USA > Illinois > Adams County > The history of Adams County Illinois : containing a history of the county - its cities, towns, etc. a biographical directory of its citizens, war record of its volunteers in the late rebellion; general and local statistics, portraits of early settlers and prominent men > Part 31
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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 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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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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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, 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 withont 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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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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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 pursned, 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 bis 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 coidable and void. An infant's contract on a bill or note is roidable. 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 paree and indorser as a defense to
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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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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 be removed, in the same manner, by the society, as elections are held 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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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 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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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 act shall not apply to the killing of birds by or for the use of taxidermists for preservation either in public or private collec- tions, if so preserved.
The fifteenth of January, it will be observed, is the date when the prohibition begins to work as to prairie chickens and woodcock; 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 Sections 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, cuckoo, woodpecker, catbird, brown-thrasher, red-bird, hanging-bird, buzzard, sparrow, wren, humming-bird, dove, gold-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 aet.
MILLERS.
The owner or occupant of every publie 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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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.
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