Tazewell County, Illinois - Chapter 16: Railroads Indianapolis, Bloomington & Western Railway, 1879 (part 2 of 2)

A subscription is the placing of a signature below a written or printed engagement. It is the act by which a person contracts, in writing, to furnish a sum of money for a particular purpose: as, a subscription to a charitable institution, a subscription for a book, and the like. In the case of a book, the consideration is concurrent that the publisher shall publish the book named, and deliver the same, for whicli the subscriber is to pay the price named. The prospectus and sample should be carefully examined before subscribing, as they are the basis and consideration of the promise to pay, and not the too often exaggerated statements of the agent, who is merely employed to solicit subscriptions, for which he usually receives a commission for each subscriber, and has no authority to change or alter the conditions upon which the subscriptions are authorized to be made by the publishers. Should the agent assume to agree to make the subscription conditional, or modify or change the agreement of the publisher, as set out by the prospectus and sample, in order to bind the publishers, the subscriber should see that such condition or change is stated over, or in connection with his signature, so the publishers may have notice of the same.

When several persons promise to contribute to a common object, desired by all, the promise of each may be a good consideration for the promise of others. In general subscriptions on certain conditions in favor of the party subscribing, are binding when the acts stipulated are performed. Subscription is in the nature of a contract of mutual promises. All persons should remember that the law as to written contracts is, that they can not he altered, varied, or rescinded verbally, but if done at all, must be done in writing. It is therefore important that all persons contemplating subscribing should distinctly understand that all talk before or after the subscription is made is not admissible as evidence, and is no part of the contract. Persons before signing their names to any subscription book, or any written instrument, should carefully examine what it is; if they cannot read, they should call on some one disinterested who can.

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

Contract For Personal Services

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

Newspaper Libel

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 public, to be falsely traduced. No publication is privileged except a bona fide representation, itiade without malice, to the proper authority, complaining on reasonable grounds. The nearest approach to this license is where the person vilified presents himself before the body of the public as a candidate for an elective office. But even then there is no doctrine which will subject him without i*emedy to every species of malevolent attack.

Tender

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

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

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

Drunkenness

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

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

When carried so far as to deprive the party of all 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 tliat 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 Contract

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

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

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

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

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

Married Women

May bargain, sell, and convey their real and personal property, and enter into contracts with reference to the same. The wife may bo tlie agent of the husband, and transact for him business, making, accepting or endorsing bills or notes, purchasing goods, rendering bills, collecting money and receipting for the same, and in general, entering into any contract so as to bind him, if she has his authority to do so. And while they continue to live together, the law considers the wife as clothed with authority by the husband to buy for him and his family all tilings necessary, in kind and quantit}-, for the proper support of his family; and for such purchases made by her he is liable. The husband is responsible for necessaries supplied to his wife, if he does not supply them himself, and he continues so liable if he turns her out of his house or otherwise separates himself from her, without good cause. But he is not so liable if she deserts him, (without extreme provocation) or if he turns her away for good cause. If she leaves him because he treats her so ill that she has good right to go from him and his 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 property is in safe and skillful hands. This can only be done by conveying and transferring the property to trustees; that is, to certain persons to hold the same in trust.

A married woman may sue and be sued. At the death of the husband, in additio7i to the widow's award, a married woman has a dower interest [one-third] in all real estate owned bj her husband after their marriage, and which has not been released by lier, and the husband has the same interest in the real estate of the wife, after her death.

School Month

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

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

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

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

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

Adoption Of Children

Children may be adopted by any resident of this State by filing a petition in the Circuit or County Court of the county in which he resides, asking leave to do so; and, if desired, may ask that the name of the child be changed. Such petition, if made by a person having a husband or wife, will not be granted unless the husband and wife joins therein, as the adoption must be by them jointly. The petition shall state name, sex, and age of child, and the new name, if it is desired to change the name; also, the name and residence of the parents of the child, if known, and of the guardian, if any, and whether the parents or guardian consent to the adoption.

The Court must find, before granting decree, that the parents of the child, or the survivors of them, have deserted his or her family, or such child, for one year next preceding the application ; or, if neither is living, that the guardian (if no guardian, the next of kin in this State capable of giving consent) has had notice of the presentation of the petition, and consents to such adoption. If the child is at the age of fourteen or upwards, the adoption cannot be made without its consent.

Church Organizations

May be legally made by electing or appointing, according to the usages or customs of the body of which it is a part, at 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 aflidavit substantially in the following form: that |3urpose, the following persons were elected [or appointed; here insert the names] trustees, wardens, vestrymen [or officers by whatever name they may choose to adopt, with power similar to trustees], according to the rules and usages of such [church,

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

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

Game

the people in having wise and just laws passed for the protection of fish and game. It is apparent 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 reach of only the wealthy. Under ]n*oper regulations our streams of pure running water would all be filled with fish, as in other years, and our prairies, fields and forests alive with their great variety of game. It is a question that interests all, and the game laws should be enforced.

Sec. 1. That it shall be unlawful for any person or persons to hunt or pursue, kill or trap, net or ensnare, destroy, or attempt to kill, trap, net, ensnare, or otherwise destroy any prairie hen or chicken, or any woodcock, between the 15th day of January and the 1st day of September in each and every year; or any deer, fawn, wild turkey, ruffed grouse (commonly called partridge), or pheasant, between the 1st day of February and the 1st day of Octo1)er in each and every year; or any quail between the 1st day of February and the 1st day of November in each and every year; or any wild goose, duck, snipe, brant, or other «^aterfowl 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 effect and be in force; and lyrovided further^ That it shall be unlawful for any person or persons who is or are non-residents of this State to kill, ensnare, net or trap any deer, fawn, wild turkey, ])rairie hen or chicken, ruffed grouse, quail, woodcock, wild goose, wild duck or brant, or any snipe, in any county of this State, at any time, for the purpose of selling or marketing or removing the same outside of this State. Every person who violates any of the provisions of this section shall, for each and every offense, be deemed guilty of a misdemeanor, and on conviction shall be fined not less than five dollars ($5) nor more than twenty-five dollars ($25) and costs of suit for each and every separate bird or animal of the above enumerated list, so unlawfully hunted or pursued, killed, trapped, netted, ensnared, or destroyed or attempted to be killed, trapped, netted, ensnared, or otherwise destroyed, and shall stand committed to the county jail until such fine and costs are paid, but such imprisonment shall not exceed ten days.

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

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

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

Sec. 3. JSTo person shall at any time, within this State, kill or attempt to trap, net, ensnare, destroy or kill any robin, bluebird, swallow, martin, mosquito hawk, whippoorwill, cuckoo, woodpecker, catbird, brown-thrasher, red-bird, hanging-bird, buzzard, sparrow, wren, humming-bird, dove, gold-finch, mocking bird, blue-jay, finch, thrush, lark, cherry-bird, yellow-bird, oriole, or bobolink, nor rob or destroy the nests of such birds, or either or any of them. And any person eo ofiending shall on conviction be fined the sum of five dollars for each and every bird so killed, and for each and every nest robbed or destroyed: Provided, that nothing in this section shall be construed to prevent the owner or occupant of lands from destroying any of the birds herein named on the same, when deemed necessary for the protection of fruits or property.

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

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

Every poor person who shall be unable to earn a livelihood in consequence of any bodily 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 siifticieut ability; but if any of such dependent class shall have become so from intemperance, or other bad conduct, they shall not be entitled to support from any relation except parent or child. The children shall first be called on to support their parents, if they are able; but if not, the parents of such poor person shall then be called on, if of sufiicient ability; and it there be no parents or children able, then the brothers and sisters of such dependent person shall be called upon; and if there be no brothers or sisters of sufficient ability, the grandchildren of such person shall next be called on; and if they are not able, then the grandparents. Married females, while their husbands live, shall not be liable to contribute for the support of their poor relations except out of their separate propert}'. It is the duty of the State's attorney to make complaint to the County Court of his county against all the relatives of such paupers in this State liable to support, and prosecute the same. In case the State's attorney neglects or refuses to complain in such cases, then it is the duty of the overseer of the poor to do so. The person called upon to contribute shall have at least ten days' notice of such application, by summons. The court has the power to determine the kind of support, depending upon the circumstances of the parties, and may also order two or more of the different degrees to maintain such poor person, and prescribe the proportion of each, according to his or her ability. The court may specify the time for which the relatives shall contribute; in fact it has control over the entire subject matter, with power to enforce its order.

Every county is required to relieve and support all poor and indigent persons lawfully resident therein. " Residence " means the actual residence of the party, or the place where he was employed; or in case he was in no employment, then it shall be the place where he made his home. When any person becomes chargeable as a pauper who did not reside in the county at the commencement of six months immediately preceding his becoming so, but did at the time reside elsewhere in this State, then the county becomes liable for the expense of taking care of such perscm until removed ; and it is the duty of the overseer to notify the proper authorities of the fact. If any person shall bring and leave any pauper in any county in this State where such pauper had no legal residence, knowing him to be such, he is liable to a fine of $100. In counties under township organization, the supervisors in each town are ex-officio overseers of the poor. The overseers of the poor act under the directions of the County Board in taking care of the poor and granting temporary relief; also, in providing for non-resident persons not paupers who may be taken sick and not able to pay their way, and, in case of death, causing such persons to be decently buried.

Public And Priyate Conveyances

When practicable from the nature of the ground, persons travel ing in any kind of vehicle must turn to the right of the center of the road, so as to permit each carriage to pass without interfering with the other. The penalty for a violation of this provision is $5 for every offense, to be recovered bj the party injured; but to recover, there must have occurred some injury to person or property resulting from the violation.

The owners of any carriage traveling upon any road in this State for the conveyance of passengers, who shall employ or continue in their employment as driver any person who is addicted to drunkenness, or the excessive use of spirituous liquors, after he has had notice of the same, shall pay a forfeit at the rate of $5 per day ; and if any driver, while actually engaged in driving any such carriage, shall be guilty of intoxication to such a degree as to endanger the safety of passengers, it shall be the duty of the owner, on receiving written notice of the fact, signed by one of the passengers, and certified by him on oath, forthwith to discharge such driver. If such owner shall have such driver in his employ within three months after such notice, he is liable for $5 per day for the time he shall keep such driver in.his employment after receiving such notice.

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

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

Wagers And Stakeholders

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

Stakeholders must deliver the thing holden by them to the person entitled to it, on demand. It is frequently questionable who is entitled to it. In case of an unlawful wager, although he may be jus- tified for delivering the thing to the winner, by the express or implied consent of the loser, yet if before the event has happened he has been required by either party to give up the thing deposited with him by such party, he is bound to deliver it; or if, after the event has happened, tlie losing party gives notice to the stakeholder not to pay the winner, a payment made to him afterwards will be made to him in his own wrong, and the party who deposited the money or thing may recover it from the stakeholder.

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

Definition Of Commercial Terms

$ means dollars, being a contraction of U. S. , which was formerly placed before any denomination of money, and meant, as it means now, United States currency. £ means pounds, English money. @ stands for azJ or ?5«:V ft) iov poimd; bbL for barrel; and f) for per or ly the. Thus, butter sells at 20 @ 30c. '^ ft, and flour at $6@10 f bbl. j,, stands for ^^t^r cent., and ^ for number.

In the example "May 1 - wheat sells at $1.05@1.10, seller June," seller June means that the person who sells the wheat has the privilege of delivering it at any time during the month of June. " Selling short" is contracting to deliver a certain amount of grain or stock at a fixed price within a certain length of time, when the seller has not the stock on hand. It is for the interest of the person selling " short " to depress the market as much as possible, in order that he may buy and fill his contract at a profit. Hence the "shorts" are termed "bears."

Bees

Bees, while unreclaimed, are by nature wild animals. Those which take up their abode in a tree belong to the owner of the soil in which the tree grows, if unreclaimed ; but if reclaimed and identified thev belono' 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 the property of the bees in the finder. They do not become property until actually hived.

Dogs

Dogs are animals of a domestic nature. The owner of a doc has such property in him tliat 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 his house, because a person coming there on lawful business may be injured by him, though there may be another entrance to the house. 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.

Too Digest Of State Laws Cruelty To Ani3Uls

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

Any person desirous of changing his name, and to assume another name, may file a petition in the Circuit Court of the county where he resides, praying for such change. Such petition shall set forth the name then held, and also the name sought to be assumed? together with 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; and said petition shall be verified by the afiidavit of some credible person. A ])revious notice shall be given of such intended application by publishing a notice thereof in a county newspaper for three consecutive weeks, the first insertion to be at least six weeks prior to the first day of the term of the court in which the said petition is to be filed.

United States Mails

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

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

Never send money or any other article of value through the mail, except by means of a money order or in a registered letter. Every letter sent should contain the full name and address of the writer, with the county and State, in order to secure its return if the person to whom it is directed cannot be found. Persons who have large correspondence find it most convenient to use "special request " envelopes, but thos6 who only mail an occasional letter can avoid the trouble by writing a request to " return if not delivered," etc., on the envelope.

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

Stamps cut from stamped envelopes, mutilated postage stampS) and internal revenue stamps, will not be accepted in payment for postage. Letters deposited in a postoffice having such matter aflSxed are held for postage.

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

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

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

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

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

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

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

Bates Of Postage

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

Rates Of Postage On Third-Class Matter

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

One cent for each ounce. - Blank books, blank cards, book manuscript, card boards and other flexible materials, chromo-lithographs^ circulars, engravings, envelopes, flexible patterns, letter envelopes, letter paper, lithographs, merchandise, models, ornamented paper, postal cards, when sent in bulk and not addressed, photographic views, photographic paper, printed blanks, printed cards, sample cards, samples of ores, metals, minerals, and merchandise, seeds cuttings, bulbs, roots and scions, and stereoscopic views.

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

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

Registered Matter

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

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

Money Orders

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

Under no circumstances can payment of an order be demanded on the day of its issue. The fees or charges for money-orders will be as follows:

When a larger sum than $50 is required, additional orders to make it up must be obtained. But post-masters are instructed to refuse to issue in one day, to the same remitter and in favor of the same payee, more than three money-orders payable at the same postoftice.