preference to any one else, provided he be of sound mind.

Notice requiring all claims to be presented against the estate shall be given by the administrator within six months after being qualified. Any person having a claim and not presenting it at the time fixed by said notice, is required to have summons issued notifving the executor of liaving filed his claim in court. 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 be 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. Claims are classified and paid out of the estate in the following manner:

5th. All expenses of proving the will and taking out letters testamentary or of administration, and settlement of the estate, and the physician's bill in the last illness of the deceased.

6th. Where the deceased has received money in trust for any purpose, his executor or administrator shall pay out of liis estate the amount received and not accounted for.

7th. 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 widow, 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.

General Fokm Of Will Foe Real And Personal Property

I, Samuel T. Lewis, of the city of Chicago, county of Cook, State of Illinois, being aware of the uncertainty of life, and in failing health, but of sound mind and meraorj', do make and declare this to be my last will and testament, in manner following, to-wit:

First. I give, devise and bequeath to my oldest son, Franklin M. Lewis, the sum of Four Thousand dollars of bank stock, now in the First National Bank, Chicago, Illinois, and the farm o%vned by myself, in Ontario township, Knox county, Illinois, consisting of one hundred and sixty acres, with ail the houses, tenements, and improvements thereunto belonging; to have and to hold unto ray said son, his heirs and assigns, forever.

dollars in bank stock, in the First National 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 tlie Recorder's office of said county. The north one hundred and sixty acres of said half section is devised to my elder daughter Lida Louan.

Third. I give, devise and bequeath to my son, Fred Davis Lewis, five shares of railroad stock, in the C, B. & Q. Railroad, and my own one hundred and sixty acres of land and saw-mill thereon, situated in Astoria, Illinois, witli 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, Tryuhena Lewis, all my household furniture, goods, chattels, and personal property, about tn}' 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 & Pacific Raih'oad, and the free and unrestricted use, possession and 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 ray store Uuildhig, at Canton, Illinois, during the terra 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 Trj'phena 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 furtlier direct that my debts and necessary funeral expenses shall be paid 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 third 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 presence of each other, have subscribed our names hereunto as witnesses thereof.

"Whereas, 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 Louan, has deceased, November tifth, eighteen hundred and seventyfour, and, whereas, a son has been boi-n to me, which son is now christened Charles Burchard 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 tliis 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 thereto, at the date hereof.

Descent

First. To his or her children and their descendants, in equal parts; 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, brotliers 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.

Fifth. If there be 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 brother and sister of the intestate, and there shall be no distinction between kindred of the whole and the half-blood.

Sixth. If any intestate leaves a widow or surviving husband 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 writing, conveying 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 any Court of Record having a seal, or any Judge, Justice or Clerk of any such court. The instrument shall be attested by the official seal 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 other competent evidence introduced. Acknowledgments made out of the State must either be executed according to the laws of 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 wai%'er 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 following requisites are necessary': 1st, he or she must be of age; 2d, must be of safie ip,ind; 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 Ifave no right to make the slightest 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 ackowledge the deed, or else, after the death of her husband, she will be entitled,to one-third interest in the property, as dower, 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 tlie 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 defend against others. We do not give form 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 contrar}', the mortgagee of personal property has the legal title thereto, and the right of possession, and he may have an action against any one taking them from the mortgager. 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 trover against an officer attaching the goods as the property of the mortgagor.

A mortgage 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 lor an absolute discharge of the debt, then the equity or right of redemption is barred. Sat ifif action, or release of a mortgage, 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 personal property, or chattel mortgages, can be given for a period of only two years, and cannot be renewed or extended. Acknowledgment may 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 iipon default, and possession, and sale of the property taken and made; any delay will invalidate the mortgagee's lien.

Any 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 building, altering, repairing, or ornamenting any house, or other building or appurtenance thereto on such lot, or upon 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 work be done, or material furnished, within one year from the commencement of the work or delivery of the material. As between different creditors havintr liens, no preference is given to the one whose contract was made first; but each sliares pro rata. Incumbrances existing upon 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 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 m general terms description and situation of building], and that I shall hold the [building, or as the ease may be], and 3'our 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, with his fee, fifty cents, and a, copy of such notice must be pi;blished in a n&wspaper 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 pa}' such claim; if more than oneclaim, 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 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 lodging, and such extras as are furnished at their request.

Stahle-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 tlie owner, or the person having the possession of the eame.

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 for the same, are 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 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 projjerty. The purchaser m\ist 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 tirst part, for and in consideration of six hundred and lifty dollars, to me paid by Columbus C. Chapman, Astoria, Illinois, of the second part, tlie receipt whereof is hereby acknowledged, have sold, and by this instrument do convey unto the said Cliapnian, party of tlie second part, his executors, administrators, and a-signs, mj undivided lialf of ten acres of corn on ray farm in the town of Deer Creek, Illinois ; one pair of horses, twenty slieej), 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, liis 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 waiTant 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 exchange, 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 days.

Limitation Of Action

The limit of time in which action may be brought on certain things is as follows: 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 barred by the law of another State, it has the same efiiect here; assault, slander, libel, replevin, one yeai-; 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

Tlie folloxoing 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 tiiem 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 dollars'vvorth of other property, to be selected by tlic debtor, and in addition, when the debtor is the head of a family and resides with the same, three hundred dollars' worth of other propertj' to be selected by the debtor, - provided that such selection and exemption shall not be made b^- the debtor or allowed to him or her from any money, salary or wages due him or her from an}' 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. No personal property is exempt from e.xe- cution when judgment is obtained for the xoages of laborers or servants. Wages of a laborer who is the hoad of a family cannot be garnisheed except for the sum due liim in excess of 825. LANDLORDS AND TENANTS. The ]>rincipal obligation on the part of a landlord, which is in fact always lo 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 liaving 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 paymant of all taxes chargeable upon the property, or any ground rents or interest upon mortgages to which it may be subject. Every landlord is bound to protect his tenant against all paramount claims. And if a tenant is compelled, in order to protect himself in the enjoj'ment 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 them, 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 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 ni;isance kept upon the premises, or by an obstruction of the highway's 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, and 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 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 live 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 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 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].

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 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.

Distress Foe Kent

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 npon, 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 promises 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 gatliered, 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 importance 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 oifense 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 qualifications. Soi if an act is made criminal, but 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 net been altered or modified by legislation or judicial decisions, they have the same force and effect as laws finally enacted.

1. Every man is presumed to be innocent till the contrary is sliown; and if there is any reasonable doubt of his guilt, he is entitled to the benefit of the 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.

7. 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 batterj'.

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

V. Offenses against pnllic justice - 1, perjury; 2, bribery; 3, destroying public records; 4, counterfeiting public seals ; 5, jail breach; 6, escape; 7, resistance to officers; 8, obstructing legal process; 9, barratry; 10, maintenance; 11, champerty; 12, conlOlS DIGEST OF STATE LAWS.

VI. Offenses against the public peace - 1, challenging or accept, ing a challenge to a duel; 2, unlawful assembly; 3, rows; 4, riot; 0, breach of the peace; 0, libel.

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

VIII. Offenses against public j^olicy - 1, false currency; 2, lotteries; 3, gambling; 4, immoral shows; 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 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 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 Connty Clerk of the amount for which it was sold, and twenty-five per cent, thereon if redeemed within six months, titty per cent, if redeemed between six and twelve months; if between twelve and eighteen months, seventy -five per cent., and if between eighteen montlis 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 sucli agents bear to their principal, and the law governing sncli 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 Ihe 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 emplo^^ed 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 tiie subscription conditional, or modify or change the agreement of the publisiier, as set out by tlie 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, desired 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 the'y 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 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 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 partially fulfilled, the party in fault may nevertheless recover from the other party for the actual benefit received and retained by the other party, less the damages 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 fifty-nine days, and then quit without any reasonable excuse therefor, it was held that B might nevertheless recover from D for what the work was reasonably worth, less any damage that D may have sustained by reason of the partial non-fulfillment of the contract.

Newspaper Libel

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 bo7ia 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 paj' 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 b'e made by the defendant personally; if made by a third person, at his request, it is sufiicient; 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 lias it and offers it. No conditions must be annexed to the tender, which the creditor can have any good reason whatever for 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 niore 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 another debt truly due.

Tender of Chattels. - The thing tendered may not be money, 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 different 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 cumbrousness of the chattels or other circumstances, that it is reasonable and just for the deliverer to ascertain from the receiver, long enough 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 promise 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 may 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 vvitliout 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 I'ully 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 bis own.

Drunkenness

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 afford relief, either in civil or criminal cases, from the 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 consciousnessi strong presumption of fraud is raised ; and on that ground courts may interfere.

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

Marriage Contract

Marriage is a contract, made in due form of law, by wliicli a man and woman reciprocally engage to live with each other during their joint lives, and to discharge towards eacli other the duties imposed by law on the relation of husband and wife. Tlie marriage contract is in law a civil contract, to which the consent of the parties is essential. Tlie 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 willing 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 meiUin or insane, or has a husband or wife living, the marriage is void.

The husband is bound to receive liis wifeat hi mie, 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 lu.xuries 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 lie may buy any real estate he may deem jiroper; 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 liusband. and is bound to follow liim wherever in the country he may go and establish himself, provided it is not for other causes unreasonable.

She is under obligation to be faithful in chastity to her marriage vow. A wife has the right to the lore and protecting care of her liusband; she has the right to share his bed and board; she can call upon her husband to provide her 'witli the necessary food and clotliing, according to her position in life, and if he neglects or refuses to do so, she can procure them on his account.

Maekied Women

May bargain, sell, and convey their real and personal property, and enter into contracts with reference to the same. The wife may be the 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 liusband 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. If she leaves him because he treats her so ill that she has good right to go from him and his liouse, 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 undoubtedly 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 rights. But many women about to marry - or their friends for thera - 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 iu 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 of tho hui^band, in addition to the widow's award, a married woman lias a dower interest [one-third] in all real estate owned by her Imsband after their marriajje, 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 Montu

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 j^ational authority.

The rulings of courts are that the trustees of a school district may prescribe what studies shall 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 infant in the particular case. All his other contracts are considered voidable 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 he 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 aganist himself. An infant may sue on a bill, but he sues by his gnai-dian or next friend, and payment should accordingly' be made to him.

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

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 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.

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 anj' meeting held for 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 the 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 [church,

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.