USA > Illinois > Hancock County > History of Hancock County, Illinois, together with an outline history of the State, and a digest of State laws > Part 95
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DIGEST OF STATE LAWS.
therefrom by statute or the terms of the lease. The uninhabit- ableness 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, un- less 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 high- ways adjacent to them, or the like. One of the principal obligations which the law imposes upon every tenant, independent of any agree- ment, 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 negli- gent conduct on his part.
A tenancy from year to year requires sixty days' notice in writing to terminate the same at the end of the year; such notice can be given at any time within four months preceding the last sixty days of the year.
A tenancy by the month, or less than a year, where the tenant holds over without any special agreement, the landlord may termi- nate the tenancy by thirty days' notice in writing.
When rent is due, the landlord may serve a notice upon the ten- ant, stating that unless the rent is paid within not less than five days, his lease will be terminated; if the rent is not paid, the land- lord 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 :
To -- , You are hereby notified that, in consequence of your default [here insert the character of the default]. of the premises now occupied by you, being, etc., [here describe the premises], I have elected to determine your lease, and you are hereby notified to quit and deliver up possession of the same to me within ten days of this date [dated, etc].
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DIGEST OF STATE LAWS.
The above to be signed 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 prem- ises. 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 ten- ant that may be found in the county where the tenant resides. The property of any other person, even if found on the premises, is not liable.
An inventory of the property levied upon, with a statement of the amount of rent claimed, should be at once filed with some Justice of the Peace, if not over $200; and if above that sum, with the Clerk of a Court of Record of competent jurisdiction. Property may be released by a party executing a satisfactory bond for double the amount.
The landlord may distrain for rent any time within six months after the expiration of the term of lease, or when terminated.
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 mnatured, 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
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DIGEST OF STATE LAWS.
by tendering the rent and reasonable compensation for the work done, or he may replevy 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 self- evident; for a mistake in point of law, which every person of dis- cretion 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 refer- ence 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 com- mon law are applicable to the administration of the criminal law, and have not been altered or modified by legislation or judicial decisions, they have the same force and effect as laws finally enacted.
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DIGEST OF STATE LAWS.
The following are some of the leading principles of the criminal law:
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 en- titled to the benefit of the doubt.
2. In general, no person can be brought to trial till a grand jury on examination of the charge has found reason to hold him to trial.
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.
4. The question of his guilt is to be determined without reference to his general character, previous history, or habits of life.
5. The prisoner cannot be required to criminate himself, nor be compelled even to exculpate himself by giving his own testimony on trial.
6. He cannot be twice put in jeopardy for the same offense.
7. He cannot be punished for an act which was not an offense by the law existing at the time of its commission; nor can a serverer punishment be inflicted than was declared by the law at the time of its commission.
Crimes are sometimes classified according to the degree of pun- ishment 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 :
I. Offenses against the sovereignty of the State-1, treason; 2 misprision of treason.
II. Offenses against the lives and persons of individuals-1, murder; 2, manslaughter; 3, attempt to kill or murder; 4, may- hem; 5, rape ; 6, robbery : 7, kidnapping; 8, false imprisonment; 9, abduction; 10, assault and battery.
III. Offenses against public property-1, burning or destroying public property; 2, injury to same.
IV. Offenses against private property-1, arson; 2, burglary; 3, larceny; 4, obtaining goods under false pretenses; 5, embezzle- ment ; 6, malicious mischief.
V. Offenses against public justice-1, perjury; 2, bribery; 3, destroying public records; 4, counterfeiting public seals ; 5, jail breach; 6, cscape; 7, resistance to officers; 8, obstructing legal process ; 9, barratry; 10, maintenance; 11, champerty; 12, con-
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DIGEST OF STATE LAWS.
tempt of court; 13, oppression; 14, extortion; 15, suppression of evidence; 16, compounding felony; 17, misprision of felony.
VI. Offenses against the public peace-1, challenging or accept. ing a challenge to a duel; 2, unlawful assembly; 3, rows; 4, riot; 5, breach of the peace; 6, libel.
VII. 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 public policy-1, false currency; 2, lot- teries; 3, gambling; 4, immoral shows; 5, violation of the right of suffrage; 6, destruction of game, fish, etc .; 7, nuisance.
IX. Ofenses against the currency, and public and private securities-1, forgery; 2, counterfeiting; 3, passing counterfeit money.
X. Offenses against religion and morality-1, blasphemy; 2. profanity; 3, Sabbath-breaking; 4, obscenity; 5, cruelty to ani- mals; 6, drunkenness; 7, promoting intemperance.
XI. Offenses against the public, individuals, or their property -1, conspiracy.
TAXES.
The owners of real and personal property, on the first day of March of each year, are liable for taxes thereon.
Assessments should be completed before the fourth Monday in June, at which time the Town Board of Review meets to examine assessments, hear objections, and make such changes as ought to be made. The County Board have also power to correct or change assessments.
The tax-books are placed in the hands of the Town Collector on or before the tenth day of December, who retains them until the tenth day of March following, when he is required to return them to the County Treasurer, who then collects all delinquent taxes.
No costs accrue on real estate taxes until advertised, which takes place on the first day of April, when three weeks' notice is required before judgment. Cost of advertising, twenty cents each tract of land, and ten cents each lot.
Judgment is usually obtained at the May term of County Court. Costs six cents each tract of land, and five cents each lot. Sale takes place in June. Costs, in addition to those mentioned, twen-
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DIGEST OF STATE LAWS.
ty-eight eents each tract of land, and twenty-seven cents each town lot.
Real estate sold for taxes may be redeemed any time before the expiration of two years from the date of sale by payment to the 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 years, one hundred per cent. ; and, in addition, all subsequent taxes paid by the purchaser, with ten per cent. interest thereon; also, one dollar each tract, if notice is given by the pur- chaser of the sale. and a fee of twenty-five eents 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.
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 concur- rent that the publisher shall publish the book named, and deliver the same, for which the subscriber is to pay the price named. The prospectus and sample should be carefully examined before sub- scribing, 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 sub- scriptions 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
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DIGEST OF STATE LAWS.
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 condi- tions in favor of the party subscribing, are binding when the acts stipulated are performed. Subscription is in the nature of a con- tract of mutual promises. All persons should remember that the law as to written contracts is, that they can not be 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 sub- scription is made is not admissible as evidence, and is no part of the contract. Persons before signing their names to any subscrip- tion book, or any written instrument, should carefully examine what it is; if they cannot read, they should call on some one dis- interested who can.
Persons who solicit subscriptions are known to the trade as can- vassers. 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.
Where you pay money to an agent you should satisfy yourself of his authority to collect money for his employer.
CONTRACT FOR PERSONAL SERVICES.
When a contract is entire and has been only partially fulfilled, the party in fault may nevertheless recover from the other party for the actual benefit received and retained by the other party, less the damages sustained by such other party by reason of the partial non-fulfillment of the contract. This may be done in all cases where the other party has received benefit from the partial fulfill- ment 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
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DIGEST OF STATE LAWS.
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, made without malice, to the proper authority, complaining on reasonable grounds. The nearest approach to this license is where the person vilified presents himself before the body of the public as a candidate for an elective office. But even then there is no doctrine which will sub- ject him without remedy to every species of malevolent attack.
TENDER.
If the tender be of money, it can be a defense only when made before the action was brought. A tender does not bar the debt as a payment would, for in general he is bound to 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 person- ally; if made by a third person, at his request, it is sufficient; and if made by a stranger without his knowledge or request, a subse- quent 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
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DIGEST OF STATE LAWS.
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 offers it. No conditions must be annexed to the tender, which the creditor can have any good reason whatever for objecting to; as for instance, that he should give a receipt in full of all demands. The tender should be made in money made lawful by the State in which it is offered. Generally, a tender is valid and effectual if made at any time after the debt is due; and a demand made after the tender if for 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 partic- ular 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 identifica- tion, 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 cumbrous- ness 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
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DIGEST OF STATE LAWS.
regard to the convenience of the other party, and there deliver the articles.
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 pay- ment 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 suffi- cient 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.
Courts of equity decline to interfere in favor of parties pleading intoxication in the performance of a civil act.
The law does, however, recognize two kinds of inculpable drunk- enness, viz .: that which is produced by the " unskillfulness of his physician," and that which is produced by the "contrivance of enemies." To this may be added cases where a party drinks no more liquor than he has habitually used without being intoxicated, and which exerts an unusually potent effect on the brain in con- sequence of certain pathological conditions.
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DIGEST OF STATE LAWS.
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, main- tained, 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 mar- ries, such person can, when he or she arrives at the age above speci- fied, avoid the marriage, or such person or both may, if the other is of legal age, confirm it; if either of the parties is under seven, the marriage is void. If either of the party is non compos mentis or insane, or has a husband or wife living, the marriage is void.
The parties must each be willing to marry the other. If either party acts under compulsion, or is under duress, the marriage is voidable.
The husband is bound to receive his wife at home, and should fur- nish her with all the necessaries and conveniencies which his for- tune 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.
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