Tazewell County, Illinois - Chapter 16: Railroads Indianapolis, Bloomington & Western Railway, 1879 (part 1 of 2)

Chapter 16: Railroads Indianapolis, Bloomington & Western Railway

Among the very first charters granted to railroads, perhaps the second one, by the State of Illinois, was the one granted to the Pekin & Tremont Railroad. This company was incorporated by the Legislature, Jan. 13, 1835. Madison Allen, Harlan Hatch, J. L. James, John H. Harris, George W. Brodrick and Aronet Richmond were constituted a body corporate, with capital stock of $50,000, for the purpose of building said road. It ran, according to the charter, from Pekin to Tremont, in this county. The company was given the power "to erect and maintain toll houses along the line." The road bed was graded and track partially laid, but the hard times of 1837 and the failure of the grand internal improvement scheme of the State put a stop to further progress on the P. & T. road. About a year after the P. & T. road was chartered a grander scheme was undertaken, and the Legislature incorporated the Pekin, Bloomington & Wabash Railroad, Feb. 16, 1836. This was a continuation eastward of the P. & T. road. Considerable enthusiasm was at first manifested in regard to the matter, but, like many other railroad schemes, it was never carried out.

Years passed by, and the work accomplished along the route left to ruin. Nothing definitely was further done until June 26, 1866, when fifteen or twenty persons met in the court-house at Urbana, Champaign county. 111., for the purpose of taking steps to secure the construction of a railroad from Danville to the Illinois river. Very little was done at this meeting, the parties present merely exchanged views and adjourned to meet Aug. 7, at LeRoy, McLean county. The meeting was held there and largely attended, but no definite action was taken, and it adjourned to meet on the 24th of the same month. The enterprise was then fully discussed by the newspapers, and when the time for the meeting came, some opposition to the road was manifested. It was a matter of some dfficulty to effect an organization, nevertheless it was done under the general railroad law of the State. But after some delay the towns along the line subscribed the required amount. The road proposed was 116 miles in length, and the subscriptions amounted to $116,000. The route selected was, so far as they went, over the P. & T. and the P., B. & W. Railroads. The company immediately selected officers, making C. R. Griggs, President; W. T. McCord, Vice President and Dr. Henry Conklin, Secretary. The road was then named the Danville, Urbana, Bloomington & Pekin Railroad.

The charter was adopted by the company at a meeting held at Pekin, March 27, 1867. Commissioners were immediately appointed to secure the right of way and push the work. Steps were taken to secure subscriptions. Most of the cities and towns answered the call and subscribed to the stock to the amount of |85(),0()0. The road had three divisions, the western extending from Bloomington to Pekin, Work on the road was commenced Oct. 1, 1867, and the last rail laid at Bloomington May 1, 1870. While this road was being built, another road was projected from Indianapolis to Danville, known as the Indianapolis, Crawfordsville ct Danville R. R., and in August, 1869, the two roads were consolidated under the name of Indianapolis, Bloomington & Western R. R., extending from Indianapolis to Pekin, a distance of 202 miles. Since then the road has been extended from Pekin to Peoria.

The Peoria, Pekin & Jacksonville Railroad

is 83 miles long, passing through the county-seats of Tazewell, Mason and Cass counties, and extending from Peoria to Jacksonville. That portion of its line from Pekin to Virginia Avas constructed in the years 1858 and 1859 under the charter of the Illinois River Railroad Company, Richard S. Thomas, of Virginia, being its President, and Benjamin S. Prettyman, of Pekin, its Vice President. Its Directors in 1857 were Wm. Thomas, of Jacksonville, R. S. Thomas, of Cass county, J. S. Ruggles, of Bath, Francis Low, of Havana, and Joshua Wagonseller, of Pekin. Its Treasurer, James H. Hole, of Havana, who was afterwards succeeded by Francis Low. Its Secretary, Dr. H. M. L. Sehooley. The first Chief Engineer of the road w^as W. G. Wheaton, who located the line. His successors were J. C. Chesbrough, J. B. Cummings, and Thomas King, in the order of their names. Dr. Charles Chandler, the founder of Chandlerville, afterwards became a Director, and rendered important aid in the construction of the road.

In 1862 the Illinois River Railroad Co. had exhausted its assets, and steps were taken to foreclose the road upon its issue of 1 1,020, 000 first mortgage bonds, which had been used in jMirchasing the track-iron. At the foreclosure sale on the 1st day of October, 1863, the property was purchased by John Allen, of Old Saybrook, Conn, on behalf of himself and Aaron Arnold, and Edwin I^. Trowbridge, of the city of New York, fi)r the sum of S400,000. They sold the same to the Peoria, Pekin & Jacksonville R. R. Co. on the May 21, 1864, and in the autumn of that year the road was completed from Pekin to Peoria. In 1868 the extention of the line from Virginia to Jacksonville was commenced and completed on July 4, 1869, when trains were first run with passenger cars to Jacksonville.

Edwin L. Trowbridge was the first President of the Company. He retained the office until Sept. 25, 1867, when he was succeeded by Mr. Allen, who has held the office until the present time. Under his administration the extention from Virginia to Jacksonville was made, the road and bridges thoroughly rebuilt, and about twenty miles of steel rails placed in the track. It was also supplied with its present excellent equipment.

April 1, 1878, the road was placed in the hands of a Receiver by the Circuit Court for Peoria county. Judge Cochran presiding, who upon the request of the Trustees for the Bondholders appointed Mr. Allen Receiver. One of his first official acts thereafter was to petition the Court for authority to issue Receiver's Certificates for the protection of the legally preferred indebtedness, which was granted, and all such indebtedness, including arrearages to the employes of the road, was soon paid in full. The Receivership was a measure of protection to all interests involved, and the road thereby was quickly placed on its feet for business purposes.

The main offices of the road were in Pekin till 1876, when they were moved to Peoria. The shops, which are located in Pekin, have for many years, been in charge of Mr. R. F. Hurd, who has, with economy and distinguished ability, discharged the duties of his department. It may be stated that Mr. John S. Cook, the present Traffic Manager, has been identified with this property almost uninteruptedly since the trains first commenced running over the Illinois River Railroad in 1859. He is a well-known resident of Pekin and a man thoroughly identified with the interests of this county.

The operation of this road has been signally free from accidents, no passenger having been killed on its trains or the trains of its predecessor. The outcome of the present Receivership will probably be the incorporation of the property into one of the longer roads it intersects, of which it must form a valuable addition.

Chicago, Alton & St. Louis Railroad

The Jacksonville branch of the Chicago Alton and St. Louis Railroad, which runs from Bloomington through this county to Jacksonville, is the outgrowth of the old Tonica & Petersburgh Railroad. This road, as its name suggests, was chartered, Jan. 15, 1857, to run from Tonica, through Tazewell county, to Petersburgh and Jacksonville. The county voted to bond itself for $100,000 in aid of the road, but work progressed very slowly. After building the line from Jacksonville to Petersburgh work stopped, and the whole thing came to a stand-still. Finally the C, A. & St. L. people offered to advance money to complete the road, if the company would allow it to run to Bloomington, thus making it a feeder of their main line. The proposition was accepted, and the road was completed in 1868. While it is controlled by the C, A. & St. L. Company, a separate organization is still kept up. Its charter will allow the extension of the road from Jacksonville in a northeast direction indefinitely through the State, and it is said to be the only railroad charter with such indefinite privileges. It was drawn up by Richard Yates. The Directors mentioned in the charter are as follows : Albert Reynolds, Elijah N. Farnsworth, Jesse Hammers, Josiah Sawyer, Henry R. Green, John Bennett, Wm. G. Green, William Crow", and Richard Yates. George Straut, formerly of Delavan, is now the President of the road.

Pekin, Lincoln & Decatur Railway

No other of the several railroads traversing this county seem so closely identified with the interests and history of Tazewell county as the P., L. & D. It is a road in which every one takes a commendable local pride. While they love to see all of their roads prosperous, more especially do they desire to see this road weather the storms of hard times, and successfully encounter the struggles incident to new corporations. There are feelings of a peculiar nature ; ties of kindred sympathy that bind the good will and interest of the people to the P., L. & D., and, we believe, deservedly so. The present management of the road has successfully guided it over the critical period of its history and placed it upon a solid footing. The first charter for the road was obtained in 1867. The charter members were B. S. Prettyman, Ties Smith, Peter Wevhrich, R. B. Latham, A. M. Miller, John Wyatt, M. Wemple, J. F. D. Elliott, S. C. Beau, Henry B. Durfee, and Lu])er Burrows. The first officers were : President, B. S. Prettyman ; Vice-President, R. B. Latham; Secretary, A. M. Miller; Treasurer, J. F. D. Elliott.

The roadway w^as first surveyed by J. Edward Baring in 1867, He followed the line indicated at first in the charter, and the one upon which the organization was based. The final location of the road, however, varied from the original survey as the necessities of the location required. Soon an interest began to be manifested by the people along the line of the proposed road. Meetings were held and the people grew very enthusiastic over it. So zealous w^ere the people at Delavan, and so anxious were they to secure the road for their town, that all the lots it touched passing through were freely given. A prominent man there, who grew over-zealous, perhaps, said he would give the company the right of w^ay to run through his library if they wanted to. Elections were held along the line for the purpose of voting for or against subscribing to the road. In this county the result of these elections were : Pekin voted $75,000 ; Delavan, $50,000; and Tazewell county, $100,000. In Logan county it was voted upon to give $300,000, but the measure was defeated by 17 ballots. In November, 1867, another election was held, and the proposition carried. The county authorities refused to issue the bonds, however, and it was finally compromised by the issue of $150,000 of bonds to the company. Macon county gave $100,000.

In the spring of 1869, the Directors advertised for bids for the construction of the road. After holding a succession of meetings, and considering propositions from various parties, the contract was finally awarded to a company known as the Pekin Railway Construction Company. This company, which consisted of Teis Smith, C. R. Cummings, G. R. Cobleigh, Peter Weyhrich, Bergstresser & Gill, and D. C. Smith, commenced work in September of the same fall (1869). The construction company elected Teis Smith, President ; G. R. Cobleigh, Secretary and Superintendent ; and Peter Weyhrich, Treasurer. The idea of organizing this company originated in the mind of Mr. Cobleigh. Several of the gentlemen who afterwards composed the company, were on their road to Lincoln to attend a railroad meeting, when it occurred to Superintendent Cobleigh that if any set of men could profitably construct that road they certainly could. He proposed to his companions to form a company and take the contract for building it. This they regarded as a happy thought, and heartily entered into the enterprise, and the company was formed, and the road successfully built by it.

The company claimed the right and privilege of locating the road, and for this purpose employed Mr. Edward Powers as chief engineer. Under him the line was re-located. He had charge of the work until the spring of 1870, when B. C. Smith, the construction company's engineer, was appointed chief engineer, and continued in charge until the road was completed. Grading through Tazewell county was completed early in the year 1870; the first work on the road being done in 1869, between Pekin and Delavan. The contractors made contracts in England for iron sufficient to lay the track through this county ; owing to unavoidable delay, however, the iron did not reach Pekin until the latter part of August. The people along the line were growing anxious for the completion of the road, but the unflagging energy with which the contractors pushed the work, and the character and standing of the men in charge, plainly told them that no unnecessary delay would be made. On the arrival of the iron, track laying was vigorously commenced, and that jxirt of the road between Pekin and Delavan was completed that fall. That portion of the road was then operated by the construction company for passenger and freight traffic. The first engine was purchased in Chicago by Mr. Cobleigh.

Early in the spring of 1871, work was again commenced, and as fiist as track was laid, trains for the accommodation of the public were run, and so considerable was the traffic that it was evident the enterprise would be a paying one. In 1871 the road was leased to the Toledo, Wabash & Western Railway Company ; lease to take affect upon the completion of the road by the contractors. The road was completed to Decatur on the 6th day of October, 1871. Mr. Cobleigh, the present General Superintendent, had entire charge of the construction of the road, and the management of the trains. By his request the contract for grading was sub-let. In making the sub-contracts, the Construction Company reserved the privilege of paying the laborers before giving sub-contractor any money. The reason for this was, at that time many roads were being constructed, and the sub-contractors would not pay their laborers, thereby swindling poor men, and bringing the road into disrepute. To avoid this, Mr, Cobleigh in person paid every laboring man in this branch of the work, and also matle every pavment in the construction of the road througout. He also did nearly all of the purchasing, and it seems remarkable that one man could attend to so much, and perform his work so well as he did, during the building of P., L. & D. Railway.

The T., W. & W. Ry., ran the road for four and a half years. The road was mortgaged for $16,000 per mile, and the lease held by the T., W. & W., required them to pay the interest on this indebtedness, and to maintain the road. In the spring of LSTG, the T. W. & W., being behind about two years in the payment of interest, the bondholders foreclosed the mortgage and sold the road. It was bid in by them for $500,000, and re-organized as the Pekin, Lincoln & Decatur Railway Company. C. R. Cummings was chosen President ; J. B. Cohrs, Secretary ; R. A. Bunker, Treasurer, and John S. Cook, General Manager. The road Avas operated under this management until the fall of 1878. Mr. Cook resigned as General Manager, when that office was abolished, and G. R. Cobleigh aj)- pointed Gen. Superintendent, Avhich position he now holds. Before the time of his electiod to his ])resent position, which was Dec. 1, 1878, Mr. Cobleigh was Purchasing Agent and Supt. of Track. The present officers of the road are, President, C. R. Cummings ; Secretary, J. B. Cohrs ; General Superintendent, G. R. Cobleigh ; Treasurer, R. A. Bunker; General Freight Agent, G. L. Bradbury; General Ticket Agent, L. M. Rupert.

The P., L. & D., extends from Pekin to Decatur, a distance of 68 miles. It has a lease, however, of the Peoria & Springfield Road, running from Pekin to Peoria, Avhich it operates and controls all roads running over it, and makes the time-cards. These roads are, besides their own, the I., B. & W., and the C, P. & S. W. It connects at Decatur Avith roads running south, east and Avest. The road-bed is good, well drained, level and uniform. The rollingstock is first-class ; conductors, agents and employes accommodating and courteous, and the general management is all that could be desired by the public, employes and stockholders.

Columbus R. Cummings, President of the P., L. & D. Railway, is the son of James P., and Clarissa (Wilson) Cummings. He Avas born in St. Lawrence county, N. Y., Oct. 14, 1834. He came to Chicago, Ills., in 1853, and entered a mercantile house as clerk and in the fall of 1859, came to Pekin, Avhere he embarked in the dry goods business in company with his brother, C. B. Cummings. Since his advent into Tazewell county, ]Mr. C, has been actively identified with all the leading; enterprises of the county. He was married June 26, 1862, to Miss Sarah C. Mark, daughter of David Mark, an early settler of this county. President Cumniings has served the citv of Pekin as Mayor, and is an honorable citizen and a judicious railroad man.

Gordis R. Coblcigh, General Superintendent of this road, and whose portrait will be found in this volume, was born in Lisbon, X. H., Dec. 22, 1838. He is the sou of Royal E., and Mercy (Yilas) Cobleigh. His mother was a native of Vermont, his father of Xew Hampshire. The latter died when the subject of this sketch was ten years old, and since that time he has been obliged to look out for himself. It took all the money he had to get out West, and he started here with absolutelv nothina:, and he is one of the most respected men of the county and has acquired considerable property. He came to this county Dec. 19, 1856, and taught school for two winters, and worked on a farm in summers. In the fall of 1859, he entered the mercantile trade at Pekin, in company with H. Montgomery. He continued in this, the grocery business, for about two years, Avhen, in 1862, he entered a wholesale grocery house in Chicago as book-keeper. We find him next in Peoria, actively engaged in the commercial business, where he remained until 1864, when he came to Pekin and embarked in the dry goods business in company with C. B. Cummings. He continued in this line for eight years, when he commenced railroading, wliich business he has since continued to follow, and his labors are mentioned above in this article. He is a judicious railroad man and keeps in view the accommodation of the general public as well as the interests of the stockholders. He is esteemed by all the employes and has the best wishes of the community. In 1864, Feb. 25, he was united in marriage with Mary V. Smith. Their children number five, only three of whom are living, tw(» having crossed the Jordan of Death. The names and dates of births of children are as follows: Royal E., born April 23, 1865, died Nov. 4, 1865; Francis A., born April 10, 1867; William S., born Aug. 30, 1868; Gordis R., jr., born July 7, 1870, died Xov. 24, 1873; Mary Y., born March 2, 1875. Sui)t. Cobleio;h has served as Alderman of the citv of Pekin for three terms, and at present represents the fourth ward in the City Council. He was Enrolling Officer in 1863 for recruiting for the U. S. army, and Postmaster in Peoria county. He is a Universalist in religious belief, and politically a Republican. Residence, corner of Colt and Washington streets, Pekin.

Toledo, Peoria & Warsaw R. R.

One of the principal arteries by which the produce of the Xorthwest is transported to the seaboard, is the T., P. & W. R. R. Under its present able management it has taken rank with the greater lines of our countiy. Its road-bed is level, well ironed and smooth.

The T,, P. & W. was formerly the eastern extension of the Peoria & Oquawka road, which was constructed in about 18(30. It was changed to the T., P. & AV. in about 18G4, and in February, 1875, was given into the hands of A. I^. Hopkins, as Receiver, who is one of the ablest railroad men in the United States. The road crosses the Illinois river at Peoria, runs through Fond du Lac and AVashington townships, passing througli the city of A\ ashington. There are 16 miles of this road in Tazewell county.

Illinois Midland

This is a consolidation of the Peoria, Atlanta & Decatur and the Paris & Decatur Railroads. The road was constructed in 1872. Its line extends from Terrc Haute, Ind., to Peoria, 111., a distance of 176 miles. There are more miles of this road in Tazewell county than any of its other seven roads. It leaves Peoria, entering the county at Fond du Lac, running diagonally through Morton, touching Tremont, passing south through Mackinaw, Little Mackinaw and Hittle. There are 29 miles of track in this county, of the Illinois Midland, valued at §57,000.

The Chicago, Pekin & Southwestern Railroad

The C, P. & S. AV. R. R. Co. is the successor of the Chicago & Plainiield Railroad Company. The first charter of the C. ct P. R. R. Co. was approved Feb. 24, 1859. The corporators named therein being Lyman Foster, I). AV. Cropsy, K. J. Hammond, G. AV. Bradley, John Moore, John Letsey, A. K. Wheeler, AVm. Thurber and Benj. Pickertson. They were empowered to lo(;ate and construct a railroad from Chicago, by way of Plainfield, to or near Ottawa. Afterwards, on th(> 25th of Feb., 18(37, an amendment was approved to the charter, which jirovided that said company be allowed "to extend their line of railroad from some eligible point therein near the southern line of Kendall county, thence southwesterly into the county of Peoria." Again, on the 29th of March, 18(59, an amendatory act was passed to the above charter, providing "that said corj)oration, heretofore known as the 'Chicago and Plainfield Railroad Company,' shall hereafter be known and called the 'Chicago, Plainfield and Pekin Railroad Company,' " and in this act it was provided that the said company have the right to locate and build their line of road through Groveland township, Tazewell county, to Pekin, and that it should be authorized and empowered to receive subscrij)tions and donations to aid in the construction of said road, and also to borrow money and to issue bonds to the extent of ^i^l 5,000 jK'r mile, to obtain funds to construct and equip the line. April 19, 1869, the name was again changed to the present one.

June 29, 1869, and consisted of B, S. Prettyman, P. Weyhrich, George Greigg, C. R. Cummings, John M. Dougherty, W. A. Ross,- B. H. Harris, C. Sharp, H. R. Kiff, J. R. T. Overholt, J. Dievenbaugh, E. T. Pierce, and R. Clark. The first contract for building the road was made between the C. & P. Co. and Richard P. Morgan, who was afterwards joined by E. T. Pierce. This contract was declared forfeited by the first Board of the C, P. & S. W. Railroad Co., and another contract entered into by said Board and Messrs. Roderick Clark of LaSalle Co., Cragie Sharp, of AVoodford Co. and Edgar T. Pierce, of LaSalle Co. Pierce, Clark and Sharp did some grading on the line and purchased some materials but became cramped and embarrassed in the work and failed.

On April 14, 1871, the contract of Pierce, Clark & Sharp was, with consent of all parties interested, transferred to Col. Ralph Plumb, of Streator, in order to more vigorously prosecute the work. On June 29th, 1871, on the resignation of R. Clark, F. E. Hinckley was elected a member of the Board of Directors. On Jan. 9, 1872, F. E. Hinckley was elected President and F. Plumb, Secretary. From the last date forward the work was prosecuted with vigor rnd determination and results began to show, although hindered and harrassed by litigation caused by former mismanagement. On Dec. 18, 1872, the contractor. Col. Plumb, announced to the Board of Directors that the track was laid from Streator to Pekin, 64 miles, and a few days later, Jan. 6, 1873, that portion of the road was opened for business, and continued to be operated between these points until Feb., 1876, when an extension of the road from Streator to Mazon river was turned over by the contractor to the company, and by the acquirement of a few miles of road from the Mazon river to JoHet the C, P. & S. W. R. R. now have a short direct line from Pekin to Joliet, with mutual running arrangements with the Chicago & Alton R. R., forming a through Chicago line.

Francis E. Hinckly has remained President of the road since his election in 1871, and has managed the property vigorously, and through this and other roads under his management, acquired a high reputation as a skillful railroad manager. The road has been thoroughly equipped with freight cars, coaches and engines, and the business developed and encouraged.

The Superintendent of this road, Mr. D. H. Conklin, is located at Streator. He is a railroad man of thorough experience and intelligence. He is a telegraph operator, and can watch the running of his trains at all points, and is always ready, when necessity requires, to run an engine over the road, or conduct a freight train. P. B. Shumway, the General Freight Agent, is a man of ability and shrewdness, and alive to the necessities of the business of the road in that department. B. T. Lewis is at the head of the passenger department, and although a young man, has had much experience in railroading, and displays an ability and tact fitting him for the responsible position. The general offices of the company are located at Chicago.

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

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

Jurisdiction Of Courts

Justices have jurisdiction in all civil cases on contracts for the recovery of moneys for damages, for injury to real property, or taking, detaining, or injuring personal property; for rent; for all cases to recover damages done to real or personal- property, by railroad companies; in actions of replevin; of actions for damages for fraud; in the sale, purchase, or exchange of personal property, when the amount claimed as due is not over $200. They have also jurisdiction in all cases for violation of the ordinances of cities, towns, or villages. A justice of the peace may orally order an officer or a private person, to arrest any one committing, or attempting to commit a criminal offense. He also, upon complaint, can issue his warrant for the arrest of any person accused of having committed a crime, and have him brought before him for examination.

County Courts

Have jurisdiction in all matters of probate (except in counties having a population of one hundred thousand or over ), settlement of estates of deceased persons, appointment of guardians and conservators, and settlements of their accounts; all matters relating to apprentices; proceedings for the collection of taxes and assesments, and in proceedings of executors, administrators, guardians, and conservators, for the sale of real estate. In law cases, thej have concurrent jurisdiction with Circuit Courts in all cases where justices of the peace now have, or hereafter may have, jurisdiction when the amount claimed shall not exceed $1,000; and in all criminal offenses, where the punishment is not imprisonment in the penitentiary or death, and in all cases of appeals from justices of peace and police magistrates, except when the county judge is sitting as a justice of the peace.

Commissioners Of Highways

The commissioners of hiffhwavs in the different towns, have the care and superintendence of highways, and bridges therein. They have the power to lay out, vacate, regulate and repair all roads, build and repair bridges, and divide their respective towns into as many road districts as they shall think convenient. ' This is to be done annually, and ten days before the annual town meeting. In addition to the above, it is their duty to erect and keep in repairs at the forks or crossing-place of the most important roads, post and guide-boards, witli plain inscriptions, giving directions and distances to the most noted places to which such roads may lead; also to make provisions to prevent thistles, burdock, cockle-burs, mustard, yellow dock, Indian mallow, and jimson weed from seeding, and to extirpate the same as far as practicable, and to prevent all rank growth of vegetation on the public highways, so far as the same may obstruct public travel; and it is in their discretion to erect watering places for public use, for watering teams at such points as may be deemed advisable. Every able-bodied male inhabitant, being above the age of twenty-one years, and under fifty, excepting paupers, idiots, lunatics, trustees of schools and school directors, and such others as are exempt by law, are required to labor on highways in their respective road districts, not less than one, nor more than three days in each year. Three days' notice must be given by the overseer, of the time and phxce he requires such road labor to be done. The labor must be performed in the road district in which the person resides. Any person may commute for such labor by paying the equivalent in money. Any person liable for work on highways, who has been assessed two days or more, and has not commuted, may be required to furnish team, or a cart, wagon or plow, with a pair of horses or oxen and a man to manage them, for which he will be entitled to two days' work. Eight hours? is a days' work on the roads and there is a penalty of twenty-five cents an hour against any person or substitute who shall neglect or refuse to perform. Any person remaining idle, or does not work faithfully, or hinders others from doing so, forfeits to the town $2, Every person assessed and duly notified, who has not commuted, and refuses or neglects to appear, shall forfeit to the town for every day's refusal or neglect, the sum of $2; if he was required to furnish a team, carriage, man or implements, and neglects or refuses to comply, he is liable to the following fines: 1st, For wholly failing to comply, $4 each day; 2d, For omitting to furnish a man to manage team, $2 each day; 3d, For omitting to furnish a pair of horses or oxen, §1.50 each day; 4th, For omitting to furnish a wagon, cart or plow, 75 cents each day. The commissioners estimate and assess the highway labor and road tax. The road tax on real and personal property can not exceed forty cents on each hundred dollars' worth. The labor or road tax in villaires, towns or cities, is paid over to the corporate authorities of such, for the improvement of streets, roads and bridges within their limits.

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

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

As all township and county officers are familiar with their duties, it is here intended only to give the points of law with which the public should be familiar. The manner of laying out, altering, or vacating roads, etc., will not be here stated, as it would require more space than can be spared in a work like this. It is sufficient to state that the first step is by petition, addressed to the commissioners, setting out what is prayed for, giving the names of the owners of the lands, if known (if not known, so state), over which the road is to pass, giving the general course, its place of beginning, and where it terminates. It requires not less than twelve freeholders residing within three miles of the road, who shall sign the petition. Public roads must not be less than fifty, nor more than sixty feet wide. Koads not exceeding two miles in length, if petitioned for, may be laid out not less than forty feet wide. Private roads for private and public use may be laid out three rods wide, on petition of the person directly interested; the damage occasioned thereby shall be paid by the premises benefited thereby, and before the road is opened. If n-ot opened in two years, the order shall be considered recinded. Commissioners in their discretion may permit persons who live on or have private roads, to work out their road tax thereon. Public roads must be opened in five years from date of filing order of location, or be deemed vacated.

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

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

Division fences shall be made and maintained in just proportion by the adjoining owners, except where the owner shall choose to let his land lie open ; but after a division fence has been built by mutual agreement or otherwise, it shall not be lawful for either party to remove his part of said fence, so long as he may crop or use such lands for farm purposes, or without giving the other party one year's notice in writing, of his intention to move his portion of the fence. Adjoining owners sliould endeavor, if possible, mutually to agree as to the proportion that each sha,ll maintain of the division fence between their adjoining lands; and the agreement should be reduced to writing, each party taking a copy. When any person shall enclose his land upon the enclosure of another, he shall refund the owner of the adjoining lands a just proportion of the value at that time of such fence. The value of such fence, and the proportion thereof to be paid by such person, and the proportion of the division fence to be made and maintained by him, in case of his inclosing his land, shall be determined by two fence viewers of the town. Such fence viewers have power to settle all disputes between owners as to fences built or to be built, as well as concerning repairs to be made. Each party chooses one of the viewers, but if the other party neglects, after eight days' notice in writing, to make his choice, then the other party may select both. It is sufficient to notify the tenant, or party in possession, when the owner is not a resident of the town in which such fences are situated. The two fence viewers chosen, after viewing the premises, shall hear the statements of the parties. In case they can't agree, they shall select another fence viewer to act with them, and the decision of any two of them shall be final. The decision must be reduced to writing, and should plainly set out a description of the fence and all matters settled by them, and must be filed in the office of the town clerk.

If any person who is liable to contribute to the erection or reparation of a division fence, shall neglect or refuse to make or repair his proportion of such fence, the party injured,after giving sixty days' notice, in writing, that a new fence should be erected, or ten days' notice, in writing, that the repair of such fence is necessary, may make or repair the same at the expense of the party so neglecting or refusing, to be recovered from him with costs of suit; and the party so neglecting or refusing, after notice in writing, shall be liable to the party injured for all damages which shall thereby accrue, to be determined by any two fence viewers. When a person shall conclude to remove his part of the division fence and let his land lie open, and havihg giv^en the year's notice required, the adjoining owner may cause the value of said fence to be asQertained by fence viewers as before provided ; and on payment or tender of the amount of such valuation to the owner, it shall prevent the removal.

T48 Digest Of State Laws

Where a fence has been built on the land of another through mistake, the owner may enter upon such premises and remove his fence and material within six months after the division line has been ascertained. Where the material to build such a fence has been taken from the land on which it was built, then before it can be removed, the person claiming must first pay for such material, to the owner of the land from which it was taken ; nor shall such a fence be removed at a time when the removal will throw open or expose the crops of the other party; a reasonable time must be given beyond the six months to remove crops.

The compensation of fence viewers is one dollar and fifty cents a day each, to be paid in the first instance by the party calling them; but in the end all expenses, including amount charged by the fence viewers, must be paid equally by the parties, except in cases where a part}' neglects or refuses to make or maintain a just proportion of a division fence, when the party in default shall pay them.

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

Dripping water from one house upon another can be allowed only where the owner has acquired the right by grant or prescription; and no one has a right to construct his house so as to let the water drip over his neighbor's land.

Trespass Of Stock

Where stock of any kind breaks into any person's inclostire, the fence being good and sufiicient, the owner is liable for the damage done; but where the damage is done by stock running at large, contrary to law, the owner is liable where there is not such a fence. Where stock is found trespassing on the inclosure of another as aforesaid, the owner or occupier of the premises may take possession of such stock and keep the same until damages, with reasonable charges for keeping and feeding, and all costs of suit, are paid. Any person taking or rescuing such stock so held, without his consent, shall be liable to a fine of not less than three nor more than five dollars for each animal rescued, to be recovered by suit before a justice of the peace, for the use of the school fund. Within twenty-four hours after taking such animal into his possession, the person taking it up must give notice of the fact to the owner, if known; or if unknown, notice must be posted in some public place near the premises.

Stray animals are those whose owner is unknown, any beasts, not wild, found on one's premises, and not owned by the occupant. Any animals found straying at any time during the year, in counties where such animals are not allowed to run at large, or between the last day of October and the 15th day of April in other counties, the owner being unknown, may be taken up as estraj's. A party who wishes to detain property as an estray, must show an exact compliance with the law. In order to vest the property of the stray in him, such acts must appear in detail on the record.

No person not a householder in the county where the estray is found can lawfully take up an estray, and then only upon or about his farm or place of residence. Estrays should not be used before advertised, except animals giving milk, which may be milked for their benefit. Notices must be posted up within five days in three, of the most public places in the town or precinct in which the estray was found, giving the residence of the taker-up, and a particular description of the estray, its age, color, and marks natural and artificial, and stating before what justice of the peace, in such town or precinct, and at what time, not less than ten nor more than fifteen days from the time of posting such notices, he will apply to have the estray apprised. If the owner of an estray shall not have appeared and proved ownership and taken the same away, first paying the taker-up his reasonable charges for taking up, keeping, and advertising the same, the taker-up shall appear before the justice mentioned in above notice, and make an afiidavit as required by law. All subsequent proceedings are before the justice who is familiar therewith; therefore we omit them here.

Any person taking up an estray at any other place than about or upon his farm or residence, or without complying with the law, shall forfeit and pay a fine of ten dollars with costs. Ordinary diligence is required in taking care of estrays, but in case they die or get away, the taker-up is not liable for the same.

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

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

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

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

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

Marks Anb Brands

Owners of cattle, horses, hogs, sheep or goats, may have one earmark and one brand, which shall be different from his neiglibors', and may be recorded by the county clerk of the county in which such property is kept. The fee for such record is fifteen cents. The record of such shall be open to examination free, of charge. In cases of disputes as to marks or brands, such record is primafacie evidence. Owners of cattle, horses, hogs, sheep or goats, that may have been branded by former owners, may be rebranded in presence of one or more of his neighbors, who shall certify to the facts of the marking or branding being done, when done, and in what brand or mark they were re-branded or re-marked, which certificate may also be recorded as before stated.

Articles Of Agreement

An agreement is virtually a contract by which a certain person (or persons) agrees or contracts to perform certain duties within a specified time. Good business men alwa3's reduce an agreement to writing, which nearly always saves misunderstandings and long and expensive lawsuits. No particular form is necessary, but the facts must be clearly and explicitly stated ; and there must be a reasonable consideration, else the agreement is void.

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

General Form Of Agreement

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

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

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

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

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

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

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

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

No defense can be made against negotiable paper purchased before maturity for good consideration in the usual course of business, without knowledge of facts impeaching its validity, except fraud was used in obtaining the same. Thus if A gives his note to B for $15<), receives in consideration a shawl and live pieces of cloth. The former was represented to be worth §75, and the cloth the best imported English goods. When, in fact, the shawl was only worth $8, and suits made of the cloth wore out in less than six weeks, long before the note was due. B, however, had sold the note to C, who did not know the circumstances, and before it was due - A would be obliged to pay it.

Judgment Note

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

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

Interest

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

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

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

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

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

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

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

Every male person of the age of twenty-one years, and every female of the age of eighteen years, of sound mind, can make a valid will. It must be in writing, signed by the testator, or by some one in his or her presence, and by his or her direction, and attested by two or more credible witnesses. Care should be taken that the witnesses are not interested in the will.

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

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

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

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

Notice requiring all claims to be presented against the estate shall be given by the administrator within six months after being qualified. Any person having a claim and not presenting it at the time fixed by said notice, is required to have summons issued notifying the executor of having filed his claim in court. Claims should be filed within two years from the time administration is granted on an estate, as after that time they are forever barred, unless other estate be found that was not inventoried. Married women, infants, persons insane, imprisoned, or without the United States, in the employment of the United States, or of this State, have two years after their disabilities are removed to file claims. Claims are classified and paid out of the estate in the following manner:

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

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

7tli. All other debts and demands of whatsoever kind, without regard to quality or dignity, which shall be exhibited to the court within two years from the granting of letters.

The widow, if she elects, may have in lieu of the said award, the same personal property or money in place thereof as is or may be exempt from execution or attachment against the head of a family.

General Fokm Of Will For Real And Personal Property

I, Samuel T. Lewis, of the city of Chicago, county of Cook, State of Illinois, being aware of the uncertainty of life, and in fulling health, but of sound mind and memory, do make and declare this to be my last will and testament, in manner following, to-wit:

Fh'st. I give, devise and bequeath to my oldest sou, P'ranklin M. Lewis, the sum of Four Thousand dollars of bank stock, now in the First National Bunk, Chicago, Illinois, and the farm owned by myself, in Ontario township, Knox county, Illinois, consisting of one hundred and sixty acres, with all the houses, tenements, and improvements thereunto belonging; to have and to hold unto my said son, his heirs and assigns, forever.

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

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

Fourth. I give to my wife, Trypliena Lewis, all ray household furniture, goods, chattels, and personal property, about my house, not hitherto disposed of, including ten thousand dollars in bank stock, in the First National Bank of Chicago, Illinois, fifteen shares in the Chicago, Rock Island & Pacific Railroad, and the free and unrestricted use, possession and benefits of the home farm, so long as she may live, in lieu of dower, to which she is entitled by law; said farm being my present place of residence.

Fifth. I bequeath to my invalid father, Samuel T. Lewis, Sr., the income from the rents of my store building, at Canton, Illinois, during the term of his natural life. Said building and land therewith revert to my said sons and daughters in equal proportions, upon the demise of my said father.

Sixth. It is also my will and desire, that at the death of my wife, Tryphena Lewis, or at any time she may arrange to relinquish her life interest in the above mentioned homestead, the same may revert to my above named children, or to the lawful heirs of each.

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

In witness thereof, I, Samuel T. Lewis, to this, my last will and testament, have hereunto set my hand and seal, this third day of March, eighteen hundred and seventy.

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

Codicil

"Whereas, I, Samuel T. Lewis, did, on the third daj of March, one thousand eight hundred and seventy, make my last will and testament, I do now, by this writing, add this codicil to my said will, to be taken as a part thereof.

Whereas, by the dispensation of Providence, my daughter Lida Louan, has deceased, November fifth, eighteen hundred and seventyfour, and, whereas, a son has been born to me, which son is now christened Charles Burchard Lewis, I give and bequeath unto him my gold watch, and all right, interest and title in lands and bank stock and chattels bequeathed to my deceased daughter Lida Louan, in the body of this will

Signed, sealed, published and declared to us by the testator, Samuel T. Lewis, as and for a codicil, to be annexed to his last will and testament. And we, at his request, and in his presence, and in the presence of each other, have subscribed our names as witnesses thereto, at the date hereof.

Descent

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

Second. Where there is no child, no descendant of such child, and no widow or surviving husband, then to the parents, brothers and sisters of the deceased, and their descendants, in equal parts, the surviving parent, if either be dead, taking a double portion; and if there is no parent living, then to the brothers and sisters of the intestate and their descendants.

Third. When there is a widow or surviving husband, and no child or children, or descendants of the same, then one-half of the real estate and the whole of the personal estate shall descend to such widow or surviving husband, absolutely, and the other half of the real estate shall descend as in other cases where there is no child or children, or descendants of the same.

Fifth. If there be no child, parent, brother or sister, or descendants of either of them, and no widow or surviving husband, then in equal parts to the next of kin to the intestate in equal degree. Collaterals shall not be represented except with the descendants of brother and sister of the intestate, and there shall be no distinction between kindred of the whole and the half-blood.

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

A deed is a sealed instrument in writing, conveying lands and appurtenances thereon from one person to another, and special care should be taken to have them signed, sealed, delivered and properly acknowledged, with the proper seal attached. Witnesses are not necessary. The law in this State provides that an acknowledgment must be made before certain persons authorized to take the same. These officers are: Master in Chancery, Notary Public^ Circuit or County Clerk, Justice of the Peace. United States Commissioner, or any Court of Hecord having a seal, or any Judge, Justice or Clerk of any such court. The instrument shall be attested by the official seal of the officer taking the acknowledgment, and when taken by a Justice of the Peace residing out of the county where the real estate to be conveyed lies, there shall be added a certificate of the County Clerk under his eeal of office, that he was a Justice of the Peace in the county at the time of taking the same. A deed is good without such certificate attached, but cannot be used in evidence unless such a certificate is produced or other competent evidence introduced. Acknowledgments made out of the State must either be executed according to the laws of this State, or there should be attached a certificate that is in conformity with the laws of the State or country where executed. Where this is not done the same may be proved by any other legal way. Acknowledgments where the Homestead rights are to be waived must state as follows: " Including the release and waiver of the right of homestead."

To sender a deed valid, there must be a sufficient consideration. To enable a person to legally convey property to another, the following requisites are necessary: 1st, he or she must be of age; 2d, must be of 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 slightest alterations. An alteration after the acknowledgment in favor of the grantee vitiates the deed. The maker of a deed is called the "grantor;" the person or party to whom the deed is delivered, the " grantee." The wife of the grantor must ackowledge the deed, or else, after the death of her husband, she will be entitled to one-third interest in the property, as dower, during her life. Her acknowledgment of the deed must be of her own free will and accord.

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

Mortgages And Trust Deeds

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

Mortgages of personal property need not be under seal. In the absence of stipulation to the contrary, the mortgagee of personal property has the legal title thereto, and the right of 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 mortgagee may nevertheless sustain trover against an officer attaching the goods as the property of the mortgagor.

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

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

Trust Deeds

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

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

Any person who shall by contract, expressed or implied, or partly both, with the owner of any lot or tract of land, furnish labor or material, or services as an architect or superintendent, in building, altering, repairing, or ornamenting any house, or other building or appurtenance thereto on such lot, or upon any street or alley, and connected with such improvements, shall have a lien upon the whole of such lot or tract of land, and upon such house or building and appurtenances for the amount due him for labor, material or services. If the contract is expressed, and the time for the completion of the work is beyond three years from the commencement thereof; or, if the time of payment is beyond one year from the time stipulated for the completion of the work, then no lien exists. If the contract is implied, then no lien exists, unless the work be done, or material furnished, within one year from the commencement of the work or delivery of the material. As between different creditors having liens, no preference is given to the one whose contract was made first; but each shares pro rata. Incumbrances existing upon the lot or tract of the land at the time the contract is made do not operate on the improvements, and are only preferred to the extent of the value of the land at the time of makino; the contract. The above lien cannot be enforced unless suit is commenced within six months after the last payment for labor or materials shall have become due and payable. Sub-contractors, mechanics, workmen, and other persons furnishing any material, or performing any labor for a contractor, as above specified, have a lien to the extent of the amount due the contractor at the time the following notice was served upon the owner of the land who made the contract: and substantially the nature of the demand] upon your [here state m general terms description and situation of building], and that I shall hold the [building, or as the case may be], and your interest in the ground liable for the amount that may [is or may become] due me on account thereof. [Signature] .

If there is a contract in writing between contractor and sub-contractor, a copy of it should be served with the above notice, and such notice must be served within forty days from the completion of such sub-contract, if there is one; if not, then from the time payment should have been made to the person performing the labor or furnishing the material. If the owner is not a resident of the county, or cannot be found therein, then the above notice must be filed with the Clerk of the Circuit Court, 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 sufficient to pay such claim; if more than one claim, and not enough to pay all, they are to be paid pro rata.

The owner has a right to demand in writing a statement of the contractor, of what he owes for labor, etc., from time to time as the work progresses.

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

Hotel, inn and hoarding -house keejyers have a lien upon the baggage and other valuables of their guests or boarders brought into such hotel, inn, or boarding-house, by their guests or boarders for the proper charges due from such guests or boarders for their accommodation, board and lodging, and such extras as are furnished at their request.

Stahle-heepers and other persons have a lien upon the horses, carriages and harness kept by them for the proper charges due for the keeping thereof, and expenses bestowed thereon at the request of the owner, or the person having the possession of the same.

Agisters (jiersons who take care of cattle belonging to others) and persons keeping, yarding, feeding, or pasturing domestic animals shall have a lien upon the animals agistered, kept, yarded or fed for the proper charges due for such service.

All persons who may furnish any railroad corporation in this State with fuel, ties, material, supplies, or any other article or thing necessary for the construction, maintenance, operation or repair of its road by contract, or may perform work or labor for the same, are entitled to be paid as part of the current expenses of the road, and have a lien upon all its property. Sub-contractors or laborers have also a lien. The conditions and limitations, both as to contractors and to sub-contractors, are about the same as herein stated, as to general liens.

Bill Of Sale

A bill of sale is a written agreement to another party for a consideration to convey his right and interest in the personal property. The purchaser must take actual possession of the property. Juries have power to determine upon the fairness or unfairness of a bill of sale.

Common Form Of Bill Of Sale

Know All Men by this instrument, that I, B. F. Lewis, of Chicago, Illinois, of the first part, for and in consideration of six hundred and fifty dollars, to me paid by Columbus C. Chapman, Astoria, Illinois, of the second part, the receipt whereof is hereby acknowledged, have sold, and by this instrument do convey unto the said Chapman, party of tlie second part, his executors, administrators, and a-signs, my undivided half of ten acres of corn on my farm in the town of Deer Creek, Illinois ; one pair of horses, twenty sheep, and five cows, belonging to me, and in my possession at the farm al'oresaid; to have and to hold the same unto the party of the second ]:>art, his executors and assigns, forever. And I do, for myself and legal representatives, agree with the said party of the second part, and his legal representatives, to warrant and defend the sale of the aforementioned property and chattels unto the said party of the second part, and his legal representatives, against all and everv person whatsoever.

Days Of Grace

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

Limitation Of Action

The limit of time in which action may be brought on certain things is as follows: Open accounts, five years; notes and written contracts, ten years; judgments, twenty years; partial payments or new promise in writing, within or after said period, will revive the debt; absence from the State deducted, and when the cause of action is barred by the law of another State, it has the same efiect here; assault, slander, libel, replevin, one year; personal injuries, two years; to recover land or make entry thereon, twenty years; and sealed and witnessed instruments, as action to foreclose mortgage or trust deed, within ten years. All persons in possession of land, and paying taxes for seven consecutive years, with color of title, and all persons paying taxes for seven consecutive years, with color of title, on vacant land, shall be held to be the legal owners to the extent of their paper title.

Exemptions From Forced Sales

The following personal proiJerty and home worth $1,000, - Lot of ground and buildings thereon, occupied as a residence by the debtor, being a householder and having a family, to the value of $1,000. Exemption continues after the death of the householder for the benefit of the widow and family, some of them occupying the homestead until the youngest shall become twenty-one years of age, and until the death of the widow. There is no exemption from sale for taxes, assessments, debt or liability incurred for the purchase or improvement of said homestead. No release or waiver of exemption is valid unless in writing and subscribed by such householder and wife (if he has one), and acknowledged as conveyances of real estate are required to be acknowledged.

The following articles of personal property owned by the debtor are exempt from execution, writ of attachment, and distress for rent: The necessary wearing apparel. Bibles, school-books and family pictures of every person; and one hundred dollars' worth of other property, to be selected by the debtor, and in addition, when the debtor is the head of a family and resides with the same, three hundred dollars' worth of other property to be selected by the debtor, - provided that such selection and exemption shall not be made h^ the debtor or allowed to him or her from any money, salary or wages due him or her from any person or persons or corporations whatever. When the head of the family dies, deserts, or does not reside with the same, the family shall be entitled to and receive all the benefit and privilege which are by this act conferred upon the head of a family residing with the same. No personal property is exempt from exe- cntion when judgment is obtained for the loages of laborers or servants. Wages of a laborer who is the head of a family cannot be garnisheed except for the sum due him in excess of $25.

Landlords And Tenants

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

A tenancy from year to3^ear requires sixty days' notice in writing to terminate the same at the end of the year; snch notice can be given at any time within four months preceding the last sixty days of the year.

A tenancy by the month, or less than a year, where the tenant holds over without any special agreement, the landlord may terminate the tenancy by thirty days' notice in writing.

When rent is due, the landlord may serve a notice upon the tenant, stating that unless the rent is paid within not less than live days, his lease will be terminated; if the rent is not paid, the landlord may consider the lease ended. When a default is made in any of the terms of the lease, it shall not be necessary to give more than ten days' notice to quit or of the termination of such tenancy; and the same may be terminated on giving such notice to quit, at any time after such default in any of the terms of such lease; which notice may be substantially in the following form: default [here insert the character of the default], of the premises now occupied by you, being, etc., [here describe the premises], I have elected to determine your lease, and you are hereby notified to quit and deliver up ])ossession of the same to me within ten days of this date [dated, etc].

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

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

Distress 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. Tiie property of any other person, even if found on the premises, is not liable.

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

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

When a tenant abandons or removes from the premises, or any part thereof, the landlord, or his agent or his attorney may seize upon any grain or crops grown or growing upon the premises, or part thereof so abandoned, whether the rent is due or not. If such grain or other crops, or any part thereof, is not fully grown or matured, the landlord, or his agent or attorney shall cause the same to be properly cultivated, harvested or gathered, and may sell the same, and from the proceeds pay all his labor, expenses and rent. The tenant may, before the sale of such property, redeem the same

Exemption

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

If any tenant is about to, or shall permit, or attempt to sell or remove from the premises, without the consent of his landlord, such portion of the crops raised thereon as will endanger the lien of the landlord upon such crops, for the rent, it shall be lawful for the landlord to distress before rent is due.

Criminal Law

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

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

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

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

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

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

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

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

T72 Digest Of State Laws

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

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

VIII. Offenses against piiblic policy - 1, false currency; 2, lotteries; 3, gambling; 4, immoral shows; 5, violation of the right of suffrage; 6, destruction of game, fish, etc.; 7, nuisance.

Assessments should be completed before the fourth Monday in June, at which time the Town Board of Review meets to examine assessments, hear objections, and make such changes as ought to be made. The County Board have also power to correct or change assessments.

The tax-books are placed in the hands of the Town Collector on or before the tenth day of December, who retains them until the tenth day of March following, when he is required to return them to the County Treasurer, who then collects all delinquent taxes.

ISTo costs accrue on real estate taxes until advertised, which takes place on the first day of April, when three weeks' notice is required ijefore judgment. Cost of advertising, twenty cents each tract of land, and ten cents each lot.

Judgment is usually obtained at the May term of County Court. Costs six cents each tract of land, and five cents each lot. Sale takes place in June. Costs, in addition to those mentioned, twen-

Eeal estate sold for taxes^may be redeemed any time before the expiration of two years from the date of sale by payment to the County Clerk of the amount for which it was sold, and twenty-five per cent, thereon if redeemed within six months, fifty per cent, if redeemed between six and twelve months; if between twelve and eighteen months, seventy -five per cent., and if between eighteen months and two ye/irs, one hundred per cent. ; and, in addition, all subsequent taxes paid by the purchaser, with ten per cent, interest thereon; also, one dollar each tract, if notice is given by the purchaser of the sale, and a fee of twenty-five cents to the Clerk for his certificate.

Subscription

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