USA > Illinois > Hancock County > History of Hancock County, Illinois, together with an outline history of the State, and a digest of State laws > Part 96
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Being the head of the family, the husband has a right to estab- lish himself wherever he may please, and in this he cannot be con- trolled by his wife; he may manage his affairs in his own way, bny and sell all kinds of personal property, without her control, and he may buy any real estate he may deem proper; but as the wife acquires a right in the latter, he cannot sell it without her consent.
A wife is under obligations to love, honor and obey her husband. and is bound to follow him wherever in the country he may go and establish himself, provided it is not for other causes unreasonable.
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DIGEST OF STATE LAWS.
She is under obligation to be faithful in chastity to her marriage vow. A wife has the right to the love and protecting care of her husband; she has the right to share his bed and board; she can call upon her husband to provide her with the necessary food and clothing, according to her position in life, and if he neglects or re- fuses to do so, she can procure them on his account.
MARRIED WOMEN
May bargain, sell, and convey their real and personal property, and enter into contracts with reference to the same. The wife may be the agent of the husband, and transact for him business, making, accepting or endorsing bills or notes, purchasing goods, rendering bills, collecting money and receipting for the same, and in general, entering into any contract so as to bind him, if she has his authority to do so. And while they continue to live together, the law con- siders the wife as clothed with authority by the husband to buy for him and his family all things necessary, in kind and quantity, for the proper support of his family; and for such purchases made by her he is liable. The husband is responsible for necessaries sup- plied to his wife, if he does not supply them himself, and he continues so liable if he turns her out of his house or otherwise separates himself from her, without good cause. But he is not so liable if she deserts him, (without extreme provocation) or if he turns her away for good cause. If she leaves him because he treats her so ill that she has good right to go from him and his house, this is the same thing as turning her away; and she carries with her his credit for all necessaries supplied to her. But what the mis- conduct must be to give this right, is uncertain. But the law un- doubtedly is, that the wife is not obliged to stay and endure cruelty or indecency. It is also held, that if a man lives with a woman as his wife, and represents her to be so, he is liable for necessaries sup- plied to her, and her contracts, in the same way as if she were his wife.
The statutes intend to secure to a married woman all her rights. But many women about to marry-or their friends for them- often wish to secure to them certain powers and rights, and to limit these in certain ways or to make sure that their property is in safe and skillful hands. This can only be done by conveying and trans- ferring the property to trustees; that is, to certain persons to hold - the same in trust.
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DIGEST OF STATE LAWS.
A married woman may sue and be sued. At the death of the husband, in addition to the widow's award, a married woman has a dower interest [one-third] in all real estate owned by her husband after their marriage, and which has not been released by her, and the husband has the same interest in the real estate of the wife, after her death.
SCHOOL MONTH.
NUMBER OF DAYS IN A SCHOOL MONTH-TEACHERS' HOLIDAYS.
The law of this State says that a school month shall comprise twenty-two school days, actually taught. It also provides that teachers shall not be required to teach on legal holidays, thanks- giving or fast-days, appointed by State or National authority.
SCHOOL CHILDREN'S STUDIES.
The rulings of courts are that the trustees of a school district may prescribe what studies shall be pursued, and may regulate the classification of the pupils; but that a parent may select, from the branches pursued, those which the child shall study, so long as the exercise of such selection does not interfere with the system pre- scribed for the school ; that the child cannot be excluded from one study simply because he is deficient in another; the rule requiring his exclusion is unreasonable, and cannot be enforced.
INFANTS
Can make a binding contract for necessaries only. An infant can never bind himself even for necessaries when he has a parent or guardian who supplies his wants. What are considered necessaries depend upon the rank and circumstances of the infant in the par- ticular case. All his other contracts are considered voidable and void. An infant's contract on a bill or note is voidable. His liability may be established by ratification after full age.
The confirmation or ratification must be distinct, and with a knowl- edge that he is not liable on the contract. A mere acknowledgment of a debt, or a payment of a part of it, will not support an action an such a contract. When an infant indorses negotiable notes or bills he does not pass any interest in them as against himself; his act is voidable, but neither the acceptor nor subsequent indorser can oblige his infancy to evade their liability; nor can the drawer of a bill set up the infancy of a payee and indorser as a defense to
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DIGEST OF STATE LAWS.
an action thereon against himself. An infant may sue on a bill, but he sues by his guardian or next friend, and payment should accordingly be made to him.
Parties contracting with an infant assume all the inconveniences incident to the protection which the law allows him. In law infancy extends to the age of twenty-one years.
ADOPTION OF CHILDREN.
Children may be adopted by any resident of this State by filing a petition in the Circuit or County Court of the county in which he resides, asking leave to do so; and, if desired, may ask that the name of the child be changed. Such petition, if made by a person having a husband or wife, will not be granted unless the husband and wife joins therein, as the adoption must be by them jointly. The petition shall state name, sex, and age of child, and the new name, if it is desired to change the name; also, the name and resi- dence of the parents of the child, if known, and of the guardian, if any, and whether the parents or guardian consent to the adoption.
The Court must find, before granting decree, that the parents of the child, or the survivors of them, have deserted his or her family, or such child, for one year next preceding the application; or, if neither is living, that the guardian (if no guardian, the next of kin in this State capable of giving consent) has had notice of the presentation of the petition, and consents to such adoption. If the child is at the age of fourteen or upwards, the adoption cannot be made without its consent.
CHURCH ORGANIZATIONS
May be legally made by clecting or appointing, according to the usages or customs of the body of which it is a part, at any meeting held for that purpose, two or more of its members or trustees, war- dens or vestrymen, and may adopt a corporate name. The Chair- man or Secretary of such meeting shall, as soon as possible, make and file in the office of the Recorder of Deeds of the county an affidavit substantially in the following form:
STATE OF ILLINOIS,
COUNTY. } ss.
I, - --- , do solemnly swear [or affirm, as the case may be] that at a meeting of the members of the [here insert the name of
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DIGEST OF STATE LAWS.
the church, society, or congregation, as known before organization] held at [here insert the place of meeting], in the County of
and State of Illinois, on the - day of -, A. D. 18-, for that purpose, the following persons were elected [or appointed; here insert the names] trustees, wardens, vestrymen [or officers by whatever name they may choose to adopt, with power similar to trustees], according to the rules and usages of such [church, society, or congregation], and said -- adopted as its corporate name [here insert name], and at said meeting this affiant acted as [Chairman or Secretary, as the case may be].
Subscribed and sworn to before me this - day of A. D. 18 -. [Name of affiant]
Which affidavit must be recorded by the Recorder, and shall be, or a certified copy made by the Recorder, received as evidence of such corporation.
No certificate of election after the first need be filed for record.
The term of office of the trustees, and the general government of the society can be determined by the rules and by-laws adopted. Failure to eleet trustees at the time provided does not work a dis- solution, but the old trustees hold over. A trustee or trustees may be removed, in the same manner, by the society, as elections are held by a meeting ealled for that purpose. The property of the society rests in the corporation. The corporation way hold, or acquire by purchase or otherwise, land not exceeding ten aeres, for the purpose of the society. The trustees have the eare, custody and control of the property of the corporation, and can, when directed by the society, ereet houses or improvements, and repair and alter the same, and may also when so directed by the society, mortgage, eneumber, sell and convey any real or personal estate belonging to the corporation, and make all proper contracts in the name of such corporation. But they are prohibited by law from eneumbering or interfering with any property so as to destroy the effect of any gift, grant, devise or bequest to the corporation; but sneh gifts, grants, devises or bequests must in all cases be used so as to carry out the object intended by the persons making the same. Existing churches may organize in the manner herein set forth, and have all the advantages thereof.
GAME
Consists of birds and beasts of a wild nature, obtained by fowling and hunting. The last few years have shown a general interest by
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DIGEST OF STATE LAWS.
the people in having wise and just laws passed for the protection of fish and game. It is apparent to all that, unless these laws are vigorously enforced, the time will soon come when fish and game will be so scarce as to be within the reach of only the wealthy. Under proper regulations our streams of pure running water would all be filled with fish, as in other years, and our prairies, fields and forests alive with their great variety of game. It is a question that interests all, and the game laws should be enforced.
The following are sections 1 and 6 of the Game Law of 1873, of this State, as amended by the act approved May 14th, 1877:
SEC. 1. That it shall be unlawful for any person or persons to hunt or pursue, kill or trap, net or ensnare, destroy, or attempt to kill, trap, net, ensnare, or otherwise destroy any prairie hen or chicken, or any woodcock, between the 15th day of January and the 1st day of September in each and every year; or any deer, fawn, wild turkey, ruffed gronse (commonly called partridge), or pheas- ant, between the 1st day of February and the 1st day of October in each and every year; or any quail between the 1st day of Feb)- ruary and the 1st day of November in each and every year; or any wild goose, duck, snipe, brant, or other waterfowl between the 1st day of May and the 15th day of August in each and every year: Provided, That it shall be unlawful for any person or persons to net any quail at any time after this act shall take effect and be in force; and provided further, That it shall be unlawful for any per- son or persons who is or are non-residents of this State to kill, ensnare, net or trap any deer, fawn, wild turkey, prairie hen or chicken, ruffed grouse, qnail, woodcock, wild goose, wild duck or brant, or any snipe, in any county of this State, at any time, for the purpose of selling or marketing or removing the same outside of this State. Every person who violates any of the provisions of this section shall, for each and every offense, be deemed guilty of a misdemeanor, and on conviction shall be fined not less than five dol- lars ($5) nor more than twenty-five dollars ($25) and costs of suit for each and every separate bird or animal of the above enumerated list, so unlawfully hunted or pursued, killed, trapped, netted, ensnared, or destroyed or attempted to be killed, trapped, netted, ensnared, or otherwise destroyed, and shall stand committed to the county jail until such fine and costs are paid, but such imprison- ment shall not exceed ten days.
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DIGEST OF STATE LAWS.
SEC. 6. No person or persons shall sell or expose for sale, or have in his or their possession for the purpose of selling or expos- ing for sale, any of the animals, wild fowls or birds mentioned in section 1 of this act, after the expiration of five days next succeed- ing the first day of the period in which it shall be unlawful to kill, trap, net, or ensnare such animals, wild fowls or birds. And any person so offending shall, on conviction, be fined and dealt with as specified in Section 1 of this act: Provided, That the provisions of this aet shall not apply to the killing of birds by or for the use of taxidermists for preservation either in publie or private collec- tions, if so preserved.
The fifteenth of Jannary, it will be observed, is the date when the prohibition begins to work as to prairie chickens and woodevek; the first of February is the date for most other sorts of game, except waterfowl. And five days after the prohibition against kill- ing goes into force, it becomes unlawful to sell or expose for sale the prohibited game.
PRESERVATION OF OTHER BIRDS.
It may be appropriate to mention here that Seetions 3 and 4 of the act of 1873, which are not changed or affected by the act of 1877, are as follows:
SEC. 3. No person shall at any time, within this State, kill or attempt to trap, net, ensnare, destroy or kill any robin, bluebird, swallow, martin, mosquito hawk, whippoorwill, enekoo, woodpecker, catbird, brown-thrasher, red-bird, hanging-bird, buzzard, sparrow, wren, humming-bird, dove, guld-finch, mocking bird, blue-jay, finch, thrush, lark, cherry-bird, yellow-bird, oriole, or bobolink, nor rob or destroy the nests of such birds, or either or any of them. And any person so offending shall on conviction be fined the sum of five dollars for each and every bird so killed, and for each and every nest robbed or destroyed: Provided, that nothing in this section shall be construed to prevent the owner or occupant of lands from destroying any of the birds herein named on the same, when deemed necessary for the protection of fruits or property.
SEC. 4. It shall be unlawful for any person or persons to destroy or remove from the nests of any prairie chicken, grouse or quail, wild turkey: goose or brant, any egg or eggs of such fowl or bird, or for any person to buy, sell, have in possession or traffic in such
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eggs, or willfully destroy the nest of such birds or fowls, or any or either of them. And any person so offending shall on conviction be fined and dealt with as specified in Section 3 of this act.
MILLERS.
The owner or occupant of every public grist-mill in this State shall grind all grain brought to his mill, in its turn. The toll for both steam and water mills, is, for grinding and bolting wheat, rye, or other grain, one-eighth part; for grinding Indian corn, oats, barley, and buckwheat not required to be bolted, one-seventh part; for grind- ing malt, and chopping all kinds of grain, one-eighth part. It is the duty of every miller, when his mill is in repair, to aid and assist in loading and unloading all grain brought to his mill to be ground; and he is also required to keep an accurate half-bushel measure, and an accurate set of toll dishes or scales for weighing the grain. The penalty for neglect or refusal to comply with the law is $5, to the use of any person suing for the same, to be recovered before any Justice of the Peace of the county where the penalty is incurred. Millers are accountable (except it results from unavoidable acci- dents) for the safe-keeping of all grain left in their mill for the pur- pose of being ground, with bags or casks containing same, provided that such bags or casks are distinctly marked with the initial letters of the owner's name.
PAUPERS.
Every poor person who shall be unable to earn a livelihood in con- sequence of any bodily infirmity, idiocy, lunacy or unavoidable cause, shall be supported by the father, grandfathers, mother, grand- mothers, children, grandchildren, brothers or sisters, of such poor person, if they or either of them be of sufficient ability; but if any of such dependent class shall have become so from intemperance, or other bad conduct, they shall not be entitled to support from any relation except parent or child. The children shall first be called on to support their parents, if they are able; but if not, the parents of such poor person shall then be called on, if of sufficient ability; and if there be no parents or children able, then the brothers and sisters of such dependent person shall be called upon; and if there be no brothers or sisters of sufficient ability, the grandchildren of such per- son shall next be called on; and if they are not able, then the grand- parents. Married females, while their husbands live, shall not be
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DIGEST OF STATE LAWS.
liable to contribute for the support of their poor relations except. out of their separate property. It is the duty of the State's attorney to make complaint to the County Court of his county against all the relatives of such paupers in this State liable to support, and prose- cute the same. In case the State's attorney neglects or refuses to complain in such cases, then it is the duty of the overseer of the poor to do so. The person called upon to contribute shall have at least ten days' notice of such application, by summons. The court has the power to determine the kind of support, depending upon the circumstances of the parties, and may also order two or more of the different degrees to maintain such poor person, and prescribe the proportion of each, according to his or her ability. The court may specify the time for which the relatives shall contribute; in fact it has control over the entire subject matter, with power to enforce its order.
Every county is required to relieve and support all poor and in- digent persons lawfully resident therein. "Residence " means the actual residence of the party, or the place where he was employed; or in case he was in no employment, then it shall be the place where he made his home. When any person becomes chargeable as a pauper who did not reside in the county at the commencement of six months immediately preceding his becoming so, but did at the time reside elsewhere in this State, then the county becomes liable for the expense of taking care of such person until removed; and it is the duty of the overseer to notify the proper authorities of the fact. If any person shall bring and leave any pauper in any county in this State where such pauper had no legal residence, knowing him to be such, he is liable to a fine of $100. In counties under town- ship organization, the supervisors in each town are ex-officio over- seers of the poor. The overseers of the poor act under the directions of the County Board in taking care of the poor and granting tem- porary relief; also, in providing for non-resident persons not pau- pers who may be taken sick and not able to pay their way, and, in case of death, causing such persons to be decently buried.
PUBLIC AND PRIVATE CONVEYANCES.
When practicable from the nature of the ground, persons travel ing in any kind of vehicle must turn to the right of the center of the road, so as to permit each carriage to pass without interfering
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DIGEST OF STATE LAWS.
with the other. The penalty for a violation of this provision is $5 for every offense, to be recovered by the party injured; but to re- cover, there must have occurred some injury to person or property resulting from the violation.
The owners of any carriage traveling upon any road in this State for the conveyance of passengers, who shall employ or continue in their employment as driver any person who is addicted to drunken- ness, or the excessive use of spirituous liquors, after he has had notice of the same, shall pay a forfeit at the rate of $5 per day; and if any driver, while actually engaged in driving any such carriage, shall be guilty of intoxication to such a degree as to endanger the safety of passengers, it shall be the duty of the owner, on receiving written notice of the fact, signed by one of the passengers, and cer- tified by him on oath, forthwith to discharge such driver. If such owner shall have such driver in his employ within three months after such notice, he is liable for $5 per day for the time he shall keep such driver in his employment after receiving such notice.
Persons driving any carriage on any. public highway are prohib- ited from running their horses upon any occasion, under a penalty of a fine not exceeding $10, or imprisonment not exceeding sixty days, at the discretion of the court. Horses attached to any car- riage used to convey passengers for hire must be properly hitched, or the lines placed in the hands of some other person, before the driver leaves them for any purpose. For violation of this provision each driver shall forfeit twenty dollars, to be recovered by action commenced within six months.
It is understood by the term " carriage" herein to mean any car- riage or vehicle used for the transportation of passengers, or goods, or either of them.
WAGERS AND STAKEHOLDERS.
Wagers upon the result of an election have always been consid- ered as void, as being contrary to sound policy, and tending to im- pair the purity of elections. Wagers as to the mode of playing, or as to the result of any illegal game, as boxing, wrestling, cock- fighting, etc., are void at common law.
Stakeholders must deliver the thing holden by them to the person entitled to it, on demand. It is frequently questionable who is en- titled to it. In case of an unlawful wager, although he may be jus-
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DIGEST OF STATE LAWS.
tified for delivering the thing to the winner, by the express or im . plied consent of the loser, yet if before the event has happened he has been required by either party to give up the thing deposited with him by such party, he is bound to deliver it; or if, after the event has happened, the losing party gives notice to the stakeholder not to pay the winner, a payment made to him afterwards will be made to him in his own wrong, and the party who deposited the money or thing may recover it from the stakeholder.
SUNDAY.
Labor of whatever kind, other than the household offices of daily necessity, or other work of charity and necessity, on the first day of the week, commonly called Sunday, is in general under penalty pro- hibited; but all persons do not come under prohibition. If a con- tract is commenced on Sunday, but not completed until a subsequent day, or if it merely grew out of a transaction which took place on Sunday, it is not for this reason void. Thus, if a note is signed on Sunday, its validity is not impaired if it be not delivered on that day.
DEFINITION OF COMMERCIAL TERMS.
$ means dollars, being a contraction of U. S., which was for- merly placed before any denomination of money, and meant, as it means now, United States currency. £ means pounds, English money. @ stands for at or to; Ib for pound; bbl. for barrel; and { for per or by the. Thus, butter sells at 20@30c. + Ib, and flour at $6@10 ₽ bbl. |. stands for per cent., and # for number.
In the example "May 1-wheat sells at $1.05@1.10, seller June," seller June means that the person who sells the wheat has the privilege of delivering it at any time during the month of June. "Selling short" is contracting to deliver a certain amount of grain or stock at a fixed price within a certain length of time, when the seller has not the stock on hand. It is for the interest of the person selling " short" to depress the market as much as possi- ble, in order that he may buy and fill his contract at a profit. Hence the " shorts " are termed "bears."
LEGAL WEIGHTS AND MEASURES.
Whenever any of the following articles shall be contracted for, or sold or delivered, and no special contract or agreement shall be
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DIGEST OF STATE LAWS.
made to the contrary, the weight per bushel shall be as follows, to wit:
Ibs.
Ibs.
Apples, dried.
24
Hemp seed. .
44
Barley ..
.48
Hair (plastering).
8
Beans, white.
.60
Lime, unslacked.
80
Beans, castor.
.46
Onions .. .57
Buckwheat.
.52
Oats ... 32
Bran ....
20
Potatoes, Irish. 60
Blue-glass seed.
14
Peaches, dried. .33
Broom-corn seed.
46
Potatoes, sweet.
.55
Coal, stove.
80
Rye. . . 56
Corn, in the ear.
Salt, fine.
.55
Corn, shelled
.56
Salt, coarse.
.50
Corn meal ..
.48
Turnips
.55
Clover seed.
.60
Timothy seed.
45
Flax seed
.56
Wheat.
60
BEES.
Bees, while unreclaimed, are by nature wild animals. Those which take up their abode in a tree belong to the owner of the soil in which the tree grows, if unreclaimed; but if reclaimed and identi- fied they belong to their former owner. If a swarm has flown from the hive of A, they are his so long as they are in sight, and may easily be taken; otherwise, they become the property of the first occupant. Merely finding on the land of another person a tree containing a swarm of bees, and marking it, does not vest the property of the bees in the finder. They do not become property until actually hived.
DOGS.
Dogs are animals of a domestic nature. The owner of a dog has such property in him that he may maintain an action for an injury to him, or to recover him when unlawfully taken away and kept by another.
When, in consequence of his vicious propensities, a dog becomes a common nuisance the owner may be indicted, and where one commits an injury, if the owner had knowledge of his mischievous propensities, he is liable for the injury. A man has a right to keep a dog to guard his premises, but not to put him at the entrance of his house, because a person coming there on lawful business may be injured by him, though there may be another entrance to the house. But if a dog is chained, and a visitor ineautiously goes so near him that he is bitten, he has no right of action against the owner.
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DIGEST OF STATE LAWS.
CRUELTY TO ANIMALS.
Whoever shall willfully overdrive, overload, overwork, torture, torment, beat, deprive of necessary and proper food, drink, or shelter, or cruelly kill any such animal, or work an old, maimed, sick, or disabled animal, or keep any animal in an unnecessarily cruel manner, for each and every offense shall be liable to a tine of not less than $3 or more than $200, to be recovered on complaint before any Justice of the Peace, or by indictment. The word "animal " used shall be taken to mean any living creature.
NAMES.
Any person desirous of changing his name, and to assume another name, may file a petition in the Circuit Court of the county where he resides, praying for such change. Such petition shall set forth the name then held, and also the name sought to be assumed, together with his residence, and the length of time he shall have resided in this State, and liis nativity. In case of minors, parents or guardians must sign this petition; and said petition shall be verified by the affidavit of some credible person. A previous notice shall be given of such intended application by publishing a notice thereof in a county newspaper for three consecutive weeks, the first insertion to be at least six weeks prior to the first day of the term of the court in which the said petition is to be filed.
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