USA > Illinois > Knox County > History of Knox county, Illinois > Part 7
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NOTES.
A note is legal, worded in the simplest way, so that the amount and time of payment are mentioned. The following is a good form: $100.
CHICAGO, IZL .. Oct. 15, 1878. Thirty days from date I promise to pay to F. M. Chapman, or order one hundred dollars, for value received.
S. T. LEWIS.
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. No defense can be made against a negotiable instrument (assigned before due) in the hands of the assignee, without notice, except fraud was used in obtain- ing the same. To hold an indorser, due diligence must be used by suit, in col- lecting 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 in-
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dorsed by the rayer. 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 expressed.
The limit of time in which action may be brought on a note is 10 years.
The following is a form of
JUDGMENT NOTE.
For value received, I promise to pay to Andrew Sherman, of Chicago, or order, two hundred dollars, with interest, on the first day of January next. And further, I do hereby empower any attorney of the Court of Common Pleas, of Cook county, or of any Court of Record in Illinois, or elsewhere, to appcar for me, and after a declara- tion filed therefor, to confess a judgment against me in the above sum, as of last, next, or any other subsequent term, with cost of suits, release of errors, etc., with stay of execution until said first day of January next.
Witness my hand and seal at Chicago, Ill., this first day of October, in the year one thousand eight hundred and seventy-eight. A. L. STOVER.
Signed, sealed and delivered in the presence of ERASTUS CHILD.
[SEAL.]
S. B. NELSON.
A note is void when founded upon fraud. Thus a note obtained from a per- son when intoxicated, or obtained for any reason which is illegal, cannot be collected. A note given upon Sunday is also void.
If the note is payable to a person or order, or to a person or bearer, to a person or his assigns, or to the 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 name, with- out recourse to me in any event.
INTEREST.
Interest is the compensation which is paid by the borrower of money to the lender for its use. When the debtor expressly under- takes to pay interest, he is bound to pay it; but if a party has ac- cepted 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 other- wise 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 goods sold and delivered after the stipulated term of credit has expired; if there be
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no credit, then from the time of sale; on judgment debts, from the rendition of judgment; on money obtained by fraud, or where it has been wrongfully detained (for whoever receives money not his own, and detains it from the owner unlawfully, must pay interest therefor: hence a public officer retaining money wrongfully is liable for the in- terest); 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 con- tinues 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 ten per cent. If a rate of interest greater than ten per cent. is contracted for, the penalty is a forfeiture of the entire interest, and only the principal can be recovered.
In computing interest or discount on negotiable instruments, a 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 part 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 pro- vide for interest from date on their face. If "with interest " is in- cluded 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.
DAYS OF GRACE.
No check, draft, bill of exchange, promissory note, order, or nego- tiable 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, the Fourth of July,
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Christmas, or any day appointed or recommended by the President of the United States or the 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 effect 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.
RECEIPTS.
Receipts should always state when received and what for; and if receipt is in full it should be so stated. We give two forms:
FOR MONEY ON ACCOUNT. -
Received, Knoxville, Ill., Nov. 10, 1878, of J. C. Cover, sixty dollars, on account. $60.
J. H. FRANKLIN.
FOR MONEY ADVANCED ON A CONTRACT.
$100. GALESBURG, ILL., June 9, 1868.
Received of Fernando Ross, one hundred dollars, in advance, on contract to build for him a brick house at No 76, Kellogg street. DAVID ANDERSON.
EXEMPTIONS FROM FORCED SALE.
The following personal property 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 widow and family, some one 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
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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 pic- tures of every person ; and one hundred dollars' worth of other prop- erty, 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 dol- lars' worth of other property to be selected by the debtor, -- provided that such selection and exemption shall not be made by 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 the head of a 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 npon the head of a family residing with the sanie. No personal property is exempt from execution when judgment is obtained for the wages 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 principal obligation on the part of the 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 un- comfortable 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 landlord 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 ten- ant 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 whichi ought, as between him- self 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
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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 were 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 lie in such an event pro- tect himself from the payment of rent during the unexpired balance of the term, unless exempted tlierefrom 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 10 repair, the tenant cannot quit and discharge himself of rent because the re- pairs 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' inde- pendent 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 answer. able for any neglect to repair highways, fences, or party walls, it being generally sufficient, except where a statute otherwise provides, to charge a man with such repairs by the name of "occupant." He is also liable for all injuries produced by the mismanagement of lis ser- vants, or by a nuisance kept upon the premises. or by an obstruction of the highways adjacent to them, or the like; for as a general rule, where a man is in possession of property, he must so manage it that other persons shall not be injured thereby. 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 sub- stantial 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 neg- ligent conduct on his part.
CRIMINAL LAW
Is that branch of jurisprudence which treats of criminal offenses. The extreme importance of a knowledge of criminal law is self-evi- dent; for a mistake in point of law, which every person of discretion not only may kuow, but is bound and presumed to know, is in crimi- nal cases no defense. This law is administered upon the principle
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that every one must be taken conclusively to know it, withont proof that he does know it. This doctrine has been carried so far as to in- clnde 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 in- dividuals; 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 inode of prosecution is directed or no punishment provided, tlie com- mon 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 imprisonment. So far, therefore, as the rules and principles of common law are applicable to the administra- tion 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.
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 entitled 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 fact is final.
4. The question of his gnilt 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 severer punishment be inflicted than was declared by law at the time of its commission.
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
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botlı 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 pen- alty 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 ac- countable (except it results from unavoidable accidents) for the safe- keeping of all grain left in their mill for the purpose of being ground, with, bags or casks containing same, provided that such bags or casks are distinctly marked with the initial letters of the owner's name.
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- 1 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 re- lation 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 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 inake complaint to the County Court of his county against all the relatives of such paupers in this State liable to support, and prosecute the same. In case the State's attorney neglects or refuses to com- plain in such cases, then it is the duty of the overseer of the poor to do so. The person called upon to contribute shall liave at least ten days' notice of such application, by summons. The court has the power to determine the kind of support, depending upon the cir- cumstances of the parties, and may also order two or more of the different degrees to maintain such poor person, and prescribe the pro-
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portion of each, according to his or her ability. The court may specify the time for which the relatives shall contribute: in fact it has con- trol 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 township organization, the supervisors in each town are ex-officio overseers of the poor. The overseers of the poor act under the directions of the County Board in taking care of the poor and granting temporary re- lief; also, in providing for non-resident persons not paupers who may be taken sick and not able to pay their way, and, in case of death, causing such person to be decently buried.
PUBLIC AND PRIVATE CONVEYANCES.
When practicable from the nature of the ground, persons traveling in any kind of vehicle must turn to the right of the center of the road, so as to permit each carriage to pass without interfering with the other. The penalty for a violation of this provision is $5 for every offense, to be recovered by the party injured; but to recover, there must have occurred some injury to person or property resulting from the violation.
The owners of any carriage traveling upon any road in this State for the conveyance of passengers, who shall employ or continue in their employment as driver any person who is addicted to 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 suchi a degree as to endanger the safety of passengers, it shall be the duty of the owner, on receiving written notice of the fact, signed by one of the passengers, and certified by him on oath, forthwith to discharge such driver. If such owner shall have such driver in his employ within three months after such notice,
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he is. liable for $5 per day for the time he shall keep said drivers in his employment after receiving such notice.
Persons driving any carriage on any public highway are prohibited from running their horses upon any occasion, under a penalty of a fine not exceeding $10, or imprisonment not exceeding sixty days, at the discretion of the court. Horses attached to any carriage used to convey passengers for hire must be properly hitched, or the lines placed in the hands of some other person, before the driver leaves them for any purpose. For violation of this provision each driver shall forfeit twenty dollars, to be recovered by action commenced within six months.
It is understood by the term "carriage" herein to mean any 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 considered as void, as being contrary to sound policy, and tending to impair the purity of elections. Wagers as to the mode of playing, or as to the result of any illegal game, as boxing, wrestling, cockfighting, etc., are void at common law.
Stakeholders must deliver the thing holden by them to the person entitled to it, on demand. It is frequently questionable who is en- titled to it. In case of an unlawful wager, although he may be justi- fied for delivering the thing to the winner, by the express or implied consent of the loser, yet if before the event has happened he has been required by either party to give up the thing deposited with him by such party, he is bound so to deliver it; or if, after the event has hap- pened, 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.
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DEFINITION OF COMMERCIAL TERMS.
$ means dollars, being a contraction of U. S., which was formerly placed before any denomination of money, and meant, as it means now, United States currency. £ means pounds, English money. @ stands for at or to; Ib for pound; bbl. for barrel; and + for per or by the. Thus, butter sells at 20@30c. # fb, and flour at $6@10 + bbl. % stands for per cent., and # for number.
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