Peoria County, Illinois - Chapter with an unread heading (no. 23 of those read), 1880 (part 1 of 2)

Of State Laws

Laws: Bills of Exchange - Promissory Notes - Interest - Taxes - Exemption From Forced Sale - Deeds and Mortgages - Form of Chattel Mortgage - Landlord and Tenant - Laborer's and Mech.nnic's Lien - jurisdiction of Courts - Limitations of Actions - Subscriplions - Married Women - Adoption of Children - Estrays - Marks and Brands - Millers - Roads - Fences - Paupers - Drainage - Surveyors and Surveys - Church Organization. Miscellaneous Forms ; Form of an Order - Form of a Receipt - Form of Bill of Sale or Purchase - Form of Articles of Agreement - Form of Agreement for Sale of Real Estate - Form of Bond - Form of Release - General Form of Will - P'orm of Codicil.

The Constitution

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

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

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

No person sluill be a representative who shall not iiavo attained to the a^e of twenty - five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen.

Representatives and direct taxes shall be apjjortioned among the several States which maybe included within tliis Union, according to their respective niimliers, whicli shall lie determined by adding to the whole number of free persons, ineluding those bound to service for a term of years, and excluding Indians not taxed, tiiree-lifths of all other persons. The actual enumeration shall be made within three years alter the first meeting uf the Congress of the United States, and within every subseciuenl term of ten years, in such manner as they shall l)y law direct. The ninnber of rei)resentatives shall not exceed one for every thirty tiuaisand, but each State shall have at least one representative; and until such enumeration shall be made the State of New Hampshire shall be entitled to choose three, Ma.ssachusetts eight, Rhode Island and rrovidenee Plantations one, Connecticut five. New York six. New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, and Georgia three.

General History Of Illinois

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

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

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

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

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

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

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

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

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

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

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

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

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

services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same ; and for any speech or debate in either house they shall not be questioned in any other place.

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

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

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

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

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

To ])romote the progress of sciences and useful arts, by securing, for limited times, to authors and inventors, the exclusive rigiit to their respective writings and discoveries ;

To make rules for the government and regulation of the land and naval forces ; To provide for calling forth the militia to exercise the laws of the Union, suppress insurrections, and repel invasions ;

To provide for organizing, arming and disciplining the militia, and for governing such part of them as ma)' be employed in the service of the United States, reserving to the States respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress ;

To exercise legislation in all cases whatsoever over such district (not exceeding ten miles square) as may, bj' cession of particular States, and the acceptance of Congress, become the seat of the Government of the United States, and to exercise like authority over all places purchased by the consent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock yards, and other needful buildings ; and

To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any department or officer thereof.

Sec. 9. The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.

The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. No bill of attainder or ex post facto law shall be passed.

No tax or duty shall be laid on articles exported from any State. No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another ; nor shall vessels bound to or from one State be obliged to enter, clear, or pay duties in another.

No money shall be drawn from the Treasury, but in consequence of appropriations made by law ; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.

No title of nobility shall be granted by the United States ; and no person holding any office of profit or trust under them shall, without the consent of Congress, accept of any ^jresent, emolument, office, or title of any kind whatever, from any king, prince, or foreign State.

Sec. 10. No State shall enter into any treaty, alliance, or confederation ; grant letters of marque and reprisal ; coin money ; emit bills of credit ; make any thing but gold and silver coin a tender in payment of debts ; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.

No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws, and the net produce of all duties and imposts laid by any State on imports or exports, shall be for the use of the Treasury of the United States ; and all such laws shall be subject to the revision and control of the Congress.

No State shall, without the consent of Congress, lay any duty on tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.

Section 1. The Executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four j-ears, and, together with the Vice President chosen for the same term, be elected as follows :

Each State shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the State may be entitled in the Congress ; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.

[-The Electors shall meet in their respective States and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each ; which list they shall sign and certify, and transmit, sealed, to the seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed ; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President ; and if no person have a majority, then from the five highest on the list the said house shall in like manner choose the President. But in choosing the President, the vote shall be taken by States, the representation from each State having one vote ; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice President. But if there should remain two or more who have equal votes, the Senate shall choose from tliem by ballot the Vice President.]

The Congress may determine the time of choosing the electors, and the da)- on which they shall give their votes ; which day shall be the same throughout the United States.

No person except a natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President ; neither shall any person be eligible to that office wlio shall not have attained the age of thirty-five year.<, and been fourteen years a resident within the United States.

In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed or a President be elected.

The President shall, at stated times, receive for his services a compensation which shall neither be increased or diminished durim; the period for which he siiall iuive been elected, and he shall not receive within that period any other emolument from the United States or any of them.

'* I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ai)ility, preserve, protect, and defend the Constitution of the United States."

Sec. 2. The President shall be the commander in chief of the army and navy of the United States, and of the militia of the several States, wlien called into the actual *Thi> cUuse between brackets lias been sufiencded and annulled by the Twcllth Amendment.

General History Of Tllinois

service of the United States ; he may require the opinion, in writing, of the principal officer in each of the executive departments upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardon for offenses against the United States, except in cases of impeachment.

He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur ; and he shall nominate, and by and with the advice of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States whose appointments are not herein otherwise provided for, and which shall be established by law ; but the Congress may by law vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments.

The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.

Sec. 3. He shall from time to time give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient ; he may on extraordinary occasions convene both houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such a time as he shall think proper ; he shall receive ambassadors and other public ministers ; lie shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.

Sec. 4. The President, Vice-President, and all the civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, briber}', or other high crimes and misdemeanors.

Section 1. The judicial power of the United States shall be vested in one Supreme Court, and such inferior courts as the Congress may from time to time ordain and establish. The Judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office.

Sec. 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the Unite<l States, and treaties, made, or which shall be made, under tlieir authority ; to all cases aifec ting ambassadors, other public ministers, and consuls ; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party ; to controversies between two or more States; between a State and citizens of another State ; between citizens of different States ; between citizens of the same State claiming lands under grants of different States, and between a state or the citizens thereof, and foreign St.ites, citizens, or subjects.

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the Supreme Court shall have original jurisdiction.

In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall iiiake.

The trial of all crimes, except in cases of impeachment, shall be b}' jury ; and such trial shall be held in the State where the said crimes shall have been committed ; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed.

Sec. 3. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be

The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attained.

Section I. Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of everj' other State. And the Congress may, by general laws, prescribe tlie manner in which such acts, records, and proceedings shall be proved, and the effect thereof.

A person charged in any State with treason, felony, or other crime, who shall flee from justice and be found in another State, shall, on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime.

No person held to service or labor in one State, under the laws thereof escaping into another, shall, in consequence of any law, or regulation therein, be discharged from such service or labor, but shall be delivered up on the claim of the party to whom such service or labor may be due.

Sec 3. New States may be admitted by the Congress into this Union ; but no new State shall be formed or erected within the jurisdiction of any other State ; nor any State be formed by the junction of two oi more States, or parts of States, without the consent of tlie Legislatures of tlie States concerned, as well as of the Congress.

The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States ; and nothing in this constitution shall be so construed as to prejudice any claims of the United States or of any particular State.

Sec. 4. The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion, and on application of the Legislature, or of the Executive (when the Legislature can not be convened), against domestic violence.

The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the Legislatures of twothirds of the several States, shall call a convention for proposing amendments, which, in either case, shall he valid to all intents and purposes as part of this Constitution, when ratified by the Legislatures of three-fourths of the several States, or by conventions in three-fourths tlicreof, as tlie one or the other mode of ratification may be proposed by the Congress. Provided that no amendment which may be made prior to the year one thousand eight hundred and eiglit shall in any niaiiiier affect the first or fourth clauses in the ninth section of the first article ; and that no State, without its consent, shall be deprived of its eijual suffrage in the Senate.

All debts contracted and engagements entered into before the adoption of this Constitution shall be as valid against the United States under this Constitution as under the Confederation.

This Constitution, and the laws of the United Slates which shall be made in pursuance tiiereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land ; and the Judges in every State

General History Of Ilunois

The Senators and Representatives before mentioned, and the members of the several State Legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation to support this Constitution ; but no religious test shall ever be required as a qualification to any office or public trust under the United States.

The ratification of the Conventions of nine States shall be sufficient for the establishment of this Convention between the States so ratifying the same. Done in convention by the unanimous consent of the States present, the seventeenth day

Geo. Washington

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press ; or the right of the people peaceably to assemble, and to petition the Govtrnment for a redress of grievances.

A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.

No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law.

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated ; and no warrants shall issue but upon probable cause, supported by oath or afiBrmation, and particularly describing the place to be searched and the persons or things to be seized.

No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in c.ises arising in the land or naval forces, or in the militia when in actual service in time of w!\r or public danger ; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb ; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law ; nor shall private property be taken for public use, without just compensation.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the SUite and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation ; to be confronted with the witnesses against him ; to have compulsory process for obtaining witnesses in his favor ; and to have the assistance of counsel for his defense.

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall lie preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States than according to the rules of the common law.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State.

The electors shall meet in their respective States and vote by ballot for president and vice-president, one of whom, at least, shall not be an inhabitant of the same State with themselves ; they shall name in their ballots the person to be voted for as president, and in distinct ballots the person voted for as vice-president, and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice-president, and of the number of votes for each, which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes for president shall be the president, if such number be a majority of the whole number of electors appointed, and if no person have such majority, then from the persons having the highest number, not exceeding three on the list of those voted for as president, the House of Representatives shall choose immediately, by ballot, the president. But in choosing the president, the votes shall be taken by States, the representation from each State having one vote ; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majorit}^ of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a president whenever the riglit of choice shall devolve upon them, before the fourth day of March next following, then the vice-president shall act as president, as in the case of the death or other constitutional disability of the president. The person having the greatest number of votes as vice-president, shall be the vice-president, if such number be the majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the vice-president; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of president shall be eligible to that of vice-president of the United States.

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States, and of the State wherein they re- side. No State shall make or enfore any law which shall abridge the privileges or immunities of citizens of the United States ; nor shall any State deprive any person of life, liberty, or property, without due process of law, nor den}' any person within its jurisdiction the equal protection of the laws.

Sec. 2. Representatives shall be appointed among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed ; but when the right to vote at any election for the choice of Electors for President and Vice-President of the United States, Representatives in Congress, the executive and judicial officers of a State, or the members of the Legislature thereof, is denied to au\' of the male inhabitants of such state, being twenty-one years of age and citizens of the United States, or in any way abridged except for participation in rebellion or other crimes, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Sec. 3. No person shall be a Senator or Representative in Congress, or Elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath as a Member of Congress, or as an officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of an}- State to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each house, remove such disability.

Sec. 4. The validity of the public debt of the United States authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall pay any debt or obligation incurred in the aid of insurrection or rebellion against the United States, or any loss or emancipation of any slave, but such debts, obligations, and claims shall be held illegal and void.

Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous condition of servitude.

Bills Op Exchange

Foreign bills are frequently drawn in sets of three. In that case one of the set is written, " pay this first of exchange, second and third unpaid "; another is written, " pay this second of exchange, first and third unpaid," and the other is written, " pay this third of exchange, first and second unpaid." The bills are then sent out by different routes. The acceptance or payment of any one of the set stops payment on the balance.

The bills should be jDresented promptly to the drawer for acceptance. If he accepts he should write across the face of the bill the date of acceptance, the word " accepted," and under that his signature. By accepting the drawee becomes bound to pay the bill ; but if he refuses to accept or fails to pay after having accepted, the drawer will be obliged to pay it himself. The payee may transfer the bill by writing his name across the back of it, and having done so he will be bound to pay the bill, unless the drawer or acceptor pays it, or he limits his liability in the endorsement.

Whenever a bill of exchange, drawn or endorsed within this State and payable in a foreign country, is duly protested for non-payment or non-acceptance, the drawer or indorser must pay it and legal interest thereon from the time the bill ought to have been paid, and ten per cent, damages in addition, together with the costs and charges of protest. If a bill of exchange drawn upon any person out of this State and within the United States is protested for non-payment or non-acceptance, the drawer or indorser must pay it, with legal interest from the time it ought to have been paid, and costs and charges of protest and five per cent, damages in addition, if suit has to be brought on it.

Promissory Notes

Four months after date I promise to pay to the order of C. D. five hundred dollars, with interest, at the rate of eight per cent, per annum, at the Second National Bank, Peoria, 111., value received. A. B.

The promise may be to pay money or some article of personal property. Notes, made payable to any person named as payee therein, may be assigned, by the payee writing his name across the back, so as to vest the property thereof absolutely in the assignee, and to enable the assignee to sue on the note in his own name ; and the maker of the note is not allowed to allege payment to the paj^ee, made after notice of assignment, as a defense against the assignee. Every assignor is liable to the assignee of such a note, if the assignee has used due diligence, by the institution and prosecution of a suit against the maker thereof, for the recovery of the amount due thereon ; but if such a suit would have been unavailing, or the maker had absconded or resided without or had left the State, when the note became due, the assignee may recover against the assignor, without first suing the maker of the note. A note, payable to bearer, may be transferred by delivery, and an action may be maintained in the name of the holder of it ; and if any one endorses such a note he will be held as a guarantor of payment, unless it is stated otherwise in the indorsement. When sued on a note, the defendant may show that there was no consideration for the note, or that the consideration has wholly or partially failed, unless the suit is brought by a bo)ia fide assignee, who obtained the note before it became due. The maker of a note may set up in defense to any action on it that fraud and circumvention were used in obtaining the making or executing of it. If a note is endorsed after it falls due, the maker may set up in defense of an action on it by the endorser, any defenses that he could maintain, if the suit were brought by the payee, or anj' intermediate holder. If the note was transferred by delivery after it became due, the maker may set-off lo the amount of the plaintiff's debt any demand existing in his favor iigainst an}' person or persons who assigned or transferred the note after it became due, if the demand could have been set-off against the assignor wliile the note belonged to him. Notes and bills are entitled to days of grace, unless paj-able on sight, on demand, or on presentment. If a note or bill falls due on a regular holiday it is deemed as having matured on the day previous, or, if two holidays come together, on the day previous to the first of such days.

Interest

The statute allows interest at the rate of six per cent, per annum upon the loan or forbearance of any money, goods or thing in action, on judgments ; on all moneys that may become due on any bond, bill, note or other instrument in writing; on money lent, or advanced for the use of another ; on the balance due on account, after it is ascertained between the parties ; on money received to the use of another, and retained without the owner's knowledge ; on money withiield by an unreasonable and vexatious delay of payment. In written contracts, tlie parties may agree on any rate of interest not exceeding eight per cent. Whoever contracts to receive more than eight per cent, interest, forfeits the whole of the interest; but no corporation is allowed to interpose the defense of usury.

In computations of time, and of interest and of discounts, a month means a calender month, a year consists of twelve calendar months, and in allowing for any number of days less than a month, each day is considered the thirtieth part of a month.

All taxable real estate should be assessed at its fair cash value between the 1st day of May and the 1st day of July, 1880, and every four years thereafter; and during the same period of other years the Assessor should report to the County Clerk the value of improvements made or destroyed on the lauds assessed.

The Town Hoard meets on the fourtli Monday of June, 1880, and every four years thereafter, to review and correct the assessments of real property in tlic town ; and on the second Monday of June, in other years, to liear and pass upon comj)laints in reference to the assessment of real estate ; and on the fourth Monday of June in everj' year to review and correct the assessments of personal property, and improvements made or destroyed on real property.

The County Hoard meets annually on the second Monday of July to equalize the assessments between the towns of the county, to review the assessments an<l make such corrections as are just, and to assess lands listed which have not already been assessed.

The collectors' books are placed in the hands of the town and district collectors about the 1st of December in eacli year. They have until the 10th day of March follow- ing to collect taxes ; and on or before that day they should return their books to the County Clerk and make final settlement. All taxes due and unpaid on real estate when they make their final settlement or on the 10th of March, annually, are deemed delinquent and bear interest after the 1st day of May at the rate of one per cent, per month until paid or forfeited.

Personal property may be distrained and sold for the payment of the taxes on either personal or real estate ; and the tax on personal property may be charged against real property in cases of removals or when the tax can not be made out of the personal property.

Taxes assessed on real property are a lien thereon from the 1st day of May in the year in which they are levied until the}' are paid. The owner of property on the 1st day of May is liable for the taxes of that year.

The County Collector should give three weeks' notice by publication in some newspaper published in the county, that he will apply to the County Court, at the May term thereof, for judgment for sale of delinquent lands ; and, also, at what time he will offer for sale the lands, for the sale of which an order may be made by the County Court. Where application is made for judgment, any one interested may appear and offer any objections he may have why judgment should not be rendered, for the delinquent taxes, against any tract of land. And an appeal may be taken from the judgment of the County Court to the Supreme Court.

The taxes and accrued costs may be paid at any time after judgment before sale. The Collector should proceed on the day specified in his notice to sell the lands on which the taxes have not been paid. Everj' tract for which there is no bidder is forfeited to the State. In making up the tax due on forfeited lands the clerk, since July 1st, 1879, adds to the tax of the current year the back tax, interest, penalt}- and printers' fees remaining due, and one year's interest at ten per cent, on taxes forfeited prior to that date, and twenty-five per cent, on taxes forfeited after that date. Lands forfeited to the State may be redeemed or purchased.

Lands sold for taxes may be redeemed, before the expiration of two years from the date of sale, by paying to the County Clerk the amount for which the same were sold, and twenty-five per cent, thereon, if redeemed within six months from the date of sale ; if between six and twelve months, fifty per cent. ; if between twelve and eighteen months, seventy-five per cent. ; and if between eighteen months and two years, one hundred per cent.

At any time after the expiration of two years from the date of sale, for taxes, if the lands have not been redeemed, the purchaser, his heirs or assigns, having complied with the provisions of the statute governing such cases, will be entitled to a deed of conveyance.

Exemptions From Forced Sale

Every householder having a family is entitled to an estate of homestead to the value of $1,000 in the farm, or lot of laud and buildings thereon, owned or rightly possessed by lease or otherwise, and occupied by him as a residence ; and this homestead is exempt from forced sale, except for the payment of taxes or assessments, or for a liability incurred for the purchase or improvement thereof. If the owner sells his homestead, the proceeds of the sale, to the extent of $1,000, are also exempt ; and the sale would not subject the premises to any lien or incumbrance to which they would not have been subject in the hands of the owner. If the building, occupied as a homestead, is insured for the debtor's benefit, and burns down, the insurance money is exempt to the same extent that the building was. After the death of the householder the exemption continues for the benefit of the husband or wife surviving, ind of the children, until the j'oungest is twentyone years of age. If husband or wife deserts the family, the exemption continues for the benefitof the one remaining. The following articles of j)ersonal property, owned by the debtor, are also exempt from execution, writ of attachment, and distress for rent : Wearing apparel, bibles, school books and family pictures of every person, one hundred dollars' worth of other property to be selected by the debtor, and in addition, when the debtor is the head of a family and resides with it, three hundred dollars' worth of other property to be selected by him ; but the selection can not be made nor the exemption allowed from any money, salary, or wages due him. Whenever an execution, writ of attachment, or distress warrant is issued against a debtor, if he desires to have any of his property exempt from forced sale, he should make a schedule of all his personal property of every kind, including money on hand, debts due and owing to him, and subscribe and swear to it, and deliver it to the oflScer, and any personal property owned liy the debtor which he fails to put down on the schedule is not exempt and may be seized and sold b}- the officer. No property is exempt from sale to pay the wages of any laborer or servant. If the head of the family dies or deserts the family, the exemption enures to the benefit of those remaining. If an officer, by virtue of any process, seizes property exempt from levy and forced sale, he is liable to the party injured for double the value of the property so illegally taken.

Deeds And Mortgages

The grantor (here insert name and place of residence), for and in consideration of (here insert consideration) in hand paid, conveys and warrants to (here insert name of grantee), the following described real estate (here insert description), situated in the

A deed substantially in the above form would be a conveyance in fee simple, and by executing it the grantor would be held to have covenanted that at the time of the making and delivery of the deed he was lawfully seized of an indefeasible estate in fee simple, in and to the premises therein described, and had good right and full power to convej- the same; that the same were then free from all encumbrances, and that he warrants to the grantee, his heirs and assigns, the quiet and peaceable possession of the premises, and that he will defend the title thereto against all persons who may lawfully claim the same. These covenants would be as binding upon the grantor, his heirs and personal representatives, as if written at length in the deed.

Quit claim deeds may be made after the following statutory form : The grantor (here insert grantor's name), for the consideration of (here insert consideration), conveys and ijuit claims to (here insert the grantee's name), all interest in the following described real estate (here insert description thereof), situated in the

Deeds duly executed in this form are sufficient to convey to the grantee, his heirs and assigns, in fee, all tlie title and interest which the grantor then had in the premises. Real estate mortgages ma)' be in tlie following form :

The mortgagor (here insert name), mortgages and warrants to (here insert name of mortgagee), to secure the payment of (here insert tlie amount and nature of indebtedness, showing when due and the rate of interest, and wlietlier secured liy note or otherwise), the following described real estate (here insert description), situated in the county nanted to the same extent as is implied in the above warranty deed. If the words " and warrants " are omitted no covenants will be implied. If it is desired to waive and release the homestead rights of the grantor or mortgagor in the premises there should be inserted in the deed or mortgate, after the words " State of Illinois," the words " hereby releasing and waiving all rights under and by virtue of the homestead laws of this State." The homestead riglits are never considered as waived or released by a deed or mortgage unless the same contains a clause expressly releasing or waiving such right, and unless the certificate of acknowledgment also contains a clause substantially as follows : " Including the release and waiver of the right of homestead," or other words showing clearly that the parties intended to release such right. A release or waiver of the right of homestead by the husband does not bind the wife unless she join him in the release or waiver. A married woman may relinquish her right of dower in her husband's real estate by joining him in the deed, mortgage, or other writing, relating to the disposition of the property. If the husband has already parted with his title to the lands the wife may relinquish her dower by a separate deed of conveyance to the purchasers.

Deeds and other conveyances should be acknowledged before some ofiQcer authorized by law to take acknowledgments. A deed or other conveyance, although not acknowledged, is just as effectual to pass the title to the premises as if acknowledged, except as to the estate of homestead. Deeds and other conveyances, properly acknowledged, may be read in evidence without proof of their execution, but if they are not acknowledged, their execution must be proved. Deeds, mortgages, and other instruments in writing relating to real estate, are from the time of being filed for record notice to subsequent purchasers and creditors whether acknowledged and proven according to law or not. Whatever may be the form of a deed of conveyance, if it was intended merely as security in the nature of a mortgage, it is considered as a mortgage.

Any person after once selling any tract or tracts of laud or executing any bond or agreement for the sale of lands or town lots, who shall again, knowingly and fraudulently, sell or dispose of the same tract or tracts of land, or shall knowingly and fraudulently execute any bond or agreement to sell or dispose of the same piece of land to any other person for a valuable consideration, shall be imprisoned in the penitentiary not less than one nor more than ten years.

A chattel mortgage is not good as to third parties unless possession of the chattels shall be delivered to and'remain with the grantee or mortgagee, or the instrument shall be properly acknowledged and recorded and provide for the possession of the property to remain with the grantor or mortgagor. Any mortgage or conveyance of personal property as security for the pa3'ment of money or other thing may be acknowledged before a justice of the peace of the town where the mortgagor resides. If the mortgagor is not a resident of this State when the acknowledgment is made, then before any officer authorized to take acknowledgments of deeds:

If the mortgagor is a resident the words "and entered by me," should be inserted after the name of the grantor and the justice should make a memorandum on his docket substantially as follows :

If the mortgagor sells the property during the existence of the mortgage v ;" it informing the purchaser of the existence of it he shall forfeit and pay to the . haser twice the value of the property so sold. Or if the mortgagor during the existence of the lien sells, transfers, conceals, takes, drives, or carries away, or in any manner disposes of the property mortgaged without the written consent of the holder of the incumbrance, he may be fined in a sum not exceeding twice the value of the property so sold or disposed of, or confined in the county jail not exceeding one year or both.

Form Of Chattel Mortgage

and to his executors, administrators or assigns the following goods and chattels to wit : (here describe them and state where they are kept).

sole use forever. And the mortgagor herein, for and for executors, administrators do hereby covenant to and with the said mortgagee executors, goods and chattels as of own property, that the same are free from all incumbrances and that will, and executors and administrators shall, warrant and

Provided nevertheless, that, if the said mortgagor executors or administrators shall well and truly pay unto the said mortgagee executors, administrators administrators and assigns, to retain possession of the said goods and chattels, and at own expense to keep and use the same, until or executors, or administrators or assigns shall make default in the payment of the said sum of money above specified, either in principal or interest, at the time or times and in the manner herein before stated. And the said mortgagor, herel)y covenant and agree, that in case default shall be made in the payment of tlie note, aforesaid, or of any part thereof, or the interest thereon, on the day or days respectively on which tlie same shall become due and chattels or any interest therein ; or, if any wiit or any distress warrant shall be levied on said goods and chattels or any part thereof ; then, and in either of said cases, said note, and sum of money botli principal and interest, shall, at the option of said mortgagee executors, administrators or assigns, without notice to any one of said option, become at once due and payable, and the said mortgagee executors, administrators or assigns, or any of them, shall tlierL-upon have the right to take immediate possession of said property wherever it may be found and may enter the jiremises of the mortgagor, and search for and take possession of said goods and cliattels, and remove, sell and dispose of the same or any part thereof, at public auction, to the highest bidder, description of the property to be sold, by notices posted up in three public places in the vicinity cf such sale, ftr at private sale, with or without notice, for casli or on credit aa proceeds of such sale, to retain all costs and charges for recovering, removing, storing, advertih ng and selling such goods and chattels and all i)rior liens thereon, together with

The owner of land is entitled to reasonable rent in the following cases : When rent is due and in arrear on a lease for life or lives ; when lands are held without any agreement for rent ; when the possession is obtained under an agreement to purchase and the buyer refuses to complete the purchase or give up possession after demand in writing ; when a person after demand in writing neglects to give up possession to the purchaser under a judgment or decree of court against him or under a trust deed or mortgage made by him.

The tenant is liable for double rent if he holds over after a proper demand is made on him for the possession, or if he gives notice of his intention to quit and does not quit.

Sixty days' notice to quit is required in tenancies from year to year ; thirty days' notice in tenancies from month to month. If rent is due the lease may be terminated by the landlord giving the tenant notice in writing that unless the rent is paid within five or more days the lease will be terminated. If default is made in any of the terms of the lease, no more than ten days' notice to quit is requii-ed. The notice may be in the following form :

To A. B. : You are hereby notified that in consequence of your default in (here insert character of 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.

The landlord may distrain any of the personal property of the tenant found in the county where the tenant resides, for rent due, at any time within six months after the expiration of the term for which the premises were leased. He also has a lien for his rent on the crops grown or growing on the demised premises. If the tenant abandons or removes from any part of the premises the landlord may seize upon any grain grown or growing upon the premises so abandoned, whether the rent is due or not, and sell the same to pay tlie rent. And if the landlord's lien is endangered by the tenant's removing crops he may distrain at once, whether the rent is due or not.

WITNESSETH, that the party of the first part, in consideration of the covenants of the party of the second part hereinafter set forth do by these Presents lease to the second part, in consideration of the leasing the premises as above set forth, covenants and agrees with the part}- of the first part to pay the party of the first part, as rent for the same, the sum of dollars payable, as follows, to wit. : .

of the first part, without further notice, in as good condition as when the same were entered upon by the party of the second part, loss by fire or inevitable accident and ordinary wear excepted.

It is further agreed by the party of the second part, that he will not underlet said premises, or any part thereof, or a.ssign this lease without the written assent of the party of the first part firet had thereto. And if default be made in any of the covenants or agreements herein contained, to be kept b)' the party of the second part, it shall be lawful for the party of the first part, either with or without process of law to re-enter into and upon said premises, or any part thereof, and repossess the same at the election of the party of the first part, and after any such default shall be made the party of the second part shall be deemed guilty of a forcible detainer of said premises under the statute.

The covenants and agreements herein contained shall extend to and be binding upon the heirs, assigns, executors and administrators of the parties to this lease.

The statute creates a lien for services rendered or material furnished in building, altering or repairing any building or appurtenances tht-reto, or upon any street or alley connected willi such building or appurtenance, upon the interest of tlie person for whom the labor or services were performed or materials furnished, in the whole tract or lot of land and in the house or l)uilding and appurtenance, for the amount due, provided, the time stipulated for the completion of the work or furnishing materials is not more than three years from tiie commencement thereof and tlie tinu' of paynient more than one j'ear from tlie time stipulated for the completion thereof, where the contract is expressed, and provided the work is done or material furnislied within one year from the commencement of tlie work or delivery of material, where the contract is implied. Tiiis lien takes precedence on the building erected and materials furnislied over all incumlirances.

To make his lien good, the person furnishing labor or materials to the original contractor should cause a notice in writing to be served on the nwiier or his agent suijstantially as follows: insert whether to labor or furnish mati'rials and substantially liie nature of the undertaking or demand) upon your (here state the l)uilding and where situated in general terms) ; and that I sliall liold the (building or as the case may be) and your interest in the ground liable for the amount that (is or may become) due me on account thereof. (Date) . (Signature) .

If there is a written contract, a copy should lie attached if it can lie tihtained. The notice should lie served forty days before completion of sub-contract, or within forty days after payment should have been made for labor or materials. Persons keeping, pasturing, feeding or yarding domestic animals have a lien on them for their proper charges. There is also a lien upon horses, carriages and harnesses for proper charges for keeping thereof or expenses bestowed thereon at the request of the owner.

Jtjkisdiction Of Couets

Justices of the Peace have jurisdiction in their respective counties, when the amount claimed does not exceed 1200, in the following cases':

In all actions for the recovery of money only, and in all cases where the action of debt or assumpsit lies. In proceeding by attacliment and garnishment. In actions to recover damages for providing for any intoxicated person, and for damages resulting from the intoxication of such person ; and for damages to real property, and for taking, detaining, or injuring personal j^roperty, or for fraud in the purchase, exchange, or sale of personal pi'operty. In actions for rent and distress for rent. In actions against railroad companies for killing or injuring stock, and for loss or injury to baggage or freight, and for damage to property by setting fire to the same by their engines or otherwise.

They have juiisdiction in actions of forcible entry and detainer without regard to the value of the property, and of replevin when the value of the property claimed does not exceed $200, and in proceedings under the drainage act, when the cost of the proposed drain, ditch, levee, or other work will not exceed $5,000, and will not extend through or into more than three congressional townships, and in cases for the violation of ordinances of cities, towns, and villages, and to cause Texas or Cherokee cattle to be impounded and prevent their spreading disease among native cattle, and in actions for damages for injury caused to domestic animals by dogs when the damages do not exceed $100, and of actions for failure to pay dog tax, and in all cases of misdemeanors, or when the punishment is bj' fine onlj' and does not exceed a fine of $200, and in all cases of assault and battery, and affrays, and of proceedings to punish vagabonds.

County Courts have original jurisdiction in all matters of probate ; settlement of estates of deceased persons ; appointment of guardians and conservators, and settlement of their accounts ; in all matters relating to apprentices ; in proceedings by executors, administrators, guardians, and conservators for the sale of real estate ; in proceedings for the collection of taxes and assessments ; in all applications for discharge from imprisonment ; under the provisions of the act concerning insolvent debtors ; in proceedings had under the act relating to voluntary assignments ; in proceedings relating to idiots, lunatics and drunkards ; in trials of right of projDerty when personal property is seized under an execution or a writ of attachment by any sheriff or coroner ; and in proceedings under the drainage act.

They also have concurrent jurisdiction with Circuit Courts in all that class of cases where justices of the peace now have or may hereafter have jurisdiction, where the amount claimed or the value of the property in controversy shall not exceed $1,000 ; and in all cases of appeals from justices of the peace and police magistrates ; and in all criminal offences and misdemeanors, where the punishment is not imprisonment in the penitentiary or death.

Circuit Courts have jurisdiction of all causes in law and equity, and appellate jurisdiction of cases appealed from justices of tlie peace, police magistrates and county judge, when sitting as a justice of the peace ; and from judgments, orders and decrees of county courts in all matters, except in proceedings for the sale of lands for taxes and special assessments ; and in all common law and attachment cases ; and in cases of forcible detainer, and forcible entry and detainer.

If any person is possessed of the hinds by actual residence for seven successive years, having a connected title deducible of record from this State or tlie United States, or from any officer authorized l)y the laws of this State to sell the land for taxes, or on execution or under any order, judgment or decree of any court of record, the action must be brought against him within seven years from the time he took possession, or from tlie time of acquiring such title, if it was acquired after lie obtained possession.

Possession under color of title, accompanied with payment of taxes, will contitutes a good title to land, but if the land is unoccupied and vacant, color of titlj and payment of taxes alone will constitute a good title.

There are some exceptions to these rules in favor of the United States, this State, schools, seminaries, religious societies and lands held for any public purpose and in favor of persons under twenty-one years of age, insane, imprisoned, femme covert, out of the United States and in employment of United States where such person holds an adverse title.

Actions for libel and slander should be commenced within one year after the cause of action accrued, for damages for injury to the person, for false imprisonment, for malicious prosecution, for a statutory penalty, for abduction, for seduction, for criminal conversation within two years; on unwritten contracts, on awards of arliitration, to recover damages for injury done to property, to recover possession of personal property or damages for the detention or conversion thereof, and all civil actions not otherwise provided for, five years ; on bonds, promissory notes, bills of exchange, written leases, written contracts, or other evidences of indebtedness in writing, ten years, or ten years from the time of the last payment thereon or new promise to pay. The time the defendant is out of the State is deducted. Persons under disability may bring the action within two years after the disability is removed. If the cause of action arose in another State an action can not be maintained on it, here, after it is barred by the laws of such other State. Actions on judgments are barred after twenty years. Indictments for murder or manslaughter, arson or forgery, may be found at any time after tiie commission of the crime, for otiier felonies generally within tliree years after the commission of the crime. Prosecutions for misdemeanors, and for fines and forfeitures under the penal statute must, generally, be commenced within eighteen montlis from the time of committing tiie offense or incurring the fine or forfeiture. The time when the party was not usually and publicly a resident of this State is not included.

Subscriptions to charitable or other enterprises are governed very much by the laws relating to written contracts. It is sometimes lield that where several voluntary subscriptions are made for any cliaritable purpose, that one subscription is the consideration for anotlier, and tiiat ail are binding. However tliis may be, if a voluntary subscription is made to the erection of a church or other charitable object, and before the subscription is withdrawn, advances are made or expenses or liabilities are incurred on tlie atrengtii of llic subscription, it will be held oljligatory. A subscription to the capital stock of a chartered company or corporation, made in accordance with its by-laws and the statute, is binding. A subsciiption to a book, map, etc., is governed by the terms of the subscription itself ; and the subscriber should carefully observe whetlier all the conditions on which he subscribes are inserted in the document he signs.

Renebal History Of Illinois Maeried Women

A married woman may own real and personal property and sell and convey the same to the same extent and in the same manner that her husband can property belonging to him. She may receive, use and possess her own earnings, and sue for them in her own name free from his, or his creditor's interference. Neither she nor her earnings or property is liable for his separate debts, contracted either before or after marriage. If one of them transfers goods or chattels to the other, the conveyance should be in writing, and acknowledged and recorded in the same manner as chattel mortgages are required to be acknowledged and recorded when the possession of the property remains with the mortgagor. She may sue and be sued without joining Jier husband with her in all cases. If they are sued jointly, they may defend jointly or separately, and if one neglects to defend, the other may defend for such one also. Neither is responsible for the civil injuries committed by the other. Both are liable for the expenses of the family and education of the children. She may constitute him her agent to transact her business, but neither is entitled to any compensation for services rendered the other. She has a dower interest in his real estate. If either husband or wife abandons the other, and is absent from the State for one year, without providing for the support of the family, or is imprisoned in the penitentiary, a court of record may, upon application, authorize the one so abandoned to manage, control, sell and incumber the property of the other as may be necessary for the support of the family, or payment of debts contracted for the support of the family or the debts of the other.

Adoption Of Children

Children may be adopted with the consent of their parents or in cases where their parents have deserted them for one year, by a resident of this State, by petitioning to the County or Circuit Court for that purpose. If the child is 14 years of age or more, its consent must be had. Its name may be changed if desired, in the proceedings for adoption. The parents of an adopted child have no legal rights as respects it, and it is freed from all obligations of maintainance of or obedience to such parents.

Adopted children inherit from their adopted parents, but they can not take property limited do the heirs of the bodies of such parents, or property from the lineal or collateral kindred of such parents by right of representation. The parents b}* adoption and their heirs, inherit from their adopted children, but they do not inherit any property which such child may take by gift, devise, bequest or descent from its kindred by blood.

Horses, mules, asses, neat cattle, swine, sheep or goats straying, at any time, in counties where such animals are not allowed to run at large, and between the last day of October and the loth of April, in other counties are estrays. A householder may take up an estraj' found upon or about his farm, or place of residence. Whoever takes one up or has one upon his enclosed premises, should within five days, thereafter, post notices in three of the most public places of the town or precinct, where the estray was found, giving the residence of the taker up and a particular description of the estray, and stating before what Justice of the Peace in that town, and at what time, not less than ten nor more than fifteen days from the time of posting the notices, he will have the estray appraised ; and he should within the same time deliver a copy of the notice to the Town Cler.k to be entered on the Town Estray Book. If the owner does not appear, prove property and pay expenses on the day named in the notice, the Justice must appoint three houseliolders to appraise the estray under oath. The appraisers, must, in their return, certify the age, color and marks, natural and artificial of the estray. If the value of the estrays exceeds $20, the Justice should within ten days after the return of

The County Cl»rk will liave a copy of the certificate pul)lished in a newspaper of the county for three weeks, and copies posted up in three public places in the county, and if the estra_v is a horse, mule or ass, he will send a copy to be published in a newspaper in Springfield, designated by the Governor, and the editor of the paper will transmit a copy of the paper containing the notice to every County Clerk in the State to be preserved for the examination of all concerned.

If the estray is a horse, mule, ass or head of neat cattle, and is not claimed within a year, or if it is a swine, sheep, goat, and is not claimed b\- the owner within three months and charges and expenses paid, upon that fact being made known to the Justice, he will sell the same at public vendue, after having given twenty days public notice. Whatever proceeds of the sale remain after paying all expenses, the owner may have within three years ; after the expiration of that time the surplus goes to the County Treasurer. Whoever takes up an estray, except in accordance with the statute, must pay ten dollars and costs for the use of the county.

Marks And Brands

Every person in this State having stock may have an ear mark and brand different from those of his neighbors ; and have the same recorded by the County Clerk of the county where the stock is kept. When any dispute arises in regard to the mark or brand, the County Clerk's record will he prima facie proof.

Any person purchasing stock may mark the same with his brand or mark in the presence of one or more of his neighbors, who may certify to the marking or branding being done, when done and liow done and what tiie previous marks were. Such certificate will he prima facie proof of the facts therein stated.

Private property may be condemned for tlie purpose of building or repairing any grist mill, saw mill or other public mill and machinery, or to erect, repair or increase the height of any dam to supply water f(ir any such mill or machii'ery.

The grain brought to a public mill must l)e ground as well as the mature and condition of the mill will permit, and in due turn as the same sliall l)e brought ; and if there is any neglect in these respects, or if the miller takes too inueii toll, he shall pay the sum of $r> to the party injured.

The toll for grinding aiul bolting wheat, rye or other grains is one-eighth part; for grinding Indian corn, oats, barle}', l)uckwheat or other grains not reipiired to be bolted, one-seventh jiart; for grinding malt and chopping all kinds of grain, one-eighth part.

Millei-s must give punctual attendance, keep accurate measures anil assist in loading and unloading the grain l)rought to be ground. They are responsible for the grain brought to tluMii to grind and for the bags, etc., containing the same; but the bags should be distinctly marked with the initials of tlie owner's name.

It is the duty of the commissioners of liighways to cause roads and bridges to be built, repaired, established, altered or vacated ; to have all roads not sufliciently described, or wliirh have been used for twenty jH-ars, ascertained, describt'd. and recorded in the town clerk's office ; to divide the towns into road districts, aiul assign to them such inhabitants as are liable to work on the roads, and rec^uire the overseers of liigiiways to warn such inhabitants to come and work on the roads ; to purchase for the use of highways and take proper care of, tools, implements and machinery ; to cause guide boards to be erected at suitable places ; to prevent noxious weeds from seeding, and the growth of vegetation from becoming rank in the highways ; and in their discretion, to construct wells and other conveniences for public use and for watering teams ; to choose one of their number treasurer, at their first meeting after the annual town meeting; to render to the board of town auditors, at their annual meeting, an account of the labor assessed and performed, of all moneys received, of improvements necessary to be made on roads and bridges, and an estimate of the probable expense of making the improvements, beyond what the labor to be assessed in that year and road tax will accomplish ; of all expenses and damages in consequence of laying out, altering and discontinuing roads ; of the manner in which all sums have been paid out and expended, to whom paid and on what account. If any tool or implement proposed to be purchased will cost more than $200, the propriety of purchasing it should be submitted to the voters of the town at the annual town meeting. The commissioners meet on the second Tuesday after the annual town meeting, at the town clerk's office, and afterwards at such times and places as thej' think proper. They should keep a record of their proceedings at all meetings. They ascertain, estimate, and assess the road labor and road tax to be performed and paid in their town in the next ensuing year. All able-bodied men, between the ages of twenty-one and fifty, except such as are exempt by law, are required to work on the roads not less than one nor more than three days in every year. Road taxes may be paid in labor on the highways.

At the annual town meeting an overseer of highways should be chosen for every road district in the town. It is their duty to repair and keep the highways in order ; to warn persons from whom road labor is due to work on the highways, at such time and places in the district as they may think proper ; to collect fines and commutation money and execute all lawful orders of the commissioners, and to deliver to the town clerk within ten days after their election or appointment, a list of all the men in the district liable to work on highways. Any one can commute for his road labor at one dollar per day, to be paid within three days after he is notified to work on the highways. The overseers should give three days' notice to persons assessed to work on highways of the time and place they are to appear for that purpose, and with what implements. A day's work consists of eight hours. Every one appearing who does not work faithfully, forfeits to the town $2 for every offense. The forfeiture for neither commuting or working is $2 for each day's neglect ; for omitting to furnish a pair of horses or oxen, $1.50 for each day ; for omitting to furnish a man to manage the team, $2 per day, or a cart, plow or wagon, 75 cents for each day. The overseer should make complaint to some justice of the peace within six days after any person is guilty of any such refusal or neglect. The overseer should also give three days' notice to persons against whom a land or personal tax is assessed of the time and place to pay the road taxes in labor, and what implements they are required to furnish. Any person appearing should be credited on his road tax fl.25 for every day of eight hours he actually works, 25 cents per da}' for every wagon or plow, $1 a day for each yoke of oxen, $1.25 a day for each span of horses or mules, which he furnishes, agreeably to the requirements of the overseer. The arrearages of road taxes are collected in the same manner that other taxes of the county are levied and collected. The legal voters of any township in counties under township organization, may, by a majoritj' vote, at their annual town meeting, provide that thereafter the road tax assessed by the commissioners of highways shall be collected in money alone. Persons occupying land on both sides of the highway are entitled to make a crossing under the highway, by keeping up the crossing and the bridge over it at his own expense, the construction being subject to the consent and approval of the commissioners of highways of the towns.

The commissioners of highways may alter, widen or vacate any road, or lay out any new road in their towns when petitioned by not less than twelve free-holders residing in the town and within three miles of the road to be altered, widened, vacated or laid out. For tlie manner of proceeding in such cases reference should be had to the statute, and also for the manner of dividing, allotting and keeping in repair town lines, and of constructing and repairing bridges.

The town assessor and commissioners of highways are ex o^eio fence viewers in their respective towns, in counties under township organization. Lawful fences are four and one-half feet high, in good rejiair and consist of rails, timber, boards, stone, hedges or whatever the fence viewers of the town shall consider equivalent tliereto : or the electors may determine, at the annual town meeting, what shall constitute a legal fence in the town. Adjoining ownei-s must maintain a fair proportion of the di\nsion fence, unless one of them chooses to let his lands lie open : and if they built the fence by mutual agreement, neither may remove his part of the fence while he uses his land for farm purposes or until he has given the other party one year's notice in writing of his intention to move the fence. When an adjoining owner encloses. his land upon the enclosure of another, he must immediately build his proportion of the division fence or refund to the other a just proportion of the value of the fence, to be determined by the fence viewers of the town. If any one neglects to repair or build the part of the fence he ought to maintain, the fence viewers, on complaint to them, and after examining the fence, will notify him to build or repair the same in a reasonable time. If adjoining owners can not agree on the portion of the division fence to be made or maintained by either, each may choose a fence viewer of the town or precinct, and if one neglects, after eight days' notice in writing, to make such choice, tlie other may select both fence viewers ; and the fence viewers, so chosen, should settle the dispute and distinctly mark and define the proportion of the fence to be made or maintained by each. And if one neglects to repair or build the portion of the fence which it is his duty to maintain it may be built or repaired at his expense by the party injured, after giving sixty days' notice in writing that a new fence should be erected or ten days' notice tiiat the fence should be repaired. And the party neglecting will be liable for all damages that accrue through his neglect, the amount to be determined l>y two fence viewers, selected in the manner aforesaid. Wljen the fence is destroyed by fire, floods or other casualty, the party bound to repair the fence must rebuild it within ten days after notified to do so by any person interested, and if he neglects to do so it may be repaired at his expense by the other party. Any one wishing to have his lands lie open may remove his portion of tlie fence after giving the other i)arty one year's notice, in writing, of his intention to do so, unless the adjoining owner causes the value of the fence to be ascertained by the fence viewers and pay or tender the same to such owner. Whoever removes such a fence without notice must make good all the damages sustained thereby.

If a person finds on running a division line that he built his fence on another's land by mistake, he may remove the fence within six montlis after the line was run ; but it can not be removed at a time that woulcl expose the crops of another. In such a case it may be removed after they are secured, and witliin a rea.sonable time, although the six months have passed. If any domestic animal breaks into an inclosure through a good and sufficient fence, the owner of the animal is liable in an action of trespass for all damage done. This does not re(juire such a fence in order to recover for injuries done by animals running at large contrary to law. The owner of lamls may take into possession any domestic animals trespassing upon his premises, and keep tliem until his damages and reasonable charges for keeping and feeding and costs of suit are paid ; provided he gives notice to the owner tiiereof within twenty-four hours after taking the animals into ids pos.session ; if the owner is unknown, he sliould nosl notices in some pulilic place near the premises.

Pat7Pebs

Poor people, unable to earn a living in consequence of any bodily infirmity, idiocy, lunacy or other unavoidable cause, must be supported by their relatives, if of sufiScient ability, and the obligation rests first, upon the children ; next, upon the parents ; next, upon the brothers and sisters; next, upon the grandchildren ; and lastly, upon the grandpai'ents. But, if any one becomes a pauper from intemperance or other bad conduct, he is not entitled to support from any relation, except parent or child. If relatives liable to support a pauper fail to do so, it is the duty of the State's attorney or of the overseer of the poor to complain of them to the County Court and have them prosecuted. If relatives of one degree can not support such poor person, the court may direct relatives of different degrees to maintain him. Every county must support its own poor. Every town, in counties where the poor are supported by towns, must support its own poor. Whoever brings a pauper into a county where he is not lawfully settled, knowing him to be a pauper, forfeits $100 for every offense. The overseers of the poor have the care of paupers not supported by their relatives or at the county poor house, and should see that they are suitably relieved, supported and employed, and they may render poor people, who do not require to be wholl}^ supported by the county, temporary relief. When the county has provided a suitable poor house, paupers requiring the care of the county must be supported there. Paupers can only vote in the precinct where they resided next prior to becoming an inmate of the poor house, insane asylum or hospital.

Drainage

There are two drainage acts in force in this State, the first approved and in force May 29, 1879, and the second approved May 29, 1879, and in force July 1, 1879. They are not intended to conflict with each other ; either may be followed.

The first provides that drainage districts may be organized and established on petition of a majority of the owners of the land in the proposed district and who own onethird of it, for the purpose of constructing drains, ditches, levees or other works for agricultural, sanitary or mining purposes, or to maintain and keep in repair any such works already constructed. If the court is satisfied of the necessity of the work, it appoints three disinterested persons as commissioners to lay out and construct such proposed work. If the lands are situated in different counties, not more than two commissioners shall be chosen from one county. A majority of the commissioners may act. They should examine land proposed to be drained or protected, and the lands on which the work is to be constructed, and determine the best location for the work, its probable cost, the annual cost of keeping it in repair, what lands will be injured thereby and what damage they will sustain, what lands will benefited and how much, and whether the benefits will equal or exceed the cost of the work, including incidental expenses. If the petition is for the maintenance of a work already constructed, the commissioners should determine whether the work, with proper repairs, can be made suflScient to permanently protect the lands from water, the annual expense of keeping up repairs, what lands will be benefited, whether the annual amount of benefits will equal or exceed the annual cost of repairs, including incidental expenses, and what lands, if any, outside of the proposed district, will be affected by the work. If the outlay for the proposed work, or so much of it as will be satisfactory to the petitioners, does not exceed the benefits, the work will be carried out. In that case, the commissioners will make proper surveys, profiles, plans and specifications, and report the same to the court. Any one interested may object to the report. Upon the confirmation of the report by the court, the district is organized as a drainage district by the name mentioned in the petition, and it becomes a body politic and corporate, with the right to sue and be sued, and to have a corporate seal and perpetual succession. And the said commissioners and their successors shall constitute the corporate authorities of such drainage district. A jury is then empannelled to assess damapjes and benefits. The jury, after viewing the land and making assessments, appoints a time to hear objections to their assessment. The asses.sment, when found correct, or after being coiTected on the hearing, is confirmed by the jury and handed to the commissioners, who return it within ten days to the court where the petition was filed. The assessment is set down for a hearing at a regular term of the court, objections heard, and the iussessment confirmed. If the court finds the assessments erroneous, it will correct it before confirming it. After the organization of tlie drainage district, the commissioners have power to contract and i)e contracted witli. sue and be sued, plead and be impleaded, and to do all other things in the corporate name necessary to accomplish the purposes of the drainage act. They collect the assessments and return a list of delinquents to the County Collector to be collected as other taxes. They must report to the court which appointed them once a year. After their appointment, tliey may go upon the lands in the district for the purpose of examining them and making phms, plates and surveys. And after tiie organization of the district and payment or tender of compensation allowed, they may go upon the land with their workmen and construct the work ; and may forever after enter upon the land for the purpose of maintaining or repairing the work.

Tiie commissioners of higliwajs also have power to locate and establish drains to be built and kept up at the cost of tlie parties petitioning therefor, and for tliis purpose highway commissioners are drainage commissioners within their respective districts. When any owner or owners of lands desii'e to construct a drain, or permanently establish a drain already constructed, leading over or upon the land of another jierson who will not consent to the establishing of the proposed drain, they should petition the commissioner of highways for that purpose. Upon receiving tiie petition tiie commissioner will appoint a time to examine the location of the drain and hear reasons for or against the proposed improvement. They may decide to approve the drain as prayed for in the petition, or to approve it with some changes, and then return to the town clerk their decision and their order locating or establishing the drain. If the petitioners then desire to construct the drain as established, they should within a year file with any justice of the peace of the town a copy of the record from the town clerk's office, and also an affidavit setting forth the names of the owners of the land and the lands over which the proposed drain is to run, and tiie justice will empannel a jury to ivssess the damages to such lands, and upon payment of tlie damages assessed the petitioners liave the rigiii to enter upon the lands for llie purpose of constructing the work, and forever after, at all times and seasons, for tlie purpose of repairing, cleansing, opening, or deepening tiie said drain.

The drainage act approved May 29, 1879, and in force July 1, 1879, jirovides that the commissioners of highways in counties under township organization sliall be drainage commissioners in and for their respective townsiiips, and as sueli siiall be a body politic and corporate, and be the corporate autiiorities of all drainage districts within their townships. Tlie town clerk is their clerk. Their duties are very similar to the duties of drainage commissioners as provided for in the previous act, and the inoile provitled for organizing drainage districts and estaiiiishing, constructing, maintaining, and repairing drains, ditches and levees, is very similar to that prescribed in tiie preceding act.

If the proposed drainage district lies in two counties the petition should be filed in the office of the clerk of that lioard of commissioners in whose juri.sdiction the greater part of the lands lie. If a district is organized liotii boards of commissioners will constitute the drainage commissioners. Proceedings for condemnation of right of way and assessment oT damages must be had in tiie county where tlie lands affected are situated.

Special drainage districts may be formed on jietition of a majority of tlic owners of the land and owners of more than one-third in area of territory lying in more than two townships in tiie same or different counties under township organization, or lying partial- ly in more than two townships in a county under township organization and partly in a county not under township organization, said petition to be filed in the office of the clerk of the county where tlie greater part of tlie land is situated. The further proceedings for the organization of special drainage districts conforms to the requirements of the act in relation to regular drainage districts. After the organization of the special drainage district the drainage commissioners are elected b}^ the inhabitants of the district. The commissioners should then proceed to locate the drains, procure the I'ight of way, institute proceedings therefor, and for assessment of damages and benefits, etc., and in all their proceedings they are governed by the provisions of the act relating to the powers and duties of drainage commissioners of townships.