USA > Illinois > Pike County > History of Pike County, Illinois : together with sketches of its cities, villages and townships, educational, religious, civil, military, and political history, portraits of prominent persons and biographies of representative citizens > Part 88
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DIGEST OF STATE LAWS.
ยท ty-eight cents 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 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.
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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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 presumned 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 np 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 inay 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.
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, buy and sell all kinds of personal property, without her control, and he may buy any real estate he may deem proper; but as the wife acquires a right in the latter, he cannot sell it without her consent.
A wife is under obligations to love, honor and obey her husband. and is bound to follow him wherever in the country he may go and establish himself, provided it is not for other causes unreasonable.
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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 sneh 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 electing or appointing, according to the usages or customs of the body of which it is a part, at any meeting held for that purpose, two or more of its members or trustees, 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 elect trustees at the time provided does not work a dis- solution, but the old trustees hold over. A trustee or trustees may je removed in the same manner, by the society, as elections are neid by a meeting called for that purpose. The property of the society rests in the corporation. The corporation may hold, or acquire by purchase or otherwise, land not exceeding ten acres, for the purpose of the society. The trustees have the care, custody and control of the property of the corporation, and can, when directed by the society, erect houses or improvements, and repair and alter the same, and may also when so directed by the society, mortgage, encumber, sell and convey any real or personal estate belonging to the corporation, and make all proper contracts in the name of such corporation. But they are prohibited by law from encumbering or interfering with any property so as to destroy the effect of any gift, grant, devise or bequest to the corporation; but such gifts, grants, devises or bequests must in all cases be used so as to carry out the object intended by the persons making the same. Existing churches may organize in the manner herein set forth, and have all the advantages thereof.
GAME
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 ouly 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 grouse (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, quail, woodcock, wild goose, wild duck or brant, or any snipe, in any county of this State, at any time, for the purpose of selling or marketing or removing the same outside of this State. Every person who violates any of the provisions of this section shall, for each and every offense, be deemed guilty of a misdemeanor, and on conviction shall be fined not less than five 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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