Pike County, Illinois - Chapter 19: The Press, 1880 (part 2 of 2)

Second.- AVliere there is no child, no descendant of such child, and no widow or surviving husband, then to the parents, brothers and sisters of the deceased, and their descendants, in equal parts, the surviving ])arent, 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, j>arcnt, brother or sister, or descendants of either of them, and ntt widow or surviving husband, then in equal parts to the next of kin to the intestate in e<|ual degree. Collaterals shall not be rej)reseuted except with the descendants of brotlier and sister of the intestate, and there shall be no distinction between kindred of the wh;)le and tlie half-blood.

Sixth. If any^intestate leaves a widow (»r surviving husband and no kindred, then to such widow or surviving husband; and if there is no such widow or surviving husband, it shall esclieat 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 appurtiMiances thereon from one person to another, and sj)ecial care should be taken to have them signed, sealed, delivered and properly acknowledged, with tlie proper seal attached. Witnesses an* not necessary. Tlie law in this State provides that an acknowledgment must be nuide Injfore certain |>erson8 authorized to take the samo. These officers arc; Master in Chancery, Notary Public, Circuit or County Clerk, Justice of the Peace. United States Commissioner, or any Court of Ilecord having a seal, or any Judge, Justice or Clerk of any such ojurt. The instrument shall be attested by the official seal of the officer hiking 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 lie added a certiticiite of the County Clerk under his Fcal of office, that ho was a Justice of the Peace in the county at the time <»f taking the same. A deed is good without such certilicate attached, but cannot be used in evidence unless such a certilicate 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 l>e 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 ])roved by any other legal way. Acknowledgments where the ITomestead rights arc to be waived must state as follows: " Includinjr the release and waiver of the right of homestead."

To render a deed v;ilitl, there luurit 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 <»f age; 2d, must be of sane mind; and, 3d, he or she must be the rightful owner of the property

Any alterations or interlineations in the deed should be noted at the bottom of the instrument, and properly witnessed. After the acknowledgment of a deed, the parties have no right to make the sliirhtest 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 ackowledire 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. AVe do not give form for a deed, as printed forms are used bv 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 arc capable of an absolute sale, may be the subject of a mortgage.

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

A morto^afjc must be in writing wlien it is intended to convey the legal title. It iriist be in one single deed which contains the whole contract.

Redeinptioji ninst be made within one year from the sale. Where, however, the mortgagee takes the property for an absolute discharge of the debt, then the etjuity or right of redemption is barred. S'ltiftfartiony or release of a mf>rtgage, may bo made on the margin ot the record, or bv^an instrument duly acknowledged. The wife need not join in this release.

Trust deeds arc taken generally in jjrcference to mortgages, especially by non-residents, for in cjuse of foreclosure under the power of sale there can be no redemption. Advertisement, sale, an<i deed is made by the trustee.

Mortgjiges of personal j)roj>ertv, or chattel mortgages, can be given tor a period of only two years, and cannot be renewed or extended. Acknowled<rment mav be had l>e(ore a Justice of the Peace of the town or district in which the mortgagor resides. If the mortgagor is a nonresident, then before any ollicer authorized by law to take acknowledgments. Foreclosures may be eflected upon default, atid )M)Ssession, and sale of the proi)erty taken and made; any delay will invalidate tlie mortgagee's lien.

Any person who shall by contract, expressed or implied, or j»artly both, with the owner of any lot or tract of land, furnish labor or material, or services as an architect or suj»erintendent, in building, altering, rej)airing, or ornamenting any Imuso, or other building or appurtenance thereto on such lot, or upon any street or alley, and cotmecteU with such im])rovements, shall have a lien upon the whole of such lot or tract of land, and ujkjii such house or buililing 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 wurk or deliverv of the material. As between difterent creditors havin«^ liens, no preference is given to tlie one wliose contract was nuulo first; l)ut each shares ])ro 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 ])reterred 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] uj)on your [here state m general terms description and situation of ijuildiugj, and that I shall hold the [building, or as the case may be], and your interest in the ground liable for the amount that may [is or may become] due me on account thereof. [Signature] .

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

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

The owner has a riifht to demand in writino: 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 6ul»-contractors, suit must be coninieiiced within three months from the time of the performance of the subcontract, or during the work or lurnishing materials.

Hotels inn and hMyrdhuj-house kttj)ers have a lien ujmn the baj,'^age and other valual)les of their guests or buarders brought into such hotel, inn, or boarding-house, by their guests or boarders for the proper charges due fruni such guests or boarders for their accommodation, board and lodging, and such extras && are furnished at their request.

Stahle-keeptrs and other persons have a lien npon the horses, carriages and harness kept by them for the projjer charges due for the kee]>ii!g thereof, and expenses bestowed thereon at the request of the owner, or the person having the j>osses6i(»n of the same.

Afjistii's (j)ersons who take cure of cattle belonging toothers) and persons keeping, yarding, feeiling, or jiasturing domestic animals shall have a lien upon the animals agistered, kejjt, yarded or fed for the pn>per charges due for such service.

All persons who may furnish any railroad corporation in this Stite with fuel, ties, nniterial, supplies, or any other article or thing necessary for the construction, maintenance, operation or rej)air of its road by contnict, or may perform work or labor for the same, are entitled to l>c paid as ]mrt 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 pjirty for a consideration to convey his right and interest in the jjer.-onal proj>erty. The purchaser must take actual j)OS6ession of the j)roperty. Juries have power to determine upon the fairness or unfairness of a bill of sale. -

Know All Mln by this instrument, that 1, 1]. V. Lewis, of Chicago, Illinois, of the first part, for and in consideration of six hundred and tifty dollars, to me paid by Columbus C. Chapman, Astoria, Illinois, of the second ]»art, the receipt whereof is herebv acknowledged, have aoid, and by this instrument do convey unto the said Chapman, party of the second part, his executors, adminietrators, and a-si<^ns, my undivided half of ten acres of corn on my farm in the town of Deer Creek, Illinois; one ]»air of horses, twenty sheej), and Hve cows, beloni^in^ to me, and in my possession at the fiirin aloiLsaid; to liave and to hold the same unto the ]>arty of the second part, liis executors and assigris, forever. And 1 do, for myself and legal representatives, agree with tlie said party of the second part, and his legal rcj>resontativc>, to warrant and d<!fend the sale of the aforementioiu'd 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 cheek, 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 tho "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 lirst of said days.

Limitation Of Action

The limit of time in which action may be brought on certain things is as tollows: 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 eflect here; assault, slander, libel, replevin, one year; personal injuries, two years; to recover land or make entry thereon, twenty years; and sealed and witnessed instruments, as action to foreclose mortgage or trust deed, within ten years. All persons in possession of land, and paying taxes for seven consecutive years, with color of title, and all persons paying taxes for seven consecutive years, with color of title, on vacant land, shall be held to l)e the legal owners to the extent of their paper title.

The foil oxc 11 1 (J ptraonal propertij and home worth $1,000, - Lot of f^round and biiildin;.^8 thereon, occupied as a residence by the debtor, bein^ a householder and having a family, to the value ol $1,000. Ivxeniption C(^ntinues after the death t»f the householder fur the benetit of tiie widow and family, some of them occupying the homestead until the youngest shall become twenty-one years of age, and unti"! the death of the widow. There is no exemj)tion Trom sale for ta.xes, 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 h:i3 one), and acknowledged as conveyances of real estate are re<juired to l)0 acknowledged.

Tlie following articles of j>ersonaI property owned by the debtor are exemj)t from execution, writ oi attachment, and distress for rent: The necessary wearing apparel. I5il)lcs, school-bcjoks and family pictures of every j)erson; and one hundred doUars'worth of other property, to l)c eelectcd by the debtor, and in addition, when the debtor is the head of a family and resides with the same, three hundred dollars' worth of other property to Ije selected by the debtor, - provided that such selection and cxemj)tion shall not be made by the debtor or allowed to him or her from any njoney, salary or wages due him or her from any person or persons or corporations whatever. When the head of the family dies, deserts, or does not re&ide jvith 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 exemjjt from exe- cation when judgment is obtained for tlie wages of lahorera or servants. AVages of a laborer who is the hoad of a family cannot be garnisheed except for the siun due him in excess of $25.

The j)rincii):il obligation on the part of a landlord, which is in fact always to be implied as a necessary condition to his receiving any rent, is, that Llie tenant shall enjoy the quiet jiossession 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 uucomfurtable by the erection of a nuisance on or near the premises, or otherwise oblige him to quit possession. But if he l)e ousted by a stranger, - that is, by one having no title, - or after the rent has fallen due, or if the molestation proceeils from acts of a third person, the landload is in neither ease responsible for it. Another obligation which the law imposes on the landlord, in the absence of any express stipulation in the lease, is the payment of all taxes chargeable upon the property, or any ground rents or interest upon mortgages to which it may be subject. Every landlord is bound to protect his tenant against all paramount claims. And if a tenant is comj)elIed, in order to protect himself in the enjoyment of the land in respect of which his rent is payable, to make payment which ought, as between himself and his landlord, to have been made by the latter, he may call upon the landlord to reimburse him, or he may deduct such payment from the rent due or to become due. But the landlord is under no obligation to make repairs, or to rebuild in case the premises should be burned; nor does he guaranty that they are reasonably fit for the purpose for which they are taken. And it is not in the power of a tenant to make repairs at the exj)ense 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 ' tire, and the landlord, having insured them, has recovered the insurance money, the tenant cannot com])el him to expend the money so recovered in reiniilding, unless he has expressly engaged to do so; nor can he in such an event protectliimself from the payment of rent during the unexpired balance of the tern), unless exempted therefrom bv statute or the terms of the lease. The iininhabitableuess of a house is not a croud defense to an action for rent. If tlie hind lord -ti^tpressly covenanted to repair, the tenant cannot quit and discharge himself of rent because the rej)air8 me nut made, unless tliere is a j)ruvision to thatelfect; and if a landlurd 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 ])rodufed by the mismanagement of his servants, or by a nuisance kej)t ujum the premises, or by an obstruction of the highways adjacent to them, or the like. One of the principal obligations which the law imposes upon every tenant, inde|»endent of any agreement, is to treat the pninises in such a manner that no substantial injury shall be done to them, and so that they may revert to the landlurtl at the end of the term unimpaired by any willful or negligent conduct on his part.

A tenancy from year to year re<|uires 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 agreenjent, the landlord may terminate the tenancy by tliirty days' notice in writing.

When rent is due, the landlord may serve a notice upon the tenant, stating that uidess the rent is paid within not less than Hve 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 terujination of such tenancy; and the same may l>e terminated on giving such notice to qiiit, at any time after such default in any of the terms of such lease; which notice may be substantially in the following form: default [IiL-re insert the character of the default], of the premises now occupied by you, l)eing. etc., [here describe the premises], I have elected to determine your lease, and 3'ou are hereby notified to quit and deliver up possession of the same to rae within ten days of this date [dated, etc].

The above to be signed by the lessor or liis agent, and no other notice or demand of possession or termination of such tenancy is necessary.

Demand may be made or notice served by delivering a written or printed, or partly either, copy thereof to the tenant, or leaving the same with some person above the age of twelve years, residing on or in possession of t!ie premises; and in cjise no one is in actual possession of said premises, then by posting the same on the premises. When the tenancy is for a certain time, and the term expires by the terms of the lease, the tenant is then bound to surrender possession, and no notice to quit or demand possession is necessary.

Distress For Rent

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

An inventory of the property levied upon, with a statement of the amount of rent claimed, should be at once filed with some Justice of the Peace, if not over $200; and if above that sum, with the Clerk of a Court of Record of competent jurisdiction. Property may be released by a party executing a satisfactory bond for double the amouut.

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

When a tenant abandons or removes from the premises, or any part thereof, the landlord, or his agent or his attorney may seize upon any grain or crops grown or growing upon the j)remises, 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 t»r gathered, and may sell the same, and from the proceeds pay all his labor, expenses and rent. The tenant may, before the sale of such property, redeem the same

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, of attempt to sell or remove from the premises, without the consent of his landlord, such })ortion of the crops raised tliereon as will endaiiijer the lien of the landlord upon such crops, for the rent, it shall be lawful for the landlord to distress before rent is due.

Is that branch of jurisprudence wliifh treats of criminal offenses. The t'Xtrenie injportance of a knowled«^' of criminal law is selfevident; for a mistake in j>oint of law, which every person of discretion not only may know, but is bound and j)resumed 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 60 far as to include the case of a foreigner charged with a crime which was no offense in his own country. And further, the crimiiuil 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 «»f the statute are offenses at common law, and ordinarily indictablw as euch. When a sti^tute punishes a crime by its legid designation without enumerating the acts which constitute it, then it is necessary to resort to the common law for a detinition of the crime with its distinctions and (jualifications. So» if an act is made criminal, but no mode of prosecution is directed <»r 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 pnnishment by fine and in]>ris(nnnent. So far. therefore, as the rules and ])rinciples of common law are applicable to the administration of the criminal law, and have not been altered or modified by legislation or judicial decisions, they have the same force and effect as laws finally enacted.

1. Every man is pre.^umed to l»e innocent till the contrary is shown; and if there is any reasonable doubt of his guilt, he is entitled to the benetit 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 hnal.

7. lie 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 commissit>n. They are more generally arranged according to the nature of the oft'ense. The following is, perhaps, as complete a classification as the sul)ject admits:

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

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

V. Offenses against pullic 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, con-

\'ll. Ojfensea against chastity - 1, sodomy; 2, bestiality; 3, mlultery; 4, incest; 5, bigamy; 6, seduction; 7, fornication; 8, lascivious carriage; 0, keeping and frequenting houses of ill-fame.

VIII. Otf'ensea against public 2>ol icy - 1, false currency; 2, lotteries; 3, gambling; 4, immoral shows; 5, violation of the right of suffrage; 6, destruction of game, tish, etc.; 7, nuisance.

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

Assessments should be cjinpleted l>efore the fourth Monday in June, at which time the Town Board of Ilcview meets to examine assessments, hear objections, and make such changes as ought to be made. The County B»>ard have also power to correct or change assessments.

The tii.\-lxx)ks 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 re<|uired to return them to the County Treasurer, who then collects all delinquent ta.xcs.

No costs accrue on real estixte taxes until adverti^ed, 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 ton 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-

Ileal estate sold fur ta.xes 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, tifty per cent, if redeemed between six and twelve months; if between twelve ami eigliteen months, seventy -five per cent., and if between eighteen months and two years, one hundred per cent. ; and, in addition, all subsequent taxes paid by tlie pui-chaser, 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 ]>ublishers, that the public are often swindled. That there may be more general knowledge of the relation such agents bear to their principal, and the law governing such cases, we give the following rules, which, if followed, will save a great deal of trouble and perhaps serious loss.

A subscripticm 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 ])urpose: as, a subscription to a charitable institution, a subscription for a book, and the like. In the case of a book, the consideration is concurrent that the publisher shall publish the book named, and deliver the same, for which the subscriber is to j)ay the price named. The prospectus and sample should be carefully examined before subscribing, as they are the basis and consideration of the promise to pay, and not the too often exaggerated statements of the agent, who is merely employed to solicit subscriptions, for which he usually receives a commission for each subscriber, and has no authnrit3' to change or alter the conditions upon which the subscriptions are authorized to be made by the publishers. Should the agent assume to agree to make the subscription conditional, or modify or change the agreement of the publisher, as set out by the prospectus and sample, in order to bind the publisiiers, the

Bubscriher slioiild see that suClV condilioii or chanire is stated over, or in ct»niiection with his signature, so the jmbiishers ma}- have notice of tiie same.

AV'hen several persons promise to contribute to a common object, desired bv all, the promise of each may be a good consideration for the |>romi8e of others. In general subscriptions on certain conditions in favor of the party subscribing, are binding when the acts stipulated are ])crformed. Subscrii>tion is in the nature of a contract of mutual promises. All persons should remember that the law as to written contracts is, that they can Jiot he altered^ varied^ or /rscinded verbally, but if dune at all, must be done in writing. It is therefore im|><>rtant that all persons contemj)lating subscribing should distinctly understand that all talk before or after the subscripti<»n is made is not admissible as evidence, and is no part of the contract. Persons before signing their names to any subscription Imok, «>r any written instrument, should carefully (xamine 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 arc agents aj>pointed to do a particular business in a prescribed mode, ami have no authority to do it in any other way to the j)rejudice of their ])rincipal, nor can they bind their principal in any other matter. They can not collect m<»ney, or agree that payment may be made in anything else than money. They cannot extend the time of j>ayment beyond the time of deliverv, nor bind their ]>rincipal for payment t»f e.\i>ense8 incurred in their business.

When a contract is entire and has been only j»artiallv fulfilled, the party in fault may nevertheless recover from the other partv for the actual benefit received and retained l)y the other j)artv, less the damages sustained by such other party b^- reason of tlie partial nuM-tultillment 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 13 worked for D only fifty-nine days, and then qnit without any reasonable excuse therefor, it was held that B ini^ht nevertheless recover from D for what the work was reasonal)ly worth, less any dania«^e that D may have sustained by reason of the partial non-fullillinent of the contract.

Newspaper Lihel

Allowing the most liberal rule as to the liability of persons in public employment to criticism for their conduct in which the public are interested, there never has been a rule which subjected persons, private or ])ublic, to be falsely traduced. No jiublication is privileged except a bona fide representation, made without malice, to the proper authority, comjdaining 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 oftice. 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 do)>t as a payment would, for in general he is bound to pay the sum which he tendered, whenever he is required to do so. But it puts a stop to accruing damages or interest for delay in payment, and saves the defendant costs. It need not be made by the defendant ])ersonally; 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 i)art of his debt. If the tender be of the whole debt, it is valid. If the obligation be in tiie 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 t>f money valid the money must be actually produced and profl'erod, unless the creditor expressly or iiiij^liedly waives thia production. The debtor is not i)OUMd to count out tlie money, it" he has it and oti'ers it. No conditions must he annexed to the tender, which the creditor can have any «;ood reason whatever tor ohjectiiif^ to; as for instance, that he should j;ive a receipt in full of all demands. The tender shoultl be nuu'le in money made lawful by the State in which it is offered. (generally, a tender is valid and effectual if nuule at any time after the debt is due; and a demand made after the tender if for more than the sum tendered, will not avoid tiie tender. Certainly not, if the demand is for more than the real debt, althoiij^h the excess was for another debt truly due.

Teiuler of Clnitt''l8. - T\\ii thin<5 teiulered may not be money, but some sj»ecitic 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 min;^led with others of a like kirul which lio is not to deliver. Or they may need some act of sej>aration, or identification, or com))letion, before they could becoujc the property of the other party, (ienerally, if no time or place be specified, the articles are to Ihj delivered where they are at the time of the contract, uidess collatenil circumhtanc«'8 designate a different jdace. ll" the time be fixe<|, but not the place, then it will be jiresumed that the deliverer was to bring the articles to tlio 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 Cipiivalent force, distinctly implies that they are to be left at some other place. It may iiaj)pen, fnjui the cumbrousnesatd" the chattels or other circumstances, that it is reasoiuible and just for the deliverer to ascertain from the receiver, long enough beforehand, where they shall be delivered; and then he would l>e 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 l)y 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 aiiv place, or purposely avoids receiving notice of a place, the deliverer may ajipoint any place, with a reasonable

Digest Of 8Tatk Laws

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

Drunkenness

Is the condition of a person who is under the immediate influence of intoxicating li(^uors. 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 sutticient reason for invalidating any act.

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

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

Marriage is a contract, made in clue toriu ol' law, by wliicli a man antl woman reciprocally engage to live with each other during their joint lives, and to discharge towards each other the duties imposed by law on the relation t>t' husband ami wif'i'. The marriage contract is in law a civil contract, to which the consent ot" the parties is essential. The marriage relation can oidy 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, tlie parties must lie wdliiuj to contract, ahle to contract, an«l have actuaUtf contraoted. All persons arc able to contract marriage unless they are under the legal age, or unless there bo other disability; the age of consent at common l:i\v is fourteen in males and twelve in fenniles. When a person under this ago marries, such person can, when lie or she arrives at the age above specified, avoid the marriage, or such person or both may, if the other is of legal age, cnnfirm it; if either of the parties is under seven, the marriage is void. If either of the party is n<>a cnjnjios ut, ntls or in>ane, or has a husband or wite living, the marriage is void.

The j>artics must cjich be willing to marry the otlier. If eitlier party acta under compulsion, or is under duress, the marriage is voidable.

The hu>band is bound to receive his wife at home, ajjd sliouhl furnish her with all the necessaries and conveniencies which his fortune enables him to do, and which her situation ixv^uires, but this does not include such lu.xuries as, according to her fancy, she deems necessaries, lie is bound to love his wife and be;ir with her faults, and, if jwssiblc, 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 liimself wherever he may please, and in this he cannot be controlled by his wife; lie may manage his affairs in liis own way, buy and sell all kinds of personal i)roperty, without her control, and he may buy any real estate he may deem proj>er; but sis the wife accpiires a right in the latter, he cannot sell it without her consent.

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

Diokst Ov Statk Laws

She is under obli<^atioii to be taitht'ul in cliastitj to her niarria<;e vow. A wife has the rii^lit to tlie love and protecting care of her husband; slie has the right to sliare liis bed and board; she can call upon her hnsbaixl to ])rovide her with the necessary food and clotiiing, according to her position in life, and if he neglects or refuses to do so, she can procure them on his account.

Married Women

May bargain, sell, and convey their real and personal 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 good?, rendering bills, collecting money and receipting fur the same, and in general, entering into any contract so as to bind him, if she has his authority to do so. And while tliey continue to live together, the law considers the wife as clothed with authority by the husband to buy for him and his family all things necessary, in kind and quantit\-, for the proper support of his family; and for such ])urcha;es made bj her he is liable. The husband is responsible for necessaries supplied to his wife, if he does not supply them himself, and he continues so liable if he turns her out of his house or otherwise separates himself from her, without good cause. But he is not so liable if she deserts him, (without extreme provocation) or if he turns her away for good cause. Tf she leaves him because he treats her so ill that she has good right to go from him and his house, this is the same thing as turning her away; and she carries with her his credit for all necessaries supplied to her. But what the misconduct must be to give this right, is uncertain. But the law 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 them - often wish to secure to them certain powers and rights, and to limit these in certain ways or to make sure that their projierty is in safe and skillful hands. This can only be done by conveying and transferring the property to trustees; that is, to certain persons to hold the same in trust.

A inarrifd woman may 6uo and bo sued. At the deatli of the liUbbaml, in addition to the widow's award, a nuuried woman lias a dower interest [one-third] in all real estate owned l»y her liusband after their marriaire, and wliich lias not been released by her, and the hnsbaiul has the same interest in the real estate of the wife, after her death.

The law of this Stiitc says that a school month shall comj)riso twenty-two school days, aettially taUj^ht. It also ]>rovide8 that teachers shall not l)0 required to teach on h'iral holidays, thanksgiving or fast-days, ap|)ointed by State or National autiiority.

The rulings of courts are that the trustees of a school district may jirescribe what studies shall be pursued, and may regulate the classilication of the pupils; but that a parent may select, from the branches ]tursued, those which the child shall study, so long as the exercise of such selection does not interfere with the system prescribed for the schiM»l ; that the child cannot Ik? excluded frojii <»ne study simply because he is deficient in another; the rule re«iuiriMg his exclusion is unn-asonable, and cannot be enforced.

Can make a binding contr.ict for necessaries only. An infant can never bind himself even for necessaries when he has a parent or gmirdian who supplies his wants. What are considered necessaries depend n]K)n the rank and circunistJinces of the infant in the particular case. All his other contnicts are considered void<ihle and tv)j</. An infant's c^nitract on a bill or note is voidable. His liability may Ikj established by r:ititicatii>n after full age.

Thecontirmation or ratiticiition must be distinct, and with a knowledge that he is not liable on the contract. A mere acknowledgment of a debt, or a i)ayment of a part of it, will not 6uj>port 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 acox»ptor 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 ai^ai'iist biniself. An intUnt may sue on a hill, hut lie sues by his guardian or next friend, and payment should accordingly he made to him.

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

Adoption Of Children

Children may be adopted by any resident of this State by tiling a petition in the Circuit or County Court of the county in which lie 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 he 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 any 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 i)urj)Oi?e, the following persons were elected [or appointed; here insert the nainesj trustees, wardens, vestrymeji [or ottieers by whatever name they may ehut>sc to adoj)t, with power similar to trustees), aeoonlin^ to the rules and usages of such [church,

Which affidavit must bo recorded by the Recorder, and shall be, or a certified copy made by the Recorder, received as evidence of 6uch corporation.

The term of office of the trustees, ami the general government of the society can be determined by the rules and by-laws adojited. Failure to elect trustees at the time j)rovided does not work a dissolution, but the old trustees hold over. A trustee or trustees may be removed, in the same manner, by the society, as elections jire held by a meeting called for that purpose. The jiroperty of the society rests in the corporation. The corporation may hold, or ac(juire by purchase or otherwise, land not exceeding ten acres, for the j)urpose of the society. The trustees have the care, custody and control of the proj)erty of the corporation, and can, tv/ieri directed by the society, erect houses or improvements, and repair and alter the same, and may also when so directed by the society, mortgage, encumber, sell and convey any real or personal estate behtnging to the corporation, an<J make all j)roper contracts in the name of such corporation. Ilut they are prohiljited by law from encumbering or interfering with any property so as to destrt»y the effect of any gift, grant, devi.se or bequest to the corporation; but such gift<«, grants, devises or be(|uest8 must in all cases be u.sed so as to carry out the object intended by the persons making the same. E.xisting churches may organize in the manner herein set forth, and have all the advantages thereof.

Game Digest Of Statk Laws

the people in having wise and just Uiws ])a.ssed for the protection of fish and game. It is ajiparent to all that, unless these laws are vigorously enforced, the time will soon come when fish and game will be so scarce as to be within the rcat-h of only the wealthy. Under proper regulations our streams of pure running water would all be filled with fish, as in other years, and our ])rairies, fields and forests alive with their great variety of game. It is a question that interests all, and the game laws should l)e enforced.

Sec. 1. That it shall be unlawful for any person or persons to hunt or ])ursue, kill or traji, net or ensnare, destroy, or attempt to kill, tra]i, net, ensnare, or otherwise destroy any prairie hen or chicken, or any woodcock, between the 15tli day of January and the 1st day of September in each and every year; or any deer, fawn, wild turkey, rulVed grouse (commonly called partridge), or pheasant, between the 1st day of February and the 1st day of October in each and every year; or any quail between the Ist day of Fel)- ruary and the 1st day of November in each and every year; or any wild goose, duck, snipe, brant, or other waterfowl between the 1st day of May and the 15th day of August in each and every year: Provided, That it shall be unlawful for any person or persons to net any quail at any time after this act shall take eft'ect and be in force; and lyrovided furt]iei\ That it shall be uidawful for any person or persons who is or are non-residents of this State to kill, ensnare, net or trap any deer, fawn, wild turkey, prairie hen or chicken, rufied grouse, quail, woodcock, wild goose, wild duck or l)rant, or any snipe, in any county of this State, at any time, for the purpose of selling or marketing or removing the same outside of this State. Every ])erson who violates any of the ]u-ovision8 of this section shall, for each and every ofiense, be deemed guilty of a misdemeanor, and on conviction shall be fined not less than five dollars (85) nor more than twent^'-fivc dollars (825) and costs of suit for each and every separate bird or animal c»f the above enumerated list, so unlawfully hunted or pursued, killed, traj)ped, netted, ensnared, or destroyed or attempted to be killed, trapped, nette<], ensnared, or otherwise destroyed, and shall stand committed to the county jail until such fine and costs are paid, but such imprisonment shall not exceed ten days.

Sec. 6. No person or persons shall sell or expose for sale, or have in his or their j)osse8sion for the purpose of sellini; or exposing for sale, any of the animals, wild fowls or birds mentioned in section 1 of this act, after the expiration of five days next sncceediiiij the first dav of the period in which it shall be unlawful to kill, trap, net, or ensnare such animals, wild fowls or birds. And any ])erhon so otfcndin^ shall, on conviction, be fined and dealt with as specitie<l in Section 1 of this act: ProvUt&ly That the ])rovision8 of this act shall not apply to the killing of birds by or for the use of taxidermists for preservation either in public or jirivate collections, if so preserved.

The fifteenth of January, it will be observed, is the date when the prohibition bc<j;in8 to work as to prairie chickens and woodcock; the first of February is the date for most other sorts of game, except waterfowl. And five days after the ])roh'ibition against killitii^ goes into force, it becomes unlawful t«> sell or ex])0se for sale the prohibited gatnr.

I'Kkskkvation Of Other Birds

It may be appropriate to mention hero that Sections 3 and 4 of the act of 1873, which are not changed or affected by the act of 1^77, are as follows:

Sec. 3. No j>ers<»n shall at any time, within this State, kill or attempt to trap, net, ensnare, destroy or kill any robin, bluebird, swallow, martin, mt>s«|uito hawk, whippoorwill, cuckoo, W(jodpecker, catbird, brown-thnisher, red-bird, hanging-bird, buzzard, sparrow, wn^'n, humming-bird, dove, gold-linch, nwjcking bird, blue-jay, finch, tlirush, lark, cherry-bird, yellow-bird, oriole, or bobolink, nor rob or destroy the nests of such binls, or either or any of them. And any person go offending shall on conviction be fined the su!n of five dollars for each and every bird so killed, and for each and every nest robbed or destroyed: Provided, that nothing in this section shall be construed to prevent the owner or occupant of lands from destroying any of the birds herein named on the same, when deemed necessary for the jtrotection of fruits or property.

Sec. 4. It shall be unlawful for any j)erson or persons to destroy or remove from the nests of any prairie chicken, grouse or (^uail, wild turkey, goose or brant, any &i^^ or eggs of such fowl or bird, or for any person to buy, sell, have in possession or traffic in such

Gg^&, or willfully destroy the nest of such birds or fowls, or any or either of theni. And any })erson s<» oliouding' shall on conviction be lined and dealt with as specilied in Section 8 uf this act.

The owner or occupant of every public grist-mill in this State shall grind all grain brougiit to his mill, in its turn. The'toll for both steam and water mills, is, for grinding and bolting wheat, rve, or other grain, one-eighth ]virt; for grinding Indian corn, oats, barley, and buckwheat not required to be bolted, one-seventh ])art; for grinding malt, and chopping all kinds of grain, one-eighth part. It is the duty of every miller, when his mill is in repair, to aid and assist in loading and unloading all grain brought to his mill to be ground; and he is also required to keep an accurate half-bushel measure, and an accurate set of toll dishes or scales for weighing the grain. The penalty for neglect or refusal to comply with the law is $5, to the use of any person suing for the same, to be recovered before any Justice of the Peace of the count}' where the penalty is incurred. Millers are accountable (except it results from unavoidable acci dents) for the safe-keeping of all grain left in their mill for the purpose of being ground, with bags or casks containing same, provided that such bags or casks are distinctly marked with tlie initial letters of the owner's name.

Every poor person who shall be unable to earn a livelihood in consequence of any bodily infirmity, idiocy, lunacy or unavoidable cause, shall be supported by the father, grandfathers, mother, grandmothers, children, grandchildren, brothers or sisters, of such poor person, if they or either of them be of sufficient ability; but if any of such dependent class shall have become so from intemperance, or other bad conduct, they shall not be entitled to support from any relation e.Kcept parent or child. The children shall first be called on to sup])ort their parents, if they are able; but if not, the j)arents of such poor person shall then be called on, if of sufficient ability; and it there be no ])arents or children able, then the brothers and sisters of such dependent person shall l)e called upon; and if there be no brothers or sisters of sufficient ability, the grandchildren of such ])erson shall next be called on; and if they are not able, then the grandparents. Married females, while their liusbands live, shall not be liable to contributo for the sup[)ort of their poor relations except out of their separate property'. It is the duty of the State's attorney to make ct'inplaint to the County Courtof his county airainst all the relatiyes of such ])auper8 in this State liable to support, and prosecute the same. In case the State's attorney neglects or refuses to complain in such cases, then it is the duty of the oyerseer of the poor to do so. The j)erson called upon to contributo shall have at least ten days' notice of such application, by summons. The court has the power to determine the kind of support, dej)endin«j u[)on the circumstances of the parties, and njay also order two or more of the different tlegrees to mainUiin such poor person, and prescribe the j)roportion of cacli, according to his or her ability. The court may specify the time for which the relatives shall contribute; in fact it has control over the entire subject matter, with power to enforce its order.

Every county is re«[uired to relieve and support all poor and indigent j)er»ons lawfully resident therein. " Ivesidcnce " means the actual residence of tlie party, or the ])lace where ho was cnij)loyed; or in case l>e was in no employment, then it shall be the j)lace where he nuido his liome. ^Vhcn any person becomes chargeable Jis a pauper who tlid not reside in the a)unty at the commencement of si.K months immediately preceding his becoming so, but did at the time reside elsewhere in this State, then the county bec<jmeB liable for the exjK-'use of talking care of such person until removed; and it is the duty of the overseer to notify the proper authorities of the fact. If any ])erson shall bring and leave any j)auper in any county in this State where such pauper had nu legal residence, knowing him to be such, he is liable tt> a tine of $100. In counties uinler township organizatii)n, the suj>ervisors in each town are ex-officio overseers of the j>oor. The overseers of the poor act under the directions of the County Board in taking care of the poor and granting teni- ]^K)rary relief; also, in providing for non-resident persons not paupers who may be taken sick and not able to pay their way, and, in case of death, causing such persons to be decently buried.

"When practicable from the nature of the ground, persons travel inir in anv kind of vehicle must turn to the ri'dit of the center of the road, so as to permit each carriage to pass without interfering with the other. The penalty tor a violation of this provision is $5 for every offense, to be recovered by the j)arty injured; l)ut to recover, there must have occurred some injury to |>erson or ])roj>ertv resulting from the violation.

The owners of any carria<j^e travelinij U]>on any road in this State for the conveyance of passeuii^crs, who shall employ or continue in their employment as driver any })erson who is addicted to drunkenness, or the excessive use of spirituous litjuors, after he has had notice of the same, shall j)ay a forfeit at the rate of $5 per day; and if any driver, while actually engaged in driving any such carriage, shall be guilty of intoxication to such a degree as to endanger the safety of passengers, it shall be the duty of the owner, on receiving written notice of the fact, signed by one of the ]>assengers, and certified by him on oath, forthwith to discharo:e such driver. If such owner shall have such driver in his employ within three months after Buch notice, he is liable for $5 per day f(»r the time he shall keep such driver in his em])loyment after receiving such notice.

Persons driving any carriage on any i^ublic highway are prohibited from running their horses npon any occasion, nnder a penalty of a fine not exceeding $10, or imprisonment not exceeding sixtv days, at the discretion of the court. Horses attached lo any carriage nsed to convey passengers for hire must be properly hitched, or the lines placed in the hands of some other ])erson, before the driver leaves them for any purpose. For violation of this provision each driver shall forfeit twenty dollars, to be recovered" by action commenced within six months.

It is understood by the term "carriage'' herein U) mean any carriage or vehicle nsed for the transportation of passengers, or goods, or either of them.

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

Stakeholders mustdeliver the thing holden by them to the person entitled to it, on demand. It is fVecpiently (piestionable who is entitled to it. In case of an unlawful wager, although he may be jus- tified for delivering the thliij^ to the winner, by the express or imj)lic'(l consent of the loser, yet if before the event has happened he lias been ret^uired by either ])arty to give up the thinij; deposited with him by such party, he is bound to deliver it; or if, after the event has ha])pened, the losing jmrty gives notice to the stakeholder nt)t to ])ay the winner, a pa3'inent made to him al'terwanls will be made to him in his own wrong, and the ])arty wlu» deposited the money or thing may recover it from the stakeholder.

Sunday

Liibor of whatever kind, other tlian the household offices of daily necessitv, or other work of charitv and nccessitv, on the first day of the week, commonly called Sunday, is in general under penalty prohibited; but all j)crsons do not c«)me under prohibition. If a contnict is commonccil on Sunday, but not completed until a subsequent <lay, or if it merely grew out of a transaction which took place on Sunday, it is ni>t for this re:u*«»n void. Thus, if a note is signed on Suiuhiv, its viiliditv is nr»t impaire*! if it be not dL-livcred on that da\'.

$ means d<tlUtrs, being a contraction of U.S., which was formerly phiced before any denomination of money, and meant, as it means now, United States currency. £ means pomuh, English money, (qj stands for //< or ^o/ tb {i»r pound/ bbl. for barrel; and ^ for j}er or ht/ the. Thus, butter sells at 20@30c. '^ ih, and flour at $6k<i<10 ^ bbl. \, stands for jter cent.^ and j| lor numhev.

In the example "May 1 - wheat sells at $l.(»5cy, 1.10, seller June," seller June means that the j>crson who sells the wheat has the privilege of delivering it at any time during the month of June. "Selling short'' is c«»ntracting to <leliver a cerUiin amount of grain or stock at a ti.xed price within a certain length of time, when the seller has not the stock on hand. It is for the interest of the j>er8on selling '' short" to depress the market lis much Jis possible, in order that he may buy and fill his c<jntract at a protit. Ilence the ''shorts" are termed "bears."

Bees

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

Dogs

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

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

Chikltv To Animals

Whuever sliall willfully overdrive, overload, overwork, torture, torment, heat, dej)rivc of fiecessarv and proper food, drink, or fehelter, or cruelly kill any such animal, or work an old, maimed, sick, or disabled animal, or keep any animal in an unnecessarily cruel manner, for each and every ott'ense shall be liable tt) a line of not less than $3 or more than $'2<)(), to be recovered on complaint before any Justice of the Peace, or by indictment. The word "animal" used shall be tiiken to mean any living creature.

Any person desirous of changing his name, and to assume another name, may lile a petition in the Circuit Court of the county where he resides, praying for such change. Such petition shall set forth the name then held, and also the name sought to be assumed> t(»g(ther with his residence, and the length of time he shall have resided in this State, and his nativity. In case of minors, parents or guardians must sign this petition; ami said petition shall be verified by the Jitrnlavit of some credible person. A |trevi(»Uh notice shall be given of such intended a|)plicatit>n by publishing a notice thereof in a county iiew6paj>er for three consecutive weeks, the first insertion to Ikj at least six weeks prior to the first day of the term of the court in which tlie said petition is to be tiled.