♦^«>, . > » ••' ' 4 Ready Reference Manual OF THE STATUTE LAWS OF THE STATES AND TERRITORIIilS IN THE UNITED STATES AND THE PROVINCES OF CANADA, ALONG WITH NATIONAL, INTERNATIONAL LAWS, AND MISCELLANEOUS INFORMATION. A I'LAIN, COMMON SENSE SYNOPSIS OF LAWS IN I)AH.Y USE THAT EVERY I'ERSON WANTS TO KNOW. "IgNWKANCK OI'-.Typ LAW KXftSKS NO ONE. COMPlI.!;i) IIV E. E. KNOTT, Burliiiijtoii, V(. 4<*»»^ Published by the International Publishing Co., Burlinyton, Vermont. 1889. iu'irls in I'nited States anil Canada. I'akt III. Fishery Treaties and the actions of Inith (iovernn)ents since tht! Treaty of I'aris, 177."i to IMH1». I'AKT IV. Neutrality I^iws t>f Nations DO CIIAITER III. I'akt I. The Naturali/.ation Laws of the Uniteil States and tlie IJoinin- ion of Canada. I'AitT II. Kxtrac'ts from the I'o.tal Laws and Iteg- nlations of the United States and the Dominion of Canada, along with foreign postage rates, and what is mailahle and nnmailal>le matter. I'akt III. Copyright Rules and Kegulal ions of the Unit- ed State's and the Dominion of t'anada. Patent Laws and Regula- tions, how to ap]>ly for a patent in iMith United States and Canada. I'AKT IV^ Liiws and nde.s goverinng Trade Marks in lK>th United States and C'anada. Pakt V. Co-Partnership, general law. I'Airr VI. liiindlord and Tenant. Pakt VII. Miuster and Servant. Pakt VIII. Extradition Laws l)etween United States and Canada. 123 CHAPTER IV. Pakt I. The ilarriage Ijjiws as regidated by Statute in each State and Territory of the United States and each Province of Canada. Where a license is required ; ages of capability to enter wedhx'k with and without parents' consent ; where marriage is purely a civil contract, and where it is civil and divine ; wliere living as man :md wife con- stitute a lawful marriage. Part II. Married Woman's sei)arate riglits, respecting the ownership of jirojM'rty ; their liability re- specting their husband's debts ; Debts Ante-nuptial anil otherwise that are a.ssumed by either. Pakt III. The Ljiws of Divorce ; the causes for which Decrees can Im had; the time within which action nuist l»e conunenced ; the relation which a Decree in one State Ix'ars to that granted in another State ; the effect of divorce in regard to property. Pakt IV. Woman's Suffrage in the Unit»'d Stjites and in Canada, and elsewhere in the world ; where they can vote on an eijual with men and where they cannot 179 VIII CONfFNTH. CH Al'TKU V. I'akt I. Life iiistiriuiec >M>ii<-tii;iHrieH; where oxciii|»t fromcn'ditors, anil whcif it ciiiin'.s wholly to tlu' willow iind faiiiHy. I'AKT. H. Th« Laws of Wills; wIhto wills <'jin lio iuaativ<» Wills; wlicro valid; where every heir must \wi named; when- tin widow takes one-half of her hnshand's |)ro|K'rty, and where she r,and in the State of I>uiisiana. 241 CilAl'TKH VI. Part I. The tin)e within which A<'ti(»n miisi U- hrou^ht to nn -over indenmity or damages from a railioad foriMTsonal injuries or death ati provid«'d hy tlu? Statute of liimitations in «'aeh Stateanil Territory in the United Slates and eaeh I'rovinee of Canada; where the smn re<'overal>Ie in case of death is (ixerl hy law, at a limited amoimt. I'akt II. Ti\e Laws of ('onnce; the Constitutif;al and Illegal. P.vKT V. Arrest and Imprisonment for Civil Debt. PART I— CHAPTER I. Alabama. — All assignments made by bonds ; suits com- menced, decrees or judgments suffered to be made with connivance and fraudulent intentions, are void. Every deed of trust, mortgage, or other security given to any pre existing creditor is void as to existing creditor ; preferential assignments shall in every case inure to the benefit of all creditors. Arizona. — The same laws as California. Arkansas. — All assignments to be valid in law, nnist be filed in the Probate Clerk's office ; assignees shall iunnediately furnish bonds to the satisfaction of the Judge of Probate, in double the value of what the assets of the assignors will inventory ; creditors shall have the right to demand an auction of the assets, within 120 days after the inventory is filed with the Judge of Probate, accord- ing to the statute. 10 HEADY IIF.FEUENCE MANUAL. California. — There is uo statute providiag for assignments. Attachment smnmons may issue upon affidavit and undertaking in the following cases : 1. (Contracts implied, or expressed for the pajMuent of money within the State, and not otherwise secured by mortgage, lien, or personal pledge of property. 2. Where a debt was originally secured, and through no fault of the claimant,became valueless, then in such case an attachment may be made. 3. In ac- tions of contract made by persons or corporations not residents, with residents of the State, and the said person, persons or corpo- rations having i>roperty within the State. Colorado.— Attachments may issue against non-residents' property within the State with original writ; fi'audulent and clan- destine creditors ; or when a debtor is known to seclude himself from his ordinary residence for four months in succession: also, when a debt is contracted for cash on delivery payment and the goods received under some other excuse, without being paid for as coiitracted ; wages due to a workman, mechanic, upon any contract or woik, a lien or attachment can be liled upon the identical prop- erty. Tlie statute do(!S not provide for any form of assignment. Connecticut. — Assignments, attachments and insolvency pro- ceedings are about one and the same thing; a triune machinery to accomplish t he preservation of the proceeds of debtors' estates, for the benefit of the creditors ; all collections, suits, demands and other- wise, shall be made by the assignor and in his name ; assignments of future earnings or incomes, are not valid against attaching credi- tors, who may under certain rules of the courts, make attachments ; assignor has the right, if he so elects, to go into voluntary insol- vency, thereby making void all such attachments made within sixty days. All costs in such dissolved attachments are left to the privity of the coiu't ; wages earned within three months to the amount of $100 are preferred ; estates are apportioned in the following man- ner: Ist. Lic^uidation expenses. 2nd. Taxes. 3rd. . Preferred cred- itors. 4th. General claims in proportion. Upon payment ol seventy per cent., the assignor can apply to the court for an absolute dis- charge. Dakota. — Same as Colorado, except that money contracts (such as money loaned on mortgage or notes) have a precedence over all other claims. COLLECTION LAWS. 11 District of Columbia. — Wiits of attachment can be made upon affidavit and undertaking of the genuiness of the claim made by any ci'editor. The procedure in Colorado in other respects is fol- lowed. Florida. — No special statutes defining assignments. The law of attachment is the practice ; writs may bo obtained from the Cir- cuit Court, where debts are actually due (and in special cases within nine months of maturity, when under contract) and in Justice Courts for debts in general, due or becoming due within three mouths. The same procedure as given in Colorado, is followed in actions against absconders, non- residents, fraudulent creditors. Georgia. — The same as Alabama, except preferential creditors, where wages are involved, are allowed. Indeumity bonds are re- (juired ; the law of attachment in cases of absconders, fraudulent and clandestine debtors ; see Colorado. Idaho. — No assignment law ; attachments can be made for debts unsecured by mortgage or personal pledge. Illinois. — Assignments. — The County Court has exclusive juris- diction of assignments for the benefit of creditors. An inventory, under oath, of the estate and a list of the creditors, with their resi- dence and the amount of their respective demands, is required to be annexed to the assignment. The creditors are notified of the assign- ment by publication, and each creditor is notified by mail to present his claim verified, to the assignee, within three months thereafter. Claims not presented within three months from the publication of notice of the assignment, do not participate in the dividends until after the payment in full of all claims presented within said term al- lowed. The assignee is rei^uired to file an inventory and valuation of the estate and enter into bonds in double the amount of the in- ventory and valuation. The assignee, at the expiration of three months from the first publication of notice, must file a list of all creditors, who have claimed to be such, also an aflidavit of publica- tion of notice, and a list of creditors to whom notices have been sent, with their places of residence and the date of mailing. Excep- tions to the claim of any creditor may be filed within thirty days thereafter, and the same is tried at the next term of court. At the first term of court after the expiration of the three months as afore- said, the assignee is ordered to declare an equal dividend of the as- 12 READY REFEllENCE MANUAL. sdts in bis banils, auJ to remler a final accouut within one year thereafter. The assignee is at all tiiues Bubjeot to the supervision of the County Court, and may be compelled by citation and attach- ment to file reports. Provision is made for the appointnjent of an- other assignee in case of death, neglect of duty, or failure to qualify, also for further security, if necessary. J^o nrefarerces are allowed. Pebts not due ma^ bo proved, a reasonable deduction being made \or interest. The fees of the assignee are a^ the discretion of the court. No provision is made for the debtor's discharge. Attachment. — May issue in any of the following cases : (1) Where the debtor is not a resident of the State ; (2) when he con- ceals himself or stands in defiance of an officer so that the process cannot be served upon him ; (8 and 4) where he has departed, or is about to depart, from this State with the intention of having his creditors deprived of the right to collect their claims, by the removal of his effects therefrom; (5) where he is about to remove his property from the State to the injury of his creditors ; (6 and 7) where he has within two years preceding the filing of the affidavit retpiired, fraiubileutly conveyed or assigned, or concealed, or dis- posed of his efiects, or part thereof, so as to hinder or delay his creditors ; (8) where he is about fraudulently to conceal or assign or otherwise dispose of his property and effects, so as to hinder or delay his creditors ; (9) where the debts sued for were fraudulently contracted on the part of the debtor, provided the statements which constitute the fraud were in writing and signed. Affidavit must be filed, setting forth the nature and amount of the indebtedness, and any one or more of the causes above named, and the residence of defendant if known, and if not known, that affiant is unable to ascer- tain the same after diligent inquiry. Bond is required in double the amount sworn to be due. If the sheriff is unable to find proi^erty to satisfy the attachment, he shall summons persons named in the writ, who are indebted to the defendant, as garnishees. • In courts of record, when defendant is not served, the clerk of the court is re- quired to publish a notice of the attachment in some newspaper within the State most convenient to the place of business where the court is held, for three successive weeks ; also send by mail a copy of the said notice, within ten days from first publication, to the de- fendant, if his residence is known, or to the address last known. COLLF.CTION LAWS, 13 The judgmoiit is in rem uuleas tlie defendant is personally served, when it \h jyersonuum. Attachunint may issue in aid of suits already pending on proper cause shown. Indiana. — Attachments may issue prior to judgments against non-residents and foreign corporations, having property within the State, for jnonoy contracts, except where both plaintiff and defen- dant are both non-residents, and the money sought to be wages. Debtors who attempt by fraud or clandestine disposition of their property or clandestine removal of their property out of the State with a view of absconding ; in all such cases any property belong- ing to or that such person or persons have an interest in, can be at- tached by creditors, upon a bond of indemnification. No provision is made under the statute for assignments ; the court of insolvency deals with all bankrupts. Iowa. — Debtors' assignments are permitted by assent of the majority of the creditors, in amount of claims ; when assignments are made, all creditors shall share alike in the distribution of the assets ; attachments are allowed against non-resident debtors ; also where fraud, concealment, secret disposition, or any attempt to hin- der the collection of lawful debts, by putting beyond reach the same in any way wrhatsoever ; debts contracted by false pretences ; where debtor is permanently leaving the State ; in all such cases the property visible can be seized and taken into bond by the offi- cers of the law, upon warrant sworn to by any credible creditor. Kansas.— Assignments only distribute proportionally the prop- erty of an assignor, their power in no way permits them to dis- charge the debtor only so far as the claims that have been liqui dated, (this is to preserve the rights of creditors who may not be notified, imder the ordinary assignments practised ;) all assign- ments must be executed, witnessed and sworn to and recorded in the same manner as real property, along with a schedule of all the assets, annexed with the Olerk of the District Court ; notice within two days thereof must bo mailed to each creditor having a claim of $10 or over ; naming a day not less than twenty days or more than thirty days, for the election of an assignee ; whereupon a majority vote is essential, and if a majority of the creditors do not attend, or a majority for any one candidate cannot be obtained after due efforts the Judge of the District Court appoints an assignee. The prop- 1-4 HEADY REFERENCE MANUAL. erty in the first place must bo appraised, and after such appriiisal, the assignee must tile bonds to double the amount of the assets ; then it is his duty to advertise the time and place he will receive and adjust claims ; creditors not appearing are barred as to sharing in the assets then scheduled, but as aforesaid not as to the collec- tion of their claims by recourse to whatever expedients they see proper ; assignee must make monthly distributions to creditors ; the court can direct him to advertise and sell all the assets by auc- tion ; the court appoints a commissioner to examine all the accounts and audit the saiue and hand into the court a certified report of the estate ; attachment writs can be issued against the property of ab- sconding debtors, similar to Iowa. Kentucky. — The same as Colorado as to the laws of attach- ments ; assignments must be executed giving priority to creditors, representing the estates of minors, or those having guardians ; in other respects the law of Kansas is followed. Louisiana. — Assignments or cession of property may bo vol- untary or by a judgment creditor; the syndic (assignee) must give bonds for the proper discharge of his ofKce ; his election must be by creditors, representing at least two-thirds in aniount of money of the total liabilities of the debtor; i^rivileged creditors (those secured by mortgage or notes) cannot force sale of more property than is sufficient to satisfy their claim with costs of sale ; creditors can be represented by proxy ; nou-i-esident creditors who receive no notice of the assignor's insolvency, and not taking part in the liquidation, have recourse to the Superior Court, and if their claim, or claims are established, the court will grant them judgment, as in like man- ner, as if no cession of the estate had taken place. The court will grant to a debtor a respite from his creditors if evidence is produced to satisfy the court that it shall be in the interest of all to grant it. Attachment Writs may issue against property in cases of per- sons absconding from the jurisdiction of the court within the State, and when absconding out of the State ; against non-resident debt- ors owning property within the State, and the debt is past due, and the plaintiff lives within the State ; and upon affidavit by two or more credible witnesses, that the debtor is concealing, purloining, disposing, transferring or in any other manner making away with it, to the detriment and injury of his creditors ; no preferential actions COLLECTION LAWS. 15 are valid, that is to say, where by colhision with u creditor to con- fess judgment and admit attac)iment. All persons found guilty of acts warranting garnisheenieut or attachment in any of tlie causes named, are debarred from all privities in obtaining a discharge until he pays his ludebtedness in full. Maine. — Assignments come under the laws of the Insolvency Act ; estates of deceased persons may be declared insolvent, and commissioners in insolvency appointed in the Probate Court. Cred- itors may prove their claims before the commissioners so appointed. Claims may bo assigned and actioils brought in the name of as- signees. Insolvency Laws. — A general insolvent law was passed in 1878 (Chap. 74, Laws of 1878) to take the place of the National Bankrupt Law. This law gives Probate Courts jurisdiction, and has many of the leading features of the United States law of 1867. A debtor's petition requires an indebtedness of at least $300, and if no fraud is apparent, he may at any time after the expiration of four months receive his discharge, and no specified percentage is provided or re- quired for such dischoige. In involuntary proceedings, the petition of two or more creditors is required. Their aggregate provable debts must be at least one-fourth of the provable liabilities of the insolvent debtor. In this law there is no composition clause. Maryland. — Assi inments. — Any confession of judgments or assignments, made for the purpose of defrauding creditors, is void, but a deed of trust conveying all a debtor's property, may contain preferences of particular creditors, without invalidating it. Im- proper preferences, made with the intent to apply for the benefit of the insolvent laws by one who does not subsequently apply there- for, are void, and any improper preferences made by an applicant for the benefit of the insolvent laws are void. Attachments. — Every person, or body corporate, that has the right to become the plaintift' in any action or proceeding before a judicial tribunal of this State, shall have the right to become the plaintiff in an attachment against a non-resident or a person absconding, or one who has or is about to conceal his property to defraud his creditors. Every person who shall actun"y run away, abscond, or fly from justice, or secretly remove from his place of abode, with intent to evade the payment of his just debts, 16 READY liEFERENf'E MANUAL. or to iujuro or defraud his creditorw, shall be considered as haviug absconded. Any kind of property or oredita belonging to the de- fendant in the plaintiflf's own hand, or in the hands of any one else, may be attached, and cieditH be made as due, notwith.standing upon the face not matured. But property in the defendant's own hand cannot bo attached. Before any such writ of attachment shall issue, the plaintiff shall make oath, before a Justice of the Peace, or Judge of a Court of Record, stating that the defendant is bona fide in- debted to the plaintiff in the sum of $ over and above all dis- counts, &c., and that he is about to abscond, «fec. The jurisdiction of a Justice of the Peace extends to all cases in attachment, where the sum claimed shall not exceed .$100, upon the proper affidavit being made. Massachusetts. — Assignments are not recognized by law. Attachments, — All civil actions must be commenced on original writs, and may be framed either to attach the goods or estate of defendant or not as the plaintiff' thinks best. In case no goods can bo attached, the body of the defendant may be taken. All real estate, goods and chattels liable to execution may be attached on the original writ, except property exeii.pt by law, and the same holds good until thirty days after judgment, for the purpose of being taken in execution and sold upon the said judgment. Attachments may bo dissolved before judgment, by defendant giving a bond to be appi'oved by plaintiff, or his attorney, or b}' a Master in Chancery, conditioned to pay to the plaintiff' withiji thiity days such sum, if any, as he may recover. Michigan. — Common law assignments are used in this State. They are regulated by statute as follows: They are void unless they are, — 1st, Without preferences ; 2nd, Unless the assignment or du- plicate of it, an hiventory of the property, a list of the creditors, and a sufficient bond by assignee, is tiled with the clerk of the Circuit Court of the county within ten days of making it ; 3rd, Unless they include all piopeity of the assignor's, except such as is exempt by law. Attachments and levies create no lieu within the ten days upon the assigned property. Assignees must file reports quarterly, under oath, and must have appraisements of the assigned property made by two disinterested competent persons under oath, and filed in court as soon as practicable after assignment is made. In case CULLKUTION LAWS. 17 of neglect to comply with tho law, or if any fraud cxIhIh, the estate will be woiiml up by a court receiver, and the court may then order Hunnuary cxamiuatiou.s ol' partieu and witneuues at any btage of thu proceedings. ATTAeuMKNTS. — Aro authorized at any stage of suits where it is shown by affidavit as follows: — (1) That the defenchmt has absconded from the State, or concealed therein to the injury of his creditors ; (2) That he has or is about to assign, dispose of, or conceal his property with the intent to defraud his creditors ; (3) That he has removed or is about to remove any of his property out of the State, with intent to defraud his creditors ; (4) That ho fraudulently contracted the debt sued for ; (H; That he is not a resident of tho State ; (<3) That defendant is a foreign corporation. The right of dissolving the attachment the same as in Massachusetts exists. Minnesota. — Assignments must be subscribed ns the act and deed of the assignor, in the same manner as though he were con- veying realty, and contain all his assets, not exempt by law. It shall be recorded with (he clerk of the District Court, within the county, where the business (or if branches of the business exist, where the principal jmrt of the business was transacted) was carried on ; assignee must be a resident free holder ; assignor shall tile within ten days thereafter an inventory accurately describing his debts, and the name and last known address of each creditor ; and if secured in any way, how secured ; assignee must then within five days give a bond with two approved surt;ties, for double the amount of the inventoried assets. Creditors shall prove their claims imeler oath (except United States, State, or Tax claims) ; creditors are then paid the dividends in tho following order : — (1) Assignee's legal fees ; (2) United States claims ; (3) State claims; (4) Taxes; all of which must be paid in full, then wages due not exceeding .S20 in amount, and earned within three mouths next preceding the as- signment ; and all other creditois pro rata. There is no special provision for assignor's discharge. Attachments : — Of money (or if no n)oney) then writs attaching proi)erty may issue from District Court, and from Justice Court, for claims under contract ; in the Supeiior Court a penalty bond for $250 is required for surety of costs, and in the latter court a 18 READY KKI'ERKNCK MANIAL. bond of $100. For property aud for cluims that tlicHo writH can be obtained, sco Iowa. Missouri. — AHBignineutsfan bo iimdo voluntary, within fifteen days after an aHaif^niuent has been made ; the assij^'neo must tiio a correct inventory from an ajjpraised vahic, along with a bond in double the amount of the same, with the Probate Court clerk within three months; a day must bo fixed by the assignee for credi- tors to prove their claims ; creditors not ai)iiearing on that date to prove their claims, or within two days tlicrcafter, their claims are precluded ; ansignecs' ruling as to claims is subject to appeal to the Judge of the District Court; dividends paid upon any credi tor's claim, are only recognized as credits upon the original debt. Attachment. — Proceedings the samo as Indiana, except that proceedings must bo advertised in the place where the attachment is made for four suci-iessivo weeks, in case defendant's residence is unknown and service of a notice cannot be affected. Montana Territory. — Attachment writs can only issue upon affidavit by plaintiff, that the debtor is about to leave or has left the territory ; that he is removing his effects from out the territory and with the intent of defrauding his creditors ; persons applying for such writs, must in all cases furnish approved bail bonds to the court for indemnification. Assignments. — Are only legal when attachment writs are issued and then only for taking over the defendant's property ; if sufficient property to satisfy the d( bts of the defendant upon appraisement of the coii'-*'s commissioners is shown, the court will grant a permit for debtor to engage in business, and this permit is a discharge from the former liabilities. New Hampshire. — Assignments by an insolvent debtor must be of all his real and personal estate, aud shall provide for a propor- tional distribution of the same among all his creditors, but the debtor is not thereby discharged from his debts. Such assignments will not be valid until the debtor makes oath that his intentions in making the same a j in accordance with the requirements of the statute, and the ujsent of creditors to such assignment will be presumed unless their dissent is made known to the assignee within thirty days. All actions of assenting creditors shall be discontinued and their costs form part of their claim, but dissenting creditors COLLECTION LAWS. ID tiik(! iiothinj,' umlor the aHsigniuout. A copy of Kuch ftssigninont rtliall bo tilod with the IlegiHtor of I'rohatc of the coiinty within ten (livy8 of its oxecnitioii, aiul u Hchediile of the property embraced in it and a list of the creditorH, verified by oath. The assignee hhall give such notice of hia appointment, by publication and posting of no tices, as the Judge of Probate may order. Attachment of the property of a debtor as the Bccurity of a payment of an execution, is allowed so far as what is not exenii>t by law. All actions for the collection of debts, may be commenced by trustee process Attacthments continue in force for thirty days after the execution of the court is rendered within which time the levy of the execution must be commenced or the attachment will dissolve. The right of giving a bond to the sherifl' for the release of property is customary, and usually accepted. Nebraska. — Assignee acts as the agent of the cotirt, his di- rections and actions being subordinate to the court. Thirty days are allowed for assignee to file a sworn inventory of the assets of the debtor's estate. The court appoints two appraisers ; assignee must give to the court a bond of indemnity ; the court advertises the assignment and the assignee of the court ; creditors must file proof of their claims within six months thereafter ; servants' and w orkmen's wages are only prefeired ; assignment iuust be recorded within thirty days after its execution ; the court regulates as it deems expedient the settlement of accounts and distribution of funds. Att.\chments are the same as practiced in Indiana, only no bonds are required, if defendant is a non-resident or foreign corpo- ration. New Jersey.— -Insolvent assignments by debtors for the ben- efit of creditors must be without preferences, otherwise void. Debt- or must add to assignment an inventory under oath. Assignee must give three weeks' notice of assignment by publication. He must file inventory under oath with surrogate of the coivnly fort/iu-il/i, and give bond with sufficient surety in double the amount of the inven- tory. Assignee must file a list of the creditors at the end of three months, after having six weeks' notice by publication. Assignee proceeds at next term of court to make dividends. Wages of ser- vants, clerks, laborers, etc., up to $300 are preferred. Assignee has 20 ui;aiiv luaEUKNCE manual. power to sell all prnporty cxoiiipt from execution. Sale of liiiul imiKt b(* iulvertiHcd urconliiit,' to liiw, threo iii(»iitliH if wilhouf tlio State, and two iiioutliH if witliiu tlio State. A creditor who does not ex- liibit luH claim is barred of a dividend, uiileaH the property proves HiilVicieutto pay otherH in full, or he shall tind other property; but he in not barred from a suit a^^ainst the debtor. Attachmknt writs may be issued a^'ainst non residents and ab- Hcondin*,' ilebtors, upon licpiidated claims only, where the creditor, or in his absence his agent, nuikes oath that the debtor absconds or is about so to do, or is a non resident at the time, and of the amount due to the plaintitV. A foreign corporation can be proceeded against by attachment. An attachment inures to the benefit of all the cred- itors of the plaintitr, whether their debts are duo or not, and they may be a(buittod under the attachment upon tiling itn alKdavit of their demand, and iipjilying to the court therefor. Personal proj)- erty cannot be sohl until thiee months after the writ, except where it is perishable, and real estate not until one year after its seizure under writ. Attachment issued out of the Justice Court inures to the beuelit of the attaching creditor only, but may be superseded by an attachment issued out of the Supieme Court, Circuit, or Com- mon Pleas. New York. — Any person in law capable of entering into con- tract may execute an arsigument for the benefit of his creditors. The assignment must be in wiiting, duly acknowledged before an otlicer authorized to take acknowledgments of deeds, and shall be recorded in the County Clerk's otlice of the county where the debtor resided or carried on his b siuess at the date thereof. An assign- ment by co-partners must be recorded in the county where the prin- cipal i>lace of business of such co partners is situated. When real estate is part of the property assigned, and is situated within a county other than the one in which the original assignment is re- qui)ed to be rticorded, a certilied copy of such assignment shall be tiled and recorded in the county in which said property is situated. The assent of the assignee must be in writing, and shall be duly ac- knowledged. AVithin twenty days the debtor must make and deliver to the county judge of the county where the assignment is recorded an inventory containing as follows : — rOLLECTION LAWS. 21 First. — The imiiic, ofcuputiou, place of rebiJcnce, and place of i^iiiPHS of Bucli (l«'btor. Stroud. — The niiino auil place of residence of the asHignee. Third. — A full and tnie account of all the creditorH of Huch ?btor, Htalliig the last known place of residence of each, the Bum sWft, to each, with the true cauHe and consideration therefor, and a 11 Htatenieut of any existing.' security for tlie payment of the Hatue. Fourth. — A full and true inventory of all the debtor's estate at (lute of such aHsifjfnniont, both real and personal, in law and piity. with the uicuiiibraticcH existing thereon, and of all vouchers ul securities relating thereto, andthc; nominal as well as the actual iihu! of the same, according to the best knowledge and belief of the d' litor. Fifth. — An affidavit made by such debtor that the same is in all r< I" cLs just and true. In case the debtor fails within twenty days |(i to do, then the assignee ruist within thirty days thereafter make I lilc the inventory above required in so far as ho can, and shall lify the same to the best of his knowledge and belief. In case the vciitory is not tiled by either the assignor or assignee, and the me be not extended by the court for that purpose, the assignee :iy bi^ reiuoved. The assignee must give a bond within thirty days ter the date of the assignment, in an amount to be directed by the 1 >!{,'(' for the faithful discharge of his duties. The debtor may pre- l< I creditors. The assignee must realize for all property assigned, t'ivdtise for claims, and settle estates airordiiig to the requirements fl tiie statute, within one year from the date of such assignment, or t' IS liable to be cited so to do. This proceeding does not discharge dt litor from his debts. The assignee may bo removed at any time r iniscouducfc or incompetency. Attachments can be procured in actions for breach of contract, xprcss or implied (other than to marry); wrcmgful conversion of I'soiial property ; against foreign corporations, when plaintifi' re- 8j 'is within the State ; against the property of non-residents (not %li( re both planitiif and defendant are non-residents); and in sev- fiul other cases where the evidence adduced to the court that fraud, Or tlmt the person or persons owing such debts to the plaintifi", are •b^(•oudiug, concealing, removing from the State, or in any fraudu- •kiit manner whatsoever, making away with their property for the 22 READY REFERENCE MANUAL. iuteut and purpose of defrauding tlicir creditors. The property can l)e released upon providing a sufficient undertaking to the court that issues the writ of attachment. North Carolina. — Assignment of insolvent estates must be at the privity of the largest creditor; executois, adininistrators, trustees, are not obliged to co-operate with other creditors ; they are privileged to bring action in the courts. Attachment the same as in Indiana, except wages has no prior- ity over other creditors. New Mexico. — Assignments are not provided for by statute. Attachments, where the debt is in excess of $50, can be made against any foreign corporation or non-resident's property found within the territory ; where a debtor is absconding from the terri- tory, or otherwise attempting to defraud his creditors. Ohio. — Assignments in trust for creditors are regulated by statute ; they take eflfect only from the time they are delivered to the Judge of I'robate. Within ten days the assignee must file the instrument, or a copy, with the probate judge of the county of the assignor's residence, and furnish bonds ; within thirty days after giving bond he must file inventory and an apj^raisal made by three persons appointed by the judge, and give tliree weeks' notice in a newspaper of appointment; must forihwith sell at auction upon four weeks' notice, or at private sale by jjermission of th ecourt, for not less than two-thirds the ajipraised value. Creditors may elect an assignee upon petition signed by creditors holding not less than $1000 of claims, and upon vote of creditors holding fifty per cent. or more debts — a majority in value of all debts represented at a meeting of creditors, called by order of the court, being necessary to a choice. Creditors must present claims in six months, with affidavit of what was the consideration attached, that the claim is lawful and justly due, and what security (if any) held. If rejected, suit must be brought within thirty days. Assignee must reject on demand of creditor, accompanied by security for costs and expenses. In eight mouths the first dividend must be declared ; wages to amount of $100 earned within six months prior to the assignment, and personal taxes, are preferred claims ; no other preferences allowed. COLLECTION LAWS. 28 Attachment. — A writ of attachmeitt aail garnialioo process will issue for any of the causes enumerated under the head of arrests, or where defendant is a foreign corporation or non-resident, i)laintifi can, upon affidavit that defendant has absconded, to defraud his creditors, or left county of residence to avoid service of summons. But no attachment can issue on ground that defendant is a foreign corporation or non-resident, save on a debt or demand arising on contract or judgment, or for causing death. Except when issued because defendant is a foreign corporation or non-resident, plaintiff must give bond in double amount of his claim. If garnishee process is desired, the plaintiff, in his affidavit must name the persons and describe the property suj^posed to be in the garnishee's possession. Pennsylvania. — Assignments by insolvents foi the purpose of preferring one or more creditors inure to the benefit of all ; a general assignment immediatel}' places the property assigned beyond the reach of any execution. The proceeds of the assigned property are distributed by the assignees pro rata among the creditors, under the supervision of the court ; the wages of miners, mechanics and clerks being preferred, however, to the extent of §200, provided they be due for services rendered within six months immediately preceding the assignment. An assignment not recorded within thirty (hiys becomes void. A wife's dower is not divested by an assignment of her husband, unless she joins in the same of her own free will. So much of the debt as is not paid by the assignee remains an obligation against the debtor, and can bo enforced at any time against his acquisitions. A claim may be proved any time before the final dividend is made, and the same shall participate in a like manner to all other claims. Attachment. — Foreign attacfmicnts in favor of a creditor when the property of a non-resident debtor is found within the State. Security is required in double the value of the property attached ; the surety nmst be a resident of the county where the attachment issues. This attachvicrit may be dissolved by entering security for debt, or by making a deposit of money to the amount of claim sued for ; attachment not foreign also lies where a dtibtor is about to remove his good? out of the jurisdiction of the court, with inteiit to defraud his creditors ; or when he has property fraudulently con- cealed ; or when he has assigned, disposed of, or removed, or is 24 READY REFEIIENCE MANUAL. about to remove, assign, or dispose of the same, with in tent to de- fraud his creditors ; or when he has fraudulently contracted the debt sued for. In this case the plaintiff must give a bond, with a citizen of the county wliei'e the attachment issues as a security, in double the anionut of the claim, conditioned that if the plaintiff shall fail in his suit, he will pay all costs and damages sustained by defendant b}' reason of the attaeJvuent. This attachment may be dissolved by the defendant giving securif y, to be aemoved by pay- ment of money into court, or such other substitute as the court may see proper to accept in lieu thereof. Rhode Island. — Assignments for the equal benefit allowed without preferences, as in New Jersey. Attachments. — May issue or origir.al writ whenever the plaintiff, his agent or attorney, makes oati\ thereon that plaintiff" has a just claim, and-either that defendant has committed fraud in contracting the debt on which the action is founded, or that since contracting the debt defendant has been the owner of property, in the receipt of income which be has refused or neglected to apply to the payment of the debt. Atta.chments may be defeated by debtor making a voluntary assiginneut at any time within sixty days, or the court may appoiut, on motion of any three or more creditors holding not less than one third of the debts, a receiver, either of which acts void attachments. South Carolina. — Attachment at the time of commencing action, or at any time afterward.s, may issue in the following cases : — In an action arising for the recovery of money only ; in an action for wrongful conversion of personal property ; against a corporation created by or under the laws of any other State or foreign country ; against defendant for absconding or concealing himself, or assigning, disposing, or clandestinely removing the same with the intent of defrauding his creditors. Plaintiff' must deposit $250 for security for costs or damages in any of the actions men- tioned, before the court will interfere. AssiGN.MEXTs. — (1 ) Voluntary; (2) Under process an embar- rassed debtor may assign his property for the benefit of his creditors. The creditors have the right to appoint agents or an agent equal in number of assignees to act with them. If uo agent or agents are appointed, assignees can act alone, and it is their duty to report to COLLECTION LAWS. tiiJ creditors every three luontbB. The asnigumeiit of all hia estate by a debtor under confinement or arrest effects his discharge therefrom. Only the debt of the creditors participathig in dividends is affected by these assignments. Tennessee.— Assignment by debtor is permitted ; he can at his privity prefer one or more creditors in exclusion of others. Assignee must provide bonds and security for faithful discharge of his duty : it must bo immediately recorded with the clerk of the county, within which the assignor resides. Attachment. — Creditors can attach for fraud, non-residents' property or goods, or when a debtor is about to abscond or has absconded from the State, or is removing his property or concealing, purloining or otherwise attempting by fraud to make away with all his visible effects ; the right of replevy exists. Texas. — l. Every assignment shall provide for distribution of all real and personal estate (except what is exempt by law) among all creditors, pro rata, shall pass title, be acknowledged, certified, and recorded. 2. The debtor shall annex an inventoi'y containing a statement of the account of all his creditors, the place of resic.ence, the amount and nature of the debt, the consideration, and when same arose, any existing mortgage collateral or other security, of all estate, real and personal, and the incumbrances, and all vouchers and securities relating thereto ; attidavit that same is true not to affect ill any way property held in trust or exempt as aforesaid. 3. Assignment may be made for benefit of such creditors as accept same ; in such case, benefit is restricted to those accepting and shall release debtor from claims of those so agreeing. 4. Assignee shall give notice of his appointment by publication for throe weeks. 5. Creditors shall make known their consent in writing within four months. 6. Assignee shall record deed of assignment, and furnish a bond, to be approved by the County Judge. 7. Creditors accept- ing, shall file statement with the assignee of their accounts, sup ported by affidavit that the same is just, and that there are no credits or offsets known to same. 8. Any creditor not accepting, may garnishee excess of proceeds in hands of assignee. 9. All prop- e:ty conveyed or transferred to defraud creditors, may be recovered by assignee by suit. 10. Assignment shall not void for want of an inventory. 11, The verified statement by a creditor, verified and 26 IJKADY REFERENCE MANUAL. filed, in prima facie evidence of its justness!, but the same may be denied and controverted in the courts. 12. To conceal property from assignee to defraud creditors, constitutes a felony punishable by at least two years in the penitentiary. 13. Claims not due may be allowed at their discount value. 14. The assignee may be removed when incompetent, and new appointment made by the County Judge. 15. Assignee must make distribution when amount on hand will pay ten per cent. IG. Full reports of collections and disbur.sements nuist be made by assignee, the same filed and record- ed with clerk before a final discharf,o of his bonds. Attacilmen't proceedings are privileged to any person making affidavit of fraud, concealment, absrondiug, etc., against a debtor, either resident or uon resident; only the hitter's property can be at- tached upon the original writ. Utah. — Attachment proceedings are obtainable, where the claim is not otherwise secured, and if secured, and has become value- less through no fault of the plaintifit", then in such case the right of attachment lies; also in cases of fraud, concealment, absconding from the territory; or the property of a nonresident or foreign chartered corporation or company. Assignments on Insolvency not provided for. Vermont. — All assignments of property must be for the equal benefit of all creditors, in writing, signed by assignor, and if realty, by trust deed, which shall be recorded in town derks's office. An- nexed to such assignment, must be a list of the creditors, sums due each, and their place of residence and address. A copy of the assign- ment, with annexations, signed by both the assignee and assignor, must be filed in the county clerk's office, open for inspection. Assig- nee must be a disinterested person, and shall file with Probate Court a bond for indemnity in case of unfaithful discharge of his duty. Until the law in these particulars is complied with, the debtor's property is liable to execution, attachment, trustee process, or gar- nishee. Assignee must act with dispatch, and file a second copy of his settlement of trust account with details of administration, which account he nuist verify by oath as just and true, with the clerk of the county court. Any creditor, who upon oath states that assignee is unreasonably tardy in closing estate, and the same presented to the chancellor of the court, the assignee will be cited to close in a fixed COLLECTION LAWS. 27 time; the costs, etc., of such application are left to the discretiou of the court. Attachments of defendant's property, both real and personal, exists in all forms of actions, and held to respond final judgment and execution. Bail on mesne process is taken by the sheriif, and ho is responsible for its sufficiency. Any person disposing of property under attachment or lien, is subject to be fined not more than $200 or imprisoned in the State prison for one year. (Jarnishrnent exists in all actions founded upon contract, express or implied, where the claim sought to be enforced, and the credits in the hands of the trus- tee exceed $10. Mceciitiojis are returnable in sixty days, and must be made from personality, if possible; if not, then from realty. Heal estate is appraised by three disinterested freeholders ; and enough is set out by measurement to satisfy the execution ;the debt- oj' in case of realty, has six months in which he can redeem lauds so sold, and until this time has elapsed the vendee's title does not be- come absolute. Insolcency. — Any person residing in the State may be judged an insolvent upon his own petition ; or, if the debtor owes more than $300, and commits an act of insolvency, upon the petition of any of his creditors, whose claims provable exceed $250. Petition by creditor must be filed within ninety days. FnnuluU'nt preferences are set aside by the adjudication of insolvency, if they occur within four months before the filing of the petition ; and such insolvency dissolves all attachments upon mesne i^rocess made with- in sixty days prior to the filing of such petition. The act ai^pliesto all corporations created by the laws of the State, except railroads and banking institutions. The act provides for the granting of a discharge to the debtor from all debts existing at the date of the filing of the petition for adjudication, and in regard to the efTect of such discharge, the law provides that the debtor shall thereupon be abso- lutely discharged from all debts proved against the estate, and from all debts provable and founded on any contract made by him while an inhabitant of the State, if made within date, or to be performed witiiin the same, or due to any person resident therein at the time of the filing of the petition for adjudication. The discharge does not apply to a fiduciary debt. Discharge is not granted when assets are not equal to thu'ty per cent., unless consent of majority in numbers and amount of creditors is filed. Evidence. — Parties may testify, 28 READY REFERENCE MANUAT.. except when one party ia dead, being either defendant or plaintiff, in his own behalf. Virginia. — Insolvent debtors have the light to make an as- signment, but croditoi's not willing to pavti(di)ate. are not bound by it. Attachment. — See Michigan. Wyoming Territory. — Probate Comt has absolute jurisdic- tion ill debtor's assignmoiits. They can be made with or without preferences, in the option of the assignor, when fiee from fraud, ex- cepting too iniquitous, wlicn the othei' creditors can enter their pro- test, and upon heaving the complaint, the Judge of Probate rules in the matter ; the usual inventory, list of creditors, etc., must be filed for inspection ^vith the clerk of the court. Attachment may be made against non-resident corporations, l)ersons or companies; or in case of fraudulent contract or al)scoiid- eis, etc.; or where any peison by fraud obligated to pay a debt not exceeding $250, without other secui'ity than his personal ])ledg(>, not paid upon demand willun ten days after maturity, an attachment can be procured, and served upon any personal or real pioperty, or tlie property (if such) that this debt was incurred for. Wisconsin. — Assignments may be made, and preferences to money debts, creditors representing estates of testacy or intestacy as the Judge of the Probate directs. ATTAcnMP:NTS may issue against the property of any person when the debt is under contract for the sum of $50 or over, where it can be shown ujion testimony that the dtbtor is leaving the Htate, and about to remove his property, to the injury of his creditors ; and in all cases of fraud, non-residents and foreign corjjorations. Washington Territory. — No provision by statute for assign- ments. Attachments. — See Montana. West Virginia.— There is no particular statute regulating assignments; creditors can by joint agreement arrange with the debtor by a deed of composition. This deed is usually in the form of a reduction of the claims pro rata on the dollar, and made in in- stallments spread over a number of months or even years. Attachment. — The same law as in Virginia. COLLECTION LAWS. 29 DOMINION OF CANADA. Province of Ontario. — Debtor abscdJiding from the prov- ince with the intent of dtifrauding bis cieditorH, and owinj,' under contract a debt not Iohh than !i<100, a writ of attachment can issue !if,'ainst anj' j)roiierty real or personal tliat can be found, but if the debtor has property sufficient if taken under such attachment to satisfy the debt claimed, no arrest of his body can be made. The Superior High Court of Justice judges, if in term, issue these capias writs in the neighborhood of Osgood Hall at Toronto ; and the County Court judges in other parts of the province. Garnishee process can be served where money debts aj'o involved, but in no case does the writ accompany a right of seizure or detention of the property, except after trial thirty days in superior claims, and four- teen days in minor claims; a lispendance can be filed in the regis- try otHce, where land is involved ; and i^ersons usually buying land are notified of such pending suits in law against the vendee, by the same being tiled in the clerk of the court's office. Taxes and rent take precedence of all other executions of claims whatsoever. Assignments. — The law provides under a statute of the province that an insolvent debtor can assign his estate ; all secured creditors are preferred, all others share alike in the proceeds of the liquida- tion. Assignee must give security in a bond of two freeholders, in double tlie value of the assets of the estate ; in other respects he is under the supervision of the statute, and is expected to make all cfForts for a quick settlement of the estate. He has power to bring the personality to an immediate auction sale or sell after appraisal to 2)rivate persons. Province of Quebec. — Before judgment may issue attach- ment may be made in the following cases: (1) upon affidavit of a personal indebtedness over $5, and that defendant absconds, se- cretes huuself, or is immediately going to abscond or secrete his efleets with intent to defraud, or that defendant is a trader, is noto- rit)usly insolvent, and has refused to arrange with his creditors or make assignnumt to them or for their benefit, and still carries on his business, and in either case that, without the benefit of such at- tachment, plaintiff will lose his debt or sustain damage; (2) on liciui- 30 READY REFERENCE MANUAL. dated damages, and upon affidavit as to the nature and amount and causes which gave rise to them, and with judge's order. On cause shown, attachment may issue in and pending suit previously taken ; rents in all cases take precedence. Assignments. — The same as Ontario, by deed of composition or by general pro rata distribution of proceeds of estate, subject to secured or preferred claims. Nova Scotia. — Assignments not voluntary, only after suits or upon the demand of creditors whose claims in the aggregate amount to .f 500. When made, the procedure is the same as in the winding up of an intestate estate. — (See wills and administration of this province.) Attachments. — The same as in the Province of Ontario. New Brunswick. — The insolvency act regulates all debtors' estates. Preferential claims for money debts, secured debts, taxes and rent are allowed. Attachment writs issue only against the property of non-resi- dent debtors or absconders. Manitoba, Northwest Territories, and British Colum- bia. — -The same in substance for both assignments and attachments as the Province of Ontario. But the regulations of the courts differ somewhat in the limit of jurisdiction. PART 11— CHAPTER I. Pi-o|M'it.v tliat is F,.\i'ni]it from Exccutidii in each State ami TtTiitory in tin; Unitt>artial payment or un(pialiticd promise to pay, tliongh not in writing, will revive; the contract. Tres])ass on the case must be brought within six years. Actions on oral contracts, other than those proper for book debts, action of trespass, and ac- tions on the case for words, within three years. Scire facias against garnishee, within one year. Action for forfeiture under penal code, within one year. Action on bonds against surety in any civil con- tract, action for prosecution or appeal, within one year after Judg- ment in the suit in which they were given. Civil actions against sheriir or constal)le fcjr default in office, within two years. Against railroad companies: See damages against railroads. In all cases of time computation, the period of non-residence from the State is deducted. California. — The propeity exempt from execution and attach- ment is, viz: — Chairs, desks, etc., |!2()0; necessary household fur- niture, including sewing machine and wearing apparel; three cows and calves, four hogs and litter, and necessary food for same for one month; farming utensils; also two oxen or horses, or nudes (farmer's) with harness and one cart or wagon; also all seed of value of $200 actiuilly provided for use within six months; seventy- five bee hives and bees; horse and vehicle belonging to cripple, when necessary for his business; tools of mechanics; instruments of EXEMPTION AND LIMITATION LAWS. 33 8iirtions are as follows: — ^A homestead not over one acre in a town plot, ami not o\-cr lOO acri's outside, upon which is not nH)re than one dwelling-house and other necessary buildings occupied by a family (of at least three) is exem]it; also, goods' chattels, merchandise, numey or other pi'rsonal property not to ex- ceed in the aggregate -$1,.500 in value; or in lieu thereof various specified articles and personal property not to exceed in addition *1,50(). Limitations. — For recovery of posses.sioii, title or other real 34 READY REFFFIFNTE MANUAL. cHt.ate iU'tioriH, twenty years ; iiott-H, Itills of t'xiiliaiifjfc, other than ri'iil estate deeds, seaK-d agreements, ordinary contracts, darnajjes" for fraud, personal injury, six years; oral debts, accounts, penalties under honds, et(!., three years. District of Columbia. — 'I'he property exempt from exocti- tion and altaclinient is as follows: — All wearini; apparel, household furniture mvstvn<\ of realty or |.fis(»iialty, or l.otli, to tlic valin' in tlic JVi;K«'t'gi*t<' "'" *', •><»'•• (^«'«' aiiu'iidmciit in llu- foiistitiitioii of tliis Statt' of the K'j^islaturc' of 1^77.) LiMiTATioNrt.— For opcti accounts, foitr yearn ; notes, etc., six years ; jiulLtmciits to lie kept open and retain their lien must have execution issued thereon within »ei'en years, or they ln'coine clor- maul. P]xecutioh must l»e levied or have some entry made thereon l.y the sheriir or other niiidsterial oHicer every neven ymrs, or judj,'- nienl heeomes dormant. Dead judgments may he revived within t/iTtc i/i'(trs. A promise to renew or revive the debt must be in writing, in tiie handwriting of the debtor, (»r signed by hiu agent or attorney. Idaho. — Tiie exemptions are as follows: — chairs, tal)les, desk, books, t<) value of !»! !(»(», lu'cessary household, table and kitchen furniture of debtor and provisions needed for use of family; the farming utensils, implements of husbandry of debtor; also two oxen, ur two horses', or two mules and their harness, two eows, one cart or wagon, and food for sueh oxen, horses, or nudes, for three months; seed grain for purposes (»f planting to the value of ^-JOt); tools and implenu'iits of nuMthanie necessary to carry on his trade; instru- ments of surgeon, pliy.sician or surveyor and dentist, ami profes- sional men's libraries. Limitations. — Actions mubt be commenced within three years on an open account for goods sold and delivered ; same on an open mutual and current account, and on any contract or obligation not founded on a written instrument : no now promise will revive these obligations when once barred uidess a payment on account has been made by the debtor. Illinois. — Exemptions of homestead to the extent in value of $1000 ; the exemption extends to the husband or wife surviving, and to the children until the youngest becomes twenty-one years of age 80 long as they occupy the homestead : but this exemption does I not extend to the non-payment of taxes or for debt or liability in- curred in the purchase or improvement of the homestead. This exemption may be waived by deed, properly acknowledged. The proceeds of a sale of the homestead to the extent of $1000 are ex- empt for one year. The following personal property is exempt ; 36 HEADY UEFEllENCE MANUAL. the necessasy wearing apparel. Bibles, school books and family pic- tures of every person, and $100 worth of other property, to be se- lected by tlie debtor. The debtor must make schedule of his prop- erty and deliver to officer, the property is then appraised by three householders, and the debtor selects his exemi)tions. If the head of a family shall die, 'desert, or nok eside with the same family, they shall, as though he did reside with them, be entitled to the full ex- emptions. No personal property is exempt, when the debt claimed is for wages. Limitations. — A judgment of a court of record is a lien upon real estate of the debtor in the county where the court is held for seven years. If execution is not issued within one year from the rendition thereof, it ceases to be a lien thereafter, but execution may issue at any time within seven yeurs, and will be a lieu from the time it is delivered to the slierift". Judgments rendered at the same term of court shall be all alike, no precedence. Judgments may be revived within twenty years. Judgments may be confessed in per- son or by attorney duly authorized. Actions on evidence of indebt- edness in writing must be brought within ten years next after cause of action arising after payment or new promise in writing. Actions or unwritten contracts must be commenced \yithiu ,/i>}e years after the cause of action accrued. Justice Courts have jurisdiction in all cases when the amount claimed does not exceed $200. Sum- mons is returnable in five days. Execution can be issued forth- with, but twenty days is allowed for appeal. No pleadings by brief re(^uired. Iowa. — If the debtor is a resident of the State, and is the head of a family, he is entitled to the following exemptions from at- tachment, execution or trustee : A homestead, consisting of not more than forty acres of land in countrj', or city lot not exceeding one-fourth acre with improvements, provided it has been acquired or assumed by a head of a family when not burdened with debts and judgments ; all wearing apparel of himself and family kept for actual use and suitable to their condition, and the trunks and other receptacles necessary to contain the same ; one musket, or rifle and shot gun ; all private libraries, family Bibles, portraits, pictures, musical iustiuments and [)aiutings not kept for the purpose of sale ; a seftit or pew wcupied by the debtor or his family in any house of EXEMPTION AND LIMTTATION LAWS. 37 public worship ; an interest iu a public or piivute burying' ground not exceeding one acre for any defendant ; two cows and calf; one lior.se, unless a horse is exempt as hereinafter i)rovided ; fifty sheep and the wool thereon : six stands of bees, live hogs and ail pigs under six months ; th« necessary food for all animals mentioned for six monllis ; all fiax raised by defendant on not exceeding one acre of ground, and the manufactures therefrom ; one bedstead and the necessary bedding for every two in the family ; all cloth manufac- tured by the defendant not exceeding one hundred yards in (juantity; household and kitclien furniture not exceeding !?200 in value ; all spinning wheels and looms ; one sewing machine and other instru- ments of doijiestic labor kept for actual use ; the necessary provis- ions and fuel for the use of the family for six mouths; the proper tools, instruments or books of the debtor : if a farmer, mechanic, surveyor, clergyman, lawyer, physician, teacher, or professor, the horse or the team, consisting of not more than two horses or mules or two yoke of oxen, and the wagon or other vehicle, with the proper harness or tackle, by the use of which the debtor, if a phy- sician, public oHficer, farmer, teamster, or other laborer, habitually earns his living ; and the debtor, if a printer, there shall also be ex- empt a printing press and the typo, furniture a)id material neces- sary for the use of such printing press and a ne •, spaper office con nected therewith, not to exceed in all the value of !?120() ; there shall bo exempt to an unmarried person not the liead of a family, and to non-residents, their ordinary wearing apparel and trunk necessary to contain the same. AVhere the debtor, if the head of a familv has started to leave this State, he sliall have exempt only the ordi- nary wearing apparel of himself and family, and such other property in addition as he may select, in all not exceeduig $75 in value, which pro])orty shall bo selected by the debtor and ap])raised ac- cording to law ; but any person coming into this State with the in- tention of remaining shall be considered a resident within the meaning of the law. None of the exemptions prescribed in this cliapter shall be allowed against executions issued for the purchase money of the property claimed to bo exempt, and on which such execution is levied. The husband is the head of the family, the wife becomes so at his death ; a son having a motlier or sisters and brothers to sujiport, becomes also such head. 38 READY REFERENCE MANUAL. Limitations. — Actioiib for iujuriea to I jb person or reputation, or for statute penalty, must be brought within two years; to enforce a mechanics' lien two years; against a sheriff or other public officer three years ; those founded on unwritten contracts fire years, on written contracts ten years; those founded on judgment of a court of record, whether of this or any other of the United States or Fed- eral Courts in the United States, twenty years; notes are barred in ten years after date. To renew a note outlawed, it must be in writ- ing, signed by the payor ; endorsing a payment on a note by the holder, after the note is barred, will not renew it ; one not a payer, assignee or endorser of a note, who writes his name on the back of it, is a guarantor. A note taken by a purchaser after due, accepts it subject to all the original defences of its maker. Judc/rnevds dock- eted in the office of the clerk of the county become liens upon the real estate of the defendant. Justice Courts have jurisdiction to the extent of $100, and by agreement of parties, up to )?H00. A judgment in this court is good for ten years, and iilii.g same in Cir- cuit Court keeps it alive for twenty years longer; there is no appeal from a Justice Court when the amount is under $2.'). Indiana. — Exemptions to resident householders, of any prop erty they may select to the value of $600. This, however, only applies to debts founded on contract, express or im]^lied, entered into since May SO, 1879, and does not affect any laborer's or mechanic's lien, nor lien for the purchase money of the real estate exempted. Upon contracts prior to that date, the exemption is only $300. LniiTATioNS. — Accounts and unwritten contracts, six years; contracts in writing, judgments of courts of record, and for the re- covery of title or possession of real estate, tvienty years. Ileal Estate sold under power of sale, in mortgage or by an ex- ecution of the courts, can be redeemed within a year thereafter upon payment of all costs and ten per cent, interest. Deeds or mortgages att'ectiiig real estate must be recorded within forty-tive days ; they are good between the parties thereto, but not against another person. Kentucky. — A resident housekeeper with a family is entitled to exemj)tion from levy of any execution, attachment or trustee pro- cess, as follows : Two work beasts, or one beast and yoke of oxen, two cows and calves, certain farming utensils, and household furui EXEMPTION AND IJMITATION LAWS. 89 ture, Bible, books, provisiouB for family aud pioveuder for beastb, exempt, sufficient for one year ; mcchauics' tools of the value of $100, lawyers', physicians' and ministers' professional libraries of value of $500, sewing machine belonging to any spinster or other female. There is in addition to all of this under the Homestead Laws, the right to buy during solvency a homestead to the value of $1000. Limitations. — An action upon a judgment or decree of a court, (the period to be computed from the date of the last execution thereon) upon a recognizance, bond or written contract upon the official bond of any court officer, j^ersonal representative, guardian, etc.; upon a bond or obligation for the payment of money, and for the recovery of real estate, must be brought within fifteen years from the time the right of action accrues ; upon negotiable paper, or promissory notes negotiable, upon an account of trade between merchants, or for relief on account of goods sold under fraud or uiistake, within five years; for injury to person, etc., within two years; upon a merchant's account for goods sold within two years after the Ist of Januarj' next, after articles delivered ; for excess of interest paid over legal, one year. JauuIs sold under executh?). — There is one j-ear after sale, in which the defendant can, upon payment of the legal interest (six per cent.), redeem the same. The same time is given is cases of mort- gage sales. Louisiana. — Exemptions allowed includes a homestead, rural or urban, bona fide, owned and occupied by debtor, who may be the head of a family, or person having a mother or father, or person or persons dependant upon him or her for support ; also one work horse, one wagon and cart, one yoke of oxen, two cows, and calves, twenty-five head of hogs, or 1,000 pounds of bacon or its etpiivalent in pork, whether exempted objects be attached to homestead or not, and on the farm the necessary corn and fodder and farming implements, of the value of $2,000. Husbands home stead is not exempt, if his spouse has $2,000. Claimed exemptions iiujst be set apart and recorded as such. Exemptions do not apply where part of the debt is for pur<^hase money of the exempted home or articles enumerated ; or for labor or material furnished for build- ing or repairing the homestead property ; for liabilities incurred by 40 READY UEFEUENCE MANUAL. auy public ollicer, or fiduciaiy olKcer, or auy attorney-at-law for money collected or received on deposit, and for claims of taxes. Limitations. — One year bars innkeepers on account of lodging or board ; retailers of liquors ; workmen, laborers and servant for wages ; freight of ships ; and ijayment of officers and crew from completion of voyage ; supplies in construction or provisioning of a vessel; actions for injurious words, or damages ; for possession or title of land ; for delivery of merchandise shipped on vessels ; for damages sustained to merchandise from collision on vessels, lliree years bars as follows : — Money lent ; salaries of clerks, etc.; all open accounts, l^^'ivt, years bars : actions on notes, bills, and all instru- ments negotiable or transferable by delivery ; actions for rescission of contracts ; informalities growing out of auy public sale. Ten years bars : all personal actions in general ; judgments and stated accounts. Judgments. — From the courts recorded in the recorder of liens' office, is good for ten. years, and must then be revived by suit or reinscribed. Upon all goods or everything sold the seller has alien thereon, but the same is not good against a third person unless record- ed in the recorder of liens' office within six days after sale (it amounts to a mere noting of the article to whom and by whom sold and the price, credit and any other special conditions of the sale) ; Property sold for cash and not paid for in eight days, the seller can seize them wherever found. Maryland. — The following property is exempt from attach- ment and execution : Wearing apparel, books and mechanics' tools, not exposed for sale, and 55100 in value of other household or other property, to be selected by the debtor. Limitations. — All simple contract debts are barred by limitation after the lapse of three years ; Executions may issue any time within three years after rendering ; they live for twelve years ; but any subsequent payment or written acknowledgment of the debt from the defendant, revives the debt. Massachusetts. — Exceptions allowed under the codes of this Commonwealth are as follows : Clothing for debtor and liis family, $1100 worth of household furniture, necessary beds and bedding, ouo stove and $20 worth of fuel, one sewing machine, library not to EXEMPTION AND LIMITATION LAWS. 41 exceed $50 in value, oue cow, six sheep, one swine, two Ions of hay, tools, implements and fixtures necessary to the debtor's trade, to the value of $100, stock in trade to the value of $100, $50 wortli of jnovisions, a fisherman's boat, nets and tackle, worth not over $100, rights of burial, and tombs used as repositories for the defcd. Heads of families can own a homestead to the value of $800, which is not terminated by the death of the husband, or by the death of the wife or the removal of children. Limitations. — Ordinary debts, as open accounts, notes and bills, do not outlaw for six yearn ; A note signed in the presence of an attesting witness is not outlawed until the expiration of tiveiity years; (that is if said witnessed note remains in the hands of the original payee or his estate.) A court judgment does not constitute a judg- ment or lien upon a debtor's property unless a levy has been made, and does not outlaw for txoeidy years. Michigan. — rkemptions are as follows : (1) Real Estate, a homestead not exceeding in value $1,500, consisting of not more than forty acres of farm lauds, or one village, town or city lot. I'ersonal Property : Spinning wheels, loom, stoves used, seat in church, burial lots, arms required by law to be kept, all wearing apparel, all family pictures, library not exceeding !5l50 in value, tools, implements, stock apparatus, team vehicle, horses, harness or other things to enable a person to carry on his principal business, not exceeding $250 in value ; a sufficient quantity of food for six months for live stock exempt ; one sew mg machine ; to each house- holder ten sheep and fleeces, two (!ows, five swine, family provisions, and fuel for six months, and also all householders' goods and fur- niture not exceeding $250. Any chattel mortgage, bill of sale, or lien on exempt property, except tools of trade, is void, unless wife joins in its execution. Limitations. — Actions of contracts, wrongs, etc., must be brought within six years; slander and libel within two years; on open accounts, from last item charged, six years; on bonds, ten yean. New promises must be in writing. Actions relating to land must be brought within tioenty years; if right accrued since 1863, within fifteen years; by minors, j)erson8 insane, or employed on the high seas, etc., within fii^e years after removal of disability ; on 8 42 READY REFERENCE MANUAL. moit^'iiges, twe?itt/ years after due or last paj meut. All court of record judgments exists ten years; justice court judgments, six years; all judgments can be kept alive by renewal in the proper offices ; justice courts have jurisdiction to the amount of $300. Minnesota. — The following are the exemptions allowed: Fam- ily bible, family pictures, school books, or library, musical instru- ments for use of family, a seat or pew in any place of worship, a lot in any burying ground, all wearing apparel of debtor or faniily, all beds or bedding and bedsteads kept for and used for debtor and his family, all stoves and appendages put up or kept for use of debtor and his family, all cooking utensils and all household furni- ture not herein enumerated, not exceeding $500 in value ; three cows, ten swine, one yoke of oxen and a horse, or in lieu a span of horses or mules, 20 sheep and wool from same, necessary food for stock for one year, provided or growing, or both ; one wagon, cart, or dray, one sleigh, two ploughs, oue drag, and other farming uten- sils, including tackle for team, not exceeding $300 in value ; sawing machine, grain necessary for oue years' seed, not exceeding 50 bush- els of wheat, 80 bushels of oats, 30 bushels of barley, 15 bushels of potatoes, three bushels of corn, provisions for debtor and family for one years' support, provided or growing, or both, and one years' fuel, tools or instruments of any mechanic, miner or other person, used a. id kept for the purpose of carrying on his trade, and stock in trade not exceeding .$400 in value ; library and implements of any professional man, wages of any laboring man or woman, or minor children, not exceeding $20 due for services rendered during the ninety days preceding the issuing of the process ; all the presses, stones, type, cases, and other tools and implements used by any co- partnership, or by any publisher or editor of a newspaper, and in the printing and publication of the same, not to exceed $2000 in value, together with stock in trade not exceeding $400 in value ; homestead, not exceeding eighty acres of land, with dwelling house thereon, not included in the laid out portion of any incorporated town, city or village, or instead thereof, at the owner's option, land not exceeding one lot if within the laid out portion of any incorpo- rated town, city, or village having over 5000 inhabitants, or one half acre within the laid out or platted portion of any incorporated town, city or village having less than 5000 inhabitants, with the dwelling EXEMPTION AND LIMITATION LAWS. 48 houKe thereon and appiirfceuances. All money arising from insur- ance of any property exempted from sale or execution, when such proi)erty has been destroyed by fire. Limitations. — Actions for the recovery of real property must be br()ii<^lit within tweedy years; to foreclose a mortgage, fifteen ye<(rs; upon a judgment of the United States Court or any State or Territory, teti years; upon contract or other obligation, express or iinijlied, or upon a liability created by statute, other than upon a penalty or forfeiture, for trespass, for taking, detaining and injur- ing personal property, for criminal conversation, for injury to per- son or rights of another, not arising on obligation, for relief on ground of fraud, six years; upon action against sheriff, coroner, constable, upon official liability, upon statute of liability and for- feiture, three years; action for slander, libel, assault, battery, or false imprisonment, upon a statute of forfeiture or penalty to the State, two years; if, when cause of action accrues against a person, he is out of the State, action may be commenced within times herein limited, to the State. No acknowledgment or promise is sufficient evidence of a new or continuing contract, by which to take the case out of the operation of the statute, unless contained in writing signed; but the eft'ect of any payment of principal or interest is not altered. Judgments, executions from the superior courts may issue any time after rendering within ten years. Missouri. — Exemptions. A homestead occupied by the owner and head of a family, in cities of 40,000 (or more) inhabitants, a property not exceeding $3000 in value, and 18 square rods in size ; incorporated towns and villages of less than 40,000 inhabitants, not exceeding $1500 in value, and 30 square rods in size ; and in the country a farm of IGO acres, not exceeding $1500 in value. " Head of family " is very liberally construed. An unmarried man keeping house with his sister, has been held as such. All wearing apparel of the family and various other articles of personalty, cattle, etc., to the extent of about $400, are exempt. No property is exempt if debtor is about to leave the State, or is a non-resident, and no chat- tel is exempt from execution (when in purchaser's possession) upon judgment for the purchase price thereof. Limitations. — Judgments of court of record, twenty years; 44 READY REFERENCE MANUAL. actions ou notes and other written instrumentsof every kind, actions to recover real estate in possession or title claims, ten years; ac- tions on contract (express or implied) not made in writing ; actions on opon accounts dating from the last item on the adverse side, in case of mutual agreements or accounts ; actions for trespass on real estate: actions for taking, detaining, or injuring personal property; actions for relief on ground of fraud (dating from its discovery), within ten years after its commission, three years ; actions against pnlilic ofiiccrs for ofHcial misconduct or malfeasance; ac- tions for statutory penalties and forfeitures; actions for libel, slan- der, assault, false imprisonment and c?*fs may issue at any time within /jwe ijears; judg- ments are liens as follows: — Federal Courts against any lamls with- in the State; U. S. District Court, within the district, and county court judgments, upon all debtor's lands in the county; transcripts can be made filing any of them against lands owned by debtor in any part of the State. Justice jurisdiction, $100. New Hampshire. — The following property is exempt from execution or attachment : A homestead in value not exceeding $500, during the life of the wife or widow and minority of the children of debtoK ; necessary wearing apparel, beds and bedding for debtor, his wife and children ; household furniture to the value (selected by debtor) of flOO ; books and libraries to the value of )5200 ; mechan- ic's tools, etc., to the value of $100; provisions and fuel to the value of $50; a horse and yoke of oxen and four teas of hay; hog and pig, and pork of same ; six sheep, cooking stove and furniture, in- terest in pew and burial lot in cemetery ; sewing machine. Limitations. — Actions of trespass to persons, and for defama- tory words, may be brought within two years; all other personal actions, within six years; actions of debt upon judgments, recog- nizances and contracts under seal, may be brought at any time with- in twenty years after due. Judgments are a lien upon all real estate of the debtor within the county or district that they are issued within. Execution may issue any time within tioenty years from its rendition; justice and police courts have jurisdiction (except where real estate is involved) up to $100; in some cities their jurisdiction are extended to $300 or $500 ; one year is left open to redeem real estate sold under power of sale in mortgage or execution. EXEMFnoN AND LIMITATION I-AWS. 47 New Jersey — The cxomptions ttllowpil are as followH: A lionif'stcail, l)v (loiifoiijiing to the statutes for that purpose, the lot and buihling thereon, occupied as a residence and owned by debtor, being a householder and having a family, not exceeding in value $1000. All wearing apparel of debtor and his family, aiid Helected personality to the value of $200. No property is exempt from its identical purchase money. Limitations. — Actions for slander must be sued within tioo yearn; upon constable's bond and trespass to person, within Joitr yearn; all actions of general trespass, trover, detinue, and replevin, debts not founded on specialty, all actions of account, and on the case, within six years; actions on sheriflf's bonds, within nbie years; actions on specialties for payment of money or award under seal, or for rent or lease under seal, within sixteen years; on all court of record, or transcripts from other courts recorded, within tii^eiity years; part payment of any part of the debt, or a written promise to pay, will revive the outlawed debt. Absence from the State stays the running of the statute, except where plaintiff is a non-resident and the cause itself originated without the State. Judgments are only a lien after actual levy on the property; but they can be made a lien on real estate by docketing them in the Court of Common Pleas. Executions levied first, take precedence, although the last on record. Justice Courts have jurisdiction in cases of a civil nature, to the extent of $200. New Mexico. — Exemptions are as follows : Homestead, ac- tually occupied by head of family, not exceeding in value $1000 ; all necessary tools and implements, not exceeding in value $20 ; bibles, hymn books, food and provisions, not exceeding in value |!2£ ; and furniture under $10; wearing apparel, bods and bedding, and fuel for thirty days for debtor and his family. (This is, apart from the homestead, the barest in the United States.) Limitations. — Teii years adverse possession of real estate under color of title by possession or otherwise, bars all claims and suits whether of law or equity, except as to persons of unsound mind, infants, convicts, or persons beyond the limits of the United States. Action for recovery of payment for personal debts, must be commenced within o7ie year after the cause of action accrues. HJxecutions issue immediately after rendering of the judgment, and 48 UKADY UKFKUKNf'p] MANUAL. to (lilVenMit coiiiitifH, must l)e issued within one ytur or revived, or they bceoiue deud. New York.-- 'J'he followiiif,' property when owned by iihouse hohler, is exempt from levy iind siilo by virtue of an execution, and eiu'h moveable article thereof contiuues to be bo exeiujit while the family, or any of them, are removiu},' from one residence to another; all spinning wheels, weaving looms, and stoves, jtut up or kept for use in u dwelling house ; one sewing machine with its appurte- nances ; tlu' family bible, family pictures, and school books used by or in the family, and other books not exceeding in value .^50, kept and used as part of the family library; a seat or pew occupied by debtor or the faniily ; ten sheep with their fleeces and the yarn or doth manufactured therefrom; one cow, two swine, and the neces- saries of food for the same ; all necessary moat, tish, tlour, and the vegetables actually provided for family use, and necessary fuel, oil, and candles for the use of the family for sixty days ; all wearing apparel, beds, bedsteads and bedding, necesnary for the judgment debtor and the family ; all necessary cooking utensils, one table, six chairs, six knives, six forks, six Bi)oons, six j^lates, six tea cups, six saucers, one sugar dish, one milk pot, one tea pot, one crane and its appendages, one pair of andirons, one coal scuttle, one shovel, one pair of tongs, one lamp, one caudle stick, tools aiid implements of a mechanic necessary to carrying on of his trade not exceeding in value !?25. In addition to the above, necessary household furniture, work- ing tools, ami team, professional instruments, furniture and library, not exceeding in value $250, together with the necessary food for team for ninety days, are exempt when owned by a person being a householder or having a faniily for which he i)rovides, except when the execution is issued upon a judgment recovered wholly upon one or more demands, either for work jjerformed in the faniily as a do- mestic, or for the purchase money of one v)r more articles exempt as above stated. Where the judgment debtor is a woman, whether married or unmarried, she is entitled to the same exemptions and subject to the same exceptions. The pay and bounty of a non-com- manding officer, musician or private, in the militaiy or naval service of the United States, a land warrant, i)ensiou, or other reward granted by the United States or by the State for military or naval services, a sword, horse, medal, emblem, or device of any kind pre- EXKMi'TlON AND LIMITATION LAWH. 49 Hcritod us H toHtiiuoiiiivl fur HcrviceH rciuloicil in i\w inililaiy oruiival horvir*! «»f tlui United States, iiiul tlio iiniforui, iviiuh ami tMiuipnientH me alHO exempt. AIho tlio family buiying ground, not exceeding in extent one (juarter of au acre, and provided a portion of it has been aftmilly iised as a burying ground, and doew not contain any build- in;^' or Ktructur(>, ex<'ei)t one or more vaults or otlier places of deposit for tlie deiid, or mortuary monuments. A proper notice, Hubscril>ed, iickni.wledged and ))roved as a deed, ntating the location and pur- pose, must be duly recorded in the county where the land is situ- ated, lit least three days before the sale by virtue of the execution. ,\lso a homestead, not exceeding in value .*1()()(), occupied as a resi- deuce by ii householder, having a family, providtnl the claim for such exemption has been lihd in the otlice of the clerk of the county where the homestead is situated, in a book styled the *' Homesteiid Exem))tion Book." The same homestead exemption exists in favor of a married woman if oc<'Upied by her us a residence, under the same quulilicution and restrictions. In case of injury or destruction of the dwelling home, one year's grace is allowed. liiMiiA rio.Ns. — Actions by llic State, in respect to real property or its issues or profits, must in certain cases bi- brought within /oi'ti/ t/ears, and in other cases within (ire/iti/ years,' to recover real ]>rop- ertv by a party other lliun the IVople, on a sealed instrument or a jiidgmeiit or decree, within tiocnty yenrs; upon a contract liability, implied or I'Xpi'essed, exce})t a judginent or decree; upon a statutory liability, other than a [)eiialty or forfeiture; for damages for injury toprdperty of [lerson, except as hereinaftiM' mentioned; to estaidish a will; upon a judgment or dicree not of a court of record, within ■fix yeiirti. Against a sherilV, coroner, eoiistalile, or other otlicer for the 'loiipaynient of money collecteil upon execution; against aeon- stable by omitting or doingaii oHicial act other than escape; upou a statute of penalty or forfeituri' where the action is given to the person aggrieved, or to him and lliu State; against an executor, administrator or receiver, or trustee of an insolvent debtor; to re- cover damages for a personal injury resulting from negligence, within t/irec years. '1V» recover damages for liltel, slandi'r, assault, l»attery, false imprisonment; upon a statutory penalty or forfeiture, or against a sheriff or ofticer acting in behalf therefor of the State, within tino years; against a sheritF, coroner, fordoing an ofHcial act 50 READY REFERENCE MANUAIi. except as above provirled; against any officer for the escape of a ])risoner, arrested or imprisoned by virtue of tlio civil mandate, witliin one year. If a person, entitled to maintain an action, except for penalty or forfeiture, or against a sheriff or officer for escape, is at the time cause of action accrues withiji twenty-one years of age, insane or imprisoned, or taken in execution for less than a life sen- tence, the term of all limitations above enumerated maybe extended five years after time above specified; in cases of infants, one year after they become of age. All j)ayments of money on account or promises in writing from the debtor, takes the claim out of the operation of the statute. Executions may issue at any time within five years, and after that time on the application to the court for an order. North Carolina, — The exemptions allowed every resident of the State are as follows: A homestead not excecMling in value sjilOOO, t ) be selected by him; this right is a fee simple. !^50() in value of j)ersonalty in addition to the above, is exemj)t. The homestead cannot be conveyed or waived, except by full and voluntary con- currence of the wife, LiMiTATios. — Actions upon contracts, obligations, or liability arising out of contract, wherc^ the trespass is proved, upon real prop- erty, for taki?ig, detaining, or converting, or injuring chattels against sureties of an executor, etc., or sureties upon a bond or sealed instrument against bail, or for relief on ground of fraud, (including notes, bills and accounts) must be brought within three years. On bonds or notes under seal, actioTi is barred after ten years. Open current and oral accounts, from the date of last item charged is the rule. Promise to defeat the operation of the statute must be ^n writing signed by the debtor or his duly authorized representative. Executions are a lien on real estate, from the (bite of docketing the judgment. They may be issued any time within three years. Jus- tice Courts have jurisdiction upon contract debts (not real estate) to the principal amount of $200; in damages to the extent of |S50. Ohio, — The following are the exemptions allowed against ex- ecution or attachment claims : — Every widow and person having a family, holds as exempt, wearing apparel, household furniture, cow, &c., to amount of about $170, bibles, books, etc., and family pic- tures, sewing machine, knitting machine, tools and implements nee- EXEMPTION AND LIMITATION LAWS. 51 essary to carry on his or her trade or business not exceeding in value !?100 ; personal earnings of self, minor child or children, for three months next preceding the issuing of execution or attachment when necessary for support and maintenance of debtor's family ; specimens and cabinets of natural history or science, unless kept for shew or gain. A drayman, who is the head of a family, has his horse, harness and dray ; an agriculturist has one horse, a yoke of cattle, with necessary gearing, and one wagon ; a doctor has one horse, saddle and bridle and books, medicines and instruments [)er- taining to his profession, not exceeding $100 in value. Husband and wife living together, a widow or widower, living with an unmar- ried daughter or unmarried minor son, hold a family homestead to the value of $1000 ; or if none, $500 in value of personal property ; if either husband or wife own a homestead, the $500 exemption cannot be daitued. A.u unmarried woman holds exempt wearing apparel not exceeding $100, one sewing machine, and knitting ma- chine, and books not exceeding in value $25. Limitations. — Action against an executor on bond, save in special cases, must be commenced in four years ; for recovery of real estate, twenty one years; forcible eutx-y and detainer, or de- tainer only of real estate, tioo years; written agreements, contrac^t or promise, fifteeii years; contract not iu writing, express or im- plieil, liability created by statute, other than penalty or forfeiture, six years; trespass on real estate, taking, detaining of personal property, replevin, injury to the rights of plaintiff not arising on contract, and not hereinafter enumerated, and relief on ground of fraud, does not accrue until discovered ; for re.ief not hereinbefore specified, ten years. If the person entitled to bring suit be within the age of twenty-one years, a married woman, insane, imprisoned . persons, they have, after the disability is removed, iu the first class of real actions, ten years; in actions not in the first two classes of real action, the times hereinbefore sjiecified. If at, or after the time that the right of action accrues, defendant be out of the State, ab sconded or cout.'ealed, the statute does not run. In cases founded on contract payment thereon, or written acknowledgment thereof, or written and signed promise to pay, takes the operation of the statute to commence from such written promise, or the payment of money on account in like manner ; judgments of the court of Com- 62 READY REFERENCE MANUAL. inoii Pleas, are liens upon all the debtor's real estate within the county where rocorJetl. Transcripts from inferior courts may be filled in i like manner. Pennsylvania. — The exemptions allowed in this common- wealth, are namely: — Real or personal property to the value of .fSOO, to be selected by the defendant, and to be appraised by disinterested persons appointed by the officer executing the writ, and, in adtlition thereto, all wearing apparel, bibles and school books are exempt. In case of the death of a debtor, the widow and family are entitled to a similar exemption. A sewing machine belonging to a seamstress is also exempt. Debtors may waive their right of exemption, or by their absconding or commit ting fraud they deprive themselves of it. Limitations. — All actions on contracts, book accounts, notes and other instruments, not under seal, must be commenced within six years after the cause of action accrued. Actions for trespass to the person, within tmo years; actions for slander and libel, o)ie year. A debt may be revived from the operation of the statute bv a distinct oral or written promise to pay it, or by the payment of money on account of that debt. Judgments are a lien on all the debtor's reality within the county where rendered. All judgments issued the same day are equal as to right, regardless of the hour ; thf3y iire good for live years, and at the expiration of that period, may ba revived for dve years longer, anil so on for an indelinite pe- riod. Just lee Coicrts have jurisdiction outside of Philadelphiii county, in sums of $300 ; in rhiladelphia county only !$100 ; an ap peal is open where the sum involved exceeds $5.33. Rhode Island. — Exemptions allowed a debtor: Necessary wearing apparel of his family, uniform, arms, and e(juipmeut of mi litia men ; one pew in church, one burial plot ; working tools not exceeding in value $200 ; household furniture and family stores, not exceeding $300, of a house kv^eper ; books in use in the famil}', not exceeding .$300 ; ono cow and one and a half tons of hay, one hog, one pig, and tlio pork of the same, of a house keeper; m.iriner's wages until tormination of voyage; debts secured by bills of ex- cliango, and promissory notes; ten dollars of wages, except it be for necessaries; wages of debtor's wife and minor children. EXEMPTION AND LUriTATION LAWS. 53 Limitations. — Sm years on book accounts from lust item; 1)011(1 notes, judgments, scaled and unsealed l)ut written promises to ])ay, tineiity years. Judgments arc ikj lien unless levy in tlit! usual form is advertised and made. Justice jurisdiction is ^100. South Carolina. — Exemptions arc included in and area part of the constitution of this State, and provide as follows: — 'I'lie lu-ad of each family residing in this State shall have the right to a " family homestead," consisting'uf dwelling house, outluiildings, and lands, appurtenances, not exceeding in value •<;l,000 and the yearly pro- duct thereof, shall he exempt from attachinent levy, or sah- under any process issued from any court. The following 2>t'i'«<>'i;^l prop- erty is also exein2)t: household furniture, beds, bedding, family library, arms, carts, wagons, farming implements, tools, neat cattle, '■ work animals, swine, goats and sheep, not to exceed in value in till' aggri'gate the sum of ^500. Xo ])roperty is exempt from taxes, or the payment of the purchase money -therefor; the homestead is lint e\('m2)t from the payment of labor or money expended on im- provcnu'iit thereon; the income from the homestead is not exempt. Limitations. — All real actions, within ten years, except when Ipy the State, or jiersoiis claiming under the State, then, in such cases, tii-enty yeai;^. On foreign judgments, or upon sealed instruments otiier than sealed notes or jicrsonal bonds for the payment of money o]\\y, tirexty years. 'J'lie following, within six years : (1) on con- tract, express or implied, and upon sealed notes and personal bonds for the payment of money only; (2) on statutory liability other than jieiialty or forfeiture; (3) on trespass on real property; (4) for I'oiiveisioii, damage or recovery of personal pro2)erty; (o) for (•riiiiiiial (tonversion and personal tort notarising on contract; ((i) for relief on ground of fraud (the action dating from the cause thereof accruing). The following, within three year.^ : (I) an action against a sliorilT upon lialiility in his otHcial capacity; (-2) on statutory lia- l>ility, when action is given to aggrieved party. The following- wit hi n ^w ^/eanv .■ for libel, slander, assault, battery, or false im- pris(.iimeiit, and upon statutory forfeiture or penalty. All actions lor other relief, within ten years. Action upon an open aec^ouiit accrues from the last item charged thereon. If the l)arty entitled to bring action, or to defend an action for real property, is an in- taiit, insane, imprisoned, then action may b(^ brought or defended 54 READY REFERENCE MANUAL. after ten years, ami within five years, after the disahility has ceased. Ill all other actions, the time of disability is not counted, except that the time cannot be extended more than five years, by which reason such disability may be for infancy, and in such case the time will be extended to the period of one year after attaining of majority. Persons leaving the State forfeit the right of the operation of the statute. Judgments of all courts of record are a lien ui)on I'calty for ten years, from the date of docketing such judgments. Tennessee. — The following property is exempt from execution or attachment: — household furniture and goods to the value of $250; a homestead recorded under the statute as such in the name of the head of the familj'-, to the value of $1000; a horse, wagon and cart additional. A farmer has also a few farming implements, and what would be required for a year's support. LhMn'ATioNs. — The time to commence action on all kinds of commercial paper, is limited to six years from the last item on either side of an account, or from the date of maturity of a note or bill of exchange; the "book debt" law gives two years (this is an act that is practised by small traders, such as grocers, butchers and milk venders; they have a small account book that is for entering their daily deliveries, and are regarded as cash, ])ut for convenience are entered in what is styled the "book debt" way). Persons un- der disability to bring or defend actions, have two years after the disability has been removed. Judgments are not a lien upon per- sonal property until actual levy; upon real estate the judgment unless registered by abstract upon the deed register for the county, is not a lien ; after registration it is only good for one year. Justices of the Peack have jurisdiction upon notes to the amount of $1000; $500 on account. Texas. — Exem])tions allowed are : (I) homestead of a family not more than 200 acres in the country, and improvements thereon; in town or city or village, lot or lots, not exceeding $5000, at time of their designation as a homestead without reference to the value of the improvements thereon, except from forced sale or j)ayment of any debts, other than purchase money thereof or part of such })ur- chase money, the taxes due thereon, or for work or material used in construction of improvements thereon; (2) all household and kitchen furniture, all implements of husbandry, all tools or apparatus be- EXEMPTION AND LIMITATION LAWS. 55 loiwing to any tradesman or professional man; all books belonging to public or private libraries; five milch cows and calves, two yoke of oxen, two horses and one wagon, one carriage or buggy, one gun, twenty hogs, twenty head of sheep, all provisions and forage on iiand for home consumption, all saddles, bridles and harnesses neces- sary for the use of the family; and to every citizen not a head'of a i'ainijy, one horse, bridle and saddle, all wearing apparel, all tools, apparatus, and books belonging to his private library. Limitations. — (1) Actions affecting real estate must be com- iiH need within three, /jce, or ten years, according to the time of possession; (2) actions of tresi)ass to estate or person, detinue or trover, for taking away the goods and chattels of another; all ac- tions upon open account other than such accounts as concern the traile of merchandise between merchants, their factors and servants, sliall be sued within hco years after cause of action arose; (3) ac- tions for injuries done to the person of another, shall be commenced witliin one year; (4) actions upon debt in any contract in writing iimsi be sued withinyb^r years, next after the cause of action arose, and not after. .Ii'I)(;ments are a lien upon the lands within the county where such judgments are rendered by the courts of record, from the date of it being rendered; transcripts from outside counties are only good IVoni llieir iiling as a lien; execution must issue uj)on all judgments within one year from the first day that an execution could be issued; tlie judgn\ent can be kept alive for ten years. Justices have juris- diction to till' amount of ^200. An appeal is allowable in all cases over ;j!20. Utah. — The law allows the head of a family a homestead to the value of $1000, and personality to each member of the family of $250 ; along with household furniture, cooking utensils, wearing apparel, tools of mechanic or tradesman, farming implements, and live stock and fodder, and provisions and fuel. Limitations. — Actions respecting real estate, within sei'en years; written contracts or agreements, within four; for taking, detaining, or injuring goods or chattels, including an action for their specific recovery, three years; upon any oial contract or obli- gation, such as a store account, etc., two years. Jvdyment is a lien 50 READY REFERENCE MANUAL. upon real estate, if debtor has been a resident of the county in the territory where issued for two years. Vermont. — Exemptions from ex(3cutiou, attachment or trustee process, are as follows : Real estate kept and occupied as a home- stead, the dwelling and buildings thereon, not exceeding .$500 in value ; all rents, products thereof, necessary wearing ajjparel, house- hold furniture, bed and bedding used by family ; farming imple- ments to the value of $250 ; a yoke of oxen, ten sheep, all growing crops, three swarm of bees, 200 ttis. of maple sugar, fodder for one winter for exempted stock; professional man's library and furniture to the value of *200. LiMrfATioNs are as follows : All actions of account, assumpsit (except assumpsit on witnessed note) of debt, upon contract not uiuler sc:il, iixpress or im]»liod, or of debt on judgiiuMit port of a family in the State of Wisconsin for sixty days preceding the issu- ing of such process; and all engines, apparatus and e(iiiipments, in- cluding hose, hose carts, ladders, belonging in any wise to a city or EXEMPTION AND LIMITATION LAWS. 69 village, kept for the protection of property from tire, together with (lie engine liouses, hook and ladder houses, and the lots upon which tlic same are built. Limitations. — Actions upon judgments recovered in the courts (if record of the State, and on sealed instruments, wliere the cause of action accrues within the State, may he lirought within twenty ?/t!«?%s; actions on foreign judgnu'nts, or on sealetl instruments where the cause of action accrues without the State, within ten years; ac- tions on contract, obligation or liability, express or implied, for trespass on real property, for taking or detaining goods or chattels, or injury t(j the same, or injury to persons or riglits of others; for !( lid' on the ground of fraud, within six years; actions for libel, slander, assault, etc., "within two years; actions against a sheriff for the escape of a prisoner arrested on civil i>rocess, within one year; .idvcrse possession by a person claiming title founded upon a tleed or other written instrument or judgment where the land has been cither usually cultivated or improved, or where it has been protected liy a substantial enclosure, or where not inclosed it has been used lor the supply of fuel or fencing timber, or wlu're a known farm or hit lias been partly improved, for the period of tioo years; or adverse |M)sscssion by a ])erson claiming title not untb-rsome written (h'cree, jiidgmeiit or instrunu'ut, where the land has been protected by a siilistantial enclosure, the recovery of the real estate thus held, is liarrcd in tv^eiity years. Ji iKi.MENTS of the Superior Courts are liens upon all real estate of the debtor within the county, from the docketing thereof for ten years; transcripts from the lower courts, and from other counties, .ire liens from the filing of the certified co])y in the clerk of the Cir- I'uit Court. Mortffages may be foreclosed l)}'^ advertisement or by proceed- iiiiis ill <'ourtof ecpiity; the mortgagor has one year in which he can ivilrcm. .Justice Courts luxve jurisdiction, where land is not in- volved, to the extent of .$200 (the rigiit is claimed to try cases wlicrc the original debt exceeded $200, but the balance clainu'd hav- ing been reduced to the limit of i?200). Washington Territory. — Exemptions allowed by law: To iioiisoholders, a homestead not exceeding $1000; household furui- fiO READY REFERENCE MANUAL. tiire of viilue of $150; other property to equal amount; tools of mechanic and library of professional man of value of $500. liiMiTATioNs. — An action to recover title or possession to real estate, must be brought within twenty yeara. Debts on a written agrceriicnt or contract, within aix yce sold to the liighcst bidder, and if sold after 30 (lays is final; the mortgagee can by proceedings in equity foreclose itisteail of selling by auction, at will; by foreclosure jtrocess it reipiires at least six mouths. La.vds sold undeu tax on kxecution sales can be redeemed within one j'ear, upon payment of ten per cent interest and all costs. l!ut lands cannot be sold under an execution within a year after liling, and then upon three months notice by advertisement. Per- sonal j)roperty can be sold by the sheriff after eight days' notice after the taking oiit of the execution. Magistrates Courts ; The magistrates have only jurisdic- tion (iv(>r common disjtutes between mast|n>iiiliil liy the PioviiKrijil Att<»r?ii'y (It'iicrul, ;iiilii', l.irufly <){ a s(tui-rcli<;ioii.H kiml lu-arini; upon tlu' Ihwh of tii:irii;i!,'f, wills, tiixt's, i'<|iicati()ii, I'tc. Tlii' native iH'opJc ari> jeal- ous ol' tlii'ir (Mistorns ani't)missory notes, bills of exchange, foreign or inland, drawn for any sum or sums of money ceitain, and made payable to any person or order, or to any jx'rson and bearer, shall be negotiable by indorsement therein if payable to oj der, and by delivery if payable to bearer, so as to al)holiitatent right '' either written or printed in plain type or letters across its face. (This latter t'ondition upon a note, given for patent right, COMMERCIAL TArER. (10 in belt! by the courts of this State to be uucoustitutioual. The law of commou commorce the world over, is supposed to be founded upon justice and equity to all engaged in trade or com- merce. That ft patentee of a useful invention or device should bo compelled to suffer a cloud upon paper he might receive for the right to manufacture his invention or operate his device, because other worthless impositions have been unlawfully passed upon the public, seems to be too plain to need any answer, beyond a reason- able thought.) Minnesota. — The law of this State does not give its defini tion of negotiable paper. Liability of indorsers is fixed by protest and notice. Notice of protest must be made in writing, and such notice may in all cases be given by depositing the same in the post- offico, postage paid, and directed to the party protested against, at his reputed place of residence. Indorsers and makers may all be joined in case of suit at option of plaintiff. To charge an indorser of a demand note, note must be presented on or before sixty days from date. On all bills payable at sight, or at a future day certain within this State, and on all negotiable promissory notes, orders and drafts payable at a future day certain within this State, in which there is not an express stipulation to the contrary, grace shall be allowed in like manner as it is allowed by the custom of merchants on foreign bills of exchange, payable at the expiiation of certain period after date, or sight. Grace is not allowed on demand paper. No acceptance good unless accepted in writing. Missouri. — No acceptance of a bill of exchange is valid unless in writing, and if the acceptance is not written on the same jDiqier with draft it does not bind the acceptor, except in favor of a person who has seen such acceptance or taken the bill for value in good faith thereof. Promissory notes ])ayuble to order or bearer and ex- pressed so to be "for value received" are negotiable. .iMinwjes are allowed the holders of bills or negotiable pa[)er ( when not payee's) upoii protest thereof, as follows: — (1) When same are made or drawn in this State and protested foi* non-acceptance or non- payment, 4 per cent of the amount named iu the instrument; (2) when same are made or drawn out of the United States or Territo- ries, 10 per cent ; ( 3 ) when same are made or drawn out of the United States, 20 per cent. These sums are recoverable, but no 70 READY REFERENCE MANUAL. protest fees are cbargeable ; and, in case of paper made payable iu Missouri, may bo avoided by payment of the actual protest fees, the principal and interest within twenty days after such dishonor. A refusal to redeliver a bill, tenderetl for acceptance or its destruc- tion, is in law, the acceptance theieof. All bills, drafts, or orders, drawn upon a resident of thii^ State, and payable on its face " at sight " or " on demand " have no days of grace. Notice of dishonor must be proniplly given to iudorsers, otherwise they are discharged. Protest of inland bills and notes is not necessary, but is customary and advisable. Notes and bills falling due on Sunday or a legal holiday are payable and protestable the banking day previous. Con- ditions embodied in a note destroys its negotiability, such as: •' 5 per cent for attorney fees will be charged for collection."' Montana. — Same as Maryland, ( The Law of ^Merchant) Nebraska. — All bonds, promissory notes, bills, or oxchango, foreign and inland, drawn for any sum or sums of money certain and made payable to any person or order, or to any person and assigns, shall be negotiable by indorsement thereon, so as absolutely to transfer and vest the property thereof in each and every indorsee successively, but not so if such paper is drawn to any person alone and not drawn to or payable to order, bearer or assigns ; if such paper is made payable to bearer it shall be transferable by delivery. In- dorsee may sue in his own name the maker, drawee or obligar, etc. All such negotiable paper shall bo entitled to three days grace in the time of paj'nient; and the demand of payment from the maker, on the third day of grace, or of accej^tanco, if tho paper be a sight draft and notice thereof to the indorsor bo made within reasonable time, shall be adjudged due diligence. If paper is indorsed after due, it is subject to all defences existing between original parties, and if in- dorsed before due maker may prove any payments made on showing indorsee had notice thereof before paper was indorsed to him. Diaw- er or indorsei' shall be subject to the payment of 12 per cent damages if protested, when diawn upon persons or person or body corporate, without the jurisdiction of the United States, and G per cent if drawn upon any person within tho jurisdiction of the United States, and without tho jurisdiction of Nebraska. New Hampshire.— Promissory notes, bills of exchange, drafts and checks are generally negotiable by indorsement and be- COMMERCIAL rAPER. 71 fore clue are in the hands of a bona fide holder for value, clear of all equities or set-oflf between the original parties. Notes payable on demand are by the statute considered overdue in sixty days from date. Overdue notes are negotiable, but are subject to existing ecjuities between original parties at time of transfer. By the decis- ion of the Supreme Court of New Hampshire all names upon a note, whether upon the face or on the back, before its negotiation, are holden as promissor. The maker and indorser of a note are all re- garded as principals as far as the holder is concernetl, and he may elect which to sue. He may sue them all, but can have but one sat- isfaction of the debt. Demand and notice of non payment are nec- essary to fix liability of an indorser. The bona fide holder of a note indorsed and transferred before maturity for value, and without notice of illegality, takes it free from all defences between the oriy- inal parties. Forged notes, notes signed by an agent without authority, or by an infant, or an alien enemy in time of war, are ex- ceptions to the above rule, but a married woman can, like an infant, only rescind her contracts upon restoring the property received under them. New Jersey. — Bills of exchange or promissory notes are goveinc'd by the Law Merchant, or common law. All drafts, except those on baidcing institutions, have three days grace. Drafts and notes due on a legal holiday, are payable on the banking day previ- ous : notice of non-paj'ment to be given the day after. But if a legal holiday ( other than Sunday ) should happen on Snndaj' or Monday, hills are payable on Tuesday, and the notice may be given on Wednesday. Notices may be given by mail in all cases. All holi- days falling on Sunday, the day is held to celebrate on IVIonday. New Mexico. — Makers, indorsers, payees, guarantors of bills of exchange or promissory notes, have the same rights, and are sub- ject to the same liabilities, as at connnon law, except no days of grace ai(! allowed. Paper falling due on Sunday or on a legal holiday, is payable on the next banking day thereafter. Notes, bonds, due bills, and all instruments in writing, of which the maker promises to ]'ay to another, or order, or bearer, a sum of money in property or labor, are assignable by indorsement. New York. — Bills of exchange (foreign), drafts, checks, and promissory notes payable to the order of maker or the order of an- 72 READY UEFERENCE MANUAL. otlior or tliiij part}', are negoLiiihlo by iudorHeiiient. The delivery of a note payable to bearer is a transfer at law. Three days grace is allowed on all ])apor of time. Inland sight drafts and demand notes have no grace. Paper maturing on Sunday or upon a legal holiday is payabU; the day previous if a banking day. Protest cer- tificate is lawful evidcjue in any court of non-payment or non ac- ceptance. Notices must be immediately mailed to all indursers to bind them with maker. North Carolina. — Bills, bonds, and promissory notes, &c., are transferable by indorsement. Such assignment befoie maturity passes title free from all equities. But assignment after maturity is subject to the equities arising between debtor and assignor, be- fore notice of assignment to debtor. An indorser of a note i«> deemed a surety ; and no demand on maker is necessary before suit against surety or indorser. This does not, however, apply to bills of exchange, inland or foreign. Protest of notes not necessary to hold maker. Protest is necessary on all bills to hold drawer, and is necessary on all bills to hold indorser. Unless otherwise ex- pressed in the body of note, all notes with no rate of interest stipu- lated, will bear interest at the legal raie, after maturit3% until paid. Ohio. — Bonds, promissory notes, foreign or domestic bills of exchange and checks for any sum certain, payable to any person, or order, or bearer, or assigns, are negotiable. Tliey are entitled to grace, if payable at day certain after date, or after sight, excepting checks, bills of exchange or drafts, on their face drawn on any bank, banker, broker, exchange broker, or banking company ; and such ex- cepted paper need not be protested for non acceptance, or notice given of non-acceptance. The indorsement of a stranger to a note before delivery nuikes him a maker, indorser or guarantor ; unless so in- tended by the parties, a negotiable instrument given for a pro exist- ing debt does not pay the debt. Paper falling due, by last day of grace, on Sunday or a public bank holiday, is due and protestable tho banking day preceding. Pennsylvania. — Promissorj' notes, bills of exchange, drafts and checks, are generally negotiable by indorsement, and if they contain the words "without defalcation" or "without set-oft"" are, in tho hands of a bona iide holder for value, clear of all equities or set -oil' between the original parties. Overdue notes are not uego- COMMER TAL TAPEB. 78 tiable, but are subject to existii equities. By tbe decision of tbe Supreme Court of Pennsylvaii ., wbere a note is indorsed by a third party, before delivery to j. ;yee named in it, such indorser is not responsible to the payee, uul hs he agreed in writing to guaran- tee tbe note to payee. He takes the j^osition of second indorser, and as sucb is responsible only to subsecjuent holders. The Su- preme Court of the United States, however, has decided that such indorser may be responsible to the payee, and if the latter be a res- ident of another state lie could, tuerefore, recover on such a note ill the United States Courts. Tli<- holder of a promissory note may bring suit against the maker, or any one of the jirior indorsers, or he may bring separate actions against all, at his pleasure. He can have but one satisfaction. Either protest or actual notice of non- payment is necessary to hold the indorsers responsible, but neither is necessary to hold the maker. Any promissory note or negotiable instrument given for a patent right must have the words " Given for a i)atent right " prominently written or printed over the signa- ture, and such note in the hands of any purchaser or holder is sub- ject to the same defences as in the hands of the original holder. But an innocent holder of a note taken before maturity without tliose words in it is not aft'ected by such defence. But it is a mis- demeanor to take, sell or transfer any promissory note or negotiable instrument, known to have been given for a patent right, without those words so written or printed over the signature. Rhode Island. — Promissory notes and bills of exchange ne- gotiable or iudorsable, according to the custom of merchants which follows the Law of Merchant ; all time paper and sight drafts have three days grace. To hold indorsers must be protested ; in- dorsers, are then held as joint makers. South Carolina. — Foreign bills of exchange and promissory notes are negotiable. If amount of bill is more than $100, endorser is not liable unless protested for non-payment. All bills of ex- change payable at sight, whether foreign or domestic, are entitled to three days grace. Interest to run from date of protest for non- payment or non-acceptance. Tennessee. — Statute law the same as common law, with few minor exceptions. The holder can sue maker, drawer, acceptor, or 74 HEADY IlEFERENCE MANUAL. either imlorscr, without reforence to liability on the note or bill. IJill of exchange drawn or indorsed in Tennessee, drawii upon a person or corporation out of the State, and returned unpaid and pro- tested, payee may recover from dr.awer or indorsers, besides pro- test fees, princijKil and interest, damages as follows : — three per cent, if drawn on person or corporation within the U. S. or Terri- torii'S ; lifteen per went, if drawn upon any person or corpor.ation in any other part of North America or Islands lying in or border- ing on the Gulf of Mexico ; twenty per cent., if drawn on jtersons or corporations in any other part of the world. Texas. — Assignment fully recognized. Assignee m.ay bring suit in his own name. If obtained after maturity, all just discounts against assignor allowed against assignee ; not so if obtained before maturity for a valuable consideration, and without notice of dis- count or defence against the note. The liability of the drawer of a bill of exchange, or indorser, or the indorser of a promissory note, is secured and fixed, Avithout protest or notice, by suit at first term of court (See Illinois) after right of action accrues. When amount is within the jurisdiction of the magistrates' court, the same may be sued within sixty days tliereafter. Three days of grace allowed on all negotiable paper, including siglit drafts. Utah. — Ilegulated by Law ^Merchant. Vermont. — Promissory notes, bills of exchange, drafts, and checks, with negotiable words, are negotiable in conformity with the rules of general Mercantile Law, and in the hands of any bona fide bolder of value, becoming such before maturity, are clear of defences, good between original parties, without words to that ef- fect. An indorsui' who is not a party \^ prima facie joint promissor — and if there are sureties, co-surety, if he so indorse after deliv- ery of note, and not in pursuance of any contract made at time of delivery, upon his showing the fact he will be lield prima facie, as collateral guarantor, and as such entitled to reasonable notice of de- fault of principal. If a note so indorsed be negotiated, and the en- dorsee would hold such guarantor as joint promissor, the burden of proof is ujjon the former toshowhimself6cwa/«f?e holder of value. It is the duty under heavy penalty, of vendor of patent right, or right claimed by him to be such, who takes any promise or obligation in writing of which the consideration, in whole or part, is such right, COMMERCIAL PAPEn. 76 to insert in body of sucli instriinK'Ht above signature, in prominent iuid lc<,'ible writing or print, the words " Given for a patent right," and such instrument is subject in any hands to all defences good between original parties ; such instrument is not rendered void by omission of above required words, but is good in hands of biyita Jkle holders of value, who takes it before maturity and with- out notice. When paper falls due on a legal holiday or Sunday, it is payable and protestable the banking day preceding. Time paper has three days grace. Sight and demand paper no grace. Paper dis- counted at a bank or banking house or trust company, and made payable at a bank or certain place, and if left for collection or dis- fountcd at such bank or banking Louse or trust company's place, tlie i)ayor need not l»e notified, but if the paper is made payable at no certain place and the payee assigns it, the assignee must noti- fy the payor or any other creditor of the payee could attach by trustee or execution the same by serving a trustee upon the payor thereby depriving the assignee of his claim. Virginia. — The law of Virginia in regard to commercial pa- per recognizes the negotiability of all foreign bills of exchange, but provides that only " every promissory note" or check for money jiayable in this State, at a particular bank, or at a particular office thereof for discount and deposit, or at a place of business of a sav- ings institution or at a place of business of a licensed broker, and every inland bill paj^able in this State shall be deemed negotiable. Promissory notes not payable as above may be transferred, and if not jiaid when due may be sued on by the holder, but any oflFset or matter of defence which the maker would have against the note may be set up in action ])y such holder though he was an endorsee. Bills of exchange, both foreign and inland, may be accepted gener- ally (even though drawn on a particular place, when the bill must be presented to the acceptor wherever he may be ) or specially pay- able at some particular place. All time and sight paper payable at banks, etc,, have three days grace. Notes or bills falling due on Sundays or legal holidays are payable the banking day preceding. Wyoming Territory. -Same as Rhode Island, follows the Law Merchant. Wisconsin. — All notes in writing made and signed by any person or corporation, or by an agent having general or special au- 76 READY REFEIIENCE MANUAL. tlioi'ity, and certificates of deposit issut'i] by iiiiy iktsoii or corjx)- ration and payalde to order or bearer, arc iiej^otiable as inlaiuJ bills of exclmuge, upon which throe days grace are allowed, except notes and drafts payable on demand. Notes given for patent rights must contain in the body of the note, above the signature, in prom- inent and legible writing or print, the words " Given for a patent right." Notice of protest by notary nuist be made and delivered, l)y mail, to each person entitled to such notice. All paper falling due on Sunday or a legal holiday is payable and protestable the day of banking previous. Washington Territory.— Same as Rhode Island ; the Law of Merchant. West Virginia. — " Every promissory note or check for money payable in this State at a particular bank or at a particular office thereof for discount or deposit, or at a place of business of a savings bank or institution, and every inland bill of exchange payable in this State, shall be deemed negotiable." Bills of exchange, though payable at a particular place, will be deemed accepted generally, unless the accej^tance express it is to be payable at some particular place " only." Promissory notes other than those mentioned may be transferred and the holder may sue on them, but he takes such notes subject to such set-offs as the paj'ee may have against the payment at the time. There is no protest necessary on the latter class or upon any bills or notes. A written notice, however, is cus- tomary, but it is for courtesy more than law. DOMINION OF CANADA. Province of Ontario. — Three days grace are allowed upon all bills of exchange, promissory notes, drafts, including sight drafts ; demand notes and drafts are payable on demand, and if not so paid are protested. Protest fixes the liability of all indorsers and the holder if for value before maturity is free from all defences between the original payee and payor. The only defences that can be maintained are : notes that are given by a minor, forged, or given for gambling. The courts in the latter have expressed a doubt, if the holder had no positive knowledge of it. Paper maturing on Sunday is due the next day. l*aper maturing on a holiday (except COMMERCIAL PArEU. 77 Gootl Friday, and ChristinaH) is duo and protestable the same day if a businesH day ; paper falling duo on Good Friday and Christ- inaH, is payable the next business day. Upon othcir holidays, the banks keep the wicket open for payment '* only of bills maturin<{.'* Notes given for patent rights, must state upon the face, " Given for patent right." Bills Stami) Act has been abolished. Province of Quebec. — Bills of exchange and i)ro::iis8ory notes are, when i)ayable to bearer, negotiable and transferable, the tirst by indorsement, the latter by delivery. The protest fixes the liability of every iiidorser as a joint maker, only that if sued and judgment given, the sheriir may give, at his privity, ineferenco to the indorsers. Indorsers are relieved if the holder grants extension for payment by accepting the maker's note, and the protested old notes as collateral, without notifying the indorsers. Three days grace are allowed upon all time and sight i)aper. Bills falling due on Sunday or holidays are payable the next banking day. Nova Scotia. — Same as Quebec. New Brunswick.— Three days grace are allowed for the payment of all sight and time paper. Every kind of commercial paper must be protested to hold indorsers, unless guarantors who, in indorsing a note or bill, check or draft, write in their own hand, above their signature, " I (or we) guarantee the payment hereof." Protest notice from a notary of the public mailed the same day to all indorsers, fixes the liability upon them all alike. Paper falling due on Sunday or legal holiday is payable the day following. Prince Edward Island.— Same as New Brunswick. Manitoba. — Same as Ontario. Only no condition restricting patent right notes. Northwest Territories.— Same as Ontario. Except no patent right condition. British Columbia. — Same as Ontario. Except no patent right condition. PART IV— CHAPTER I. Interest Ijaws of eacli State and Territory of the United States and tli(> Provinces of Canada. Alabama. — Eight per cent, per nunum is the legal interest; a higher rate (except by licensed pawnbrokers) is usurj', and cannot be collected. Arizona. — Persons can contract for whatever rate of interest they see fit. 7 per cent, is the rate allowed by law where no inter- est is specified. Arkansas. — Agreements to pay any rate is lawful under 10 per cent., over that rate non-collectable. The legal rate is G i)er cent, per annum. California. — See Arizona. Colorado. — AVhere no interest is agreed upon the rate al- lowed by law is 10 per cent. Connecticut. — Six per cent is the legal rate ; more can by agreement be lawfully collected. Dakota. — Seven per cent, is the legal rate ; 12 per cent, can be charged by agreement. Higher rate act as a forfeiture of all interest. Delaware. — R'^^ per cent is the legal rate (except to pawn- brokers). Any chai jaads either by discounts or otherwise that exceeds this rate, fc.ieits both principal and interest. District of Columbia. — Ten per cent. ])y ar veement ; 6 per cent, where no . ate is stipulated. If more than these rates are charged the penalty imposed is the forfeiture of all interest. Florida. — Eight per cent, is the rate by law where no rate is stipulated. Agreements by parties no matter what amouni If duress cannot be set up, is collectable at law. Georgia. — Six per cent, allowed by the courts ; 7 per cent, upon all commercial paper ; 8 per cent, under mortgage or bond or such like agreements. INTEREST LAWS. 79 Idaho. — From 10 per cent, per annum upwards to 2 per cent, per mouth is lawful. Higher rates are illegal and impcses a pen- alty of treble the amount charged to be deducted from the princi- pal amount. Illinois.— See District of Columbia. Indiana. — Six per cent, is the legal rate. By agreement 8 per cent, can be collected. Excess of these rates, the law provides that the legal rate alone will be allowed (6 per cent.) Iowa. — The legal rate is 6 per cent, per annum. In contracts as high as 10 per cent, can be collected. Store accounts bear 6 percent, after the last item charged on the bill, if not paid within six months. If more than 10 per cent, is exacted and not in writing, it subjects a forfeiture of double the amount received. Kentucky. — Six per cent, rate allowed by statute. If more charged it can be recovered back. Louisiana. — Five per cent, is the legal rate. By agreement 8 per cent- If embodied in principal and discounted under certain conditions, the courts will admit it; if more than legal limit is sought to be collected by agreement or otherwise, subjects the whole interest to be forfeited. Maine. — See Connecticut. Maryland.— See Kentucky. Michigan. — The legal rate is 7 per cent, per annum. Ag^-eed upon as high as 10 per cent. All charges in excess of these rates can be recovered back. Minnesota.— See Michigan. Missouri. — Same as Iowa, only jx-nalty of forfeiture goes to the public school fund. If it has been paid, it cannot be recovered back. Montana.— See Colorado. Nebraska. — Same as Michigan, only the penalty for usury is forfeiture of all interest. New Hampshire.— Six per cent, is the legal mterest. More charged in any way is not collectable, and forfeits in addition to the excess, all interest agreed to be paid. 80 READY REFERENCE MANUAL. New Jersey. — 3ix per cent, is the lawful interest. In excess of tbis amount it cannot bo collected, and if collected can be sued for and recovered back by the party paying the same. New Mexico. — Where no interest is stipulated, G per cent, is allowed. Any rate charged by agreement is lawful and collectable. New York. — Six per cent, is the legal rate of inteiest. For charging more than this, a penalty of forfeiture of all the principal and interest is imi)Osed. North Carolina. — See New Jersey. Ohio.— Six per cent, is the legal rate of interest. When agreed upon 8 per cent, can be charged. All charged in excess of these rates can be recovered back with costs. Pennsylvania. — Six per cent, is the rate allowed by the Courts in all cases of Chancery funds or moneys paid into Court, or where no rate is stipulated, and is left to the Courts to fix. AVhere interest in excess of this rate has Ijeen jiaid, the party paying the same, if he institutes proceedings at law against the receiver, within six months, can recover the same back with costs. Savings banks and build- ing societies are by special provisions in their charters permitted to loan at higher rates. The conditions that such charters usually con- tain, are that they can loan to mechanics and tradesmen near the value of their homesteads, and spread the repayment of the same ( See Clark's interest tables ) over many years in instalments that include principal and interest. Rhode Island.— See Connecticut. South Carolina. — Seven per cent, is the legal rate. All in- terest charged in excess of thi;-' rate is recoverable back and it is at the discretion of the court to impose a penalty of forfeiting all the interest paid. Tennessee. — See New York. Texas. — Eight per cent, is the legal rate. Twelve per cent, per agreement. A.11 paid in excess subjects the forfeiture " all interest. Utah. — Ten per cent, is the lawful rate of interest. Agree- ments in writing for more are Collectable. Vermont. — Six per cent, is the legal interest. Savings backs are allowed to collect 6 per cent, semi-annually. Interest can be es- INTF.nEST LAWS. 81 timated uijon interest, when the same accrues by uon-payment when clue ; G per cent, discount is legal in banks. Virginia. — See New Jersey. Wyoming. — See Texas. Wisconsin.— See IMichigau. Washington Territory.— See Utah. West Virginia. — See Pennsylvania, except that excess can be recovered at any time within five years. CANADA. Province of Ontario. — Interest allowed lit law upon Court funds { unless a lower rate is stipulated in writing) is G per cent. Any late can be charged in mortgages, bonds or other agreements stipulating interest, if the rate is printed or written in plain readable iiiiinner so that the person or pei'sons agreeing to pay the same is not in any respect deceived. If otherwise the whole principal and interest is forfeited. Banks are now limited to 7 per cent., and it is usury over that amount. Quebec. — Six per cent, is the legal rate of interest. Agree ments admit of any rate under the same rules as Ontario. New Brunswick, — Six per cent, is the lawful rate of interest, but agreements for more are valid, in conformity of the same rules as in Ontai'io. Nova Scotia. — Six per cent, is the legal rate. Seven per cent under agreement upon real estate security. Ten per cent, on per- sonal property. The same rules as Ontario as to interest being in- serted plainly. British Columbia. — See Ontario. ( E.Kcept banks are not re- strivted.) Manitoba and Northwest Territories.— See Ontario. PART v.— CHAPTER I. Arrest for civil debts. Alabama.— There is no imprisoDment for debt. Arizona. — Same as California. Arkansas. — The same as California, only that a good and sufficient bond with two sureties is required from complainant for security against damages, iu case of wrongful arrest. California. — Defendant may be arrested in civil actions of contract arising within the State ; also when embezzlement, fraud, false pretences in obtaining credit, concealing of property or dis- posing of the same to prevent his creditors from recovering their claims ; wrongful conversion of personal property, with a view of defrauding his creditors. Colorado. — The same as Alabama. Connecticut. — The same as in force in California, only a pro- vision is made under the statute, for an immediate examination within four days thereafter; also there is a "Poor Debtor's Oath.'' The law exempts any person so arrested to the amount of money or personal eflfects to the value of $17. Dakota. — The same as the laws of California, except that all debts upon which arrest orders can be procured from the courts must be under contract in writing. Delaware. — The same as Maryland. District of Columbia. — No arrest can be made in the Dis trict of Columbia, except in cases of well grounded evidences of fraud. Plaintiflf must show that debtor is about to clandestinely leave the District, by some actual performance on the- part of such debtor, such as having disposed of his goods in part or whole, or advertised himself in his conversation to some reliable ijerson. as intending to remove from the District ; that he has been removing, shipping, concealing, or otherwise conniving by secret contrivance to dispose of his visible property and for the express purpose of evading the just and honest payment of his debts : upon such ARREST FOR DEBT. 83 evidence being esta' lisbed, the judge of any of the superior courts may issue or cause to issue warrants of commitment for such debtor; iu all such arrests, an immediate hearing is stipulated. Florida, — The same as Alabama. Georgia. — If a personal demand can be made by the creditor upon the debtor in presence of credible witnesses, to produce the property, and the debtor refuses to do so, or give a satisfactory reason for not doing so ; and that evidence can be shown that he is about to Hee from the State; in such cases and upon the affidavits of such creditor and witnesses as aforesaid, the judges of the circuit court will grant warrants of personal arrest. Idaho. — Same as in New Mexico. Indian Territory. — There are no collection laws in this ter- ritory; the United States Court for Western Arkansas has juris- diction of the criminal laws. Indiana. — The same as the District of Columbia, only that no woman can be arrested for debts ; and the prisoner has the right to go with the officer to the nearest Justice of the Peace and make oath that he is not absconding or concealing or disposing of his property, as alleged ; the making of such affidavit implicates him tor perjury in the first degree, and in such case he could be brought back by extradition from any other State, in case that it could after- wards be substantially proved that he so committed perjury. Iowa. — Same as Indiana. Kansas. — Same as Arkansas. Kentucky. — Where a debt is due, and proof of concealment, fraudulent disposition, or the removing of the property out of the State, a warrant of arrest can be issued against the body of the debtor. Louisiana. — Any person a resident of the State, absconding or having left the State and again found within the State, without leaving sufficient property to satisfy the payment of his debts, may be arrested and held for examination and vrial for fraud. This does not however apply to females or residents of other States or foreigners. They are supposed not to get credit : if they obtain credit by false pretences, they ai liable for jiunishment under the penal laws. 84 HEADY REFEUENCE MANUAL. Maine. — Tbo same as Califoiui.-i, except tbat the debt must be 810 or over. Debtor bas tbe riybt of cliscbargc by takiug the poor debtor's oatb. Married womeu cauiiot bo arrested for debt. Widows and spinsters can be. Massachusetts. — Absconding from tbe State, wbere a judff- ment of tbe court amounting to •^2() or over, bas been found, and tbe debtor is bebeved to be evading by conceabnent or otberwise tlio satisfaction of tbe same : Warrants of arrest can bo procured, and tbe debtor arrested and bckl for examination, and if be docs not satisfactorily clear tbe cbarges alleged in tbe complaint, be may be kept in custody until be eitber pays tbe debt or proves to tbe court bis innocence. Maryland. — Same as District of Columbia. Michigan. — Persons wbo by tbeir profession, business, em- ployment, agency or fiduciary position wbereof neglect, miscon- duct, misapplication or fraud bas deprived or defrauded any person or 2)ersous in sucb capacity ; all actions of replevin, trover, tres- pass, arising upon contract; removal of property out of jurisdiction of tbe court, wbere tbe cause of action is laid ; concealment of prop- erty ; attempting to or disposing of bis property witb tbe intention of preventing bis creditors from obtaining tbeir just rigbts ; wbere credit bas been obtained by fraud, pretence, misrepresentation of any kind ; wbere by strategy and scbemes bas circumvented tbe execution of writs of tbe courts for judgments of lawful debts; iu all tbe foregoing warrants of arrest can be procured. Married wo- men are exempt from arrest in all civil cases. Minnesota. — Tbe same as Alabama. Missouri. — Tbo same as Alabama, Nebraska.— Tliere is no law tbat empowers arrest for civil debts. Cases coming under tbe criminal law are punisbable by penalties of fines and imprisonment. New Hampshire.— Same as Connecticut, except tbat the debt is limited to §13.33. No female can be arrested for debt ex- cept under (iontract. Tbe time is not limited to four days, as in Connecticut, for trial or examination, but a reasonable time is al- lowed. New Jersey. — Same as Micbigan. ARREST FOR DEBT. 85 New MexicO.^ — Debtor owinpf to any oiio person !^50 or over and attempting to abscond from the territory ; or has abscondeil and is at any time found within the territory, temporary, can be ar- rested upon a warrant sworn out by the person or his authorized agent or attorney. Plaiutill' must furnish sureties for protection against wrongful arrest. New York. — To recover damages, a fine or penalty : injury to property or person ; breach of promise ; fraud, deceit, wrongful taking, detention, conversion, concealment, fraudulent disposition, misapplication, embezzlement, clandestine attempts or removal of goods, absconding from the State, warrants or writs of arrests can lie jn'ocured. All persons such as bankers, broker?, attornyes, agonts, engaged in fiduciary positions, or enq^loyed therein, are held to be guilty of grand larceny, under a special Code. All per- sists ill a Re2>res6}itative Cajniclty as heir, legatee, executor, ad ujinistrator, devisee, next of kin, assignee or trustee, cannot be ar- rested, but for his own personal acts or when connivance with the person or persons guilty of the wrong-doing is proved. All inhiors under 14 years of age are privileged persons in the opinion of the courts. North Carolina. — See Illinois. Ohio. — See Michigan. Pennsylvania.— Causes for arrest are limited to fraudulent contracts, either oral or written, in payment of money ; misappro- priating trust moneys ; concealment with intent to defraud ; actions for .slander, libel or personal injury. There is no law to deprive the citizen of his liberty in civil debts otherwise. The followers of Penn respect that text of the constitution of this great re- public, viz: — " iVt> state shall make or enfoice any lavi which shall uliridffc the privileges or immunities of citizeyis of the United Utiites ,• nor shall any state dejirive any jierson of life, liberty, or property nHthont due process of law ,' nor deny to any person \fHhin it>i jurisdiction the equal protection of the laio." Rhode Island. — In actions of trover, dete?dion, tres})ass, absconding debtors, fraud, concealment and similar causes, civil arrest can be resorted to. Tennessee. — No arrest or imprisonment for civil debts in any form. 8G READY REFERENCE MANUAL. Texas. — Same as Tennessee. Utah Territory. — Same as Dakota. Virginia. — For absconding debtors onlj'. West Virginia. — See Nebraska. Vermont. — Arrest of defendant can be made in all actions in form ex dilecto (from the crime.) Not subject to arrest in actions in form ex contracto (out of contract), except upon the affidavit of the creditor, his agent or attorney, that "he has good reason to be- lieve, and does believe that the debtor is about to abscond or re- move from the State, and has money or other property secreted about his person or elsewhere to an amount exceeding $20 ; " or hus money in his hands in a fiduciary capacity, and refuses to pay it over. A person not a citizen of the State or of the United States may be arrested in any action for debt. Wyoming Territory. — See Iowa. Wisconsin.— See Illinois. Washington Territory. — Same as New Mexico. DOMINION OF CANADA. Province of Ontario. — Imprisonment for debt throughout this Province is of every day occurrence. There is established a court in each district, which embraces a few townships, or parts thereof, and towns, called a Division Court ; this court has a clerk and bailiff appointed by the Provincial Government, and the county judge (who is appointed by the Dominion Government for life or good behavior) holds court every month, or quarter, as the business requires ; this court has jurisdiction over claims not exceeding $200 of contract, and $100 without contract. This court is called the " Poor Man's Court." Claims where judgments are issued invaria- bly do not amount to $5 ; the defendant debtor has the right to de- fend himself in this court without counsel, thereby enjoying the gracious liberty of his own court, to be snubbed and silenced by full-blooded luminary of a Judge. The cost of this " Poor Man's Court " will in 75 per cent, of the cases tried ahd executions issued amount to a third of the debt, and the remaining 25 per cent. to as much as the debt. If the bailift' returns " no goods," the victim ARREST FOR DEBT. 87 is served with a judgmeut summons to appear before the judpfe at the next court; failing to obey, be will be committed to jail, and by appearing usually is ordered to pay so much per week, or on neglect to obey, will be taken to jail. Ca2>ias can be obtained from the Superior Court judges to arrest any debtor absconding, where the debt amounts to $100. Province of Quebec. — The same as in Ontario, only that a (^iipias can be obtained for ii520 or over. No capais can be procured for a debt contracted between the parties in another country. New Brunswick. — Same as Ontario, only amount where a capias can issue is limited to $20 instead of $100, as the least sum ; unmarried women can be arrested for debt in Supreme and County ( ourt claims. In Ontario no woman can be arrested for debt. Nova Scotia. — The same as New Brunswick. Manitoba. — See Michigan (U. S. A.) British Columbia.— See Ontario. Northwest Territories.— See New Mexico (U. S. A.) Prince Edward.Island.— Same as Quebec. BANK HOLIDAYS— UNITED STATES. January^lst. — In Alabama, Arkansas, California, Colorado, Connecticut, Dakota, Georgia, Idaho, Illinois, Indiana, Iowa, Kan- sas, Louisiana, Maine, Maryland, Michigan, Missouri, Nevada, New Jersey, New York, North Carolina, Tennessee, Texas, ITtah, Ver- mont, West Virginia, Wisconsin and Wyoming. January 8. — Anniversary of the Battle of New Orleans. — In Louisiana. February 14. — Mardi-Gras. — In Louisiana. Fe' ruary 22.— Washington's Birthday. — In Alabama, Cali- i'oinia, Colorado, Connecticut, Dakota, Georgia, Idaho, Illiuois,Ken- tucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Min- nesota, Missouri, Nevada, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Texas, Utah, Virginia, Wisconsin and Wyoming. March 2. — Anniversary of Texan Independence. — In Texas. 88 HEADY REFEIlENf'E MANUAL. March 4. — Fircmeiis' Auuiversaiy. — In New OiloiUiH, Louisi- ana. April 21. — AuTiivei'Hary of the Battle of San Jacinto. — In Texas. Good Friday. — In LouiHiana, Maryianil and Pennnylvania. April 26. — Memorial Day. — In Georgia. May 30. — Decoration Day. — In California. Colorado, Con nectifut, Dakota, Iowa, Illinois, Kannaa, Kentucky, MassacliusettH, Michigan, Nevada, Now Hanip.shir(s New Jersey, New York, Ohio, Oregon, Peiinsylvania, llhodo Island, Vtah, Vermont, Wisconsin and AVyoming. June 1. — Labor Day. — In Oregon. July 4. — Indejiendeuce Day. — In all the States except Ne- braska. September 2. — Labor Day. — In Colorado, iMassachnsetts, New Jersey and Kew York. November 5. — General Election Day. — In California,Dakota, Kansas, Maryland, Missouri, New Hampshire, New Jersey, New York, Ohio, Oregon, South Carolina and Wisconsin. November 28. — Thanksgiving Day. — In all the States and Territories (in Nebraska there l)eing no statutory holidays, it is not a legal lioliday, but is observed). Christmas. — In all the States and Territories, in a like man- ner to Thanksgiving Day. ntate Fast Days. — When appointed by the proclamation of the governor in each State and Territory. Arbor Day.— In Idaho and Kansas, the day being set by the governor ; and also in llhode Island, but it does not affect the p.ay- ment of notes in II. I. Saturdays after 12 o'clock.— In New York. DOMINION OF CANADA. January 1. — New Year's Day. In all the provinces. Good Friday.— In all the Provinces. May 24.— T)ie Queen's Birthday. In all the Provinces. READY UEFEUF.NCE MANUAL. 8'J June 24. — St. JoLu'h Dny. Id (Quebec. July 1. — Doiniiiiou Day. In all the Provii)ces. Thanksgiving Day.— As appoiutitl by the Governor in each I'rovince. Christmas Day.— In all the Provinces. Notes. — In the Province of Ontario and other provinces it will bo noticed in the laws of their banking, they keep open on HOiue of the holidays, for the receiving of payment of bills but transact no other business. Saturday afternoon in the city of Toronto is ob- served from about May fust to November first, by nearly all the wholesale houses, manufacturing establishments, banks, and larger retail merchants, aa a half holiday. This is not a law, but a business custom. The Canadian Banks are all chartered corporations, owned and operated through officers by stockholders. They require to deposit a certain amount with the Dominion Treasury in acceptable govern- ment bonds or other securities approved by the Finance Minister at Ottawa, whereupon they are authorized to issue their own notes and receive deposits to a certain proportionate amount under the " Do- minion Ijauking Act." The Government issue notes that are called "Legal Tender " and all the specie. All the " one's, two's and four's " are Government notes ; the rest of the legal tenders are in larger denominations. Many persons in the United States mistake the notes of the Dominion Bank for the Dominion of Canada notes. The former is a chartered corporation the same as the Bank of Mon- treal. These institutions of Canada are in many respects very well managed institutions, although not regarded as the best banking system for a country; such institutions as the Bank of Montreal, Im- perial Bank, Bank of Commerce, Dominion Bank and MoIsgij's, are unquestionably as well managed as any corporations of the k nd in any part of the business world. CHAPTER II. PART 1. Coiiiinerriiil Travelers' Licenses ; where reqiiiretl in the United States ami Provinces of (^anatla. PART II. Thc^ dnties upon all ordi- nary and staple merchandise aocordinf? to tlie U. S. TarilF or to 1k> col- liH'ted upon goods comin;? into the country of Foreign nianufiuture or production, and the same per Canadian Tariff of Customs upon their enteriiifj; ('anada. PART 111. Fishery Treaties anrl the actions of the Unitt'd States (lovernment and flreat Britain re>j;ardin>; the same, since the treaty of Paris, 1775 U) 1889. PART IV. Neutrality I^Jiws of Na-' tions. PART I.— CHAPTER II. Commercial Travelers' Licenses. Alabama. — There is no State law other than municipal bodies are empowered to regulate by by-laws of their own ; some towns in the State charge as high as $100 per annum. Arizona. — No license required. Arkansas. — No license required. Connecticut. — No license required. Colorado. — No license required. California. — Cities and towns are empowered by statute to pass their own by-laws fixing the same, if they choose. San Fran- cisco taxes as follows : $100 per quarter year, if business aggregates $90,000 ; $60, if $50,000 and up to $90,000 ; $40, if over $20,000 and up to $50,000 ; all under $20,000, $25. Dakota. — No license required. Delaware. — $25 per annum. There is no license issued for a part of a year. District of Columbia. — All non residents must pay $200 yearly. Hawkers that sell haberdashery within the District are re- quired to pay an annual license fee of $100. Idaho, Illinois, Indiana, Iowa, Kentucky, and Kansas collect no license fee. COMMERCIAL TRAVELERS* LICENSES. 91 Louisiana.— Charges a State tax of $25 per month, and the parishes and cities can at their option collect an additional tax ; New Orleans collects $50 per annum. Maine, Maryland, and Massachusetts require no license. Michigan has a State license of $25 per annum, but it is ob- solete. New Jersey, New York, New Hampshire, and Ne- braska charge no tax of any kind upon salesmen. North Carolina.— Charges a state tax of $100 per annum and municipal licenses are left optional. Ohio, Pennsylvania, and Rhode Island require no license. South Carolina.— Cities and incorporated towns and villages can by by-laws enforce a tax. Some towns fix it at $10 per annum. Tennessee.— A State tax of $10 per week or $25 per month is collected. Texas. — Any wholesale firm or person or company paying $200 can have as many travelers as they chooae within the State for the license year. Utah, Vermont, Virginia, West Virginia, Wyoming Territory, Washington Territory, have no license law either State or otherwise. DOMINION OF CANADA. Ontario has no license upon regular commercial men, but the " Hawkers and Pedlars Act " is in force throughout the Province. The taxes vary all the way from $5 per annum up to $200. Quebec.^Three Rivors, St. Johns, Sorel, and Quebec collect a municipal tax under the Provincial Statute. Nova Scotia has an optional municipal law like Ontario. The city of Halifax collects a fee of $50 per annum. New Brunswick, Prince Edward Island, Manitoba, British Columbia, and Northwest Territories have local municipal laws taxing travelers, hawkers, pedlars and circuses, en- forced as the different cities, towns and townships deem expedient. PART II.— CHAPTER II. United States and Canadian Dnties on Importations. Animals FOR BREEDING ruBPOSEs, U. S. duty, -free. " " " " Canada duty, - " Animals for other purposes, U. S. duty, 20 per cent. " " " " Canada duty, -..20 " " Ale, porter or heer in bottles, U. S. duty, 35 cents per gal " " " in bottles, Canada duty .18 " Ale, porter and beer, (in casks), U. S. duty, 20 cents per gal. " . " " " (in casks), Canada duty, ---.10 " " Books and charts, (new), U. S. duty, - - .25 per cent. " " " " Canada duty, 15 " " Books, (for colleges, public libraries and scientific instruction and benevolent purposes U. S. duty, free. Books, (for colleges, public libraries and scientific instruction and benevolent purposes), Canada duty, free Boots and shoes, leather, U. S. duty, 35 per cent. " " " leather, Canada duty, -25 " " Brass or bronze, manufactures, U. S. duty, 45 per cent. " " '• manufactures, Canada duty, -30 " " Carpets, (hemp or woven), U. S. duty, - - 45 cents per sq. yd. and 35 per cent, advlm. " (hemp or woven), Canada duty, - 25 per cent. Carpets, (tapestry printed), U. S. duty, 30c. per sq. yd. and 30 per cent, advlm. Carpets, (tapestry printed), Canada duty, 25 per cent. Carriages and wagons, U. S. duty, 35 per cent. " " " (under $100 in value) Canada duty, 20 per cent. " " " (over $100 in value) Canada duty, 35 per cent. Chinaware, U. S. duty 65 per cent. Canada duty, 35 " " Chinaware, (gilded and decorated), U. S. duty .60 per cent. " (gilded and decorated), Canada duty, 30 " " DUTIES ON IMPORTATIONS. 08 China, clay, Canada duty, free, CifiARS, CUKB00T8 AND 0IGARETT8, U. S. duty, $2.50 per ftt. and 25 per cent, advlm. CiiiAKs, CHEROOTS AND ciGABETxa, Cauadu duty, $2.00 per Ih. and 25 per cent, advlm. Clocks, U. S. duty, 35 per cent. " Canatfe duty, 35 " u Clothing, (in part or all wool), U. S. duty, 40c. per ft), and 35 per cent, advhu. Clothing, (in pp.rt or all wool), Canada duty, 30 per cent. Clothing, (linen), U. S. duty, 40 '" " " (linen), Canada duty, 35 u « Clothing, (silk or its component), U. S. duty,.. 50 " " " (silk or its component), Canada duty, 35 " " Clothing, donations to charitable and benevolent institutions, U. S. ^^"^7' - - free. Clothing, donations to charitable and benevolent institutions, Can- at'aduty, free Coal, coke, (bituminous), U. S. duty, 75c. per ton. " " Canada duty, 60c. " Coal, (anthracite), U. S. duty, free. " " Canada duty, n Corals, (cut or manufactured), U. S. duty, 75c. per ton. " " " Canada duty,.. free. Cutlery, (table, etc.) U. S. duty, 35 per cent. " " Canada duty, 25 " " " (plated and costing under $3.50 per dozen is charged in Canada 50c. per dozen, and 20 per cent, advlm. Cutlery (pen and jack knives), U. S. duty, 50 per cent. " " Canada duty, 25 per cent. Diamonds SET, U. S. duty, ..25 " '• " " (these are included in jewelry, or precious stones un- der the Canadian tariff and the duty is, (see jewelry.) Diamonds, (and precious stones unset), U. S. duty, 10 pfr cent. Canada duty free. Efiects, (household furniture used by any person for one year), U. S. duty, free. Efiects, (household furniture used by any person for one year), Canada duty, free. 94 READY REFERENCE MANUAL. Enoravinos, U. S. duty, 25 per cent. " Canada duty, 20 " " Furniture, U. S. duty 35 " " " (including burial caskets), Canada duty, 35 " " Furs, (manufactured), U. S. duty, .20 " " " Canada duty, 25 " " Gilt AND PLATED WARE, U. S. duty, 35 " •' Canada duty, .30 " Glassware, U. S. duty, 45 " " " Canada duty, -.30 " " Gloves, (kid), U. S. duty, 50 " " " Canada duty, 30 " " Gold and SILVERWARE, U. S. duty, 45 *' " " Canada duty, .20 " " Gold BRONZE LEAF, Canada duty, 30 " " Grain and Provisions and Dairy Products: — U. S. duty on wheat, 20c. per bushel ; Canada duty, 15c. U. S. duty on rye, 10c. per bush.; Canada, 10c. per bush. U. S. duty on barley, 10c. per bush.; Canada, 15c. per bush. U. S. duty on Indian corn, 10c. per bush.; Canada, 7^c. per b. U. S. duty on oats, 10c. per bush.; Canada, 10c. per bush. U. S. duty on rice, 2ic. per &.; Canada Ic. per tb. U. S. duty on hay, per ton, $2 ; Canada duty, 20 per cent. U. S duty on butter, 4c. per !b.; Canada, 4c. per ft. U. S. duty on cheese, 4c. per ft.; Canada, 3c. per ft. U. S. duty on beef and pork, Ic. per ft.; Canada, (see Animals.) U. S. duty on lard, 2c. per ft.; Canada, 2c per ft. U. S. duty on milk, 20c. per gal.; Canada, 30 per c. ad valorem. U. S duty on hops, 8c. per ft.; Canada, 6c. per ft. U. S. duty on honey, 20c. per gal.; Canada, 3c. per ft. U. S. duty on mackerel, Ic. per ft.; Canada, Ic. per ft. TJ. S. duty on herrings, Ic. per ft.; Canada, 50c. per cwt. U. S. duty on salmon, Ic. per ft.; Canada, Ic. per ft. ' U. S. duty on fish in oil, 30 p. c; Canada, 30 p. c. ad valorem. Guns, U. S. duty 25 per cent. " Canada duty 20 " Hats, (after various patterns and compositions) U. S. duty 20 " DUTIES ON IMPORTATIONS. 96 Hats, (after various patterns and compositions) Canada duty not defined. Hats, (trimmed with feathers, silk ribbons, etc.), U. S. duty 50 per cent. " (trimmed with feathers, silk ribbons, etc.), Canada duty 25 " Iron Pig and Scrap, U. S. duty $6.72 per ton " «• Canada duty 4.00 " Iron and Steel Manufactures or Raw, iron or steel blacksmiths' hammers and sledges, track tools, wedges and crow bars, 2^ cent per ft>. U. S. duty ; Canada duty, 1 cent per lb. and 25 per cent, ad valorem. Iron or steel rivets, bolts, with or without threads or nuts, or bolt- blanks, and finished hinges or liinge-blanks, 2^ cts. per lb.; Canada duty, 1^ cts. per lb. and 30 per cent, ad valorem. Iron ou Steel Car Axles, parts thereof, axle-bars, axle-blanks, or forgings for axles, without reference to the stage of manufac- ture ; 2j^ cts. per ft. U. S. duty ; Canada $30 per ton and 30 per cent, ad valorem. Horhe Shoe Nails, galvanized or not, U. S. duty, 4 cts. per ft.; Canada duty, 1^ cts. per ft. and 30 per cent, ad valorem. Screws Commonly Called Wood Screws, two inehes or over in length, (5 cts. per ft.; Canada duty, 6 cts. per ft.; one inch or over in length but not over two inches, 8 cts. per ft., U. S. duty ; Canada duty on the same, 8 cts. per ft.; over one-half inch and not over one inch, 10 cts. per ft., U. S. duty ; Canada duty for every size under one inch,ll cts. per lb.; less than one-half inch, U. S. duty, 12 cts. per ft. Iron or Steel Railway Bars, flat and punched, one cent per ft. U. S. duty ; Canada duty $6 per ton. Cut Tacks, brads or sprigs, not exceeding 16 ounces to the 1000, U. S. duty 2 J cts. per 1000 ; Canada duty, 2 cts. per 1000 ; exceeding 16 ounces to the 1000, U. S. duty, 3 cts. per ft.; Canada duty, 2 cts. per ft. Boiler Tubes, or flues, or stays, of wrought iron or steel 3 cts. per ft.; Canada duty, 15 per cent, ad valorem. Other lorought iron tubing, U. S. duty, 2^ cts. per ft.; Canada duty, 15 per cent. 9(5 UEADY ukfei;ence manual. Iron c)R Steel Kails not weighing over 25 lbs. to the ya' d, U. 8. duty, uine-teuths of one cent per tl».; Canada duty (sieel only), free. Cot Nails and spikes, of iron or steel, one and one quarter cts. per fl)., U. S. duty ; Canada duty 1 ct. per ft>. Whoitout Iron or Stkkl Nuts, washers, spikes, etc., 2 cts. per ft>., U. S. duty ; Canada duty, 1 ct. per tt>., and 25 per cent, ad valorem. LocoMOTivEH, Steam Engines, Mill-Ikons, luill cranks, anvils, wrought irons for ships, forgings of iron or steel for vessels, or parts thereof, weighing 'each 25 II is. or more, U. S. . Opium pre- pared for smoking, and other preparations of it deposited in bonded warehouses, shall not be removed therefrom for export- ation without payments of duty, and such duties shall not be re- funded by the United States. Canada duty on all opiums used for drugs,. $1.00 per 11). " " usee' for smoking, 5.00 " " Paintings, (foreign) U. S. duty 30 per cent « Canadaduty 20 " " Works of an American artist while abroad, free. " " Canadian " " " ..'. " Picture Frames, U. S. duty 35 per cent. " " Canadian duty 35 " " Photograi'hs, U. S. duty .25 " " " ( finished pictures ), Canada duty 20 " " Upon all dry plate, " " 15 cts. per It). " " " " advlm. duty additional 20 per cent. Prints and Engravings, U. S. duty 25 " " " " " Canada duty 30 " " Printing presses, Canada duty 10 " " l)UnES ON IMPORTATIONS. 99 rriuted music sheets, Caiiadn duty 10 ots. per !b. Advertised bills, tickets etc., Canada duty 15 " " " An advlm duty on the latter two, (Canada) of 25 per cent. Pipes and Cioah Holders, U. S. duty 70 " " « " " " Cauadaduty 35 " " TIuhheb, ( in manufactured state ), IT. S. duty 26 *' " " " " Canada duty 25 " '* In unmanufactured state, U. S. duty 25 " " " " " Canada duty free. Rubber braces, webbing, etc. U. S. duty : . - 35 per cent. «« " " " Canada duty 25 " " Rubber worsted, with silk, cotton and manufactured into goods, U. S. duty 50 " " .Saddf-es AND Harness, IJ. S. duty 35 " " " " " Canadftduty -..35 " " Shawls, ( silk ) U. S. duty - 50 •' " " Canada duty 30 " " Camels' hair or wool, U. S. duty 35 cts. per ft). and advlm. 40 per (lent. Camels' hair or wool, Canada duty 35 Silk Dress by the Piece, U. S. duty 50 " " " " " Canada duty . 30 " " Sewing Machines, U. S. duty 45 " " " " Canada duty $3 each and an advlm of 20 " " Statuary, (marble manufactures), U. S. duty 50 " " " Canada duty 35 " " Marble mantels, etc., Canada duty 15 " " Marble in blocks sawn on more than one side, Canada duty 26 per cent. Marble ordinary from the quarry, Canada 15 " " Spirits, Brandy, Whiskey, Gin, and Rum, U. S. duty . . $2 per gal. Brandy, Canada duty 2 " " Whiskey, Gin, Rum, Canada duty 1.75 " " Sugar, (all under "No. 13" Dutch Standard x^*^^ ^- per ft). U. S. duty. All above " 13 " and not over 16, 2.^th c. per ft.. Over 16 and up to 20, Ic. per fl^. Canada duty, S'ig'ir for r^jfioiaff jiurpoccs,' under "14"lc. per ft).; when' not for tefiniug purposes, the same grade Ic. loo UUADY U£FUU£NC£ MANUAL. per 111. luul 30 per cent, advlm ; all over the Htonilnrd of " 14" 1 J c. per tt». ttiid 36 pr-r vxmi. atlv'Iiii. Svuup ANi> MoLAMHKH, luuler 50 (lugreoH polariacope luenHuro, V. S. duty 4<'>. per gal. Over 5ose v^hatever. In 1819 the act (59, Geo. III., Cap. 38,) was passed by the Engiisli Government for the due execution of the provisions of the convention. Acts for similar purposes and modelled after the act of the home government, were passed by the colonial legislature, as follows : 1836. — An Act relating to the fisheries and for the prevention of illicit trade in the province of Nova Scotia, and the coasts and harbors thereof. [Note. — For the information of the unitiated of Canadian gov- ernmental history, what are now called the provinces of Nova Scotia, New Brunswick, Quebec and Ontario were under separate govern- luent until confederation of the provinces in 1866. Their acts of I'arliament were the same as the -acts of Parliament^now enacted in the Dominion Parliament at the present time. Consequently these acts that I am noticing were the same as federal acts of Parliament, 108 READY REFERENCE MANUAL. bnoauso the governor-general, the head of the governments, was ap- pointed by the home government, in a like manner as they appoint governor-generals for the whole Dominion at the present time. Therefore, the legislation passed by the provincial legislatures now, can be vetoed by the Dominion Parliament, being subordinate to it, while the Dominion is subordinate to the home government. — The Author.] 1843. — A.n Act relating to the fisheries, and for the jM-evention of illicit trade in Piino() Edward Island and the coasts and harbors thereof. 1853. — An Act relating to the coast fisheries, and for the pre- vention of illicit trade. — New ]ii iinswick 16, Vic, Cliap. 69. 1862. — Of the coast and deep-sea fisheries. — Nova Scotia, 25 Vic, Chap. 94. 1866. — An Act to amend the same, 29 Vic, Chap. 35. 1868. — An Act respecting fishing by foreign vessels, 31 Vic, Chap. 61. 1870. — An Act to amend the same, 33 Vic, Chap. 15. 1871.— An Act further to amend, 34 Vic, Chap. 23. 1886. — An Act further to amend the same, 49 Vic, Chap. 114. All of these from 1866 were passed by the Dominion Parliament and under the whole of these the British and colonial governments en- forced the treaty of 1818, and iirotected the inshore fisheries of the British American colonies. From 1818 to 1851, fifty-one United States fishing vessels were seized, of which twenty-fire were condemned and twenty-six released, either by the Admiral commanding or by order of the courts of Vice-Admiralty. The offences for which seizures were made and penalties im- posed during this period were : 1. Fishing within the limits set forth in the convention of 1818. 2. Preparing to fish. 3. Purchasing and bartering bait and supplies. 4. Being in harbors and bays when not necessary for shelter and rex^airs, or for obtaining wood and water. The vigorous enforcement of the provisions of the convention, led to negotiations between the United States and Great Britain, which ultimately resulted in the Reciprocity Treaty of 5th of June, 1'IHIIEIUE.S TREATIES. lUU 1854. The clauses of this treaty, relating more especially to the iiuheries, are ub follows : THE TREATY OF KECIPROCITY. Article I. "It is agreeil by the high contracting parties, that in addition to the liberty secured to the United States tishernien by the above lueutioued Convention of 20th October, 1818, of taking, curing and drying fish on certain coasts of the United Kingdom's British North American possessions therein defined, the inhabitants of the United States shall have, in common with the subjects of Her Britannic Majesty, the liberty to take fish of every kind, except shell-fish, on the sea coasts and shores, and in the bays, harbors and creeks of Canada, New Brunswick, Nova Scotia, Prince Edward Island, and of the several islands thereunto adjacent, without being restricted to any distance from shore, with permission to land upon the coasts and shores of those colonies and the islands thereof, and also upon the Magdalen Islands, for the purpose of drying their nets and cur- ing their fish; provided, that in so doing they do not infftfere with the rights of private property, or with British fishei lun in the peaceable use of any part of the said coast in their occupancy for the same purj^ose. " It is understood that the above mentioned liberty applies solely to the sea fishery, and that the salmon and shad fisheries and all fisheries in rivers and the mouths of rivers, are hereby reserved exclusively for British fishermen. '* And it is further agreed that in order to prevent or settle any disputes as to the places to which the reservation of exclusive right to British fishermen contained in this article, and that of fishermen of the United States contained in the next succeeding article, apply, each of the High Contracting Parties, on the application of either to the other, shall within six months thereafter, appoint a Couimis siouer. The said Commissioners, before proceeding to any busi- ness, shall make and subscribe a solemn declaration that they will impartially and carefully examine and decide, to the best of their judgment, and according to justice and equity, without ftar, favor or affection to their own country, upon all such places as are in- tended to be reserved and excluded from the common liberty of 110 HEADY nEFEUEN(!E MAND.VL. fishing uuder Uub nnd tlie next succeeding article ; and such dec- larations bhall be entered on the record of their proceedings. Tiie Commissioners nhall name some third person to act as an arbitra- tor or umpire in any case or cases on which they may themHoIves differ in opinion. " If they shoukl not be able to agree upon the name of such third person, they shall each name a person, and it shall bo deter- mined by lot which of the two persons so named shall be the arbi- trator or umpire in cases of dill'erences, o)- diHagreeuiont between the Commissioners. The person so to bo chosen to be arbitrator or umpire, shall before proceeding to act as such in any case, nuike and subscribe a solemn declaration in form similar to that whi(!h shall already have been made and subscribed by the Commissioners, which shall bo entered on the record of the proceedings. "In the event of the death, absouce or incapacity of either of the Commissioners, or of the arbitrator, or umpire, or of their omitting, declining or ceasing to act as such Commissioner, or arbi- trator, or umpire, another and different person shall be appointed, or named as aforesaid, to act as such Commissiouerj or arbitrator or umpire, in the place and stead of the person so originally appointed, or named as aforesaid, and shall make and subscribe such declara- tions as aforesaid. " Such Commissioners shall proceed to examine the coasts of the North American Provinces and of the United States embraced within the provisions of the first and second articles of this Treaty, and shall designate the places reserved by the said articles from the common right of fishing therein. " The decision of thcs said Commissioners, and of the arbitrator or umpire shall be given in writing in each case, and shall be signed by them respectively. The High Contracting Parties hereby sol- emnly engage to consider the decisions of the Commissioners con- jointly, or of the arbitrator or umpire, as the case may be, absolute- ly final and conclusive in each case decided upon by them or him respectively." Article II. " It is agreed by the High Contracting Parties that British subjects shall have, in common with citizens of the United States, the liberty to take fish of every kind, except shell-fish, on the eastern FISHERIES TnEATIEH. Ill Bea coaHts ttiul hIioioh of tlio Uuiteil Statos,nortli of tliiit.y-Mixtln,;}(tth) piuiillel of uorth liititude ami on the BhoroB of tlie buvorul islaiulH thereuuto adjacoiit. ami iji tlie bayH, harbors ami crocks of tho Haiil Bea coasts and slioros of tlio United Statos, and of the naid islands, without being rest'icted to any 'iatance from the shore, with per- miBsioii to land upon the said coasts of the United States, and of the islauda aforesaid, for the purpose of drying their nets and curing their fish, provided in bo doing they do not interfer.i vith tl e rights of private proi)erty, or with the fishermen of the United Statos, in peaceable use of any part of said coasts iu their occupancy for the same purpose. " It is umlerslood that the above mentioned liberty a2)plieB solely to the sea fishery, and that salmon and shad fisheries, and all fisheries in rivers and mouths of rivers are hereby reserved ex- clusively for fishermen of the United States without uiterferonce."' A Commission, comiiosed of M. H. Perley, Esq., on behalf of the British Government, and John Hubbard, Esq., on behalf of (he United States, was engaged from 181)6 till 18(!0 in determining the places (71 in numb( r) to which the exclusive right of fishing under the first and second articles of the Treaty above. The Reciprocity Treaty continued in force from 1854 until 18()G, when it terminated, after twelve months' notice therein pro- vided had been given by the United States Government. Efforts were made by Canada and Great Britain for its renew al, but failed, and as a consecpience of such failure, the American privileges under it lapsed and the Convention of 1818 the Canadian government assume revived. Upon the termination of the Reciprocity Treaty on the 17th of March 1800, Viscount Monclc, Governor General of Canada " Province of Canada," issued the following proclamation : — PROCLAMATION. Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, &c. To all whom these presents shall come, or whom the same may concern, Gueeting : Whereas, a certain Ti'eaty was made between Her Majesty and the United States of America, on the 5th of June, 1854, providing for reciprocal trade ; and whereas the United States of America 112 READY REFEHENCE MANUAL. have, ill ;i<('((i(liiiici' witli tlu' Icrins (tf said 'I'rraty, givoii iiotiff I'ltr the tcriniiiatioii tluTi'of; and wlnTeaH, in conHcquoiict' of hiicIi nuticc tilt! Haid Treaty will expire on liie ITtli day of March, IHCO; And wliereas, under tho said Treaty, many jterHonH, eitizeiiH of the United States of America, havo invested moneys and fitted out ships for the purpose of carrying on the (insiiore tra(U') fisiieries within tlie territory of C'ana awarded for the extension of tlie (isliery jjiiviliges herein meiitioiiod, and after sitting over live months awarded the sum of S.'),.')()0,000 to Ix; paid to the government of England by that of the United States. 116 READY REFERENCE MANUAL. they will impartially and carefully examine and decide the matters referred to them to the best of their judgment, and according to justice and equity ; and such declaration shall be entered on the record of ilioir proceedings. "Each of the high contracting parties shall also name one person to attend the Commission as its agent, to rej)resent it generally in all matters connected with the Commission. Article XXIV. "The proceedings shall be conducted in such order as the com- missioners appointed under Articles XXII and XXXIII of this treaty shall determine. They shall be bound to receive such oral or written testimony as either government may present. If either party shall oiler oral testimony, the other party shall have the right of cross examination, under such rules as the Commissioners shall prescribe. "If in the case submitted to the Commissioners either party shall have specified or alluded to any report or document in its own exclusive possession without annexing a cojjy, such party shall be bound, if the other party thinks proper to apply for it, to furnish that party Avith a copy thereof; and either party njay call upon the other, through the Commissioners, to produce the originals or cer- tified copies as the Commissioners may require. The case on either side shall be closed within a period of six months from the date of organization of the commission, and the commis.sioners shall be retpiested to give their award as soon as possible thereafter. The aforesaid period of six months may be ex- tended for three months in case of vacancy occurring among the commissioners, under the circumstances contemplated in Article XXIII of this treaty. Article XXV. The commissioners shall keep an accurate record and correct minutes or notes of all their i^roceedings, with the dates thereof, and may appoint and employ a secretary and any other business officer or officers to assist them in tbe transaction of the business which may come before them . Each of the high contracting parties shall pay its own commis- sioners and agents or counsel ; all other expenses shall be defrayed by the two governments in equal moities. FISHERIES TREATIES. 117 Chapter XXXII. It is further agreed that the provisions and stipulations of Ar- ticles XVIII to XXV of this treaty, iiiclnsiTe, shall extond to the colony of New Fouudland, so far as they are applicable. But if the Imperial Parliament, the Legislature of New Foundland or the Con- gress of the United States shall not embrace the colony of New Foundland in their laws enacted for carrying the foregoing articles into effect, then this article shall be of no effect ; but the omission to make provision by law to give effect, by either of the legislative bodies aforesaid, shall not in any waj' impair any other articles of this treaty. Article XXXIII. The foregoing Articles XVTI to XXV, inclusive, and Article XXX of this treaty, shall take effect as soon as the laws re([uired to carry them into operation shall have been passed by the Imperial Parliament of Great Britain, by the Parliament of Canada, and by the Legislature of Prince Edwai'd Island, on the one hand ; and by the Congress of the United States on the other. Such assent having been given, the said articles shall remain in force for the period of ten years from the date at which they may come into Oi)eration ; and, further, until the expiration of two years after either of the high contracting jiarties shall have given notice to the other of its wish to terminate the same ; each of the high contracting parties being at liberty to give such notice to the other at the end of the said period of ten years, or at any time after- wards." The acts of the different Parliaments of Great Britain and the Congress of the United States, having been passed, a proclamation tixed the 1st of July, 1873, as t>he date on which they were to come into operation. New Foundland did not, however, adopt the treaty until a year later. The high commissioners appointed, and referred to in explana- tory note in Article XXII hereinbefore, as to their award, were: Sir Alexander Thomas Gait, of the city of Toronto in Canada, by Her iMajesty the Queen of England : Hon. H. Kellogg, by the appoint- ment of the President of the United States ; and Mr. M. Delfosse, named by the Emperor of Austria-Hungary. 118 READY REFERENCE MANUAL. The reciprocal arriingeiiients luade under the treatj' of Wash- ington remained in force for a period of ten years, when on the 3rd of March, 1883, the following resolutiou was adopted by the Con- gress of the United States: " Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled : That, in the judgment of Congress, the provisions of Articles numbered XVIII to XXV, inclusive, and of Article XXX of the treaty between the United States and Her Britannic Majesty, for an amicable settlement of all causes of difterences between the two countries, concluded at Washington, on the 8th day of May, 1871, ought to be termi- nated at the earliest possible time, and be no longer in force ; and to this end the President be, and he hereby is, directed to give no- tice to the government of Her Britannic IVIajesty that the provisions of each and every of the articles aforesaid, will terminate and be of no force on the expiration of two years next after the time of giving such notice. " Sec. 2. That the President bo, and he hereby is, directed to give such notice of such termination on the 1st day of July, 1883, or as soon thereafter as may be. " Sec. 3. That on and after the expiration of two years' time required by said treaty, each and every of said articles shall be deemed and held expired and be of no use, force and eft'ect, and that ev(;ry department of the government of the United States shall ex- ecute the laws of the United States [in the premises] in the same manner and to the same effect as if said articles had never been in force ; and the Act of Congress approved 1st March, 1873, entitled ' An Act to carry into effect the provisions of the treaty between the United States and Great Britain, signed in the city of Washington, the 8th day of May, 1871, relating to the fisheries,' so far as it re- lates to the articles of said treaty, so as to be terminated, shall be and stand repealed and be of no force on and after the time of the expiration of said two years." Approved 3rd March, 1883. On July 'Jd, 1883, the United States Minister at London, ac- cordingly notiliod Hit Majesty's Government, tliat the Fisliery Articles of the Treaty of Washington would terminate on the 1st day of July, 1885. FISHERIEH TREATIES. 119 A temporary agrocnu'iit, as the result of negotiations, Mas en- tered into between the United States and Great Britain, thi' purjiort of wliieh is set forth in the following proclamation issued by the President of the United States : — Agueement between the United States and Great Britain re- specting tlio Fisheries, concluded 22nd of Juno 1885. NOTICE. By direction of the President, the undersigned, Secretary of State, hereby makes known to all whom it may concern, that a tem- porary diplomatic agreement has been entered into between the Government of the United States and the Government of Her Maj- esty in relation to the fishing privileges which were granted by the lishery clauses of the treaty between the United States and Great IJritaiii, of 8th of May, 1871, whereby the privilege of fishing, which would otherwise have terminated with the treaty clauses on the first of July proximo, may continue to be enjoyed by the citi- zens and subjects of the two countries engaged in fishing operations throughout the season of 1885. This agreement proceeds from mutual good will of the tAVO governments, and has been re^ached solely to avoid all misunder- standings and difficulties which might otherwise arise from abrupt (ci'inination of the fishing of 1885, in the midst of the season. The immunity which is accorded by this agreement to the vessels belonging to tlie citizens of the United States engaged in tishing in the British American waters, will likewise he extended lo British vessels and subjects engaged in fishing in the waters of the United States. 'J'he Joint Resolution of Congress, of 3rd March, 1883, pro- viding: for the termination of the Fishery Articles of the Treaty of 8th March, 1871, having repealed in terms, tbe Act of 1st jMarcli, 1873, lor the execution of the Fishery Articles, and that repeal be- ing expressed and absolute from tlie date of the termination of said I'Mshery Articles under due notification given and ])roclainu'd by the President of the United States, to wit, 1st July, 1885, the pres- ent temporary agreement in no way afi'ects the question of tho statutory enactment or exemption from Customs duties, as to which tile abrogation of the Fishery articles remain complete. As part of this agreement, the I'resident will bring the whole 120 ' READY REFERENCE MANUAL. (juostion of the fislicM'ics before Congress at its next session in De- cember, and recommend the ajipointment of a Joint Commission by the (4overTiment of the IJnitetl States and (rreat IJritain to eonsi(U'r tlie matter, in the interest of maintaining good neighborhood and friendly intercourse between tlie two countries, thus affording a prospect of negotiation for the development and extension of trade between the United States and British North America. Coi>ios of the memoranda and exchanged notes on whicli tliis temporary agreement rests are ajjjx'iith'd. Reference is also ma; Message to Congress in December, 1885, in accordance with the promise in tlie above agreement, did recommend that Congress provide for the ai)poinment of a Commis- sion in which the Governments of the United States and Great Britain should join in a settlement of the question of the res])ective countries : Congress on a Resolution rejected the same by a vote of .To to 10. Then it was brought up before Congress in December, 188G, and a Commission was agreed upon ; Commissioners met at AVashington and agreed upon a joint Treaty that was accepted by the House of Representatives but rejected by the Senate during the session of l^^s7. At the present time matters stand in a status (pio, of the Treaty of 1818. PART IV— CHAP. II. NEUTRALITY LAWS OF NATIONS. Neutrality, in international law, the indifferent and im])artial posture maintained by one nation with regard to others whicli are at war. This character is usually iinprossed upon a nation only by a war between other states, yet what is called a pernianeut neutrality may also exist, as in the case of Switzerland and Belgitiiu. which have engaged always to remain neutral when complications arise between other powers. The jierfect inviolability of its toiritory is the clearest, if not the chief right of a neutral state. Admission to the neu- tral domain may be denied to all, but if granted, must be on a com- mon equality. The entrance of war vessels and their prizes into neutral ports may be forbidden ; but unless it is expressly prohibit- ed, the liberty to enter is implied. The U. S. government concedes this favor to the public ships of hostile powers, without their prizes. Permission to raise forces within the neutral territory cannot con- sistently be given to one belligerent to the exclusion of others and the United States refuse the privileges to all alike upon this princi- ple. Whether a neutral flag protects the ship and cargo it covers from the assertion of belligerent rights, has long been a vexed (jues- tion in international law. The principle that the character of the vessel should determine that of the cargo was embodied in the trea- ties of Utrecht in 1713, and has been introduced into frequent con- ventions based upon these treaties, to which Great Britain has been a party ; but, except when bound by a special compact, that power has steadily maintained the rule that an enemy's goods on board of a neutral ship are good prize of war. In its general jurisprudence the United States has adopted the same rule as Great Britain, but in its treaties with other nations has generally inserted the more liberal principle that free ships make free goods. In 185G Groat Britain formally assented to the doc- trine she had so long opposed, by joining in the declaration of Paris, which contained the provision that a neutral flag should cover an enemy's goods except contraband goods of war : and this action of the great powers has probably for all time iixed the maxim in the civilized countries. The rule that goods of neutral carriage, except contraband, are not liable to capture, though ladeu in an enemy's 122 READY REFERENCE MANUAL. ship, was also included in the declaration of Paris, and, although formally rejected by France, has been generally observed by other nations. While a neutral may carry on its commerce with the hos- tile powers under reasonable restrictions, its ships must not carry contraL'"!ul, or break blockades, or in any way render direct assis- tance in the war. They must also be provided with proper papers to prove their nationality, and must submit to a reasonable exercise of the right of visitation. Materials fitted by their nature for warlike uses will be deemed contraband as a matter of course ; but the decision as to articles which are serviceable in peace as well as in war, will depend upon the circumstances of the war, and the use to which it seems prob- able the goods will be put. What constitutes a violation of block- ade '? There must be ( 1 ) an actual blockade by a force sufficient to maintain it, ( 2 ) a proper notification of it, and ( [i ) an actual or at- tempted entrance or departure with a cargo laden after it begins. As to the assistance which a neutral may render to a belligerent, it is noteworthy that the British government denied the right of an American naval officer to seize the confederate ambassadors on the British steamer Trent in 18G1, and the United States disavowed the act. In, J^olicies of I}isH7- ss. Chittenden County. ) I, John Smith, formerly a resident of Canada and now residing at Burlington, Vermont, an alien, do declare on oath, that it is bona fide my intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign Prince, 124 IIRADY RRFERENrE MANUAL. Potentiito, Statf or Sovereignity, aud particiiliirly to the Qxeeit of Oreat liritahi. nitd Trdatnl, of which I am at this time n citizen or subject John Smith. The foregoing declaration of intention \ made and sworn to bi fore me this > '2fith day of January A. D., 18H0. ) RoHWKi.L Dartiimocth, Clerk of the County Court of ('hittcuiden, a Court of TJecord having common law juriKdiction, a Seal and a ("lerk. \ State of Vkhmont, ' ss. Chittenden County. I, iioswKLL Dautiimouth, Clerk of Chittenden County, State of Vermont, a Court of Record, having common law jurisdiction and a Clerk and S(!al, do hereby certify that I have compared the above with original declaration of intention of John Smith to bo admitted a citizen of th*^ Iljiited States, filed in my office this daj- and now on file therein, and tliat the same is a correct transcript thereof, and of the whole of such original. ^-^>^-^>. III 7\:stimoni/ Whereof I have hereunto set T e f '".y hand and uHixod the Seal of C'hittendeu County, r and of said Court at the City of J3inlington, this 2()th ^-^v-^-^-' day of January, Anno Domini, 1889. RoswELL Dahthmoutii, Clerk. 77/« (iboi'e certificate is evidence in any State in the United States, that John Smith has declared his intention at the time and in the place and State, of becoming a citizen of the United States. It is a comuio)) dehishm in the British^Colonies, that the special mention of renouncing allegiance to the Queen of Great Britain, is something extraordinary, and not required of other aliens. This is a misappiehonsion; eveiy foreigner must swear allegiance in a similar manner, mentioning the Queen, King, Czar, Prince or Potentate of the Country of which he is a citizen, subject or adherant. 77/6 applicant must be a resident for five years of the United States ; and although he may not have declared his intention as above, until two or three years after becoming a resident, he can upon taking his final oath, as hereinafter prescribed, and the evi- dences of such residence by one or more credible witnesses, secure his certificate of citizenship ; but in no case can he otherwise obtain NATUItALIZATlON I,A\VS. 125 8iuli ceititicute, without being ii rcsiilt'iit in tho couutry for fioe I I ears. Witnenacs . ljfiff») yeoTri, ti htated reni- dt'ut in any foreign country. So help mo God. Sworn bcforo lue iit Montreal, this iHt day) xxr t , , . ., t T 1 1UUI1 r William Jones. of Junuary ui the year of our Lord, 1HH[). ) WlLDlTIl WiNO, C. C. Court. Note. — The person usually authorized to take this oath is the clerk of the County Coiirt. The act however provides that the Governor in C!ouiicil may, from time to time, a]>point commission- ers to administer oaths under the act. This certificate of residence is filed when taken in the different provinces as follows : Ontario, with the clerk of the peace in the county whore applicant resides ; (Quebec, with ttie clerk of the Circuit C^ourt of the circuit within which the appellant resides ; Nova Scotia, with the prothonotary of the Supreme Court; New Brunswick, with the clerk of the Su- preme Court; British Columbia, with the clerk of the Su})reme Court for the province ; Prince Edward Island, with the clerk of the Supreme ('ourt of Judicature ; Manitoba, with the clerk of the Court of (Queen's Bench ; North West Territories, with the person prescribed by the Governor in council. CIVIL SERVICE EMPLOYEk's O.VTH. /, William Ilojykiiis, do swear (or aflirm) that, in the period of three years preceding this date, I have been in the service of the Government of Canada, (or of the Government of the Province * * whatever province he was employed by), for the term of three years and I intend, when naturalized, to reside in Canada (or to serve under the Government of * * * as the case may be). Sworn before me at Montreal, this) „, ,_ Ist day of January, A. D., 1889. / William Hopkins. Wilbur AVino, c. c. c. Upon the filing of certificates in the form above with the otiicials prescribed in the different Provinces, the proclamatory order is read at the next session of the regular Court of Oyer and Termine, or County Court, and if no objection is made the oath of allegence in the following form is duly administered : 1'2H nEAUY IIKIKIIENCE MANUAL. OATH of AM.EUIANCE. I, Wti.i.iAM JoNCri, do Hoh-iiiiily pruiiiiHi! uiid Hwvar (or aftirni) timt I will be fuithful iiiul bciir tnio allo^MiiD<-() to Her MiijeHty (jtiocii Victoi'iu (or tho rci^iiin^ Hovoreigu for tho tiiuo buitig) aH lawful Sijvert'i^fn of tli« United Kiiif^'dom «)f Great Britain and Irelund,fan. ) WlI.UUU WiNO, c. c. c. THE NATURALIZATION OEKTIFICATE. I, Wilbur Wing, Clerk of the Cireuit Court in and for the City of .^^ontreal, do certify that William JoneH, an alien, on the Ist day of January. 18H9, Hubscribed and took before nie the oath of rewi- dence. and upon the Ist day of August, 188'.), the oath of allegiance, authorized by the eighth Heetiou of " Tho Naturalization Act," and therein swore (oi- atHrmcd) to residence in Canada for five years ; that I have reason to believe, and do believe, that the said William Jones, within the period of five years preceding the said day, has been a resident within ('anada for five years, that the said William Jones is a person of good character, and that there exists, to my knowledge, no reason why the said Williani Jones should not be granted all the rights and capacities of a natural born British subject. Dated at Montreal, the 5th day of August, A. D. 1889. Wilbur Wino, C. C. C. Note. — In the government employee's case the certificate is simply changed from live years to three years, and substituted that he was in the civil service for that period. NATl'UAI.I/ATION LANVM. Vl'J "0." riNAL OEUTU'ICATK Ol' TUK CUUUT. Dominion or Canada,) I'roviiu'c of (jiittbec. ) III the ('ircuit Court, in iiud for tin- (!omity of Hoolu'lof^'a : Wlierc'iiH, Wii.i.iAM JoNKH, foniicily of tlio Cit} of Now York, in tlio Uuitcd Stiili'S of Aiiiericii, iiiid ii citi/cii tliuicot', Iiuh compliial with t\w nevoral n^iuirciiu'iitrt of the " Nuliuiih/ution Act," iiiul hiiB (hiiy reuided iu ('iiiiiidu for thu puriod of five ycarH. And whorfun the certitit'iite ^'runted to tiie Hiiid Williiiin JoneH, under iLe tenth Hection of said Act (the nuturuU/ution certificate), und hiiH been duly read in open court uiid thereupon, by order of Hitid court, huH Iteen lih'd of record in the huiiic, purHuiint to the siiid Act. This is, there fore, to certify to all whom it luiiy concern, tluit under mid by virtue of the Huid Act, Wii.mam Jonks huu become naturaU/ed hb a liritiuh subject, and iH, within Canada, entitled to all political and other ri{,'htH, powers and privilejjcH, and is Hubject to all obligatiouH to which a natural-born IJritish subject in entitled or subject within Canada, with this (|ualitication, that he shall not, when within the limits of tiie foreij,'n State of whicth he was a citizen, previnns to the date hereof, be deemed to be a British subject, unless hv has ceaued to bo a citi/en of that State, in pursuance of the lawH thereof or iu pursuance of a treaty or convention to that efTect. Given under the seal of the said court, this 5th day of August, A. D. 1885). E. F., Judge of the Court, presiding. PART II— CHAP. III. EXTRACTS FKOM THE POSTAL LAWS AND REGULATIONS OF THE UNITED STATES AND CANADA. Blackmail Postal Cards.— The letter following, from Post master-Geueral Dickson, sets forth the regulations of the Postoffice Department of the United States regarding the mailing of the same : J'ostoffice J)epartrnent, ) Office of the Postmaster General, >• Washington, D. C, June 18, 1888. ) The President has this day approved the act which, among other things, provides as follows: " And all matter otherwise mailable by law, upon the envelope or outside- cover or wrapper of which, or postal card, upon which indecent, lewd, lascivious, obscene, libelous, scurrilous, or threaten- ing delineations, epithets, terms or language, or reflecting injuri ously upon the character or conduct of another, may be written or printed, are hereby declared unmailable matter, and shall not be conveyed in the mails, nor delivered from any postoffice nor by any letter-carrier ; and any person who shall knowingly deposit, or cause to be deposited for mailing or delivery, anything declared by this section to be unmailable matter, and any jierson who shall knowing- ly take the same or cause the same to be taken from the mails, for the purpose of circulation or disposition of, or of aiding in the cir- culation or disposition of the same, — shall be deemed guilty of a misdemeanor, and shall, for each ofTense, be fined not less than $100 nor more than $5000, or imprisoned at hard labor not less than one year nor more than ten years, or both, at the discretion of the court." l*ost7aasters are iwtijied that under this act such matter will be treated precisely as obscene matter is treated under the provis- ions of Section 380, J'ostal Lavs and Jtegalations. Any postal card, or any other matter upon the envelope or out- side cover of which appears anything which reflects injuriously upon POSTAL LA.\VS AND REGULATIONS. 131 the person addressed, or any one else, or upon his character or con- duct, or is plainly calculated and intended to injure his feelings or reputation, or bring him discredit, or which threatens him — will be excluded. Anything in the nature of an offensive or threatening dun, apparent upon an envelope, outside cover or postal card, or conveying the suggestion that such dun is inclosed, will be excluded iis non-mailable under this act. The attention of postmasters is called, in this connection, to Sections IJSl and 527 of the Postal Laws and Regulations, as applicable. As to the mailabiiity, the postmaster, if he deems any case doubtful, will submit it to the De- partment for decision. (Signed) Don M. Dickson, Postmaster- General. DOMESTIC RATES OF POSTAGE IN THE UNITED STATES. All miiilable matter for trausmisHion by the United States mails within the United States, is divided \i\io four classes, under the fol- lowing regulations : First Class Matter. — This class includes letters, postal (;ards, and anything sealed or otherwise closed against inspection, or anything containing writing not allowed as an accompaniment to printed matter under class throe. Kates of postage to any part of the United States, t^co cents per ounce or fraction thereof; rates on local drop letters at free delivery offices, tico cents per ounce or frac tion thereof; at offices where there is no free delivery by carriers, one cent per ounce or fraction thereof; rates on postal cards, one cent. Nothing must be added or attached to a postal card, exce2it that a printed address slip may be pasted on the address side. The addition of anything else subjects the card to letter postage. Noth- ing but the address, and as hereinbefore, must be upon the face, or stamped side. Rates on specially delivered letters, ten cents on each letter in addition to rcyular postage; this entitles the letter to immediate de- livery by special messenger. Special delivery stamps are sold at postottices, and must be affixed to each letter. An ordinary ten-cent postage stamp affixed to a letter will not entitle it to special de- livery. Prepayment by stamps invariably required. Postage on all 182 READY UEPEllENCE MANUAL. letters bhould be fully prepaid, but if prepaid one full rate and no more, they will be forwarded, and the amount of deficient postage collectod on delivery ; if wholly unpaid, or prepaid with less than one full rate and deposited at a postoffice, the addressee will be no- tified to remit postage, and if he fails to do so they will be sent to the Dead Letter Office ; but they will be returned to the sender if he is located at the place of mailing, and if his address be printed or written upon them. Letter rates are charged on all productions by the typewriter or manifold process. Letters (but no other class of mail matter) will be returned to the sender free, if a request to that eft'ect is printed or written on the envelope. There is no limit of weight of first class matter. Prepaid letters will be forwarded from one postoflice to another upon the written request of the person addressed, without addi- tional charge for postage. The direction on forwarded letters may bo changed as many times as may be necessary to reach the person addressed. Second Class Matter. — This class includes all newspapers, periodicals, or matter exclusively in print and regularly issued at st''.ced intervals as frequently as four times a year, from a known office of publication or news agency, to actual subscribers or news agents, and transient newsjjapers and publications of this character mailed by persons other than publishers. Hates of Postage to Publisheks. — One cent a 2>ound or frac- tion thereof, prepaid by special stamp. Publications designed pri- marily for advertising or free circulation, or not having a legitimate list of subscribers, are excluded from the pound rate, and pay third class rates. Publications sent to actual subscribers in the country where published free, unless mailed for local delivery at a letter carrier office. Hates of postage on transient newspapers, magazines, or periodicals, one cent /or each four ounces or fraction thereof. These rates do not apply for transient publications mailed for local deliv- ery by carriers at a free delivery office. Third Class Matter. — Mail matter of the third class in- cludes printed books, pamphlets, engravings, circulars (in print or by the hectograph, electric pen, or similar process), and other mat- rosTAIi LAWS ANT) P.EaULATIONS. 138 tei' wholly iu print, proof sheets, corrected proof sheets, and ninmi- scripts, copies or copy accompanying the same. The rate on matter of this class is (me cent for each two ounces or fraction thereof. Manuscrij^t, unaccompanied by proof sheets, must pay letter rates. Third class matter must admit of easy inspection, otherwise it will 1)6 charged letter rates on delivery. It must be fully prepaid, or it will not be forwarded. Its wrapper must bear no writing or print- ing except the name and address of the sender and a retui'u re- quest. The limit of weight is four pounds, except single books in sep- arate packages, on which the weight is not limited. The name and address of the sender, preceded by the word " from," may be writ- ten upon the package, and a simple manuscript dedication may appear in a book or upon the article enclosed, as : " Presented to — by — , etc.," or "A birthday gift from — , etc." Fourth Class Matter.— Fourth class matter is all mailable matter not included in the three preceding classes, which is so pre- pared for mailing as to be easily withdrawn from the wrapper and examined. It embraces merchandise and samples of every kind and description, and coin and specie. Hates of postage, o7ie cent for each ounce or fraction thereof^ (except seed, roots, bulbs, cut- tings, coins and plants, the rate of which is one cent for eac/i two ounces or fraction thereof) ; this matter must be fully prepaid, or it will not be forwarded. Articles of this class that are liable to injure or deface the mails — such as glass, sugar, needles, nails, pens, etc., — must be first wrapped in a bag, box, or open envelope, and then secured in an- other outside tube or box made of metal or hardwood,without sharp corners or edges, and having a sliding clasp or screw lid, thus secur- ing the articles in a double package. Such articles as poisons, ex- plosives, or inflammable articles, live animals, insects, or substances exhaling a bad odor, will not be forwarded in any case. The regu- lations respecting the mailing of li(^uids are as follows : Liquids not ardent, vinous, spiritous or malt, and not liable to explosion, spon- taneous combustion, or ignition by shock or jar, and not inflamma- ble (such as kerosene, naphtha or turpentine), may be admitted to the mails for transportation within the United States. When con- tained in glass bottles or vials, such bottles or vials must be strong 134 READY REFERENCE MANUAL. enough to stand the shock of handling in the mails, and must be en- closed in a wooden or papier mache block or tube, not less than three-sixteenths of an inch thick in the thinnest part,strong enough to support the weight of mails piled in bags, and resist rough hand- ling ; and there must be some other absorbent sufficient to protect the glass from shock in handling ; the block or tube should be a tightly-fitted screw-lid of wood or metal, with a rubber or other pad so adjusted as to make the block or tube water-tight and prevent the leakage of the contents in case of breaking of the glass. The limit of admissible liquids and oils is not to exceed four ounces, liquid measure. Limit of weight (excepting liquids) four pounds. The ordinary return directions are admitted to be written or printed thereupon. Registration. — All kinds of postal matter, except second class matter, can be registered at the rate of ten cents for each package in addition to the regular rates of postage, to be fully prepaid by stamps. Each package must bear the name and address of the send- er, and a receipt will be returned from the person to whom ad- dressed. The Postoffice Department or its revenue is not liable for loss of any registered mail matter. MoNEi Okders Payable at Domestic Offices, the rates are as follows : — For sums not exceeding $5, five cents ; for $5 and up to $10, eight cents ; for $10 to $15, ten cents ; for $15 to $30, fifteen cents ; for $30 to $40, twenty cents ; for $40 to $50, twenty-five cents ; for $50 to $60, thirty cents ; for $G0 to $70, thirty-five cents; for $70 to $80, forty cents ; for $80 to $100 forty-five cents. Postal Notes ai issued for sums less than $5, for a fee of three cents, and are payable to any person presenting them, either at the office designated on the note or at the office of issue within three months of date of issue. They are not issued withoiit the United States, or payable. Free Delivery is required by law, in every town or city of 50,000 population, and may be established in places containing not less than 10,000. Franking Privileges were abolished in July, 1873, excepting public documents printed by order of Congress ; letters or other matter relating exclusively to the United States Government, or appli- POSTAL LAWS AND REGULATIONS. 135 cations for copyrights, etc., under the regulations as set forth in the Copyright Regulations in this Chapter, Part IIL Postage to Canada : — Letters per ounce (prepayment compul- sory) two cents ; postal cards, one cent ; newspapers, per four oun- ces, one cent ; samples of merchandise, not exceeding 8 ounces, ten cents ; registration fee, ten cents. Correspondence Exchangeable comprises letters (ordinary and registered), postal cards, news- papers, pamphlets, magazines, books, maps, plans, engravings drawings, photographs, lithographs, sheets of music, etc., and patterns and samples of merchandise including grains and seeds. Any article of correspondence may be registered. Patterns and samples are construed to be bona fide specimens of goods on hand and for sale, having no intrinsic value apart from their use as patterns or samples. They are subject to the regulations of either country to prevent violations of the revenue laws, must be left easy of inspection, if inspection is required. Countries of the Universal Postal Union include nearly all the civilized countries of the world, except the provinces of Austra- lia and others hereinafter mentioned. The Postage to all the coun- tries under this union, is as follows : — Letters, per half ounce, prepayment optional, five cents; Post cards, two cents; New.spapers and other printed matter, per 2 ounces, one cent; Commercial papers in packets not exceeding 10 ounces, five cents ; exceeding 10 ounces, for each 2 ounces, 07ie cent; Samples of merchandise, not exceed- ing 4 ounces, for each 2 ounces, one cent; Registration fee on all articles or letters named, ten cents additional. Countries or Colonies of Great Britain not m the Postal Union : — Australia, except New South Wales, Queensland and Victoria; Cape Colony, China, Natal, Morocco, New Zealand, Transval, Madagascar, and St. Helena. J^ostage to all the Australian Colonies and New Zealand : — 12 cents per half ounce prepaid ; Cape Colony and St. Helena, 15 cents per half ounce ; Australia that is not out of the Postal Union and letters addressed via. San Francisco, five cents per half ounce ; Newspapers to Australia, two cents jier 2 ounces. EXTRACTS postal LAWS OP CANADA, Section 103, 46 Vic. — Provides that every one who posts for transmission or delivery, by or through the post, any obscene or 130 READY REFERENCE MANUAL. immoral book, pamphlet, picture, print, engraving, lithograph, pho- tograph, or other publication, matter or thing of an indecent, im- moral, seditious, disloyal, scurrilous, or libelous character ; or any letter upon the outside or envelope of which, or any post card or post band or wrapper upon which, there are words, devices, matters or things of the character aforesaid, or any lottery circular, or con- cerning an illegal gift concert or other similar enterprise, offering prizes ; or concerning schemes devised and intended to deceive and defraud the public, for the purpose of obtaining money under false pretences, — is guilty of a misdemeanor. Section 92, 38 Vic. — Provides against inclosing explosive sub- stances in matter posted in the mails, as follows : Every one who incloses in or with any letter, packet or other mailable matter, sent by post, or puts into any postoffice, any explosive, dangerous or de- structive substance or liquid, or any matter or thing likely to injure any letter or other mailable matter or the person of any officer or servant of the postoffice, — is guilty of a misdemeanor, unless such offence is, by the criminal statutes, punishable in a greater magni- tude. Section 45, Chap. 35. — Any letter or other article of mail mat- ter suspected to contain any contraband goods, wares or merchan- dise, or any goods, wares or merchandise on the importation list, on which coming into Canada any duty or customs are by law pay- able, and suspected to have been inclosed therein and sent by post to evade payment of the customs, who in the presence of the person to whom the same is addressed, or in his absence the collector at the nearest port, may open and examine the same. If dutiable goods are found therein, the collector may detain the letter or article of mail matter and its contents for the purpose of prosecution ; or by notice to the party addressed, inform the person that a letter or parcel is laying in the customs for him, if he supposes it is a case of no evasion of the law. Section 93, 35-49, Vic, provides a penalty of $10 and up to $40, for inclosing in a parcel or newspaper, letter, post card, or other mail matter. Postage Rates Within Canada or to the United States. — On all first-class matter, three cents per ^ oz.; post cards, one cent; registration, two cents extra. POSTAL LAWS AND REOULATIONS. 137 Postage to Foreion Countriks, Exokpt thk U. S. — /''ice cotts per half ounce to Austria, Belginiu, Cuba, Egypt, France, Germany, Gibraltar, Holland, Italy, Japan (viaU. S.), Madeira, Mexico, Portu- •^a\, Iluseia, Sandwich Islands, St. Pierre et Miquelon, Spain, Sweden, Switzerland, Bermuda, Newfoundland; ten cents per half ounce to Africa, Brazil, Buenos Ayres, Ceylon, China, Maiirifiiis, Monte Vi- deo and Sierra Leone ; fifteen, cents per half ou7ice to the following places: Australia S. & W., Cape of Good Hope, New South "Wales, New Zealand, Tasmania and Victoria ; serpen cents to Fiji Islands and to South and "West Australia, not by Brisbane. Newspapers. — Where live cents postage per half ounce is charged on letters, one cent per two ounces is charged on newspap- ers ; where 10 cents letter postage, two cents per two ounces; wliere 15 cents per half ounce on letters, four cents per two ounces on papers ; where 7 cents, three cents per two ounces. Same Regulations as in U. S. is adopted, unless as follows : There is no special delivery ; there is no postal notes issued ; frnnk- iiig is admitted on all correspondence with the governinent or all its departments and employees at the head departments; with all membors of the Senate and House of GoinmoiiR,during he session of Parliament; upon all matters appertaining to the copyiight or pat- ent and trade mark departments. Canada has a " Book Post " of one cent per four ounces; to the United Kingdom, one cent per two ounces; they have a parcel post in which they charge six cents p'^r four ounces, and five cents for registering ; five cents is charged i^r registration on all places outside of Canada. TART III.— CHAP. III. D1UF.CTION8 KOH HEOCItlNO OOPVUiaHTS IN TUB UNITED STATES UNDER THE I,ATKHT ItEVlSKD AOTH OF C0N0UES8. 1. — A priiiled copy of the title (boHides the Iwo copies to be (lepoHited after publication) of the book, map, chart, dramatic or musical composition, engiaviiif,', cut, print, or photograph, or u description of the painting, drawing, chromo, statue, statuary, or model or design for a work of the fine arts, for which copyright is desired, must be sent by mail or otherwise, prepaid, addressed : " LlliRAKIAN or CONORESS, Washington, D. C." Tbis must bo done before jMiblication of the book or other article. The printed title rccjuired may be a copy of the title pag'3. In other cases, the title must be ])rintod expressly for copyright entry, with name of claimant of copyright. The style of type is immaterial, and the print of a type-writer will be accepted. But a separate title is rcrpiircd for each entry, and each title must be printed on paper as large as commercial note. The title of a periodical must include the date and number. 2. — The legal fee for recording each copyright claim is 50 cents, and for a copy of this record (or certificate of copyright) an addi- tional fee of 50 cents is required, making $1, in case certificate is wanted, which will be sent by early mail. Certificates covering more than one entry are not issued. 3. — Within ten days after publication of each book or other article, two complete copies of the best edition issued must be sent, to perfect the copyright (as set forth in clause one above), with the address : " Librarian of CoxaREss, Washington, D. C." The postage must bo prepaid, or else the publication inclosed in parcels coveied by printed Penalty Labels, furnished by the Librarian, in which case they will come free by mail, without limit DIRECTIONS FOR SFX'URINO COPYRIGHTS. 139 of weight, accorJiiig to rulings of the Postofficc Departmeut. Witliout tlio depoHit of copies above required the copyright is void, Hud a penalty of $26 is incurred. No copy is required to be de- posited elsewhere. 4. — No copyright is valid unless notice is given by inserting in every copy published, on the title page or the page following, if it be a book ; or, if a map, chart, musical composition, print, cut, en- graving, photograph, painting, drawing, chromo, statue, statuary, or model or design intended to be perfected as a work of the fine arts, by inscribing upon some portion thereof, or on the substance on which the same is mounted, the following words, viz : " Entered according to Act of Congress, in the year , by , in the office of the Librarian of Congress at Washington,^'' or, at the option of the person entering the copyright, the words: " Copy- right, 18—, by ." The law imposes a penalty of $100 upon any person who has not obtained copyright who shall insert the notice " Entered accord- ing to Act of Congress,'' or " Copyright,''^ etc., or words to the same import, in or upon any book or other article. 5. — Any author may reserve the right to translate or dramatize his own work. In this case, notice should be given by printing the words, " Might of translation reserved,'" or, " All rights reserved,^' below the notice of copyright entry, and notifying the Librarian of Congress of such reservation, to be entered upon record. Since the phi'aso " A II rights reserved " refers exclusively to the author's right to dramatize or to translate, it has no bearing upon any publi- cations except original works, and will not be entered upon the record in other cases. 6. — The original term of copyright runs for twenty-eight years. Within six months before the end of that time, the author or designer, or his widow or children, may secure a renewal for the further term of fourteen years, making forty -two years in all. Application for renewal must be accompanied by explicit statement of ownership, in case of the author, or of relationship, in the case of his heirs, and must state definitely the date and place of entry of the original copyright. Advertisement of renewal is to be made within two months of date of renewal certificate, in some news- paper, for four weeks. 140 READY REFERENCE MANUAL. 7. — Tho time wiihiu which any work euleiTd for copyright may ho iHHued from tho preHH in not Hinited hy any law or ifgulatiou, hut depends upon the discretion of the proprietor. A copyright may bo Hocured for a i)rojected work as well as for a completed one. Jiut the law provides for no caveat, or notice of interference — only for actual entry of title. 8. — A copyright is assignable in law by any instrument of writing, but such assignment must be recorded in the oflice of the Librarian of Congress within sixty days from its date. The fee for this record and certificate is one dollar, and for a certified copy of any record of assignment one dollar. 9. — A copy of tho record (for duplicate certificate) of any copy- right entry will bo furnished, under seal, at the rate of fifty cents each. 10. — In case of books published in more than one volume, or of periodicals published in numbers, or of engravings, photographs, or other articles published with variations, a copyright is to be en- tered for each volume or pai ' of a book, or number of u periodical, or variety, as to style, title, or insci-iption, of any other article. To complete the copyright on such a work two copies of each serial part, as well as of the complete work (if published separately) must be deposited. 11. — To secure a copyright for a painting, statue, or model, or design intended to be perfected as a work of tho tine arts, so as to prevent infringement by copying, engraving, or vending such de- sign, a tletinite description must accompany the application for copyright, and a photograph of the same, at least as large as " cabi- net size," should be mailed to the Librarian of Congress within ten days from the completion of the work or design. 12. — Copyrights cannot be granted upon trademarks, nor upon mere names of companies or articles, nor upon prints or labels in- tended to bo used with any article of manufacture. If protection for such names or labels is desired, application must bo made to the Patent Office, where they ai'e registered at a fee of $6 for labels and $25 for trade marks. 13. — Citizens or residents of the United States only are enti- tled to copyright. COl'YllKHIT UE(JULATI0N8. 141 14. — Every ttpplifiiut for a copyright hUouM Htuto iliBtiuctly tli« full iiiiiiio iiiul rcHulouce of tlio I'liiiiuaiit, iind whether the right is claituod UH luithor, doniguer, or proi)rioior. No iifliduvit or formal applicutiou in required. COPYRIGHT REGULATIONS OF THE DOMINION OP CANADA. Sec. 4. Any pernoii domiciled in Cauada or in any part of thu British posseHHioiiH, or any citizen of any other country which haw an international copyright treaty with the United Kingdom (the United StateH has no Huch treaty), who in the author of any book, map, chart, or musical composition, or of any original painting,draw- ing, statue, sculpture or photograph, or who invents, designs.etches, engraves, or causes to be engraved, etched or made from his own design, any print or engraving, and the legal representatives of such person or citizen, shall have sole and exclusive right and liberty of printing, reprinting, publishing, reproducing and vending such lit- erary, Hcientilic or artistic works or compositions, in whole or in part, and of allowing translations to be printed or i-eprinted and Bold, of such literary works, from one language into other languages, for the term of twenty ei(j lit years from the time of recording the copy- right thereof in the manner hereinafter directed. — 38 V., Chap. 88, B. 4. Sec. 5. The condition for obtaining such copyright shall be that the said literary, scientific or artistic works shall be printed and pub- lished, or reprinted and republished, in Canada ; or in case of works of art, that they shall be produced or reproduced in Canada, whether they are so published or produced for the first time, or contempo- raneously with, or subsequently to publication or production else- where ; but, in no case shall the said sole and exclusive right liberty in Canada continue to exist after it has expired elsewhere. 2. — No immoral, licentious, irreligious, or treasonable or sedi- tious literary, scientific or artistic work shall be the legitimate sub- ject of such registration or copyright. — 38 Vic, C. 88, s. 4, part. Sec. 6. Every work of which the copyright has been granted and is subsisting in the United Kingdom, and copyright of which is not secured or subsisting in Canada, under any act of the Province 142 READY UKFEItKNOK MANUAL. of ('iiiiada, or of t\w LegiHliituro of any of the provinc(>B forniiiif^ part of Cntinila, or of th» LogiHlaturc of any of tlio provinccH forming part of what iiiuy bo teriiiod Old Canadii, (tbJH refers to tbo provin- ces of Upper and Lower Cuiuidn prior to tbo Confudoratioii of tbo ProviucoH. which aro now nnniod Ontiirio und (^uolx'f), Hliftll, whon printed and piihUHbod, or rci)rintod and rcpiihliHliod, in (Janada, bo entitled to copyright under thin a(rt ; but nothing in tluH act hIuiII be bold to prohibit tbo importation from the United Kingdom of copies of any Buch work lawfully printed there. 2. — If any Hucb copyright work is reprinted HubHecpuntly to its publication in tbo United Kingdom, any pcrrton who bas, provi- ouHly to date of outry of such work upon tbo rogiutorH of copy- rigbtH, imported any foreign reprintw, may dibpoHo of Hucb roprintH by Halo or otlierwiHO ; but tbo burden of proof of eHtal>liHhing tbo extent and regularity of transactions shall, in such case, bo upon such person.— 38 V., C. 88, s. 15. Sec. 7. Any literary work, intended to bo published in pamph- let or book form, but which is first published in separate articles in a newspaper or periodical, may be registered under this act while it is BO preliminarily publiHhcd, if the title of fbo manuscript and a abort analysis of the work are deposited at the Department, and if every separate article so published is preceded by the words, "Reg- istered in accordance with the Copyright Act " ; but the work, when published in book or pamphlet form, shall be subject also to the other requirements of this act. — 38 V., C. 88, s. 10, part. Sec. 8. If a book is published anonymously, it shall be suflici- eut to enter it in the name of the first publisher thereof, either on behalf of the un named author, or on behalf of such first publisher, as the case may be. — 38 V., C. 88, s. 25. Sec. 0. No person shall be entitled to the benefit of this act unless be has deposited at the Department two copies of such book, map, chart, musical composition, photograph, print, cut, or eiigrav- ing, and in case of paintings, drawings, statuary, and sculpture, un- less be has furnished a written description of such works of art ; and the minister shall cause the copyright of the same to be recorded forthwith in a book to be kept for that purpose, in the manner adopte d by bim, or prescribed by rules and forms made, from time o time, as herein provided. — 38 V., C. 88, s. 7. COPYIIKUIT RK(HILATI()NH. MH Ht;v. 10. Tho iiiiiiiKUtr hIijiII ciiuhu oho of Htirh two (■o])i«'H of hiu'Ii book, limp, cliiirt, iiuiHinil coinpoHition, itltoto^'rupli, print, cut, or oiigraviii^', to be (U'poHited in thu library of tlio I'ui'liuuiout uf ('uii- adii— :i8 v., c. 88, h. 8. Seo. 11. It hIkiII not he recpiiHite to doHvor any printed copy of the Hitcond, or of any HubH('(iuent (Mlition of any book, unltttH tho Hanie contaiuH very important alti rations or udditionH. — ^8 V., c88, H. 2 iiiuttor of re-JMHUi', mider t\w aot, wliiitcver iHiTjilly t'liibrnccd in the uriginid npplicatiuu and ho deHcribed or hLgwq in the HiiuiR, that it might have btten ouibraccd in tlio original patent, may b« ground for re-iHsue. No now matter can be introduct'd into the HpecificatioiiH, nor Hhall the niodolH or drawingH bo amelidfd ex- cept by the other. In the abHonco of model or drawing, the re-isHue may contain airicndninntH which wero part of the invention. JSep- arati' patents may Ihsuo for each distinct part of the invention, com- prehended in the original patont. 15. — Information in relation to pending caHos will be fur- niHhed only ho far as it becomes necessary in conducting the busi- nesB of the office. 16. — Tho office can not respond to inquiries as to tho prol)abil- ity of an alleged invention being patented in advance of an ajiplica- tion for patent ; nor can incjuiries founded on brief or imperfect descriptioDH, propounded with a ' iew of ascertaining whether al- leged improvomentH have been patt*?*;^ 1, nor unless the name of tho patentee and, as nearly as possible the date of the patent, be given ; nor can it act as an expounder of the Patent Law, nor as counselor for individuals, except as to questions within the office. In order to avoid unnecessary explanations and useless loss of time ind labor, it is particularly recommended that reference be made to the law before writing on any subject to the patent office. A copy of the rules with a particular section marked, sent to any person making inquiry, will be deemed a sufficient answer by the office. 17, — It is desirable, in the interest both of the applicant and of the public service, that the papers and drawing should be pre- pared by competent persons, as despatch and regularity in the pro- ceedings will thereby bo promoted. 18. — AH business with the office must bo transmitted in writ- mg. The action of the office will be based exclusively on the writ- ten record. No attention will bo paid to any alleged verbal prom- ise or understanding in i elation to which there is any disagreement or doubt. PATENTM OF INVKNTIONH. 157 19. slunij/HhifiHtK of /ntfe/its iii«' tn bv. uo-tMiiptMiiiul by ii copy tlu'ioof ; the origiiinl will be kept in th<' I'utcnt Otlic*' uiid the copy will be returuod to the peruuu boiidiiig it, with a curtitlcato of reg- iHtrutiou thereon. 20.--A11 caHOB (:onu(>ctod with the iiitiieato and luultifariouH proceedingH ariHing from the working of tho ratcnt OHico, which are not Hp^ciaily defined and jn-ovided for in theue ruleH, will be decided in accordance with the uieritu of each caue under the au- thority of the ComuiiHsiouer; and such deciHion will bo conununi- cated to the interested parties in writing. Note. — There in no appeal from the deciHion of the Conuuiu- Hioner of PateutB. An iuveHtigation can be proHccuted by applica- tion to the Minister of JuHtice, and teHtimony taken ujjon the com- plaint, and if it iH suflicient to warrant a re examination by theCom- miHsioner of Patoutw, it will be referred back to him with whatever rocommeudatiouH the judicial committee Hud warrantable. APPENDIX OF FORMS. I'etitlons. Vorm I. Ihj sole inventor. To the Commissioner of Pateuts, Ottawa, Canada. The petition of John Smith, of the towu of Meaford, in the county of Grey, and Province of Ontario, carpenter, show eth : That he hath invented new and useful improvements in machines for breaking stones, not known or. used by others before bis iuveu- tion thereof, and not being in public use or on sale with his consent or allowance as such inventor, for more than one year previous to his application for a jiatent thereof in Canada. Your petitioner therefore prays that a patent may be granted to him for the said invention, as set forth in the specification in duplicate relating thereto, and, for the purposes of the Patent Act, your petitioner elects his domicile in the town of Picton, in the county of Prince Edward, in the Province of Ontario. John Smith, Applicant. Meaford, Ist January, 1889. 158 KEADY REFERENCE MANUAL. LAWS AND KEQULATI0N8 RESPECTING TRADE MARKS OF UNITED STATES. Be it Enacted, &C., — That owners of trademarks used in commerce with foreign nations or with Indian tribes, provided such owners shall be domiciled in the United States or located in any foreign country or tribes, which, by treaty, convention or law, affords similar privileges to citizens of the United States, may obtain registration of such trade-marks by complying with the following requirements: First. — By causing to be recorded in the Patent Office a state- ment specifying name, domicile, location, and citizenship of the party applying ; the class of merchandise, and the particular descrip- tion of goods comprised in such class to which the particular trade- mark has been appropriated ; a description of the trade-mark itself, with fac- similes thereof, and a statement of the mode in which the same is applied and affixed to goods, and the length of time in which the trade-mark has been used. Second. — The fee is $25, and such regulations as may be prescribed by the Commissioner of Patents. Seo. 2. — The application for registration of trade-mark, as aforesaid, must be accompanied by a written declaration, setting forth : that such party has at the time a right to the use of the trade-mark sought to be registered, that no other person, firm or corporation has the right to such use, either in the identical form or any other resemblance thereto as might be calculated to deceive; that such trade mark is used in commerce with foreign nations or Indian tribes, as above indicated ; and that the descriptions and fac-similes presented for registry truly represent the trade-mark sought to be registered. Sko. 3. — Provides for the registration by the Commissioner of Patents, and his powers to decide on claims between an applicant as previous registrant, or between two applicants, he shall follow, so far as the same may be applicable, the practice of courts of equity of the United States. Sec. 4. — Certificate of registry of trade-marks shall be issued in the name of the United States of America, under the seal of the Department of Interior, and shall be signed by the Commissioner of Patents. RtTLES AND FORMS FOR TRADE-MARKS. 159 Sec. 5. — Provides that a certificate of registry shall reiuaiu in force thirty years, and that at any time during the six months prior to its expiration, may be renewed for a like period. Sec. 6. — Stipulates a liability and right of the injured person, for the fraudulent use of a duly registered trademark. Section 2496 of the R. S. of the U. S. A. respecting foreign counterfeits of watch trade-marks, as follows : — No watches, watch- cases, watch- movements, or parts of watch-movements, or any other articles of foreign manufacture, which shall copy or simulate the name or trade-mark of any domestic manufacture, (manufacturer) shall be admitted to entry at the custom-house of the United States, unless such domestic manufacturer is the importer of the same. And in order to aid the officers of the customs in enforcing this pro- hibition, any domestic manufacturer who has adopted trade-marks may require his name and residence and a description of his trade- marks to be recorded in books which shall be kept for that purpose in the department of the Treasury, under such regulations as the Secretary of the Treasury shall prescribe, and may furnish to the Department fac similes of such trade-marks ; and thereupon the Secretary of the Treasury shall cause one or more copies of the same to be transmitted to each collector or other proper officer of the customs. rules and foums respecting the application for trade-marks in the dominion of CANADA, General Rules. I. There is no necessity for any personal appearance at the Department of Agriculture, unless sijecially called for by order of the Minister or the Deputy, every transaction being carried on by writing. II. In every case the applicant or depositor of any paper is responsible for the merits of his allegations and of the validity of the instruments furnished by him or his agent. III. The correspondence is carried on with the applicant or with his agent who has remitted or transmitted the papers to the office, but with one person only. IV. All papers are to be clearly and neatly written on foolscap 100 READY REFERENCE MANUAL. paper, and every word of them is to be distinctly legible, in order that no difficulty should be met with in the taking cognizance of, and in the registration and copying of the same. V. All communications to be addressed in the following words : — To THE MiNisTEK oi' Agkicdltukk (Tkade Mark Depaktment), Ottawa, Canada. VI. As regards proceedings not specially provided for in the following forms, any form being comformable to the letter and spirit of the law will be accepted, and if not so conformable will be re- turned for amendment or correction. VII. A copy of the Act and the Rules with a particular section marked, sent to any person, is intended for an ausw r. VIII. An application for the registration of a General Trade Mark shall be made in duplicate after the following manner : To the Minister of Ayricnlturc, {7'rade Mark and Copyright De- 2^artnient,) Ottttwa, Canada. I, (name of person) of the (city, town, or other locality, as the case may be), in (name of county, province or state, as the case may be), hereby furnish a duplicate copy of a general trade mark, in compliance with sections 4 and 9 of " The Trade Mark Act," (sec- tion 4, reads : " A trade mark may be general or specific, accord- ing to the use to which it is applied or intended to be ajiplied by the pro^n-ietor thereof." Section 9, reads: "Every proprietor of a trade mark who applies for its registration shall state in his ap plication whether the said trade mark is intended to be used as a general trade mark or as a specific trade mark.' ) which I verily be- lieve is mine, on account of having been the first to make use of the same, (or on account of having acquired it from, naming the per- son, to whom I verily believe to be the original proprietor thereof.) The said general trade mark consists (here must be inserted a description of the trade mark, recital of the motto or mottoes, &c., «&c., in order to explain the pattern furnished), and I hereby re- quest the said general trade mark to be registered in accordance with law. I forward herewith, the fee of $30, in accordance with section 10. (Section 10 provides a fee for general trade mark to be charged of $30 ; a specific *^rade mark, $25 ; renewal of specific trade mark RULES AND FORMS FOIl TRADE- MARKS. 101 $20 ; for copy of certificate, $1 ; for recording an assignment, $2 ; for copies of documents asked from Department respecting any trade mark, 50 cents a 100 words), of the said act. In testemouy thereof, I have signed in the presence of the two undersigned witnesses, at the place and date hereunder mentioned. (Place and date). (Signature of the proprietor). Signature of the two witnesses. IX. An apijlication for the registration of a specific trade mark shall be made in duplicate after the following form : To the Minister of Agriculture^ {'Trade Mark Departtncnt), Ottawa, Canada. I, (name of person), of the (city, town, or other locality, as the case may be), in (name of county, province or state, as the case may be), liereby furnish a duplicate copy of a specific case trade mark, to be applied to the sale of (description of the class of merchandise), in accordance with sections 4, and 9, of " The Trade Mark and De- sign Act," (referred to in section VIII), which I verily believe is mine, on account of having been the first to make use of the same, (or on account of having acquired it from, naming the person, whom I verily believe to be the original proprietor thereof). The said specific trade mark consists (here must be inserted a description of the trade mark, recited in order, and the motto or mottoes, in order to explain the pattern furnished), and I hereby request the said specific trade mark to be registered in accordance with the law. I forward herewith the fee of $25 in accordance with section 10, of said act. In testimony thereof, I have signed, in the presence of the two undersigned witnesses, at the place and date hereunder mentioned. (Place and date). (Signature of the proprietor). Signature of the two witnesses. 1()2 READY REFERENCE MANUAL. X. An applicatiou for the registration of an Industrial Design shall be made in duplicate, after the following form : 7'o the Minister of Agricnlture, ( Trade Mark and De%ign Branch), Ottaioa, Canada. I, (name of the person), being a resident of Canada, and now residing in the (city, town or other locality, as the case may be), in the (name of the Province, as the case may be), hereby declare that I am the proprietor of the Industrial Design, of which duplicate copies are herewith forwarded, and which consists (here insert a description of the design, and an explanation of its use), and I hereby rec[uest that the said Industrial Design be registered in ac- cordance with the law. I forward herewith the fee of $5, in accordance with section 26, of the " Trad*' Alark and Design Act." (Section 26 specifies a fee of $5 for such designs ; for extension of time, $2 ; fee for certi- ficate, $1 ; fee for recording assignment, $2 ; and 50 cents ^ 100 words for reports of designs). In testimony thereof, I have signed, in presence of the two undersigned witnesses, at the place and date hereunder mentioned. (Place and date). (Signature of the Proprietor. Signature of the two witnesses. XI. An application for the registration of a timber mark or marks shall be made in duplicate after thf following form : To the Minister of Agriculture, {Trade Mark and Copyright Branch), Ottawa, Canada. I, (name of persons or firm), of (residence), engaged in the busi- ness of lumbering, (or getting out timber and floating or rafting the same), within the Provinces of Quebec and Ontario, hereby re- quest the registration of the accompanying timber mark (or marks), which I (name of person or firm), declare was not in use, to my knowledge, by any other persor than myself at the time of my adop- tion thereof, and cf which the following are a description and drawing (or impressions), in duplicate. RULES AND FORMS FOR TRADE MARKS. 103 1 herewith forward the fee of $2, required by "£n act respect- ing the marking of timber." In testimony thereof, I have signed the appllcition in the pres- ence of the two undersigned witnesses at the pla^e and date here- under mentioned. (Place and date). (Signature of '^he Proprietor). Signature of the two witnesses. PART IV.— CHAP. III. GENEKAL I'ROVIBIONS OF PAKTNEKSIUP LAWS. Paitueisbips way consist of one or more persons who shall be called general partners, and who sliiiU jointly and severally be respon- sible, as general partners now are by law, and of one or more per- sons who shall contribute to the common stock a specific sum in actual cash payment, as capital, and who shall be called special partners, and shall not be personally liable for any debts of the partnership, except in such cases as is hereinafter mentioned. The persons forming such partnerships shall make and severally sign a certificate, which shall contain the names, both Christian and sur- uime, and respective jjlaces of residence of all the general and spe- cial partners, distinguishing who are the general and who are the sjiecial partners, the amount of capital which each si)ecial partner contributed to the concern, the general nature of the business to be transacted, and the time when the partnership is to commence and when it is to terfliinate. No such partnership shall be deemed to have been formed until a certificate, made as aforesaid, shall be ac- knowedged, by all the partners, before some justice of the peace, and recorded in the office of the recorder of the county in which the principal place of business of the partnership is situated, in a book to be kept for that purpose, open to public inspection. If the partnership shall have i^laces of business situated in different coun- ties, a copy of the certificate, certified by the recorder in whose office it shall have been recorded, shall be filed and recorded in like- manner in the office of the recorder in every such* county. If any false statement shall be made in any such certificate, all the persons interested in the partnership shall be liable, as general partners, for all the engagements thereof. The partners shall for at least six consecutive weeks immedialely after such registry, publish a copy of the certificate above mentioned in a newspaper printed in the county where their principal place of business is situated ; and if no such paper be there i^rinted, then in a ue"/spaper printed within the State or province nearest thereto. In case such publication be not so made the partnership shall be deemed a general partnership. PARTNERSHIP LAWH. 105 Renetnals and rontlnuatio7ia oi a, limited partnersliip beyond tlip time originally agreed upon for its duration, a certificate thereof shall be made, acknowledged, recorded, and published, in like man- ner as is provided in the preceding sections for the original forma- tion of limited partnerships; and every such partnership which shall not be renewed in conformity with the provisions of this section shall be deemed a general partnership. The business of the part- nership shall be conducted under the firm name contained in the certificate provided for as aforesaid, which firm name shall in no case contain the name of any special partner, and the general partners onlj' shall transact business ; and if the name of any special partner shall be used in such firm with his consent and privity, or if he shall personally make any contract respecting the concerns of the partnership with any person except the general partners, he shall be deemed anel treated as a general partner. During the contin- uance of any partnership under the provisions as aforesaid, no capital stock thereof shall be withdrawn, nor any division of in- terest or profits be made so as to reduce such capital stock below the sum stated in the certificate before mentioned ; and if, at any time during the continuance, or at the termination of the partner- ship, the property or assets shall not be sufficient to pay the part- nership debts, then the special partners shall severally be held re- sponsible for all sums by them in any way received, withdrawn, or divided, with interest thereon from the time when they were so withdrawn respectively. No general assignment by said partner- ship, in case of insolvency, or where their goods and estate are in- sufficient for payment of all their debts, shall bo valid, unless it shall provide for a distribution of the partnership property among all the creditors in proportion to the amount of their several claims. In case of an assignment as aforesaid, the assent of the creditors shall be presumed, unless within sixty days after notice thereof, they shall dissent ; and no such assignment shall be valid unless notice thereof shall be given in some newspaper printed in the county where the place of business of the party making it is situ- ated (or, if no newspaper be printed in such county, then in some newspaper printed within the state or the province, nearest thereto) within fourteen days after the making of such assignment All suits respecting the business of such partnership shall be prose- 166 READY REFERENCE MANUAL. cuted by and against the general paitnerH only, except in those cases in which provision is made as aforesaid, that the special partners shall bo deemed general partners and that special partnership shall be voided by acts and noncompliance with the law ; in which cases all the partners deemed general partners shall join or bo joined in such suits; and excepting, also, those cases wliei< special partners shall behold severally responsible on account of any sums by them received or withdrawn from the common and origi il capital account as hereinbefore provided. No dissolution of a lii ted partnership shall take place, except by operation of law, befor- the time speci- fied in the certificate above mentioned, unless a n( ice of such dis- solution shall be recorded in the Recorder's office ii which the orig- inal certificates or the certificate (as the case may h-,') of renewal or continuation of the partnership was recorded, and unless such no-* tice shall also be published for six weeks, in ^-()me newspaper printed in the county where the certificate of formation of such partnership was published according to the conditii Jis hereinbefore set forth ; but if no newspaper shall, at the time r.f such dissolu- tion, be printed in such county, then as in the original cases in the state or province nearest thereto. The Closing up of Business in case of death of one of the part- iiei*«hip, is one of the very important provisions in a carefully drawn up co partnership deed ; it should provide for a speedy and practicable settlement by the surviving partners. The usual prac- tice is that the surviving partners, within sixty days after such death shall proceed to make a full, true, and complete inventory of the estate, goods, chatties, rights, credits, moneys, and effects within his or their knowledge, and shall cause the same to be ap- praised by two competent freeholders or landlords of the neigh- borhood, one of whom shall be selected by the surviving partner or partners, and the other by the Clerk of the Court having probate jurisdiction, making a full and complete schedule thereof ; which said schedule and appraisement shall be sworn to by said appraisers before the Clerk of such Court, specifying that the property de- scribed in said schedule is appraised at its true cash value ; which schedule shall by said appraisers bo filed in the office of the Clerk of the Court having probate jurisdiction, immediately after the completion thereof. It is the duty of such surviving partner or rARTNERsnir laws. I(i7 partnern, immediately upon the tiling of bucIi bchedule of ap})niiBe- ment, to file with the Clerk of the Court having probate juriediction, his or their affidavit that the schedule filed by said appraisers con- tains a full, true, and complete list of all the liabilities of said firm at the time of the death of said deceased partner : to which said list of liabilities said surviving partner or paitners shall also ap- pend his or their afiidavits testifying to the correctness thereof. Upon the filing of the inventory, appraisement, and list of liabili- ties, as before mentioned, such surviving partner or partners shall execute a bond, payable to the state or province, in the sum of double the amount of the interest of said decedent, as shown by said inventory, appraisement, and list of liabilities on file, condi- tioned for the faithful performance of his or their trust, signed at least by two good and sutficient freehold sureties, to be approved by the Clerk of the Court. If such surviving partner or partners shall fail to file such bond within the number of days usually allowed in general cases of a similar kind in the state or province,the Judge of the Court having probate jurisdiction shall appoint a receiver to take charge of the assets of such firm, who shall proceed to settle the same as though a voluntary assignment of the assets of said firm had been made for the benefit of creditors. If such surviving partner or partners shall fail to file such niventory, appraisement and list of liabilities as first stated in this winding up process, or shall fail or refuse to take upon him or themselves the settlement of the business of such firm, the Judge of the Court having probate ju- risdiction, upon petition filed by any one interested in the settlement of such partnership, who shall proceed to settle the name as though a voluntary assignment for the benefits of the creditors had been made by the surviving partner or partners of such firm. Any per- son interested in the settlement of such partnership business may file a petition in the Court having probate jurisdiction, to have a receiver appointed to settle the same, and shall give the surviving partner or partners at least ten days' notice of the time of hearing and the place of such hearing, in the said petition ; and if, upon the hearing thereof, the Judge of such Court shall be convinced that such partnership business is not being properly settled, or that the assets of such firm are being wasted, he shall appoint a receiver to settle the same, as heretofore provided for in the fore- going instructions. Ifi8 RFADY RKFERKNCE MANUAI-. Upon the Hettlomont of fluch piirtncrHhip biisinesH, tho surviv- ing partner or partners Hhall ntport tho Hanio to the proper Court, and pay the HurpluH belonging to such deceased partner into Court, to be paid out, on tho order of the Probate Judge to Huch person or persons as the Court may have found entitled to the same by law. Such surviving partner or partners shall settle such partner- ship business within two years, usually from the filing of such in- ventory and appraisement, unless the Court, for good cause shown, shall grant a longer time. Upon the final winding up as aforesaid, tho bondsmen upon application to the Probate Court Judge may have their bonds cancelled. Tho foregoing instructions if carefully followed, explains the universal proceedings of co-partnerships ; in some states and in the provinces, slight variations in minute details may appear, but the substantial legal embodiments, are contained strong enough to practically need little or no change. Wo have after great research and comparison of this co partnership law, as in eft'oct in the differ- ent states of the United States, and in the difl'erent pi'ovinces of Canada , found so little difference, as convinced us of the utility of embracing under a general line as in the foregoing, the legal and proper proceedings, to be adopted in any state or territory, or of the provinces, upon which it is calculated to treat. PART v.— CIIAl*. III. rANDr.onn and tenant. — the oKNEUvr, law iiRAniMd upon thk RtoiiTH OF llOTII. EsTATKH AT wii.L. — Estatc'H ftt Will iiiay be (letGrniinoil by one montb'H notice, in writing, delivoietl to the tenant. Tenancif.3 AT WILL, AND FROM YEAH TO YEAii. — A tenancy at will can not arise oi' be created without an express contract ; ami all general tenancies, in which the prcmiHOH are occupied by the con- Hout, eitlior express or implied, of lln^ luudlord. shall bo dconicd tenancies from year to year. Notice to petermine tenancies i kom year to year. — All tenan- cies from year to year may be determined by at least three niouths' notice given to the tenant prior to the expiration of the year ; and in all tenancies which, by agreement of the parties, expr<'88 or im- plied, are from one period to another, of less than three months duration, a notice equal to the interval between such periods shall be sufficient. Form op notice. — iMay be used in erase of a tenancy from year to vear. Rochester, Monroe Co., New York, Jan. 5th, 1889. To William Jirown : — You are hereby notilied to deliver up to me, at the expiration of the current year of your tenancy, which expires the 12th day of April next, the possession of the 354 East Main St., in this city, (or as the case may be the north half of lot 24, in the 3rd range, &c., if a farm), now held by you from me as tenant. Elijah Roland. Non-payment of rent notice. — If a tenant refuse or neglects to pay rent w'.wn due, ten days (uukss provided by special provision between the landlord and tenant, in the body of the lease, or in 11 170 READY UEFEIIF.NCE MANUAL. writing if tlie loaHO in not writteu), nolico to i|uit nhall tletnrniino th« leiiHj', when not coinplind with. The follow ing form of notice or Hotuething Hiniilnr Ih Hufticic-nt : IJuilington, Vt., February 6tli, 1881). To /tlc/iard Dales : ~1 licrcby give you notico to deliver up to nio nt thn expiration of ten (lays from tlio time of lioing Herved with tluH n( tice, or pay to me the rent due, the posscHHion of th(( piemiweH now occupied l)y you, namely : Lot nundiered 10 on Market St , in the city of iiurliugton, and county uf Chitteutlen, and Stuto of Verniont. John Sink. Place of paymknt. — Where it is not fixed by agreement, the landlord or hin agent, must demand the Hanie on the premiweH junt before sunset on the day Hpeciiied. Cannot err thei s. — Unless expressly authorized the tenant cannot cut trees ni)on land, except for necessary firewood. Makino uEi'Aius. — A covenant is never implied that the lessor will make any repairs. In the absence of a a tenant agrees to pay, as rent, a part of crop raised on tho leased premiHcts, or rent in kind, or a cash rent, the landlord Hhall have a lien on the cro]) nuHcd under Huch contract, for tlu! payment of such rent ; which lien, if i\m tenant i efuse or neglect to pay or to deliver to the landlord such rent when due, m.ay be enforced by sale of such crop, in tho same manner as tho lien of a bill of sale or chattlo mortgage ^containing a power to sell. E.FE(!TMENTS AND sEizuuEs. — No landlord between the hours of sunrise and sunset, shall by himself or his duly authorized bailift", forcibly enter upon the premises of any tenant, or otherwise make distraint for rent. 77ie process o/ attaehitient for rent diii\ lies unch^r tho common laws and customs everywhere; but the right to sell tho same is only permitted under the laws of some states and in the provinces of Canada. Tho practice and law is to bring suit and prove the legality and justice of the debt, as in any other cause. But where a lease exists aiid the landloid has fultilled his cove- nants, tho debt is as de/easelcss as a promissory note, " for value received." PART VI.— CHAP. III. MASTER AND SERVANT. The word servant, is a gfcneric term, embracing slaves ; but where slavery does not exist, a servant is one wbo by liontract has bound himself (or herself as the case may be) to render service to another, who in respect to the subject matter of the contract is bis master. The contract hiring may be verbal or in writing ; if it be for more than a year, it must be in writing, or it will be valid only so far as the parties have acted under it. When the time of service is fixed, neither party has the right to terminate it, except for good and siilHcient cause. The servant must obe\ all proper directions in respect to the service, attend faithfully to his duties, and be guilty of no g'ossly immoral or indecent behavior. Leaving without sufficient cause : — The penalty for leaving without sufficient cause, or if the master shall wrongfully discharge him, is the payment of such damages as the other party can show he sustained. Where a wrongful act is done by a servant by direction of the master, or in his presence, so that his consent can be fairly implied, or as a natural or probable result of directions given by the master, or in the exer» cise of a discretion which the master has given, the master is answer- able in damages to the person injured. If a servant steps aside from his duty to commit an intentional wrong, ho alone is liable therefor. But if a railroad ctaiductor should in defiance of his orders, and wilfully and wantonly iuHict an injury upon a passengf^', the company would be liable, because it was its duty to see that t/ie conductor, placed and intrusted to fal/il their contract of carrying that passenger, was not i?itr listed to those who would negligently or jnirposely violate it. These rules of liability on the part of the master do not apply in favor of a servant who is injured by the carelessness or negligence of a co-servant, unless he can show that the servant causing the injury was incompetent or an unfit person to be engaged ii^. such em" ployment, and that the master knew it when he employed him. One who entices a servant away before his time of service has expired, or who injures him so that he cannot labor, or who seduces a female servant, is liable to the master of «uch servant for damages. ixtiW OF APPUENTICESIIIP. 173 LAW OF Ari'EENTICESHIP. Apprentice, a persou bound to service for a term of years, aad receiving in return instruction in bis master's business. Appren. ticesliip had its origin in the system of associated trades which prevailed in Europe in the middle ages. It was the mode of ac- (piiring freedom under the huv to exercise a trade, but exists at present chiefly as a convenient means of accpiiring knowledge of one. Apprenticeships are first noticed in the English statutes in 1888. The London apprentices ligured as an important body during civil wars. Their term of service was seven years. Early in the present century apprenticeships, as a necessary means of access to a trade, was abolished. In almost all the United States and in each Province of Canada, the contract is provided for by statute. In some of the States it is regulated by the agreement between the parties, confirmed by the parent or guardian of the apprentice, the time being sometimes a rule and custom, but more generally the attainment of efficiency. New York State by statute of 1871, the term of apprenti -iship must be not less than three or more than five years. In other states the statutes limit the time and stip - uhites the hours of service, the education j)eriod8 in each year in the common schools, etc. But in no state does the law bind the apprentice to serve longer than the years of his majority. In Rkspect to ApriiENTiCESHips Generama' : — It has bee 'leld tluit the indenture cannot be assigned by the master, unless with the infant's consent or under the sanction of well settled usage. The apprentice cannot abandon his service unless his master deserts him. The master cannot turn away the apprentice for ordinary misbehavior, such as idleness or drunkeness ; and if the apprentice is ill, the master is bound to provide proper cars and medicines. The employer may maintain an action for the value of his appren- tice's services against anyone who entices him away, or wilfully harbors him after his desertion, with knowledge of his dt sertion and his apprenticeship. The obligation of the apprentice is dis- solved by the death of his master or insolvency. Dissolved by dis- charge witLout cause, entitles the apprentice to wages for the entire time of his apprenticeship, served and to be served. Marriage of a female apprentice annuls her obligations. PART Vn.— CHAP. Til. EXTRADITION OF I'UUITIVE I'ELONS BETWEEN THE UNITE]) STATEH AND CANADA. An act rospectiug the treaty betweea Great Britain and tbe United Stati's of America lor the appreliension and surrender of certain ollenders. Tiie act recites tbe treaty signed at Washington on the 9th day of August, 1842, and ratitications exchanged at London on the 30th of October tbe same year, and then enacts :— ( 1 ) As amended by subsequent statute, 24, V. C G, that upon coiuphiint made under oath or atfirmation, charging any person found within the limits of the provinces (now Dominio]i of Canada) of Canada with having committed within the jurisdiction of the Unit- ed States of America, with any of the crimes herein enumerated, viz : — the crime of murder, or assault to commit murder, piracy, ar- son, I'obbery, forgery or the utterance of forged paper, it shall be lawful for any judge of tbe Supreme Courts in the Provinces, or any County Court judge or any recorder of a city, or police magistrate, or stipendary magistrate, to issue his warrant for tbe apprehension of the person so charged, that he may be brought before such judge or other officer, and upon being brought before him, under the said warrant, it shall be lawful for such judge or other offi(xn- to examine upon oath any person or persons touching the truth of such charge ; and upon such evidence as, according to the laws of the Provinces, would justify the apprehension and committal for trial of the person so accused, if the crime of which he shall be so accused had been committed heiein, it shall be lawful for such judge or other officer to issue his warrant for the commitment of the person so cliarged to the proper gaol, there to remain until surrendered according to stip- ulation of said treaty, or until discharged according to law ; and the said judge or other officer shall thereupon forthwith transmit or de- liver to the Executive at the seat of government all the testimony taken before him, that a warrant may issue upon the recpiisition of the United States for the surrender of such i)erson, pursuant to the said treaty. EXTRADITION OF FUGITIVE FELONS. 175 2. (An amendment to the foregoing statute.) In every case of complaint as aforesaid, and of a hearing upon the return of the wnr- rent of arrest, copies of the depositions upon which the original warrant may have been granted in the United States, ( according to the laws of the different states ) certified under the hand of the per- son or persons issuing such warrant, and attested upon oath of the party producing them, to be true copies of the original depositions, may be received in evidence of the criminalit}' of the person so ap- prehended. 3. ( As further amended by Act of Parliament.) It shall be law- ful for the Governor General, upon a requisition made as aforesaid by the United States, by warrant under his seal to order the person so committed to be delivered to the person or persons authorized to receive sucli person in the name and on the behalf of the United States, to be tried for the crime of which such person stands ac- cused ; and such person shall be delivered up accordingly ; and the person or persons authorized as aforesaid may hold such person in custody, and take him to thp states or territories of the United States, pursuant to the said treaty ; and if the person so accused es- capes out of any custody to which he stands committed, or to which he has been delivered as aforesaid, such person may be retaken in the same manner as any person accused of any crime against the laws of this Province, may be taken upon escape in a like manner. 4. ( As further amended.) Provides that any person so arrested, if not delivered up within two rionths after such commitment, any of the judges of the Superior Courts having power to grant writs of habeas corpus, upon application made and proof given of notice to the Secretary of State, may order such person to be discharged out of custody, unless sufficient cause be shown to tht. contrary. THE WELDON EXTRADITION ACT OP 1889. An act to extend the provisions of the Extradition Act. Whereas, it is expedient to make further provision for the ex- tradition from Canada of fugitive oftenders from foreign states : Therefore, Her IMajesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — 1. In case no extradition arrangement, within the meaning of 176 READY UEFEI5ENCE MANUAL. '* The Kxtradith^t Act^^ exists between Her Majesty and :i foii'igu state, or iu ease such an extradition arrangement, extending to C^aiiada, exists between Her Majesty and a foreign state, but does not include the crimes mentioned in the schedule to this act, it shall, nevertheless, be lawful for the Minister of Justice to issue his warrant for the surrender to such foreign state of any fugitive oftender from such foreign stal- charged with or convicted of any of tile crimes mentioned in the schedule to this act: Provided, always, that the ariest, connnittal, detention, surrender and convey- ance out of Canada of such fugitive ollender shall be governed by the i)rovisions of '• The J'Jxtrudition Act,'' and that all the provis- ions of the said act shall fil^'ly to all steps and proceedings in re- lation to such arrest, committal, detention, surrender and convey- ance out of Canada, iu the same manner and to the same extent as they would apply if the said crimes were included and specilied iu ail extradition arrangement between Her Majesty and the foreign state, extending to Canada. 2. All expenses connected with the arrest, committal, deten- tion, surrender and conveyance out of Canada of any fugitive ofi'eii- der under this act shall be borne by the foreign state applying for the surrender of such fugitive oftender. 3. The list of crimes in the schedule to this act shall be con- strued according to the law existing in Canada at the date of the commission of the alleged ciime, whether hy common law or by statue made before or aftfsr the coming into force of this act, and as including only such dimes, of the description comprised in the list, as are, under tliut law, iudictaljle oftences. 2. Tue provisions of this act shall apply to any ci'ime mentioned in the said schedule, ciommitted after the coming into f()rce of this act, as regards any foreign state as hereinafter provided. 4. The foregoing provisions of this act shall not come into force with respect to fugitive oftenders from any foreign state until this act shall have been declired by proclamation of the Governor General to be in force and efl'ect as regards such foreign state, from and aftei' a da}' to be named in such Proclamation ; and the provisions of this act shall cease to have any force or efi'ect with respect to fugitive oftenders from any foieign state, if by proclama- EXTHADITION OF FUGITIVE FELON'S. 177 tion the Governor General declares this act to '>e no longer in operation as regards such foreign state. 2. The day from and after which, in such case, the provisions of this act shall cease to have force and efTect shall be a day to be named in such proclamation. 5. This act shall not authorize the issue of a warrant for the extradition of any jierson under the provisions ofthisBtatute, toany fitiite or country in which by the law in force in such state or coun- try, such person may be tried after such extratlition for any other otl'eiice than that for which he has been extradited, unless an assur- ance shall lii st have been given by the executive authority of such state or country, that the person whose extradition has been claimed shall not be tried for any other offence than tiiat on account of which sLioh extradition has been claimed. SCHEDULE. (1) Murder, or attempt or consi>iracy to murder ; (2) man- slaughter ; (3) counterfeiting or altering money and uttering coun- terfeit or altered money ; (4) forgery, counferfeiting or altering or uttering what is forged, counterfeited or altered ; (5) larceny ; (6) embezzlement ; (7) obtaining money or goods or valuable se- curities by false pretences ; (8) rape ; (9) abduction ; indecent assault; (10) child stealing; (11) kidnapping: (12) burglary, house-breaking or shop-breaking; (13) art on ; (14) robbery; (15) fraud committed by a bailee, banker, agent, factor, trustee or mem- ber or public officer of any company or municipal corporation, made criminal by any law for the time being in force ; (16; any malicious act done with intent to endanger persons in a railway train ; (17) piracy by municii)al law or law of nations, committed on board of or against a vessel of a foreign state ; (18; criminal scuttling or destroying such a vessel at sea, whether on the high seas or on the great lakes of Noi'th America, or attempting or conspiring to do so; (19) assault on board such a vessel at sea, whether on the high seas or on the great lakes of North America, with mtent to destroy life or to do grievous bodily harm ; (20) revolt, or conspiracy to revolt, by two or more persons on board such a vessel at sea, whether on the high seas or on the great lakes of North America, 178 READY BEFEUENCE MANUAL. agaiust the authority of the inaHter ; (21) adiuiuiHteriiig drugs or using iustrunients with iuteut to procure the miacarriage of a woman ; (22) any oft'ence which is, in the ca.se of the principal ofi'ender, included in any forgoing portion of this schedule, and for which the fugitive criminal though not the principal, is liable to be tried or punished as if he were the principal. CHAPTER IV. I'AUT I.— Tlio MiuriaKi! Laws tus irgiilatod l.y statutes in cacli Slate and Territory of the United States and in each Province in tlie Dominion of Canada. Wiiere a licensi; is reipnred. A-^es of cai)al)ility to eider the contract witli parents' consent or wi'hout. AVliere ^hlrriaK<• is regarded as a civil contract and where it is not. AVho can i)erl'orni the ceremony. Whi-n^ living together as hnsi.and and wife consti- tutes a lawful marriage. PART II. — Married woman's separate riglds resjiei'ting the ownership and disposition of property. Her liahility for her luisband or family debts. Debts antenuptial and otherwise that both husband and wife assume. PART III.— The linws of Divorce; The causes for which decreed; The time action nuist be commenced, and its effect on ]n-oi»erty of both iiarlies. PART IV. — Woman Kiiirrage in United States and elsi'xv here. PART I.— C!HAP. IV. MARRIAGE LAWS. Alabama. — The State recjuires a mairiage license. INIales of the full age of 21 years, aud females 18 years of age can lawfully enter the marriage contract without consent of parents or guard- ians ; ministers of the gospel, justices of the peace, notaries of public, judges and justices of the courts, are authorized to solemnize marriage. Living as Man and Wife does not constitute a marriage, rec- ognized in any manner by law. Whites Cannot Intermarry with any person having more than one-half colored blood by descent. Marriage does not Legitimize all children born in wedlock ; If mother is enceinte at marriage, the husband can or may not recognize the issue ; supporting the child and using his name com- pletes its legitimacy in the eyes of the law. Persons Cannot Mutually Contract, except in the i^resence of a minister or other officer qualified to perform marriage, aud two other witnesses, without a license. Registration of Deaths, Births and Marriages shall be re- 180 HEKDY UEFEltENCE MANUAL. ported to tlio Secretary of the State Board of Health l)y phyHiciaiiH, midwivcH and officers performing the luurriago cereuiouy, within 30 dayH thereafter. FiiisT CousiNH can enter marriage in thib State, bnt certain religious denominations refuse according to their church edicts, to perform the marriage. Arkansas. — The State requires a marriage license ; the County Clerk issues it ; the fee is !$2,5(). AdKS UK Cai'AIUMty :— MuloH 21 and females IS can enter the marriage contract, if otherwise capable, without consent uf their parents or guardians. Males 17 and females 14 with the consent of the father of either contracting party, at time of obtaining the license, are privileged. Who can Solemnizk : — Alarriagos can be performed by all minis- ters of the gospel; judges of all the courts, justices of the peace and the governor of the State. Living as Man and Wife has been held by the inferior courts as a lawful marriage ; but is regarded as (questionable Jaw. Whites aue not Pkoiiiiuteu to marry Indians, but the mar riages of whites with negroes are void by the statutes of the State it is regarded by experienced lawyers as unconstitutional. REGisTKvnoN: — All marriages must by a certificate of Mie ottici- ating minister and the license be recorded with the Coi> Clerk within sixty days thereafter. iMauuiaue LEdiTniizES all childrcsn born in wedlock or otherwise as set forth in the statutes as follows : •' Sec. 2525. — If a man have by a woman a child or children and afterward shall intermarry with her, and shall recognize such children to be his offspring, they shall be deemed and considered as legitimate. FiusT Cousins cannot intermarry. Arizona. — A marriage license is recpiired ; males 18 and females 16 can enter marriage vows, when the female obtains the consent of her parents or guardian ; under these ages both recjuire consent. MARRIAOF, lAWfl. 181 TuK Law.s of Ai,.vi!.vm\ ill other rospects are followed, except that whites are prohibited to iutoriuarry with Moiigoliaus. California.— A raarriage liceuse is required ; the clerk of the County Court iHsues it ; the fee is $2.50. AfJE OP Consent :— Maloa must be 18 and females 15 years of ago, and not prohibited by relationship. Without consent : male 21, female 18. Who can Solemnize :\rARuiA(iES :— All ministers of the gospel and every recognized rehgious body according to their creeds, viz:— R:ibl)ic:^, QnalvOVH and Friends; justices of the peace; judges of the diilercnt Courts of Record. Mariuaok a Civn, Contract:— Where marriage by mutual agreement, apart from adulte,\, or compulsions arising therefrom, and assumption of martial rights and obligations : the laws of Cali- fornia regard it as full and suflUcieut. First Cousins and intermarriage with Mongolians are prohib- ited. Registration :— All marriages must be recorded within thirty days thereafter with clerk of County Court. Colorado.— A marriage license is required the same as in Cal- ifornia. Aoe of Consent :— ^Males 14 years of age and females 12 years of age, with the coiisciut. of lather of botli contracting parties, or the mothers as the case may be. Without consent of parents : males 21, females 18. Intermarriage of races is forbidden, if ihe blood by descent is more than half Indian, Mongolian or negro. Connecticut :— Marriage licenses are required ; the County Clerk issues them, the fi'e is $1. Ages ok Consent.— Males 14, females 12 ; no license can be ob- tained without the personal application of the male conjointly with • his father or prospective father-in-law. Without consent, male 21, and female 21 years of age. 182 READY UEFEIIENCE MANUAL. Voin Marhiaokh : — All iiiftrriugoH soUiimiizfid between persons of closor than coiisinH of second dugioo by blood or fhst def,'ree by marriage law ; insane and idiotic persons ; under lawful age ; iDy force, and bigamy. MAniiiAfiE Leoamzkb all children born in wedlock. LivrNa TociETiiiiu ah Man and Wife does not constitute a law- ful marriage. Makuia(ies by Mutual Agreement are not recognized by law ; the coroniony niUHt be performed by a duly authorized minister of the gospel or oth(!r authorized person by his society or body ; a miigistrato, judge or suporinUiudant of some public benevolent in- stitution. I'crsons living in fornication are liable to prosecution. Dakota. — A marriage license is not re(|uired. Any male of the age of 18 years and female of 15 years, having no natural or other discjualification, are capable of consenting to and consummat- ing marriage. The marriage may be solemnized by either a justice of the peace, judge of the Probate Court or Supreme Court, mayor, a minister of the gospel, or priest, of any denomination ; and in case of Indians, by the peace-makers, their agents or suiierintendents of Indian affairs. Indians living as husband and wife, are, according to Jndian customs of the chiefs, regarded as married. All marriages contracted without the Territorj' and valid wliere made, are good here. All children born in wedlock are presumed to be legitimate ; a child born of the same parents before wedlock, becomes legitimate by the siibsccjuent marriage of the parents. A joint declaration of marriage by either a written agreement or substantial witnesses to o entered in a book to be provided by such oflice, in alphabetical order of the name of each [larty, and in the order of time of tiling ; this entry niUHt Hpecify the name and place of rcHidence of each party : the time and j)laco of marriage; the name and oilicial .station of the person signing the certificate, and the time of tiling. A certificate is signed by a minister or priest, there must be en- dorsed or annexed before filing, a certificate of a magistrate residing in the same county with the clerk that the person by whom it is signed, is personally known to such magistrate and has acknowl- edged the execution of the certificate in his i)reaence, or that the ex- ecution of the certificate by a minister or priest of some religious douoiiiination has been provt^d to the magistrate by the f)ath of a person known to him and who saw the certificate executcul. 15y an act approved INIarch I'-i, ISK;!, laws of Dakota, (^haitter l;{7, page 204, sec. 3, it is made the duty of the coroner to obtain statistics of the number of deaths, the ages and nativity of deceased, and cause of death ; also the births and maniages each year; the registration of these is impel ative within IH days. Delawaro. — ^^ar^iage licicnses are rciiuiied ; the clerk of the county and city courts issue tlieni. AoEs oi' Consent : — The common law regulates the age if an objection arises to the age of a male; the female cannot be under 12 years of age ; parents consenting to the marriage of a female under this age are liable to severe penalties under criminal proced- ure. Males are of full age at 21, and females at 18, and conse quently can do all lawful acts of their own free will. M\UHi\GE WITH Nkouoes and mulattos is prohibited ; the statute is silent upon the marriage of Indians and Mongolians. The prohibition in this respect is regarded as unconstitutional. 184 READY REFERENCE MANUAL. Makhiaue Leqitimizes all children buru under marriage, but children born of the same parents before marriage, are illigitimate. Living as Man and Wife or mutual agreement marriages are in any manner illegal ; marriage is regarded as a status relation made sacred by divine ordinances. Marriages must be recorded by a certificate of the oflBciating person, along with the license, with the recorder of deeds, within three months. Who can Solemnize: — Ministers ordained or authorized by their church ordinances or society customs, and the mayor of the city of Wilmington. Georgia. — Marriage licenses are required bj' the State ; the ordinary or his deputy issues them ; the fee is .fl.75. Ages of Consent : — Males 17, females 14, if not otherwise pro- hibited. Officers Authorized to Solemnize, are ministers ordained by any body, or denomination recognized by the people as a religious society; justices of the peace; judges of the State and United States Courts. Registration must be immediately made by filing a certificate from the oflBciating person along with the marriage license. Lawful Ages of males 21, females 18, after full age if no other hinderance by being closer relationship than cousins of second de- gree, insane, under age of consent, physically incompetent, white with a negro of more than half blood, force, fraud, bigamy or otherwise, they are free from restraint. Marriage by banns, and by the rules of Quakers is recognized; living as husband and wife is not ; marriage by mutual agreement in presence of witnesses does not constitute a legal marriage. Marriage Legitimizes all children born of the same pai*ents be- fore wedlock and after. Children or a child born before marriage must take the fathers name and be recognized by baptism and sup- port as the child or children of the father. Marriage is a Civil Contract, but ranks under divine law as well as the state law. MARniAOE LAWS. 185 Florida. — Marriage licenses are required under the laws of the state. Ages of Consent : — Males 14, females 12 ; both of tbe contract- ing parties must have their father's consent to and a joint application (of at least one of them) in obtaining tbe license. Without consent both must be 21 years of age. Voidable jNlARniAGEs:— All persons within the Lnvitical degrees bigamous or negro blood ; all these are prohibited under the mar- riage license code. Living AS Man and Wife does not bj' limitation of time or com- mon assumption of marital relations, legalize apart from the re- (piirements of tbe status of church and state laws, a marriage. It is fornication and living in adultery, and every child born under such relations is deemed to be illegitimate in heirship claims. (See Wills.) Illinois. — A marriage license is rcquiied. except where the in- tention of the parties as hereinafter provided, is by the discipline of their society or denomination published in the forms of their society. The Clerk of Each County is the person who issues them ; the fee is $1. For issuing them contrary to the law, he makes him- self liable to a fine of $300 for each ott'ense. Males 18 Yeaks of Aoe and ujiwards to 21 ; females 14 years and upwards to 18; must have the consent of their father, ( if living and capable ) if not living or capable, then the mother or the guar- dian, as the case may be, of either, before a license can be procured. Who are Qualified to Solemnize Mahriaoes: — All ministers' priests, elders, bishojis, deacons of every denomination, if by the government of their body authorized ; every justice of the peace and judge of any court of record; superintendent of any public institution for the education of deaf and dumb in this State ; per- sons known as members of the society of (Quakers or Friends, may lawfully marry by having the parties declare their intentions to a standing committee of an official meeting, at least one week before, and appearing in public or private gathering before official witness, es of said body, with a certificate duly setting forth the names and 18 186 READY REFERENCE MANUAL. residences of eacb contracting party, and of the parents of each, if living, which said certificate shall be signed by the parties and the official witnesses, and shall be publicly read by one of the witness- ing parties and afterwards recorded on the records of an organized meeting of said society. Marriage Legalizes all children born in wedlock, and the "Bas- tardy Act" provides as follows: — "If mother of bastard child, and reputed father, shall at any time after its birth intermarry, the child shall in all respects be deemed and held legitimate." Whites are not restricted from marriage with blacks. Registration, by the party performing marriage ceremony, by a certificate, must be filed with the license (if a license lias been used) with the county clerk in the county wherein the marriage was cele- brated. Living Together as Husband and Wife does not constitute a marriage; but if their was such an agreement consummated in writing entered into, at common law it would be held valid. Marriage is a civil contract in Illinois. Marriage Between Degrees prohibited by law (Cousins of first degree included) are void. Indiana. — Males 18 years of age and females IG years, can lawfully enter the marriage contract, but cannot obtain a license without the consent of parents or guardians. If either party has one-eighth more than half colored blood, such person cannot marry a white. Judges of courts of record, justices of the peace, and ministers of the gospel, and priests of all denominations, can solem- nize marriages. Licenses must be obtained from the clerk of the Circuit Court (except members of the Society of Friends) of the county in which the female resides. Males under 21 and females under 18 cannot without consent of parents or guardians secure a license, except if the female has no parents or guardians within the state, and has been a resident of the county for one month previous and is over the age of 16. If a female is pregnant at time of mar- riage, the marriage legitimizes the offspring. All marriages must be recorded with the certificate of the person solemnizing it, and the license with the clerk of the Circuit Court within three months thereafter. A penalty of a fine of $500 can be imijosed l)y law for MARRIAGE LAWS. 187 unlawfully Bolemuiziiig any niarriapfe. A fine of $20 can be itni)OHe(l upon the clerk for issuing a license conti'ary to the provisions of the statute. Iowa. — Males of the age of 16 years and females 14, can enter marriage, but cannot obtain a marriage license without the consent of parents or guardians until they arrive at their lawful majority. Licienses must be obtained from the clerk of the County Court. All ministers and priests ordained as such in their form of denom- ination, mayors, justic^esof the peace, and judges of all the courts can perform the marriage ceremony. Living together as man and wife, constitutes a marriage. Voluntary agi'eement to join in mar- riage in the presence of witnesses is recognized as legal. Marriages must be recorded within three months. Idaho. — No marriage license required ; the custom is to file a notice in the county or city recorder's office one week previous, and obtain a certificate from such city or county clerk of such notice ; this takes the place of a license. Ages of Consent: — Male 18, female IG. The same ages without consent. Prohibited Deouees. — Same as Alabama and also in other re- spects. Kansas. — A marriage license is required by this State. Age of parlies are not specially fixed by statute for matrimonial pur- poses. Probate judges, however, are accustomed to require consent of parent or guardian in case of minors, before granting a license. Who can Solemnize Marhiaoes: — Any judge, justice of the peace or licensed preacher of the gospel ; forms of marriage common among Friends and Quakers ; being called three times in banns, by the Roman Catholic church, arc also valid. Living Tooether as Husband and Wife openly in co habition and repute, is not provided for by statute; it has been sustained by the courts as legal maiTiage. Marriage Legitimizes all children born thereafter, during wed- lock. 188 READY REFERENCE MANUAL. MuTDAL Agreements in inarriages before witnesseB or in writ ing, are not provided for by statute, but have been recognized by the courts as legal. REfiiHTRATioN Lawb are a perfect nullity ; there is a board called the State Board of Health, whoso duty it is to see that the registra- tions of births, deaths and marriages are made, but as there is no penalty attached and the present legislature has refused to amend the laws and to make a grant for its maintenance, it is about obso- lete. The Mariuaoe of First Cousins is forbidden by law. Mar- riages between whites and blacks are lawful. Kentucky. — Marriage licenses are required. No male or female can be capable of entering into wedlock, and participate in marital relations, unless they are 21 years of age and have obtained a marriage license from the clerk of the county court wherein their marriage was solemnized, except and provided that they are of the age of consent, namely, male 14 and female 12, and that the father of the female, or if he is incapable, then the mother or guardian, shall join in the application for such license and be present at the marriage ceremony. Prohibited Degrees: — Ancestors, decendants, brothers, sisters, nephews, nieces. Voidable Marriages: — All bigamous, insane, idiotic, and mar- riages to negroes. LiviN(4 as Man and Wife does not constitute a civil marriage between them and the public, but at law and in property they par- take of a legal status, by implication. IVIarriages must be recorded within 90 days thereafter. IiOuisiana. — The laws of the state require a license. Males of 14 and up to 21, and females of 12 and up to 18, can marry only with their parents' or guardian's consent in obtaining the license. Ordainkd Ministers and forms according to any religious de- nominations, and magistrates are the only duly authorized and legal forms of marriage. No Child Born withiH four months after marriage is of lawful birth. MAltKIAUE LAWH. 189 LiviNv Whom Iksukd: — In lialtiniore City the license is issued by the cK'rk of (Joininon I'leas; in tlie State outside of Baltimore, Ity the clerk of the Circuit Court of tlie county in which the woman rc- siik's. The fee is Jjil. — Code 1H7!^, Art. 51, Sec. 7, amended by act of IHHH. A«Ks oi' Cai-aihiitv : — A male Itetween 21 and 14 years of age or a femalq between 10 and I'J, can marry with such consent as the issuer of the marriage license reijuires, from the parents of either, or guardians, as the case may be; over this age they reciuire no con- sent.— Code 1H7N, Art. 7-2, See. 111. MiNisTKUS OK TiiK (4o8i'iii, OuDAiNEU Call oiily solemiii/.c mar- riages, apart fn^iii the (Quaker customs. TiiK ^Iauiuagk oi- a Whitk and Black aue I'uommTKLj an Indian and a white may marry. All Chilorkn ok Any Child born in wedlock are in the eyes of the law legitimate. Living as IIushand anu AVike does not constitute a lawful marriage; a ceremony is necessary. — ;{5 Md., 361. Penalties irNi)Eu;ritE Statutes : — Unlawfully j)erformiiig a marriage between parties within the degree (ancestors, descendants, Itrothers, sisters, nephews, nieces), are liable to a fine of |500 each, and the minister in like amount. Marrying without a license or publication of banns, $100 each, and minister $100. Marrying a white and a black, the minister $100 tine. For marrying men under 21 or women under 10 without sealed assent of jiarents or guardi- ans, minister liable to a fine of $1500. Any unauthorized person celebrating marriage can be fined $500. — See Code 187H, Art. 72, Sees. 3 to 103 inclusive. Minnesota. — Marriage license is rely void. LiviNo AS Husband and Wife constitutes lawful marriage when they by re])eated acknowledgments of marital relations to the world admit of their conjugality. Makriaoe is a Civil Contract, which may be entered into only by the persons, to- wit: 1. Must be willing to contract. 2. Must be free from previous marriage, by death or divorce- ment of previous husband or wife (as the case may be). ;j. Must not be related by blood or marriage witliin certain degrees (such as first cousins). 4. Must be sane and within the ages and under tlie regula- tions hereinbefore mentioned. Clergymen or Others solemnizing marriages between parties that are under age, without consent of and in the presence of pa- rents or guardians, as mentioned in the first paragraph, are liable to a fine of $300. 194 HEADY UKFEUENCE MANUAL. New Hampshire. — Tin- State n.-ijuiri'H a licensf, iiixl the <-l('rk of till" Cuiuity C(»urt isHUCH the Kauu'; the fee i.s ♦L.'iO. Lawfdi- Aoes ok C'onbknt. — Malt'H 14, fcinah'H 12. Withnut coii- Huiit — maleH 21, fcinak'B 18. M1NI8TEKS OK THE GoHi'Ei., juKticcH of tlu' jicacc, aiuT every judj^e of the United States Court and tlie State CuurtH, can 8uleiiini/e marriages, LiviN(i AH HtJHiiAM AND WiKE to tile World, Constitutes a riglit of coniinunity at civil law, hut otherwise illegal. Ali, Children born in wedlock are regard.ed as lawful in heir- Hhip clainiH. New York. — The state exacts no license. Every Mai-e, not proliibited hy other disability, of is years of age, and every female of 10 years can without consent of par- ents or guardians, enter the marriage contract. IMauiuaoe is a Civil Contract and any stipulated ceremony is not prescribed by law to constitute a legal marriage; the simple consent and taking each other for husband and wife in the pres- ence of witnesses and registering the same with the town clerk or local board of health, is sulhcient. TAviiiy as inttii and wi/e and holding out to the world as such, constitutes a lawful marriage. 77ie law does not restrict the age of either in cases recpiiring the consent of the parents or guardians. Maukiagks may he Solemnized by the following, for better registration, but not any. more legal: — Ministers of the gospel of any denomination; priests and rabbis; justices of the peace; may- ors, recorders and aldermen of cities; judges of all the courts, and justices of all superior courts. WinTE.s ARE NOT PuoiiiKiTEi) ill luaniage with Indians, Mon- golians or blacks. Degrees prohibited are: Ancestors^ descen- dants, brothers and sisters. Mauiuaue uxdkr Wedlock does not always legitimize every child or the children born therein; unnatural births by law, are a question for medical testimony'- to prove to the satisfaction of the court, along with evidence of the time of marriage. Any child MAUIIIAOE LAWS. 195 liorii out (»1 wt'dlork is ilK-<;itiiitato, ami iiy, is not re(U)gni7.ed by law. A I'enalty of not less than $100 or more than ^300 can be imposed upon any ))erson pretending to be ((ii.ilitii'd to jx'rform the marriage ceremony, or imprisonment for six months. Or a penalty of $10 can be imposed for celebratii\g a marriage by a (iua'ifief banns. All Cleiujvmen authorized by their cliurcli edicts; all religions sects or bodies recognized .as such according to their forms and by the pt'rson or persons whose authority is delegated by siieh sect, society or body; justice's of the peace and superintendents of any benevolent or religious institution, are ((ualilicd to perform the marriage ceremony. W^isCOnsin. — No marriage license is reipiireil. The same regulations as in operation in the Htiite of New Jersey. Ages of Consent: — Male IS female 15; without consent, males MARRIAGE LAWS. 201 21, feinalt'H 18. (After marria^o, if a female is under age by law, she is regardcfl as of age, even if only 16 years.) The Same as New Jersey in every other rebpect. Wyoming Territory. — A marriage license is required; tlie age of consent is, male 18, female 10; without consent, male 21, female 18. Prohibited Deobee.s: — Bigamous, insane Avhen married, force or fraud, are void marriages. Living as Man and Wipe does not constitute a marriage at law civilly or otherwise; recognized as living in common adultery, and the offspring are bastards. Washington Territory. — The territory demands a marriage license; males of 21 years of age and females of 18 are capable to enter into wedlock of their own free will and accord if no legal or natural impediment; persons of both sexes under that age cannot without the consent and by the application jointl}"^, of one or more of their parents on each side, or the guardians, as the case may be, obtain a license. All regularly ordaineerson or in writing, unless the jiarties liave heen previously married, when such con- sent is dispensed with. TirK Auk of Maioiutv in this State of holh male and female is21. Chii.duen Boun of the sami' niotlier and father ) trior to mar- riaij;o are hy the marri;i any religious societies which have no licensi'd minister, may solem- nize hy the jterson, and in the manner ]»rescrihed hy, and practiced in, any sucdi so(Mety. Every marriage in the State must he under a license, and solemnized in the manner and under the penalty hond hereinhefore provi township or city, can receive a commission to perform marriages. Quakers are Permitted by the forms of their society to con- summate marriages. Marriage is a civil contract. Living as Man and Wife cannot be recognized under the law in any manner. Marriage only Legitimizes the oll'spring born under wedlock as laid down by medical jurisprudence as the natural time after marriage. Every Marriage must take place in the presence of at least two witnesses, besides the person officiating the marriage, and immedi- ately thereafter a certificate thereof shall be made and transmitted 206 READY REFERENCE MANUAL. to tbe clerk of tho peace of the county (the Hamo being Higned l)y the persons joined in wedlock and witnessed by the witnesseH to tho marriage, called the bridesiuaid and groomsman) wherein the marriage was celebrated, and he immclKitely registers certificate in full in a book kept for that purpose. Persons unlawfully solenmizing marriage can be convicted of misdemeanor and iiued $500, or both in the discretion of the court. Province of Nova Scotia. — The age of conHcnt in murriagc is 14 in mak'H and 12 in females. If, however, they go through the form of marriage before that age, such marriage is inchoate (begins) and imperfect, but not void; if on arriving at the age of consent, they co-habit or continue co-habitation previously begun, the mar- riage is good, by reason of the subsetpient ratification of the inchoate contract. Neither males nor females cease to be minors for the marriage contract, until they arrive at the full age of 21 years. The English statute 20 Geo. II, C 33, which made consent of parents and guardians essential to the validity of all marriages of minors by license, div nmtiiiil contrnt't, eveu tliough witnosecil, Ihonuiiriago vianh; it ib ilk'giil umlcoiitnuy to public niorftl.s. Ai,r- Races cuii, without hit or hiiKltuuce, if olhciwiso tupablc, iutoruiarry. llK(ii8'ntATU)N must bo uiiulo witli the tloputy regintrur of eveiy iiiarriage, but tbo law docs uot limit the tiiue within which theHauio is luado. All Cuiluren Bukn in Wedlock are logitiiiiate. A chihl or t'liii- dreu born previous to inarriago, has uo legal btatuH under the laws of descent in heirship claiuis. Province of Quebec. — A marriage licenHe ia re(iuired,uulc8S where bauus are published; the provincial secretary issues them over the seal and hand of the liouteiumt-goveruor ; the fee charged is $8. Both male and female must be of the full age of 21 years, before they can without the consent of parents or guardiuus obtain a mar- riage license. The age of consent of a male is 14, and a feniale 12. All minors must receive permission in writing or personal consent of the father of either to the obtaining of a license. Mauiuaoe Lkoalizes all children born of the same jjareuts and acknowledged as such by the father, whether boru before or after wedlock. All PiuKSTS, Rkctohs, ministers, and other officers authorized by law to keep registers of acts of civil status, are competent to sol • emuize marriages ; but none of the officers thus authorized can be compelled to solemnize a marriage to which any impediment exi.^t.s according to the doctriue and belief of his religiou, and the disci- pline of the church to which he belongs. Registration. — {A.) Immediately after marriage {/)'.) If the marriage is solemnized at the place of the domicile of one or the other of the parties. If solemnized elsewhere, the person officiating is obliged to verify and ascertain the identity of the i)arties. For the purpose of marriage, domicile is established by a residence of six months in the same county. {O.) The act is signed by the officer officiating the marriage, by the partie.9 contracting, by the grooms- man and bridesmaid, or two other competent witnesses, related or not, who witnessed the ceremony. If any of the parties cannot 208 HEADY KEFEKENCE MANUAL. writu ur Ki|rii the (lecliiiHtioii, ii iiicnioranduin inuHt bo luiule \o tluii effoct. In iliis tlucltiratiuii in avi forth : (1) the day on which the iiiairiiigu WAM Huloiiini/.e(l ; (2) the uumc>H, but iiiiiiieH, (jiiulity or oo- ciipatioii 1111(1 (1<))iiicilu uf the particH iiiiuricd, the uhiiioh of tlie fiithor !Ui(l mother of eiirh, or the imino of the former huHhaml or wife, if widower or widow ; (3) whctlior tbo j»articH ure of age or iiiiiiorK; (I) whotlier th((y wore married after tiie pubhnitiou of baiiiiH or with a diHpeJiHatioii or HceiiHO; wlietlier it wa8 with the coiiHout of thtir father or mother, tutor, or guardiau, or with tlie advice of a family council, when Huch couHent or advice in required ; (5) the namoH of witneHHOH, and if they are related or allied to the partioH, and if so, on which side and in what degree ; (G) that there has been a protest and if the j)roteHt was allow(!d or diHallowed. LivjNn AH HusuANu ANiJ WuK dooH uot coustitnte a lawful n)ar- riage. Maiuuaoe ih a llKLioiuim C^ONTUAUT, but tho statute givoH it a civil dfect. I'AliT II.— CHAl*. IV. Mitiricil wuiiiaii'M si'itaratt' i'i;^lils rcsiNi'liriK IIk' lioldin;; aiiil ili.s|N).sitii)ii of |irr liaMlitv lor la-r liii.sliaiurs ilclils, ami llir liiLshaiMls liiiliility for licr drliLs iM-forc aii Statr atirt!viouH to the iiiHiriii;,'!-, uv tu which hIiu luiiy becuiiio tiititlcil after iiiarriuf^u, is tho Hdpanito ostiito of tlio wile;, mid is not Hubjoct to th«i piiyuiont t T tht) huHbiitid'H (lobtH, which property vostH in tlm huKbaiicl as truH- teo. Such properly may bo sold by the huhbaud um] wife, and coi'- veyed by them jointly by iiiatrument in writing', attested by two witnesseH. Arkansas. — Same as Alabama. California. — Married women can make any contracts concern- ing their separate projjerty with their own husband or any peison else ; and can make the same dis{)osition of her property by will or otherwise, as her husband can with his. The separate estate of e'LUer is not liable for the other's debts. Community property (that is, property ac(iuired by husband and wife by their united imlustry and saving, during marriage), is liable for debts i»f the woman be- fore her marriage. Husband has absolute control, during lifetime, of community property, and m.>iy dispose of same without wife's joining in conveyance. Colorado. — ]\Iarried women hold their separate estate, real and personal, free from any liability or control for, or of, their hus- bands. They can do all business the same as before their marriage. Connecticut. — All women married before May Isl, 1877, hus- bands have an interest in their property, for iLe use of her real es- tate and as trustee of her personal estate, unless conveyed to her separately, and for her own se])arate use specifically. Marriages contracted since the 1st of May, 1877, give neither any interest in the estate of the other while living, and each is responsible for his 210 READY IlEFEKENCE MANUAL. or her own contracts ; for the support of the fiunily, both lue hold liable. Married woiueu carrying on businesH may bind their hepii- rate estate, and contracts entered into by a luarriid woman on her personal and individual credit for the benelit of herself and family or her joint and separate estate, will be ei' forced. By statute of 1878 all i^roperty hereaftei' conveyed to t. married woman shall be held to bo her sole and separate use, rnd will be liable for her con- tracts. Dakota. — Married women can indeijendently manage, control and dispose by will or otherwise, their separate estate both real and personal. Her property is (■xem])t from any creditors of her hus- band. Delaware. — ]Married women possess full rights and control in managing and disposing by will or otherwise of their separate estate. They can engage in business or trade and reijuire no per mission of their husbands. The husband assumes the antenuptial debts of his wife. District of Columbia. — The right of a married woman to property held by her at the time of, or accpiired by her in any other way than by gift or conveyance from her husband during, marriage, is as absolute m if she were unmarried and of full age. It is not subject to her husband's disposal nor liable for his debte, and she may contract, sue, and be sued in respect to the same, in her own name, as if she were unmarried. Held, that under this law the earnings of a married woman, in trade, at service, or otherwise, are still the property of her husband as at common law. In the ac- knowledgment of deeds, married women must state that it is with- out compulsion of her husband and that she fully understands its contents. Florida. — The separate property of a married woman is a distinct right of her own ; but conveyances between husband and wife are not accepted, unless for full consideration. Georgia. — All j)roperty of the wife in possession at time of marriage or afterwards accpiired by her, is her separate property, and not liable for the payment of any debts, defaults or contracts of the husband. Wife cannot bind her separate estate by any contract MARRIAGE RIGHTS. 211 for auretj-ship, whether in behalf of her husbauil or any perKon else. Any sale of the wife's property in payment of her husband's debts is absolutely void. It has been held and decided that though she was in full consent at the time of the conveyance, she can at any time afterwards repudiate it and recover the property from any one buying it with a knowledge of her interest. Idaho. — The real and personal property of a married woman, owned at the time of n)arriage by her in fee simple or afterwards by devise or bequeath, is not subject to the control or liability of the husband in any respect. Illinois. — Married women may own real estate, and can sell or manage the same to a like extent that the husband can prop- erty belonging to him. No transfer of chattels between husband and wife, when living together, is valid against third persons unless in writing and duly acknowledged and recorded. Contracts and liabilities of married women can be enforced against them the same as if unmarried ; they may buy goods, etc, but cannot enter into partnership or embark in business, without the consent of their husband. Neither husband nor wife are liable for debts ante, nuptial, but both are responsible for nc'cessaries furnished or re- ({uired for maintenance of the family. The wife has a dower in her husband's lands, and must join in all conveyances or instru- ments affecting the same, except a mortgage given as a part pay- ment of purchase money. Iowa. — A wife may receive the wages of her personal labor and maintain an action therefor in her own name, and hold the same in her own right ; ami she may prosecute and defend all ac- tions at law or equity for the preservation and protection of her rights and property, as if unmarried. Neither are liable for ante- nuptial debts of the other, but the joint savings after marriage will be held for their antenuptial debts. The sej^arate wages, earnings or property or the rent or income of such property liable for the separate debts of either. Contracts may be made by a wife and liabilities incurred, and the same enforced against her, to the same extent and in the same manner as if she were unmarried. The expenses of the family, and the education of the childien are chargeable upon the property of both husband and wife, or either 212 KEADY ItEFEltENCE MANUAL. of thorn, uud iu lulutiou thereto they may be Hued joiutly or Heparatoly. Indiana. — Chap. 71, Skc. 5115. — "No lands of any married womau shall bo liable for the dobta of her husband, but such lands and the profits therefrom, shall be her separate property as though she were unmarried: provided that she shall have no power to in- cumber or convey such lands, except by deed in which her husband shall join." Sec. 5119. — A wife cannot enter into any contract or surety- ship, whether as indorser or guarantor, all acts of hers in this re- spect are void. Sec. 5125. — " The husband shall be liable for his wife's antenuptial debts and liabilities, to the extent of the i^erson- al property he may acquire through her, or derive from the sale or rent of her lands or money. The wages of a married woman be- long to her and cannot be taken for her husband's debts. Any agreement in consideration of marriage is void. Kansas. — Married women enjoy the same rights as to their separate property, real and personal, as their husbands. They may engage in business at pleasure, and be sued and sue for their own ;ontracts. Kentucky. — Married women hold their- separate estate free from the control or liability for debts of husband. Upon the joint petition of husband and wife, the circuit court may empower the wile to trade, etc., as a feme sole. Louisiana. — Married women may hold in their own name her marriage portion or property separately acquired or become seized of through heirship after marriage, and such property is not liable for her husband's debts. Mariuahe produces of right are many under the marriage contracts, as all considerations in mar- riage are binding ; a community of ac(]uets and gains, which are composed of the joint earnings and acc^uisitions of husband and wife since marriage. At the dissolution of the marriage, either by death, divorce or legal separation, she is entitled to one-half of all community property. All privileges of married women arising out of the husband's use or apropriation of the wife's separate property, in order to affect third persons, must be recorded in the office of the recorder of mortgages. A married woman in order to make a MARRIAOE niOIITS. 213 valid contract with a third person respecting her separate property, must be by the approval of her husband or the judge of the county court. When the husband pennissively allows his wife to engage in business, she may without being empowered by him, obligate herself in anything relating to her business, and in such case the husband is bound also, if there exists a community of property be- tween them. Maine. — Married women may manage tlieir own affairs in all respects the sr.me as their husbands or as if they were unmarried. They may convey, and devise property, sue and bo sued, alone or jointly with their ]u]sl)and.s. Thoii- property may be attached for their own debts ; husbands are not liable for the antenuptial debts of their wives, unless they assumed the paymetit of any of them af- ter mannage, which would hold them for all her debts, (see R. S. of Mn , Chap. 61.) Wives need not join in deeds or mortgages of their husbands or community property. Maryland. — Tiie property of a married woman is not liable for her husband's debts. She may however bind her separate prop- erty by an instrument in writing expressing such intention. When conducting a business as a feme solo, and in that character contracts debts, she may be hold, though she may not have entered into any written contract, by contract implied in her act. Execution and attachment may issue against ?ior separate property for her own debts and where she has united with her husband, in a promise to pay either as a joint maker or indor.ser. ]\Iarri( d women cannot go into partnership, jiarriage lixes the liabilities of tiie wife upon the husband, precontracted. Massachusetts. — A married woman may hold property to her separate use ; she may invest the rents, profits, etc., thereof, her earnings, and whatever she has received for release of dower ; and said property, rents, prollts, etc., is not subject to the husband's interference or control, nor liable for his debts. She may convey her property, make contracts, sue and be sued, as to her separate account and may carry on any trade or business, as if she was un- married, but the husband must join with her in real estate and other business conveyances. A trustee may be appointed on her petition to take charge of her estate in insolvency. The husband is not 214 READY REFERENCE MANUAL. liable for contracts of wife doing business on her separate account, after filing a certificate with town or city clerk setting forth her name, l)usineBs, etc. She must also file a certificate to secure with town or city clerk setting forth her name, business, etc , and that she is not liable in any way for her husband's debts or business. The wife may be sued and her separate property attached for ante- nuptial debts ; the husband is not liable for such debts. A guar- dian may be appointed for an insane woman having the right of dower. A married woman whose husband has abandoned her, or has been sent to prison, or is otherwise incapable, may be author- ized by the courts to convey property, to make contracts, and to sue and be sued. Michigan. — Married women have the same rights ai;d liabil- ities with regard to their sole jiroperty as if unmarried. In devis- ing her pro])erty she must obtain her husband's consent, and in con- veying or mortgaging her separate real estate, the husband must by right of courtesy join. She can mortgage her property or go on a bond or security for her husband's debts. Minnesota. — All property owned by married women at time of marriage shall continue to remain her separate property after marriage, and she may enjoy rents and profits, and avails of her industry, free from liabilities on account of husband's debts ; shall be bound by her contracts, and responsible for torts committed by her, same as if unmarried ; may make any contract which she might make if unmarried, and shall be bound thereby, except that no con- tract or conveyance of real estate or any interest therein, other than mortgages on lands to secure purchase money, and leases for terms not exceeding three years, shall be valid, unless husband joins ; no estate by the courtesy as against purchase money mortgage given by married women. If husband is insane she may make such con- veyance or contract, by joining with the guardian of her husband. No married woman liable for the debts of her husband,- or larried man for those of his wife, entered into before or after coveiature of man-iiige, except for necessities furnished wife and family ; no con- veyance agreement or contract of real estate between man and wife is valid. In all cases where creditors or purchasers in good faith come into question, husband held to have notice of contracts and MARRIAOK RIGHTS. 215 debts of wife, and wife notice of contracts and debts of husband, as fully as if a party thereto. Minority of a wife does not aftect validity of a joint deed. In cases of actions on the part of the hus- band, that would be substantial causes for divorce, the husband becomes silent to his rights over his wife, in any of the foregoing privileges of conjugality. Missouri — Married women may hold real property to their Bolo and separate use, with or without the intervention of any person or free from liability of her liusband's debts. All persojial property and chos^s in action, belonging to wife at marriage, or thereafter by gift, becjuest, inheritance, or by purchase with her separate money, or due as wages of her labor, or which may have grown out of her per- sonal rights, remain her separate property, and not liable in any way for iior husband's debts. A married woman by the privity of her husband, may carry on any trade or business, in which case the stock and products of her earnings are absolutely her own, but on the other hand all contracts, either by note or account, in connection there- with, are lawful charges upon her separate estate, reserving such exemptions as provided by law thereto belonging. Montana. — All separate estates of married women, or earn- ings or emoluments therefrom, brought into marriage or afterwards accjuired, belong to her. The husband is free from all antenuptial liabilities. All acts of the wife in writing either in behalf of her husband or otherwise, are binding upon her, unless obtained by com- pulsion or fraud. Nebraska. — jNlarried women may own, devise, lease, control, and convey their real estate, by (k'L'd or by will, in the same inan- ner and with like effect as il' she were single. By law of June 1, 1871, and as amended February, l.sVs, the jiroperty real and per- sonal, which any married woman may own at the time of marriage, and the emoluments thereof, and any real, personal, or mixed prop- erty, which shall come to her by descent, devise, gift of any person, excepting her husband, or which she shall ac(juire by purchase or otherwise, shall remain her sole and separate pro])ert3' •'^'"^ "***' '^^ subject to the disposal of her husband, or liable for his debts JSIarried women, while the marriage relation exists, may bargain, sell and convey their real and personal property, and enter into any 216 READY REFERENCE MANUAL. contract with rcfcM'cnce to the H.aine in tho same mannor, to tlic same extent, and witli like affects, as a married man may in relation to his real and personal property. She may sue and lie snod, as if unmarried; siie nni^' carry on a business or trade, on her sole and separat(! account. If married out of tlic State, she shall, if her liusband afterwards becomes a resident of this State, enjoy all rights of ])roperty which six; may have acquired by the laws of any other State, etc., or by virtue of any marriage contract or settle- ment made out of the State. New Hampshire. — The husband has no right or control over his wife's property during her natural life, but as his courtesy after her decease, and aside from courtesy and dower, the husband has the same rights as heir to her estate, as the wife would have to her husband's, were he dead and she living, 'i'hey cannot, how- ever, become indorsers or surety for any person's debt, other than their own. Husbands are not liable for antenuptial debts of their wife, if she were under the age of her majority, and living in her parents' home and not making her own living; Imt over her major- ity, the marriage places all liabilities incurred by her upon the husband. New Jersey. — A married women can hohl property both real and personal, since the law of 1875; she can bind herself by contract the same as of age and unmarried, and her contracts may be enforced against her in Ikm- own name apart from her husband; but she cannot become an accoTnmodation indorser, guarantor, or surety, nor is she liable on any ))romise to answer for the debt, de- fault, or liability of any one or other person. Husbands are not liable for antenuptial debts of their wife. New Mexico. — Husband's creditors cannot reacli property owned by the woman at the time of her marriage, and one-lialf of all property accpiired after marriage, but all such property is liable for necessities consumed by the family. New York. — married women hold their separate property free from the control of their husbands. Their obligations, unless given in a business conducted by them, or for the benefit of their separate estate, are not enforceable, unless expressly charged, at MAHUIAOE mOHTH. 217 their privity, with the obligation. They can make power of attor- ney, execute, acknowledge and prove deeds, as if they were of age and unmarried. South Carolina. — Married women can control all property real and personal, lield at time of marriage, or that which slu- may afterwards acquire, either by gift, grant or inherifanct', devise or descent, without being in any manner liable for the (U'bts of her husband She can devise, bcfpieath or dispose of the same apart from her husband, in a lik(! manner and with like effect as if she were unmarried. All debts of the wife before marriage, can be sued and charged upon tlie joint ac(piirements of both. Con- veyances, contracts or agreements, between man and wife, are re- garded as invalid. North Carolina. — The real and personal propeily of any female in this State, acquired before marriage, and all projjcrty which she may, after marriage, become entitled to, sliall be the sole and separate i)roperty of such female, and shall not be liable for any debts, obligations or engagements of her husband, and may be devised or bequeathed, and with the written consent of her hus- band, conveyed by her if she were unmarried. No woman during coverature, unless a free tratb^r, shall be cai)able of making a con- tract to affect her estate, real or jiersonal, without the assent of her husband, except for family necessaries. Any notes, b ouds, indorsations or other suretyship, for her husband or any other per- son, or persons, are void. Ohio. — The real and personal estate, and tlie rents ami in " come thereof, of a married woman, are not subject to her husband's control, or liable for his debts. The wife ciinuot deed or moitgage, or incumber her real estate, unless her husband joins; but may lease for a term not exceeding three vears. The extent of lethal lia- bility of a married woman is sonu'what uncertain, but giMicraliy speaking, she is liable at law, wheiu'ver a court of e(piily would charge her separate estate. Pennsylvania. — Since 1848 married women retain their real and personal estate, whether acquired before or after marriage, as their own separate property. It is not liable for the debts of the 14 218 READY REFEUENCE MANUAL. liUHbiind; Ixit if ;i di'lit be contracted hy the wife tor necessities furnished for the Hii])port of tlie family, lier property is liable after remedy lias been exhausted ULfainst the husljand. As a general rule a married woman can make a valid contract for the improve- ment or mana<^('ment of her own separate estate without her hus- band, l»ut otherwise she cannot; if credit be ^iven her, even though <'nti;ag«'il in busiiu'ss, no remedy can-be had against her, and the goods sold her cannot be retaken by the vendor. She cannot giv«^ a bond, but she cm mortgage; her real estate to secure a loan, to oiu- not her hus]);ind. Her earnings however belong to lier lius- band, and may be taken in execution by her or his creditors unless secured to lier by proceedings according to law, and recorded as such, to the notice of such creditors. When a married woman clai^is property levied upon by tiie husljaixl's creditors as his, she must show clearly to the court that she owiu'd the same at the time of her marri.ige, or that she has since acipiired it by gift, beipiest or inheritance, or it is the property proceeds of such acquired free- hold or personalty. \lor husb.and must be a i)arty to all incumber- ances and conveyances of her real estate, as to her rights and his of devising proj)erty. See wills for the State. Rhode Island. — Property of a married woman, secured to her use, is not liable for her husliand's debts. She may sell her sejiarate goods and (chattels, except furniliire, ])I;ite, and jewelry, and any contract m;ule in regard thereto renders her separate prop- erty li.able. She cannot by any means, carry on any trade or busi- ness, unless her husband is insane, idiotic or civilly de.ad. Husband is not in any manner liable for the liabilities of his wife prior to their marri.age. Tennessee. — Married women can hold real and personal propert}"^ separate from their husbands, and which neither the husband or his creditor can in an}"^ majiner by law control. The husband is responsible for his wife's antenuptial debts '(the laws of the State interpret the vow "for better oi' wors(> " with all its ful- ness.) Texas. — All property, both real and personal, of the husband or wife, owned by him or her before marriage, and that .ac(piired afterw.ards by gift, devise or descent, as also the increase of all MARRIAGE RIGHTS. 210 lands thus acciiiirod, is tho separate property of her respectively, provided tli.at the hushaiid sliall have, during marriage, the exchi- sive control of the same. All property otherwise aeipiired during ooveratnre, by either party, is community ])roperty and liable for their joint debts. The husband cannot by bed and board adver- tisement, exempt himself from the responsibility of her mainten- ance. The separate estate of both as hereinbefore described, is holden for the maintenance of the family, or improvements upon the same. Vermont. — (l) As real estate belonging to a married woman is conveyed by joint deed of husband and wife, but she is not bound by any covenant in such a deed, her homestead right, not exceeding $500 in value, in real estate of husband, kept by him as such homestead, is not affected by his deed thereof uidess slie join in tho acknowledgement and execution of the same, except in case of mortgage, at time of purchase, for balance of purchase money. The rents, issues and products of her real estate, liers before mar- riage, or becoming such during coverature by gift, grant, devise, or irdieritance, the moneys and obligations arising from the sale thereof, and her husband's interest, therein in her right, is exempt during coverature from execution, attachment or trustee process of hus])aiid's sole debts with proviso, that such annual pro(bicts are not so exempt from his liabilities for necessaries of wife and family, or for cultivation or improvement of such estate. She must join in conveyance of such interests. A mechanic's lien may be charged upon her real estate, when she assents to a contract to be enforced, and in suit thereon she may be joined with her husband and cover- ature is no defence. When abandoned by her husband, or when he is in prison, the Supreme Court may authorize her to sell her real estate, and the proceeds may be used by her durir.g his absence for necessary support of her self and family. A chancellor may allow the use and benefit of her real estate apart from her husband, wherein criminal conduct and illusage would warrant a separation or divorce. A married woman can devise her I'cal estate, or any interest therein descendable to her apart from him. (2) As to per- sonal projjerty, all personal rights acquired by marriage and pos- sessed under the coverature thereof, by inheritance or distribution, are held by her to her sole and separate use. Stocks or bonds of 220 READY RKFERENCE MANUAL. uiiy kiiif], given by parent to daujifhtor, are, with procccilH ami wncd at the time of her marriage, or ac(piired by her after marriage, is not liable to the control of her husband or for his debts. Amended by the Acts of the Legislature of 1m7H, that makes the ownership and liability two distinct rights. Husband cannot 1)0 held fftr his wife's antenuptial debts. Wyoming Territory. — Married women hold their separate real and personal property, acquired before marriage or after, and its increase, free from control of husband and exempt from bis debts. Can devise or bequeath, sue or be sued, and carry on trade as if single. Wisconsin. — Married women may sell, convey and devise their separate estate both real and personal as single. Husband need not join in deed of wife's separate estate ; and the wife need not join in his deeds. The husband is not liable for his wife's an- tenuptial debts. The wife may sue and be sued separate from her MAltltlACK ItlGHTH. 221 LuHbtiiiil. She cHii oinbiirk in buHincHB (but not in co-piirtiierHhii)) on hw Bolo ami iiuk'ponilent iiccuuut, ami all obli^'atioiiH ini'umd she is aluue renponHiblo for, and all ouioluiuonts thort«froiu aro berH. Washington Territory. — Maniotl women only hold prop erty owned at tiuu; of marriaj^e, or acquired afterwardH by inherit- ance, gift, beipieatb, devise or dest-eut, free and dear from her hus- band. All other anjuired under coverature is community pioperty. Antenuptial debts are not allowed against huKbiiud. West Virginia. — Married women by the (Jode of 1H68, chap ter 18(i(J, all the property real and i)orsonal, owned by a married woman at the time of her marriage, or subse<|ueutly accpiired by her in any way, from any person other than her husband, is her sole and separate proi)erty, free from the control and debts of her hus- band. She can sell, convey and devise, this property, freely as if she were unmarried, provided that, in case of real estate her hus- band must join in deed. A married woman cannot carry on trade or business unless she is living separate and apart from her husband. All the debts of the wife after she becomes of age, and prior to her marriage, the property of the husband becomes responsible. DOMINION OF CANADA. Province of Ontario. — A woman married before 4th of May, 1859, may hold property not then reduced to possession of her husband. Page 11G3, Sec. 2, Chap. I'i.-j, 11. S. O. Sku. ;i. — A woman married before May 4th, 1859, is liable for the debts of her husband. All married women between 18.')9 and 1872, may hold property real only, free from the debts of her hus- band or his control. Sec. 4. — All married women whose marriage has been since March 2, 1872, may hold any property free from any estate or claim of their husbands, during her life. Sec. 5. Amends all former clauses and acts and sots forth that all married women previous to the passing of it (March, 1872), can hold their separate estate free from all liability of their hus- band. 222 HEADY uefeukn(;e manual. M;irrit'(l womurrH property i.s lialile jointly with tlii'ir Iiiih- biimi'H ill all uctioiiH uf tortH. Tlic porHotial ciiriiiii^M of n iiiiirrii-d woiiiuii :u'u nut liable fur her hushaiurH (h'htH. A huHhainl Ih not liable for any antenuptial dehts of liiH wife. See. 17, ehap. 126, u. s. o. Any married woman shall !>»• liable on any contract made by her respceting her real estate, as if she were unmarried and of full age. She can be Hued and 8ue in her own name. They can insure their own liveB or that of their husbands, can own stocks, and vote at all meetings, may deposit in bank and check out for her own separate account, (^'an devise all their real and personal prop- erty. The rights of antenuptial marriage settlements are valid. Province of Quebec. — Married women if engaged in busi- ness obligate themselves for all that relates to their commercial affairs, ;ind if common, as to jtroperty with their husl)ands. bind the latter; if separate, as to property, they must register a detrlara- tion to that effect, unless otherwise stipulated by antenuptial con- tract of marriage, or by a decree of the court granting separation of property. Husband and wife marrieos.ti.,n of it ..nly at her h.isban.i's privity (she must "love, honor and obey " all the same). PART III.— CI I AP. IV. DIVOUOE t-AWS OF THE DIKKKUKNT STATUS IN THE INITED STATES AND I'KOVINCKS Ol" CANAIM. Alabama. — The <^n)uii(ls niion wITkOi a decree of divorce can he obtained are as follows: In favor of tlie plaintiflf when the defendant was at time of marriage, iiliysicaliy and incurahly iii- pacitati'cl or impotent; adultery; wilful desertion for two 3 ears; imprisonment in penitentiary for at least two years or over where seiitenire was at least for seven years; commission of crime ai^ainst nature, before or after marriage; habitual drunkenness. To husband, when wife was pregnant at time of marrige, and un- known to him. To wife, for actual violence on her person. 5478 divorces have been granted by the courts since 1807 to 1880. Arkansas. — The statute specifies no previous residence; de- crees are granted on the following being substantially proved by others than tlie litigants: Impotency; adultery; desertion for one year; habitual drunkenness; when the defendant commits bigamy; insanity; conviction for the crime of felony. 4005 decrees have been granted from 1807 to 1880 inclusive. Arizona. — Dissolution of the marriage vows and contracts can be obtained after six months' residence in the territory for the causes, namely: Adultery; wilful desertion for otie year, preced- ing the filing of the application; habitual drunkenness; iidiuman treatment; imprisonment for crime. 1850 divorces since its organ- ization as a territory in 180;< to 1880 have been granted. California. — Civil cod(! of California sets forth the causes for which divorces from the marriage contract can be had as fol- lows: Previous residence not provided; failure to properly pro- vide for one year; adultery; extreme cruelty; wilful neglect of duty; habitual intemperance in opium or other narcotics or liquids; conviction of felony. 12,118 decrees have been granted since 1807 to 1880. BIVOltCE LAWS. 225 Colorado. — After oiu- year's reHideiice a deeree of divorce can be obtained for tlie following causes: Adultery; wilful deser- tion ft)r one year next i)reeeding the tiling of the application; cruel treatment ; non-support for one year. 3211 decrees have been granted from 1^(iratioii nr partial divorce, without liberty to remarriage, lies for the following causes; Cruel treatment; excessive an. Maine. — A year's previous residence by the ]>Iaintifr admits an application to bi' made for the following ca\ises in the divorce court: Adultery; extreme cruelty; impotency; utter de- sertion for three years; faihire to provide and nvaintain the family, no particular time specilied; where both parties are guilty of adul- tery, no divorce can be obtaineil; the j^arties can both be witnesses in their own behalf; contirmed vices or habits of beastly intoxica- tion, causing disreputable and notorious defamation are substantial grounds in all cases on the part of either. Tiie co\irts have issued 4.120 decrees froTu 18(57 to 188(5. Massachusetts. — Three years' residence of the plaintiff en- titles a right to tile a bill for divorce in any of the following causes: Adultery; impotency; extreme cruelty; utter desertion for three consecutive years next to iiiing of the bill of complaint; confirmed drunkenness for at least one year next preceding the complaint; the wife can s(>eure a decree from husband where he wilfully neglects to provide sufticient maintenance; no decree can be obtained, where it is shown the parties have never lived as man and wife within the commonwealth. J)ccrees can be procured wliere either party joins any religious society or body that by their discipline alienates the power and sacreibiess of the marriage cove- nants; imprisoiunent for high crimes. The defendant cannot re- marry for two years and the?) he must receive a license from the court. From 18(57 to 18S0 the court issued 5089 deci'ees. Minnesota. — One year's residence, or being married within the State, is provided by the statute. Divorce decrees are granted for the following causes: Adultery; impotency; cruel and inhu- man treatment; where eitlu'r party after marriage have been in\- prisoned for any infamous arty from the other for three years next preceding the application; 230 READY REFERENCE MANUAL. abandonment of wife l)y liiisbantl and Iuh nct^lcct to sufficiontly provide for her according to liis ineanw; liabitual (bunkenncss for tlie 8j)acc of one year previous and up to tlic filing of the applica- tion; conduct at variance witli true conjugal relations, rendering life and lionie intolerably unliappy. V)1>Iia. — One year's residence next preceding the applica- tion is required under the statute, The court grants relief for the following causes : Adultery ; impotency at time of marriage ; impris- on?nent for felony ; extreme cruelty ; wilful desertion for one year ; habitual drunkenness. The number of decrees granted from 18G7 to 1880 in the aggregate are 3,415. New Hampshire. — The Supreme Court has jurisdiction. DIVORCE LAWS. 231 The causes are as follows : Joining any religious sect that believes marriage unlawful, and refusing to cohabit six months; wilful desertion for three j-ears next preceding the filing of the libel; habitual drunkenness ; absenco without being heard from for a reasonable time ; impotency at time of marriage. One year's previ- ous residence in the State as man and wife shall be proved or no decree can be obtained. The number of divorce bills granted from the year 1807 to 1888 is 2943. New Jersey. — The Superior Court has jurisdiction. Adul- tery ; habitual desertion for three years; impotency at time of mar riage ; intolerable cruelty for eighteen months ; and all the fraudu- ulent causes, a7id such as come under the lawful age of understand- ing, the court dissolves. In cises of desertion three year's prior res- idence in the State must be shown. Habitual drunkenness, impris- onment for felony, and gross neglect of duty, the court grants bills of separation only. New York. — Absolute divorce can only be obtained for one cause, viz.: Adultery, subject to the following facts to be proven: Where both parties were residents of the State when the offence was committed ; where the parties were married within the State ; where plaintifl' was resident of the State when the offense was com- mitted and is a resident thereof when the action is conimenced, or when the offense was committed within the State, and the injured })arty — when the action is commenced, is a resident of the State, Sepdrdtioii can be obtained from bed and board forever, or for a limited time, when the following causes can be maintained: Cruel treatment by the defendant; conduct on the part of the defendant as may render it unsafe and imi)roper for conjugal relations to exist ; neglect of the husband to sufficiently provide, according to his means, for his wife and family. The paiiies to an action in these causes must establish the following facts or no bill of separation will be granted : Both parties are resident of the State when action is commenced. When the parties were maimed within the State and the plaintiff is a resident thereof, when the action is commenced. When the parties have been married without the State, have become residents thereof at least one year, and the plaintiff is such a resi- dent when the action is commenced. Within twenty years from 232 READY REFERENCE MANUAL. 18(57 to 188G, the courts granted 15,35r) decrees of absolute divorces for adultery alone ; 1H,G54 for other causes were granted bills of separation in the same period. Nevada. — The person filing the libel must have been a resi- dent for six months next preceding the filing of the bill for divorce. The causes are as follows : Willful desertion for one year; adul- tery; cruel and abusive treatment; habitual drunkenness ; failure to provide for one year. Within the last twenty years 1178 decrees were granted. Nebraska. — Six months' previous residence is required. The causes are namely: Adultery; three years' imprisonment; wilful abandonment for two years ; failure to provide, no time specified under the statute. Habitual use of intoxicants ; extreme cruelty. 4341 decrees have been granted since 1867. Ohio. — One year's residence within the State is necessary for a plaintiff in a divorce suit. The courts of common pleas have power to grant absolute divorces for the causes by statute expressed as follows: That either party had a husband or wife living at the time of the marriage fi'om which a divorce is souglit ; wilful deser- tion for three years ; wilful fraud in marriage contract ; cruel treat- ment; habitual drunkenness and debauchery for three yoais ; imprisonment of either party for crime in state prison (petition for imprisonment nmst be made while the offending party is under- going sentence.) The procurement of divorce without the State by husband or whereby virtue of which the party who procured it is released from conjugal relations of the marriage, while the same remains binding upon the other party. The number of divorces granted from 18G7 to 1886 were 2G,3G7. Oregon. — One year's residence previous by the applicant is essential. The following are the grounds whereby absolute decrees are granted : Indignities as render life burdensomp, impotency at time of marriage, adultery, conviction for felony, habitual and gross drunkenness, wilful desertion for a period of one year next preced- ing the filing of the bill. The courts have granted in the last twenty years 1689 decrees. « Pennsylvania. -Plaintiff must be a resident next preceding DIVORCE LAWS. 233 the filiug of the potition, of the Conimoiiwoalth for one year. The Suporior courts have full juriwdictiou. The causes are as follows : The violation of the uiarriapfe covenants ; impotency, except the contracting parties were of advanced ago at the time of marriage ; adulterous and lewd conduct not nccepsarily required to bo jnoveu guilty; indignities that render life burdensome; fraudulent con- tract ; conviction of felony, and sentenced for two years in prison ; (action in this last cause must be connnonced during the offending party's incarceration). 1G,020 decrees have been granted within the last twenty years. Rhode Island. — Divorce decrees are granted when the plaiu- tilT to the suit has been up to time of fding petition one year a resi- dent of the State, and the proof of any of the following causes : One year's wilful desertion without reasonable cause ; where any marriage, is originally voidable by law, such as — consanguinity, im- potency, idiocy, lunacy, or convicted to life servitude for felony ; gross and malicious behavior cudangrritories. Prince Edward Island.— See Nova Scotiu. Cape Breton. — See Nova Scotia. British Columbia. — See Northwe.st Territories. Quebec. — Same aa Noithwest Territories. [NoTK. — The proceedings to obtain an act of Parliament for di- vorce in Canada are as follows: Notice of application for at least three calendar mouths must be given in th(} government official 2>ai)er, the " Ctviiulu Gazette" by the solicitors for the i^laintiff, and a similar notice published in the uearewt publication to the known last renidence of the defendant, and upon the opening of Parliament next following, the cause is tried before the judicial committee of the Senate, and if the evidence warrants the recom- mendation of an act, it is reported to the Senate and an act passed. The plaintiff must deposit all costs on both .sides. The hearing is private. The bill, if granted, grants absolute separation and right of plaintiff only, to ro-marry. — The Author.] PART IV.— CHAP. IV. WOMAN SUFFKAOE IN U. S. The following is a statement of the situation in the Woniim Siif- fratire niovenieiit in the United States on the Hrst of January, 1889 : Women vote in Wyoming Territory on all (iuestions on the same terms as men. They voted fur five years on the same terms as men in Washington Territory, but the Territorial Supreme Court in February, 1887, set aside the woman sufl'rage law on a technical informality in the title of the act. The Legislature at its next ses- sion re-enacted the law. It has again been declared unconstitu- tional by the Supreme Court of the Territory, this time on the claim that Congress did not mean to include women in the term " citi- zens " in the enabling act. They voted on the same terms in Utah, until excluded by the Edmunds law, passed by the Forty-ninth Congress. Women vote on school questions with more or less restricrtious in fourteen States, viz: Colorado, Indiana, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, Nebraska, New Hampshire, New Jersey, New York, Oregon, Vermont and Wisconsin ; and also in the Territories of Arizona, Dakota, Idaho, IMontaua and Wash- ington. At the Boston municipal election, Dec. 11, 1888, about 17,000 women voted for school oflicers. TuEV HAVE FULL MUNICIPAL suFERAGE in Kausiis, wlicre in April, 1887, they polled 20,000 votes to G5,435 votes by men. In April, 1888, the women's vote was in about the same ratio to the men's, the number of votes of both sexes being smaller on account of minor importance of the officers to be chosen this year. Women vote (by petition) on the sale of liquor in Arkansas and Mississippi, and in Texas on choosing school officers. In 1887, a woman's suffrage amendment to the Constitution of Rhode Island was defeated in the State by a vote of 21,957 to 6,889; the woman suffrage bills were defeated in the Legislatures of Mas- WOMAN KUFFKAGE. 239 Haelmsetts, Mifhigiui, New York and Imvii. In November, 1S8S, a bill granting to wonjen the full right of aullrage wuti defeated in the Vermont House of Represeutatives. In the Senate of the United Slates, 49th Congress, January 25, a joint resolution proposing an amendment to the Consstitulion of the United Stat, takes the whole property. Fkmaleh aue or Aoe at eij^htoen and are then < nly fully com- petent to devise or beejueath real estate by will. Maiiriaoe, on the Biiith of a Child revokes all wills. A Witness cannot accept a legacy, and a lepfacy to a witncsH is void insomuch, but does not otherwise invalidate the instrument. Nuncupative wills are available in law, when made in the last sick- ness and reduced to writing within five days. California. — iMales and females (married or unmarried) of the full age, which is twenty one years for males and eighteen years for females, of sound mind, can make a valid dis))Osition of their personal and real property by their last will and testament; males of the full age of eighteen can dispose of pcrsoniil projierty by will; females under age caimot. Holograph wills can be established. Married Women can dispose of their separate estates, whether real or personal, by will in the same manner as if unmarried. Every Will must be in AVritino and sigiu'd by the maker in the jiresence of two witnesses, who must in tlu; presence of each other subscribe their names as witnesses thereto (unless the maker cannot write, in which case he or she makes a mark). If a ]\[aukied Man dies Intestate and without issue, his widow takes one-half of all real property he died seized of: if he dies tes- tate and with issue, she takes one- half of all coinmnnity property which is as follows: "All property owned by the husband or wife before marriage and that accpiired afterwards by gift, beciuest, de- vise or descent, with the rents, issues, and profits, is the separate wrrr.H. 251 property of a niarrifid woman; nil oaruings and accuinulatioiiH of the wife and her luinor children living with her and in her cuKtody, while she is living snparate from her huHhand, in her woparato prop- erty; all property accjuired after iiiarriago by either liiiHband or wife during eoliahition, in conimiinity property otlier than the sep- arate proi)erty hereinbefore excepted." If A INfAHRiEn Woman dies Intkstate and WrrnonT Ishuk, the huH- band if he Hurvjves her, is entitled to all conininiiiiy properly and one half of lior separate property. If a Testator Mariuks anh ma "Wipe Sprvives iiim, the will is revoked uideas provision is made for the wife by antenuptial ron- tract. The birth of a child rovoken a will made by the father or the mother or both, unless so drawn as to provide for such child, as a posiiibility. A will exoonted by an unmarried woman is revoked by her subsequent marriage, and is not revived by the death of her husband. A AViij. RfrrsT re Filed for Prorate witliin tliirty days after the information that the maker thereof is dead. Probation and Administration, See Afichigan. Dakota Territory. —Every person, including married women, of scund mind and over eighteen years of ago, may by will (Hspose of his or her estate, both real and personal. A will must be in writing and subscribed at the end thereof by the maker, or some person bo signing it at the request of the maker and in his or her presence, and the person so signing for the maker nnist also sub- scribe as one of the witnesses. The subscription nnist be made in the presence of the attesting witness or be acknowledged by the testator to have been made by him or bj' his authority along with another witness. The testator or teslat)ix must at the time of sub- scribing or acknowledging the .'^anie declare to the attesting wit- nesses or witness that the same is his last will and testament. Each of the attesting witnesses nuist be credible and having no interest whatsoever in the devise or bequests of the will, and each of whom must sign his name as witness at the end of the will, at the testa- tor's request and in Ids presence, and must also subscribe their respective places of residence. 252 READY REFERENCE MANUAL. Descent and Dibtribution of Fropertt. If the decedent leave a surviving liusband or wife and only one child, or the lawful issue of one child, in equal shares to the surviving husband, wife and child, or the issue of such child. If the decedent leave surviving husband or wife, and more than one child living, or one child living and the hiwful issue of others, one-third to the surviving husband or wife, and the remainder to his children, and the lawful issue of his (iocoased children, in ec^ual proportions. If there be no child of the decedent living at his death, the remainder goes to all his lineal descendants. If in the same degree of kindred they share equally, othei'wise according to their right of representation. If the dece- dent leaves no surviving husband or wife, but leaves issue, the whole estate goes to such issue, if living, or in equal parts to those living, anATE OF Will. Last wills and testaments, both of real and personal property, may be admitted to probate upon the oath of any person appointed executor or executrix thereto, or where no ex- ecutor or executrix is appointed, if any other credible person having no interest under the will, that he or she verily believes the writing exhibited as the last will that the testator or testatrix made, and to bo the true last will and testament of the deceased, which probate may bo granted in term or vacation by the several judges of the County Court. Probate is conclusive evidence of validity as to personalty, and prima /iicie e\idGnce an to realty. Probate of wills duly ob- tained in other States or foreign countries relating to property in the State, will, by duly being attested before foreign probate courts, seal and certification, bo admitted and given the same efiect as wills executed within the State. Admiiiisiration. — See North Carolina. Georgia. — All wills (except nuncupative) must be in writing ; the testatrix or testator must be of sound mind and of full age ; no particular ^\ords or form is necessary. The maker must sign the same, or by some other person in his presence, and by his express directions, and shall be attested and subscribed in the presence of the maker, by three competent witnesses. MAiuuEn WoMEX .\ND Aliens possess all privileges of other cit- izens to dispose of their real and personal property by will. The Law of Non-kesident administrator applies to non-resident executo)' or executrix. (Aliens and non-residents are not qualified to act.) Wife's Doweu is the right of a wife to an estate for life in one-third of the lands, according to valuation, including the dwell- ing house (which is not to be valued unless in a town or city), of WILLS. 255 wliicb the busbaml was seized iiuil possessed at the time of Lis death, or which the husband obtained title in right of his wife. Dower may be Bauked by the following provisions when made })rior to marriage and accepted by the wife after the husband's death, expressly in lieu of dower; or when the intention of the hus- band is plain and manifest that it shall be in lieu of dower : By elec- tion of the widow to accept a child's part of the real estate in lieu of dower •. by the election of the widow or a failure to apply for dower within seven years from the death of her husband ; by join- ing in a deed with her husband to lauds, the title to which came through her ; or by adultery of the wife, unpardoned by her hus- band. The widow is entitled to the dwelling house and furniture from the death of her husband until the dower is assigned and her portion of the furniture is set apart. No lien created in any manner by the husband during his lifetime, acts, though consented to by his wife, shall in any maoner interfere with her right to dower. Iowa. — Aliens, married and unmarried women, and every male of full age and sound mind can make a will. Alales 21, females 18. Every will must be in writing and two witnesses must subscribe to attest. Wit/iesses cannot be legatees. Only the persons and chil- dren named in the will can inherit, excepting a posthumous child, which inherits the same interest as though no will had been made. A will holds good (contingently) from the date of its execution ; marriage subsecpient thereto, modiiies it, as the wife inherits one- half of the testator's estate if he dies without issue, and one-third if with issue, and the unborn child or children as shown above. The will is revocable during the life of testator. Where the husband dies intestate the wife receives one third and the residue is distrib- uted share and share alike. Adminlstuation. — See Michigan. Indiana. — Testator must be 21 years of ago, of sound mind, may devise by last will and testamont, any interest descendable to their heirs, which they may have in any lands, tenements or personal property. A married woman can devise her property without any concurrence of the husband. An Indian not a s after the speakiM^• of the teslamentar. words, and it be 2)rove(l by said witnesses that the testator was of sound mind and memory and not under any restraint, and called up(»n sonu; one present at the time tiie words were spoken, to bear witness to such disposition as his will. No Makkied Pekso.v can BEiiUEATii AWAY froui the otlier (luisband or wit'i') nioi-e than (lUe-half (»f his or lu'r propert}', with- out the consent of liie other in writing before two witnesses. AuTiiENTiCATKi) Coi'iKS OF Wii.LS e.vccuted aiid proved accord- ing to the laws of another State relative to property in this State, may he admitted to record in the Probate Court of any county within the State where any part of the property may be situated — and thereafter it shall have the same operation and effect as if originally proved and allowed within this State. Aliens. The constitution of this State provides that no dis- tinction .shall ever be made between citizens and aliens in reference to the purchase or disposition of 2)ro])erty, or its descent by will. Kentucky. — Every person of sound mind not being under twenty-one years of age, nor a married woman, may by will dis- pose of any estate, right or interest in real or personal estate that lie maybe entitled to at his death, which woidd otherwise descend to his heirs or pass to his jtersonal rej>resentative, and though he may become so entitled after the execution of his will. A Pekso.v i'Ni>i:ii TwKNTV-oNK Yeaks oi' A(;k, may make a will in pursuance of a power specially given to that effect j WILLS. 2r)9 :iii(l :i latlior (the U'stator) may appoint \)y will a guardian to his oliild, altliougli lie he umlcr age liiniself. A Mauuiei) Woman may by will dispose of any estate seemed to her separate use by deed or devise, as in the exercise of a writ- ten power to make a will. No Will shall ni: VAr,ii) Unless it is iv Writing, with tlie name of the testator subserii)ed thereto by himself or by some other person in his preseiH;e and by his direction, ami moreover if not wholly written by the testator, the subscription shall be made or the will acknowledged by him in the presence of at least two e:\'dible witnesses, who shall subscribe the will with their nanu's in the presence of the testator. No AlM'OINTMENT MaDE HY Wll.L I.V ExEUCISK OI" ANY I'OWEII shall be valid unless the same is executed that it would be valid for the disposition of the property to which the power a})p!ies if it belonged to the testator, and every will so executed, exct'pt the will of a married woman, shall be a valid execution of a ])ower of ap- poin'ment by will notwithstanding tlie instrument creating the power expressly iXM^uireM that a will made in execution of such power shall be executed with some additional or other form of execution or solemnity. NuNCUTATiVE WiLLS. A soldier in actual service oi- a mariner at sea may dispose of his personal estate by an unwritten will made within ten days of his death, and in the presence of two competent witnesses jiresent at the sanu' time, and called upon by him to witness his iiitvMition, if the testamentary words or their substance be reduced to writing, and subscribed by one of the witnesses within sixty days next after they were spoken. Foreign Wills. A will executed according to the law of the domicile out of the State is valid as to personal jn'operty. Mabuiage revokes a will exct'pt when made in exercise of power of appointment of an estate which would not in default of sucli apj)ointment pass to his or her heirs, persona! representative, or next of kin. A will once revoked must be re-executed or a codicil executed in the manner hereinbefore reipiired to be binding. A CuKiJiTOK MAY' Attest a will, though it charges his estate with the debt. If a will is attested by a person to whom or to> 2()() ItEADY llEFEKENCE MANUAL. whose wife or liusbaiid any bciu'Hcial iiitfrest in ;iiiy I'Htiite is tliorcby devised or hociueutlicd, if tiie will may not. ho otherwise proved, such person sliall he decided a coinpeU'Ut vvitness; hnt sucli devise or hecjiiest -sliall he void; except, it" such witness would he entitled to any share of the estate of the testator in case the will were not established, so much of his share of the estate shall be saved to liim as sliall exceed the value of what is devised or be- •pieathed under tlie will. No Person on Account ok his Bkin<; ExEcuroKof a will, shall be incompetent as a witness for or against the will. Louisiana. — Aliens, married women and minors of sound mind o\ov the ages of 16 can make wills of personalty. All persons devising real property must be of age. Males 21 and females 18. Makuied Women cannot disj^ose of their separate estate only subject to their husband's courtesy, or such protection in certain cases as the courts will grant. Testators need not mention every heir in their will, but the rights of the widow in all community property caimot be abridged. Widows take one half of u.. community property. The Attest of a will must be witnessed by at least two sub- scribing witnesses that are not legatees, uuless that the testator goes and acknowledges his hand and seal before a notary. In such cases the attest of the notary will be sufficient evidence. Holo- graph wills can be established by proof of the same being genuine. Nuncupative Wills are only accepted by sailors, and persons whose vocations are limited or restricted by similar service either upon the high seas or in defence of their country. Massachusetts. — ( 1 ) Every person of full age and sound mind may by his last will in writing dispose of his estate, both real and personal. This applies to both sexes, married or unmarried. Full age in this commonwealth is twenty-one yeafs for both sexes. A Mariued Woman may make a will in the same manner and Avith the same eftect as if she were single ; but without her hus- band's written consent she cannot by such will deprive him of ten- ancy by the courtesy in her real estate ; or of the right to the use of one-half of such real estate for bis right and use during his nat- WILLS. 2ni ural life, if they have had no issue born alive ; or of her roul eHtute in fee not exceeding five thonsniid dollars in value where no issue was born to them alive, besides his eaid life estate In- courtesy in her other real estate, or in one-half thereof in case no issue sur- vives her, or more than one half of her personal estate. A inurried woman deserted by or living apart from her husband for jiistifiabln cause, may after a decree of the proper court establishing,' such fact, dispose of h(Pr real estate and personal property by will without his written consent, as if she were sole. 2, 3. The will of a fenune sole is revoked by her subsequent marriage alone. The will of an unmarried man is revoked by mar- riage and the birth of a child. 4, 5. If her husband dies intestate a widow is entitled to her dower at common law in his real estate. If he leaves no issue living, she takes his real estate in fee not exceeding ,f 5000 in value, and a life estate in one-half the other real estate of which he died seized, or, if she files her election therefor in the probate office within six months after the date of letters of administration on his estate, she may have, instead of such life estate, her dower in his real estate other than that taken by her fee. If he dies intestate and leaves no kindred she takes the whole of his real estate in fee. A widow is further entitled to one-third of her husband's per- sonal estate if he dies intestate and leaves issue, but if he dies intes tate and leaves no issue, she is entitled to the whole of his personal estate to the amount of $5,000, and to one-half the excess above .^10,000 ; if he leaves no kindred, his widow is entitled to the whole of his personal estate. Under any circumstance a widow is entitled to her articles of apparel and ornament, and to remain in the house of her husband for forty days after his death, rent free. A further allowance of personal property may be allowed by the Probate Court to the widow for herself and his family under her care. She is also entitled (ii right of interment for her body in any lot or tomb of which her husband was seized at any time during coverature. 6, 7. ^Yhether a woman dies testate or intestate her husband is entitled to courtesy at common law in his wife's real estate, if they have had issue born alive which might have inherited such estate. If they have had no such issue, he is entitled to an estate 202 READY IIRFERENOE MANUAL. in one-half nnch lands fluriiig his life. If she dies and leaves no issue living he takes real estate in fee to an amount not exceeding $5,000 in value, and also has an estate by the courtesy or other life interest as aforesaid in her other real estate. If she dies intestate and leaves no kindred, ho takes the whole of her real estate in fee. If a married woman dies intestate her husband takes one half her personal estate, if she leaves issue ; but if she leaves no issue he takes the whole. 8. A beneficial devise or legacy in a will to a person who is a subscribing witness thereto, or to the husband or wife of such person, is void, unless thei-e are three other competent subscribing witnesses to such will. 9. Every Will most have Three Competknt Witnesses, who must bo present and at the testator's request, and see him sign his name at the bottom and declare it to be his will and testament, and the witnesses to subscribe their names in the presence of the t(^sta- tor and of each other. 10. A will speaks from the death of the testator, wherever such is his obvious intention. 11. A soldier in actual service, or a mariner at sea, may dispose of his personal estate by a nuncupative will. 12. A Testator Can Disinherit All or anj' one of his chil- dren, but such must clearly appear to have been his intention and not the result of accident or mistake. Otherwise any child, or issue of any deceased child, not provided for by the will, takes the share of the testator's estate to which they would have boon entitled if he had died intestate, unless they have been already provided for by him in his lifeti; c A posthumoua child, having no provision made for him by his father by will or otlierwise, takes the same share of his father's estate to which he would have been entitled if his father had died intestate. 8o, too, a married woman can disin- herit her children, but the above provisions apply to her as well as to her husband. 13. 14. A testator cannot deprive his wife of her legal rights in his estate. He may by his will provide for her in lieu of dower ; and if she accepts such provision, she will not be entitled to her dower in addition thereto, unless such plainly ajipears by the will to have been the testator's intention. A widow may however, at any time "\vTi,i,s. 2fi3 within six months from the jirobato of her huHhancVH will, file ii waiver of any i>rovi8i()nH mailo for lier in his will, or claiming the same portion of liis estate as she would l)o entitled to if he had died intestate, and nhe will thereupon be entitled to the same portion of liiH estate, real and personal, to wliieh hIic would have been entitled if lie had died intestate, except that if h*! had died intestate, and she would thus beeome entitled to i>ersonal estate in value more than S10,000, she will further receive in addition to said sum only the income of the excess of her share above said .*1'),()0() for her natural HTe. Maryland. — Every sane person ean make a will. Males can devise personal property when fourteen years of age and lands when twenty-one; females ean devise jtersonal property when twelve years of age and lands when eighteen. An alien can make wills in a like manner. Married women can will her independent jirop- erty, and without her husband's interest. A husband cannot de prive his wife of one-third interest in persoiuil ]>roperty and a dower in real estate, but he can cut off his children if he wishes. Two or more witnesses arc required to every will wlio are not legatees. Tlie marriage of an unmarried womnn having a will made prior to her becoming a mother, voids her will. Wills must be tiled for probate within thirty tlays after the death of testator. Michigan — The requirements of a legal will are that the per- son making it shall be above the age of twenty-one years, of Bound mind and under no undue restraint; it must be executed in writing, and subscribed by the testator. It must have two attesting wit- nesses, who subscribe their names in the presence of the testator, and who are not legatees under tlie will. To probate a will a duly verified petition, alleging the death of the testator, and that he died testate ; and that his will was executed by him when of sound mind, and under no undue restraint : was duly witnessed ; and the will should accompany the petition and be filed in the Probate Court. The petition should contain a prayer for the allowance of the will. Notice is th(!n given to the parties interested, either by personal service or by publication, as the court directs, and the execution of the will must be proven at the time and place set forth for the hear ing by one of the subscribing witnesses, if he can be obtained ; and 261: READY REFKRENCE MANUAL. in casG of contost of tlio will both of the Bubscribing witnoHHes Hhoultl bo calU.d. If Iho will is fouiul by tho court iii)oii heariiif^ to have been properly executed, aud the ioHtator conipetont to make r, will, tho court innkcH a dccroe to that eftect, aud it in then recorded. Tho will lued not mention every heir. Tho court ondeavorH to give exact « fVect to the terms of the will and the in- tention of tlu» testator in all things, as expressed in the will, unlesB hin intention violates soinu rule of tho law. A married woman muut have husband's consent. PuocEEDiNos IN (!ases OF ADMINISTRATION afo as followB : Upon petition to the Probate Court, made by some heir or other inter- ested person, tho court must give notice to all parties interested by publication. On the day ai)i)ointed for the hearing, if suitable and i^roper, the court appoints some eligible administrator ; a pref- erence, by statute, in favor of the widow or the person selected by her, if suitable aud willing to act. The administrator must, as must also an executor, give a bond, when letters of administration issue to him of the estate. On granting of letters of administration the court either appoints a time and place for hearing all claims against de- ceased, or the administrator himself with two other commissioners are appointed to settle and adjust the claims. This commission is limited in the time for hearing claims to not less than six months or more than eighteen. The decisions of the commissioners are sub- ject to appeal to the Chancery Courts. Maine. — The testator must be of sound disposing mind, aud a resident of the county. It nmst be in writing and have three dis- interested witnesses, whether made in this State or elsewhere (if atrecting property within this State,) who nuist sign in the presence of the testator, who nuist atlirm tiiat the instrument is his last will and testament, and that he revokes all prior wills or testaments hitherto made by him. AVills must be presented for probate within thirty days. Court must give public notice of the same for three weeks. One witness will be sufficient to verify unless a contest. Married women and aliens can make wills. Minors of either sex cannot. The will aflfects all the property of the testator and speaks from death, unless otherwise stipulated. Every heir must be men- tioned (that is next of kin) but he is not obliged to give them any- WILLS. 205 thing. His wife is entitled to oiu^-tbird in nil comiminity property and tho testator cannot deprive her of it. Adininistration. — See Micliigiin. Missouri. — MuUm ovoreightoon yeftrs ran will pcrHonnl i>rop - erty ; over twmity-ono, real oHlut<'. ^^an•i»'d or immiirricd wonicii can dispoHe of ivny property in their own rij,'hl iit ci^lilecn yc ms of iige; niiUTied women are Hubjoctto the rights of her huslmnd'H cour- tesy. Aliens can dispose of property of all kinds in a like manner as citizens. Every will must be in writing, signed by the testator, or by sonio one by his request and at his direction, and in his pres- ence. The will must be attested by two or more witnesses, who are not interested directly or indirectly in the estates and in the presence of each other and the presence of the testator. All the children of the testator must be mentioned, or those living, and if dead the oft'springs of the dead if any, or testator will be held to have died intestate. The term of "all property'' used in a will is held to moan at time of death, unless otherwise rpialitied. After death, upon satisfactory proof by witnesses to will who will separately make oath to the ex(!Cution of the will, as shown and ac- knowledged by the witness to bo the identical one, the court if not contested issues the order of probate in the ordinary way and it is recorded wherever any lands of the testator are within the same, mentioned. Tho executors generally named in tho will if com- petent are commissioned by court to settle and adjust the estate. The will can bo contested within five years after. Adt/ihiistration. — See Michigan. Mississippi. — Wills may be written l)y any person of sound mind and 21 years of age ; they must be subscribed by the testator, or by some other person in his presence, and by his express direc- tion, and attested by two or more credible witnesses, in his presence. A Devise to a Witness is void, but the will is not voided thereby. HoLonRAPn Wir.LS wholly in the handwriting of the testator and signed by him some in place upon the instrument, upon affidavit of two or more credible persons who know his or her handwriting, n 200 READY REFERENCE MANUAL, proof cau to that effect au J to bis signature establish the same as his or her will. No NcNcrPATivK Will can be established unless made in the last sickness of the deceased, at his or her habitation, or where he or her hath resided for ten days previous to their demise, and where the value does not exceed $100. It must be shown by two witnesses tliat (ho testator or testatrix called on some person present to take notice, or bear witness that snc^i was his will (or ' ;r will,) or words to that effect. Aftek six Months op Speaking of the words in a nuncupative will, no testimony shall be received to prove it, unless such- words shall have been reduced to writing within six days after their speak- ing. These r 'es does not apply to bequests of goods and chattels by soldiers in actual service or mariners at sea. Authenticated Copies of wills proved according to the laws of any State or Territory, or any foreign country, and touching or dis- posing of estate within this State, may be probated here, subject to be contested as the original would have been, if it had been executed within this State ; or the original instrument may be probated here, if executed under the forms of such foreign state or country. Aliens may acquire, and hold lands, dispose of them, and trans- mit them by descent, in the same manner as citizens do. The Validity of a will may be contested, by petition or bill, at any time within two years, saving infants or concealed fraud — when an issue may be made up at any time thereafter within two years of the knowledge of such fraud. Marriagk will void a will when a child is born, either before or after the testator's death. Married Women can dispose of their separate property by will, in all respects as if unmarried. Minnesota. — Every Perron of full Age and sound mind, seized in his own right of any lands, or entitled to any interest de- scendible to his heirs, may devise and dispense w ith the fianie by will in writ'ig, and also bc(]ueath all personal estate or property in a like ma..nor. Married Woman may dispose of any real or personal property WILLS. 267 held by her, or to which she is entitled, in her own right, by will in writing ; she can alter or revoke the same as if she was unmarried. No Will (except nuncupative wills as bai'einafter provided) shall be eft'ective to pass any estate, real or personal, so as to change, or in any way affect the same, unless it is in writing, signed at the end in writing by the testator, or by some one person in his presence, by his ('xpress direction, and attested and subscribed in his presence by two or more witnesses. NrNCDPATiVE Wills are not valid unless made by a soldier while in actual service, or by a mariner at sea. All Beneficial Devises, legacies and gifts made or given in any will to a subscribing witness, are wholly void, unless there are two other subscribing witnesses. Every Person having the custody of a will shall, within thirty days after he has had knowledge of the death of the testator, deliver the same to the Probate Coui't, or to the executors named in the will. When the will is delivered, the Probate Court shall appoint a time and place for proving it ; if no person appears to contest it, the Court, in its discretion may grant probate, on the testimony of one witness, if such witness testifies that the will was executed according to law. FoREioN Wills. — A.11 wills proved and allowed in any outside state or country, according ' ^ law, maybe allowed, tiled and recorded in the Probate Court of any county, in which testator has personal or real estate; wherever the word executor, in laws construed to in- clude administration with the will annexed. i\[ARRiAGE OR THE BiRTH OF A PosTHDMOus Child Only revokes the will insonmch as its intestate right would enforce by statute. Nebraska. — Any person of full age and sound memory, hav- ing an interest in real or personal property, may give and devise the same by will, lawfully executed. Must bo in writing, signed at the end by the testator, or by some other person in his presence and by his express direction ; must be attested and subscribed in his presence by two or more competent witnesses who saw him sign it or acknowledge the same. May be deposited in Probate Court at any time, and can only be withdrawn by the testator while living, or some authorized person. 208 READY REFERENCE MANUAL. No Leoatek or Devisee can witness a will. FouEiriN Wills. — Wills executed and proved according to the laws of some other State, may be probatejd in this State, and have the same validity as wills executed in this State. Nuncupativp: Wills to be good must be witnessed by three wit- nesses, made at the last sickness, and the words taken down within six mcuths after their utterance. This does not apply to soldiers and sailors, or where the property willed does not exceed $150 in value. HoLoauApnio Wills can not be established under the laws of Nebraska. New Hampshire. — Every person of the full age of twenty- one years can dispose of his or her property both real and per- sonal, by last will or testament. Minors of either sex cannot make last wills and testaments of personal property, unless wife is under age and owning separate estate, she can dispose of the same by will subject to her husband's right of courtesy. IMarriaoe revokes any will. Birth of a child will void a will if no provision is made for the same occurring. Testators cannot ignore or abridge the rights of their widows by their last will and testament. He can disinherit every child. Witnesses. — Every will executed must have thi'ee competent disinterested witnesses, if signed by the testator; if by some other person at the direction and express request of the maker, then <^hree witnesses and the person so signing for the maker. NuNcnPATivE or Holograph wills are not admitted under any circumstances. All Wills speak from death of the testator, if the words "The residue of my estate I give, and" etc., are in the will. ' AViLLS MUST be Filed for probate within thirty days after the death of the maker. Probate and Administration. — See sections 134.3, 1344, 1355, and 135(5, of Washington Territory. Establishing a will for adminis- tration, where witnesses are either incapacitated by being insane, WILLS. 209 idiotic, incredible or dead, in this Corauioiiweiiltb has seldom ever been accepted. The Probate Courts have invariably disallowed such ovideuce wheu any coutest has boeu made aud the estates have been usually divided as intestate. New Jersey. — Sec. Ill, of the statutes of wills, provides as follows : — "That wills or testaments, made or to be made, of any lands, tenements, or hereditaments, or of any estate, by any woman covert or person within the age of twenty-one years, or any idiot, lunatic or j^ersons of non-sane mind and memory, shall not be held or taken to be good or sufficient in law." Under a subsequent section it provides: Any woman covert above the age of twenty-one years, may dispose of by will her real or personal estate ; but cannot dispose of by will any interest or estate in real property to which her husband would at her death be entitled by law under the descent of right by courtesy. The Act of 1851 provides that all wills and testaments must be in writing, and shall ba signed by the testator or testatrix (as the ease may be), which signature must be made by the testator, or the making there- of acknowledged by him and such writing declared to be his last will and testament, in presence of two disinterested and competent witnesses, present at the same time, who shall subscribe their names thereto, as witnesses in the presence of each other and in the pres- ence of the testator. Every child need not be mentioned. Mar- riage of an unmaried woman, does not void a will previously njade by her, but the birth of a child would void it, so far as her husband's estate iu courtesy goes. A seal is not necessary to a ^vill. No will can be made of personalty by any one under twenty one years of age. Wills nuist be tiled for probate within forty days after death of testator; ten days after the demise of the maker it cannot be tiled for probate. Prohat'mg Wills and Adtninistration o/ A'states. — See Alichigan. New York. — All males eighteen years and over of sound mind can dispose of personal proj^erty by will. Females sixteen years and over can dispose of personal proi)erty in like manner. Aliens and citizens of both sexes, of the full age of twenty one years,and of sound disposing minds can make wills of all their property, real and personal. The person making a will must attest it 270 READY REFERENCE MANUAL. at the end thereof in the presence of two competent witnesses ; each witness must sign his name and write in his own handwriting, opposite his or (her) name his place of residence. If the maker of the will cannot write liis (or her) name, three wituc'ises should be present, the name of the testator written by some one and his (or her) mark made and declared so to be in the presence of the three witnesses. Wills speak from death unless otherwise provided in the instrument. A testator can disinherit every child if 1 •> thinks lit. Wife's part in community property cannot be exectetl by her husband's will. Witnesses cannot be le;;;itees. I'robate and Ad- ■)ni)iistratioii. — See Michigan. North Carolina. — No last will or testament shall be good or sufficient in law, to convey or give any estate real or personal, unless such last will shall have been written in the testator's life- time, and signed by him or by some other person in his presence and by his direction, and subscribed in his presence by two witnesses at least, no one of whom shall bo interested in his devise or betpiest of the said estate, except as hereinafter provided ; or unless such last will and testament be found among the valuable papers and effects of any deceased person, or shall have been lodged in the hands of any person for safe keeping, and that the same shall be in the handwriting of such deceased person with his name subscribed thereto, or inserted in some part of such will ; and if such hand- writing shall be proved by three credible witnesses, who verily be- lieve such will and every part thereof is in the haudwritiug of the person whose will it appears to be, then such will shall be sufficient to give and convey real and personal property. No person on ac count of being an executor of a will shall be incompetent to be ad- mitted a witness to prove the execution of such will, or to prove the validity or invalidity thereof. If any person shall attest the ex- ecution of any will, to whom or to whose wife or husband any ben- eficial devise, estate, interest, legacy or appointment of or affecting any real or personal estate shall be given thereby or made, such devise, estate, etc, shall, so far only as concerns such person attest- ing the execution of such will, or the wife or husband of such person, or any person claiming under such person or wife or husband, be void, and such person so attesting, shall be admitted as a witness etc. Every person male or female must be of the full age of 21 WILLS, 271 years before tbey can make a valid will of any property real or per- sonal. Aliens have tlio same rights as citizens, only that an alien cannot act ia the capacity of an administrator if he is a non-resident of the State. Married women owning real or personal property may dispose of the same by will subject to the husband's courtesy. Tes- tator can disinherit all or any oneormore of his children, but cannot deprive his widow of her rights of dowerage. "Wills speak from death. Nuncupative wills can be made. The husband takes one- third of wife's property if she dies without issue and intestate. The widow takes one half of husband's estate if he dies intestate and without issue, and one-third if she has issue. Pkohating a Will. — In case oi a written will with witnesses, on the oath of at least two of the subscribing witnesses, if living, but when any one or more of the subscribing witnesses to such will are dead, or reside out of the State, or are insane or otherwise in- competent to testify, then such proof may be taken if the hand- writing, both of testator and of the witnesses, so dead, absent, in- sane or incompetent, and also of such other circumstances as will satisfy the clerk of the superior Court of the genuineness and the due execution of such will. In case of a holograph will, on the oath of at least three credible witnesses, who state that they verily believe such will and every part thereof as in the handwriting of the person whose will it pur- ports to be, and whose name must be subscribed tliereto or inserted in some part thereof ; it must further appear on the oath of some one of said witnesses, or some credible person, that such will was found among the valuable papers and effects of the deceased or was lodged in the hands of some person for safe-keeping. In case of a nuncupative will, on the oath of at least two credible witnesses present at the making thereof, who state that they were specially required to bear witness thereto by the testator himself ; it must be proved also that such nuncupative will was made in the testator's last sickness in his own habitation, or where he had been previously resident for at least ten days, unless he died on a journey or from home. No nuncupative will shall be proved by the witnesses after six months from the making thereof, unless it was put in writing within ten days from such making, nor shall it be proved until a citation has been opened or published, made, etc. 272 HEADY IIEFEIIENCE MANUAL. Lkttkuh 01' Admimstkation. — Letters of admiiiiHtratiou iu case of iutostacy shall be granted to tlio persons entitled thereto and ajjplying for the same in the following order: 1st, — To the husbiiud or widow, except as hereinafter provided. 2nd, — To the next of kin in the order of the degree, and if of equal degree, to one or more of thein at the discretion of the court. 3rd, — To the niost competent creditor (if any) who resides within the State and proves his debt on oath before clerk of Probate Court. 4th, — To any other legally competent person. ' Persons Disqualified to Act as ADMimsTUATons : minors, alien, non-resident, convict, or such as from intemperate or other habits adjudged by the court as incompetent. The application for letters of administration must show the value and nature of the intestate's estate, the names and residences of all parties as heirs or distri- butees of the estate, if known, or if the same cannot on diligent in- quiry be procured, which of said parties are minors, and whether with or without guardians, and the names and residences of sucli guardians, if known. Bonds in double the value of estate must bo furnished. The administrators must make oath or affirm- ation for faithful discharge of office. Ohio. — The testator or testatrix must be of full age, of sound mind and memory, under no undue restraint, and must own the property he intends to bequeath and devise. The will must be signed by him (or her as the case may be) in the presence of two competent and disinterested witnesses, who shall sign it at the maker's request and in each other's presence and the presence of the maker. An Alikn or Marrikd Woman has all rights hereinbefore pro- vided, only that the latter must obtain the courtesy of her husband in writing to perform the same, or in the presence of the witnesses to her will admits that he is agreed to her will to dispose of her separate estate as she thinks lit, regardless of any right, title or in- terest he may now or in the future have in her estate, either per- sonal or real. Minors of either Sicx can Make a Will of their personalty, which if not contested within one year after their death will suffice to hold good in e(]uity, otherwise males must be twenty-one and females (except married) eighteen. WILLS. 273 A ^Ian can Disinherit all his Childuen, except tboHe imder tbo full ago of tweuty-one years, if males, auil eighteen if females. He cannot exect Lis widow from dower. Marncuje does not revoke a will of a male, but does of a female. The birth of a child^ in the case of a married woman or man, revokes the will unless a provision is stipulated in the will fur the unborn. For I'robate and Adniinhtratioii,, see Michigan. Pennsylvania. — (Act of April 8, 1883.) Every I'erson of sound mind (married women excepted) may dispose by will of his or her real estate whether such estate be held in fee simple, or for the life or lives of any other person or persons, and whether in severalty, joiut-teuaucy or common, and also of his or her personal estate. (Act of April 8, 1883.) Provided the testator at the time of making the same was of age, tweuty-one years or upwards, every will shall be in writing, and unless the person making the same shall be pre- vented by the extremity of his last sickness, shall be signed by him at the end thereof, or by some one in his presence, and by his ex- press directions ; and in all cases shall be proved by the oaths or affirmations of two or more competent witnesses, otherwise such will shall be of no eflect. If the subscribing witness be dead, or out of reach of process, proof of their handwriting is sufficient ; they need not be subscribing witnesses. A Makiued Woman may dispose of her property, real and per- sonal, by last will and testament in writing, signed by her or mani- fested by her mark or cross, made by her at the end thereof, in same manner as if she were unmarried. Neither of the witnesses to a married woman's will shall be her husband. The will of a single woman is revoked by her subsequent marriage and is not revived by the death of her husband. If a man make a will and afterwards marry, and die leaving a widow, so far as regards the widow, he dies intestate ; that is, his will is revoked jyro tanfo. If a man make his will, and have an after-born child or children, not provided for in such will, and die leaving such after-born child or children, so far as regards such child or children, he dies intestate, and his wHl is revoked ^>;*o tanto. If a man make his will and marry, and die leaving a widow and child, not provided for in such 271 HEADY REFKltENCE MANUAL. will, liis will iH not revoked absolutely, as at common law, but only j>ro tuiito. If a man niake his will, marry and die leaving,' a widow, but no known heirs or kindred, it is clearly revoked, so far as to give his widow both the real and personal estate absolutely. Nuncupative Wills. — Personal estate may be bequeathed by a nuncupative will made under the following restrictions: (I) Such will shall in all cases be made during the last sickness (when such extremity of last sickness precludes a written one) of the testator, and in th(3 house of his habitation or dwelling or where he has resided for the space of ten days or more, next before the making of such will ; except where such person shall be surprised by sick- ness, being from his own house, and shall die before returning thereto. (II.) Where the sum or value beipieathed shall exceed $100, it shall be proved that the testator, at the time- of pronounc- ing the bequest, did bid the persons present, or some of them, to bear witness that such was his will or to that tfiect; and in all cases, the foregoing reijuisites shall be proved at the making of such will, (it is necessary to the validity of a nuncupative will that each of its reijuisites be clearly proved by two witnesses), l^rovided, that notwithstanding this act any mariner being at sea, or any soldier being in actual service, may dis2)oso of his movables, wages and personal estate, as ho might have done before the making of this Act (not valid by a soldier at home on a furlough.) Tenancy by Courtesy. — An estate by the courtesy is the estate to which a man is by law entitled upon the death of his wife, in the lands or tenements of which she was seized during the marriage in fee simple, or in fee tail, provided he had issue by her born alive during the marriage, and capable of inheriting her estate, in this case he shall, on the death of his wife, hold the lauds for his life, as tenant by the courtesy of England, but in Pennsylvania, by statute, birth of issue is not necessary to the husband's right as tenant by the courtesy, in all cases where the issue, if any, would have inherited. (Husbands lOG.) (H. p., 131).) — Wife dijlng intestate, without chilJren, or the descendants of such living, husband is entitU d to the personal estate absolutely; if she leaves a child or children living her per- sonal estate shall be divided among her husband and such child or children share and share alike. The descendants of a dead child WILLS. 275 shall be ciititlocl to their pnreuts' shiiio, ami if real estate the luisbaud ib entitled to the whole of it for life as tcuant by the cour- tesy. If husbaud elects not to take uuder her will, he has oue- tliird of the personalty absolutely and one-third of the realty for life, where there is issue, and to one-half the personalty absolutely and one half the realty for life, where there is no issue, or in eitlnsr case, instead of these, to the whole of the real oBtato for life, as tcuant by the courtesy. Illegitimate ('hild oit Children. — In any and every case where the father and mother of an illegitimate child ur children shall enter into bonds of lawful wedlock and cohabit, such child or children shall thereby become legitimated, and enjoy all the rights and privi- leges as if they had been boru during the wedlock of their parents. (Act of May 1857.) Widow Entitled to one thiiu) Part of real estate for life and one-lhird part of personal estate absolutely, where there is issue, otherwise to one-half jjart of real estate for the term of her life, and to oue-holf part of the personal estate absolutely. '"Where the husband dies testate the wife can elect to take under the intestate laws as above and not take under the will, if it has not made as ample provision for her, in lieu of what the intestate law provides. Rhode Island. — Every person of saue miuJ, of the full age II, 21 years, may make a will to pass real property; which shall be in writing and signed by the maker or by some jjcrsou in his presence and by his express direction, and shall be attested and subscribed in the presence of the maker by two or more wit- nesses, or else shall be utterly void and of no effect. All persons of the age of eighteen years of sound mind can in a like manner make will of all his or her goods, chattels and other personal estate of every kind in the same manner as required to pass real estate. A Testator oa Testatrix is not compelled by law to devise or bequeath to all or to anyone of his or her children, only as they vol- untarily see lit, any part of their estate. A AViDuw Cannot however be deprived of her dower, only by substitution, otherwise by devise or bequest, and then only at her privity. All Estate real and personal not devised or bequeathed in the 270 llEAUY KEl'EUENCE MANUAL. lust will iind tostament of any ^JeiHOu, hIuUI be iliHtributetl iu t\w Hiiiue maiiiior us if Huch persou died iutestute. MAitHiAdK rovokoH a will. 7'Ae birth of a poHthumoiiH child voids a will Hi) fur aa tho proportion of its part can bo in equal shares sub- tracted from the devises of and becpiests to other legatees. PuoiiATE PuocEEDiNGS. — See Sec3. 134:2, 1343, 1354, 1355 and 135(i of Washington Territory. Adinhiislration. — See Michigan, only that adiuiuisti'ators must bo of the full age of 21 years. Tennessee. — Wii.i.s oi- Land must be Skined jsy Testatou, or by his direction, and attested by at least two witneasey, at his re- quest, and who are not interested under the will. HoLoGiJAi'ii Wills. — If found among t'^stator's valuable papers, after his death, all in his handwriting, and by him signed or his name or signature appearing thereon, or in possession of some one for safe keeping ; if shown by throe disinterested witneasea that it is in the handwriting of testator, and that the name and all parts of it ia in testator's handwriting, it is suUicient to pass lands as wellas personalty. To PASS Personal Proi'ehtv, it need n(jt bo attested, the signa tare of the testator being sufficient. Nuncupative Wills may, as to personalty, under the circum slancoa of a sailor or soldier in actual service, (n- a person in his last sickness, where it is not pra(!ticable to make a wiitten one, be established. MAiuiiED Women may dispose of their lands by will, but, not so far as to defeat their husbimd's tenancy by courtesy. Aliens. — As regards capacity of aliens to take, hold and dispose of lands or personalty by purchase, conveyance, will or descent, they stand the same as citizens. Escheats of aliens' property abolished by Act of February 11, 1875. M. and V. Code, Sec. 2804. Descent ano Distuibution. — A testator dying intestate, his children take share and share alike (providing any child is dead and was married and had issue, his children then takes his portion) with the mother's dower or life interest, or the father's courte.sy. A CuiLi) OF CoLou cannot inherit the estate of its mother's hus- band uulesa the mother or husband was a person of color. WILLS. 277 A PoSTiiUMors Child of a testator born within ton caloiular months after his death, not provided for in will, takes by descent Huch shai'e of his estate as woahlhavo fallen to it in case of intestacy. If the Intestate died without issue or heirs by kin, it shall bo iiiheritfidin fee by the husband or the widow surviving. (Sec. 3272, Ten. Code.) Wken a Woman Dies Intestate, having a natuial born child or children, whether she also leave legitimate child or childn'ii, all of such natural born children or child by the rules of descent, inherit her estate or an equal distribution of the same. (Code, M273.) A Widow takes one-half of heb Huhbani/s estate if he dies in- testate in fee, if they had no living issue, one-third in tenancy com- mon for life of real, and one-half fee of personalty if issue. South Carolina. — Any person having riglit or title to any liuids, tciicnicnts or hi'rcditanii'nts (persons of unsouiul mind and minors excepted) may dispose thereof by will, in writing at pleas- ure. Aces of Ma.iouitv. — Males and females twenty-one years. All Wills must be in Writing, signed by the testator or tes- tatrix (as the case may be) or by some one in the presence of the maker and by his or her express request, and shall be witnessed by three or more credible witnesses in the presence of eacli other and by the request of the maker, otherwise tlie will shall be mill and void and of no effect. Nuncupative Wills arc good, that are proved by oath of three witnesses, who were present when made — must be made in last sickness — no testamentary eviileiice can be admitted to jirove such a will if six months shall have elapsed after sjjeakiiig the testament- ary words, except such testimony was reduced to writing six days after the making of the will, then twelve months is allowed by the Act. A Testator Can Disiniiekit every one of his children or any one of tliem if he elects to do so ; they need not be mentioned in the will either. He Cannot Deprive his Widow from Dower, unless the widow, or if before his decease, his wife, renounces her claim to 278 READY REFERENCE MANUAL. (lower ill his estate before an official notary, and a certificate given by the notary with her renunciation and embodying the stipulation tliat it was voluntary and of her own free will. Widow Takes one-half if testator dies intestate and having no issue; if intestate and having issue one-third. A WiTNKss CAN be a legatee under the statute, without voiding ii will. Marriage and the birth of a child revokes a will; marriage without issue, will only revoke it so far as the wife's part affects it. Children Boun Outside ov Wedlock have no legal status as heirs against or jointly with legitimate born heirs. Texas. — The Right to Dispose of Property, Real or Per- sonal of every kind, by will, prevails. The testator must b .• twenty- one years of age or upwards, and of sound mind; must be signed by the testator, or by some other person in his or her presence, and by such maker's direction. If not wholly written by the testator, as hereinafter stipulated, by holographic privity. Every will must be witnessed by two or more credible witnesses, above the age of fourteen years, and having no interest in the estate, subscribing their names in his presence and the presence of each other. Holograph Wills are admissible and good if wholly written in the handwriting of the testator or testatrix, all that is re- quired is that the signature of the maker must be uj)on the instru- ment, and that the same can be established by at least two witnesses that will verify under oath or affirmation that the same is wholly in the handwriting of the testator and that his signature is well-known to them, which is upon some part thereon. NuxVcuPATivE Wills are recognized in this State, to be proven by three witnesses, that the testator called on some person to take notice of the same; not proven after six months unless the testimony, or the substance thereof, shall have been committed to writing within six days after the speaking of such by the deceased. Aliens can make wills in like manner as citizens. Married Women can dispose of their separate property by will independent of their husband. WILLS. 279 FoRKiGx Wills probated inanothor State or country, are privi- leged to he admitted by properly authenticated transcripts from such foreign oflice, and filed in the county within the State where the property lies. A TESTATon Cannot deprive liis widow of her interest provided by statute, but ho may ignore every child or other heir. Wills Si-eak from the death of the maker uidess comprehen- sive of other meanii\g set out in the instrument. MAnniACE or the birth of a posthumous chihl revokes a will insomuch as the portion by share at law of all personal or real property is concerned, tliat intestacy would bestow ni)on such widow or child. An Illegitimate child claims co-jointly with other heirs of his mother's separate property, in cases of intestacy, but has no claim of the father, if born of another mother besides his lawful wife. Community property if in real estate can be by joint will of both disposed of. 'J'he survivor oidy being a teiuant at will during their natural life. Vermont. — Evkrv Person of Sound Mind can Dispose of their property,reaI or personal, by a will in writing, and executed in the jiresence of three witnesses, who subscribe the same in testator's presence, and in the presence of cacli other. Nuncupative Wili-s can be made to i)ass i)ersonalty not exceeding i!?200 in value. The befpiost must be made in the i)res- ence of three witnesses, and in the last sickness of the testator (or in cases of a soldier in actual service nv a sailor at sea,) and in his own habitation or under otiu^r snrprisnig circumstances; it must be reduced to writing within siv da\'s after being e.vjjressed and witnessed by at least one of the three presei\t, and tiled for probate within six months. IIoLouRAPUic Wills are not admissible. Witnesses Cannot he Legateks unless there are three inde- l>endent of the one or more being legatees; if however the wit- nesses are legatees, such bequest or devise is void as to the witness, but does not void the rest of the instrument. 280 BEADY REFERENCE MANUAL. A Widow Cannot be cut out of her Doweu; slie can waive her claim to a devise in her husband's will, and elect to .accept what the statute provides instead. The liiurn of a Posthumous Chii,I) will revoke a testament unless the contini^'cncy is provided for in the will, so far rts sueh child's i)()rti()n of the estate is concerned, but the will otherwise will be valid. A Widow 'J'akes of IIer Husband's intestate estate property to the value of $2000 in fee; one-half of the residue during her life, if he had no living issue born of her; or in case he has no heirs or next of kin, she takes the whole in fee. If he dies intes- tate with issue, his estate would be divided share and share alike between his children, less the homestead to the value of $500 and the dower interest of his widow and one-third of the personal property; these exceptions the widow holds by law. Mahuied Women can make disposition of thoir separate estate by will without their husband's consent. Aliens possess all the privileges of citizen.?. Foueign Wills can pass property within the State by a duly authenticated copy being filed in the county wlierein the property is situate. Minors (males under twenty-one and females eighteen) cannot pass any jtropcrty real or personal by will. Will Must be Filed for Probate within thirty days after the testator's demise. Virginia. — Wills must be in writing and signed by testator, or by some other person in his presence, and by liis direction, in such manner as to make it manifest that the name is intended as a signature; and, moreover, uidess the will be wholly written by the testator, the signature must be made or the will acknowledged by him, in the presence of at least two competent witnesses, present at the same time, and such witnesses must subscribe the will in the presence of the testator, but no form of attestation shall be neces- sary. A Codicil must be made in the same manner. Will must be proved ijnd admitted to record in the circuit county, or Corporation WILLS. '281 Court of the county or corporation where the testator resides, or if he had no ))hice of residence, tlien in the county or corporation wherein he had any real estate, or if no real estate, tlicn tlie county or corporation wherein he died or liad any personal estate. A WllJ, SlIALI, HE CONSTIU'EO WITH ReI'EKENCE TO TIIrUkAI, AND personal estate comprised in it, to speak and take effvct as if it had been executed immediately before the death of testator. Foreign Wiij,s. — Where a will relative to estate within this State has been proved without the same, an authenticated copy thereof and the certificate of probate thereof, may be offered for probate in this State. The court to which it is offered shall presume, in the absence of evidence to the contrary, that the will was duly executed and adn\itted to probate as a will of personalty in the State or country of the testator's domicile, and shall admit such copy to probate as a will of personalty in this State; and if it a[)pear8, from such a coj)y that the will was jiroved in the forcii^n court of probate to have been so executed as to be a valid will of lands in this State, by the law thereof, such copy may be admitted to probate as a will of real estate. West Virginia. — Uni.kss a lIoi.ocnApn Wiu,, it must be acknowledged by the maker in the presence of at least two competent witnesses, present at the same time, who must subscribe the will in the presence of the testator or testatrix, and of each other. No form of attestation is necessary. Any interest in real estate to which a testator or testatrix over age, and of sound miiul, ma}' be entitled at death (even though not in possession or entitled to it at time of making the will) may be disposed of by will. A MixoR oi' THK Firr.r, Aok ok EKwrrKEN years, n»ay dis)»ose of personal i)roperty by will. NoN-KKSiKENTs' Wir.t.s. — A wiU of a person domiciled out of this State, executed according to the laws of the State of his domicile, will be valid as to personal property in this State, but not as to realty in this State, unless it complies with the laws of this State. A will admitted to probate in another State, may be .ad- mitted here by a duly authenticated copy and certificate of probate. If a Man or Woman RIarriep die ijitestate, the surviving one, 18 282 READY REFERENCE MANUAL. if they liave living issiu', takes one-third of all personal property and the residue goes to the issue share and share alike. If the Intestate Leave a Husband or Wife and no issue, such husband or wife takes the whole of such personal property. Bastards Inuerit and Transmit inheritance on the part of the mother as if lawfully begotten. Wyoming Territory. Any Person of Full Age and of Sound Mind ni.ay dispose of their property real or personal by last will and testament. All wills must be in writing, and witnessed by two competent witnesses, and signed by the testator or testatrix, or caused to be signed by the maker and in his or her presence. 'J'he testator or testatrix may name in his will an executor or executors, provided that such shall be residents and citizens of the United States. But whenever .an executor thus n.amed is not a resident of the Territory, the Probate Judge shall require such executor to designaU' some res- ident of the Territory as agent or attorney upon whom any such re- quired notice of Probate Court may be served. If no executor is named in a will, or if the executor fail to act, the Probate Judge shall appoint an executdr to carry the will into effect; if .any person ap- pointed is disqualified from acting, the I'robate Judge shall appoint an executor until such disqualification is removed. Any Person Having Custody of a Will shall, on informa- tion of the death of the testator, immediately file the same with the Prol»ate Judge, who shall open and read the same. The Prohate Judge shall Give Notice of the time and place fixed for the proving of the same, by publishuig a notice in a djiily or Aveekly paper published within the county where the will is filed, and the last ])ublication must be at least ten days before the time fixed for the proving of said will. Wills when proved .and allowed shall have the certificate of the Probate Judge and seal of the Pro- b.ate oflice annexed thereto, and every will so certified, its record or transcript, may be read in evidence in all Courts, By law the ex- ecutors are entitled to the following commissions on property sold: For the first $1000, 5 per cent; for the overplus between * 1000 and 15000, 2^ per cent thereon; for any amount over $5000, 1 per cent thereon. WILLS. 283 Wills Probated is any other State or Territory, uj)on proper authentication, may be adinitterl to probate in tliis Territory. AI,IEN^;. — The Statutes of the Territory are silent upon the subject of tlie power of aliens to hold or transmit real estate, with the excejttion of the following: " The alienage of the descendants shall not invalidate any title to real estate which shall descend from him to her." Wisconsin. — Every Person of Full Age and married women of the age of eighteen years and upwards, being of sound mind, may dispose of their property by last will and testament. >Vills may be executed in writing, signed by the testator or some person in his presence and by his express direction, and attested and sub- scribed in the presence of the testator by two competent witnesses. Nuncupative Wills, when the estate exceeds $150, must be made in the presence of three credible witnesses, who must state that they were specially requested to bear witness thereto. It must have been made in the testator's last sickness, in his own habitation or where he has ])reviously resided for the space of ten days, unless he was unexpectedly taken sick being from home and died before he returned to his last habitation. It shall not be proved after six months, imless the said words be reduced to writing within six days after they were spoken by the deceased. When a Foreign Will shall have been duly proved and al- lowed in the proper court of any otlier of the United States, a coj)y thereof duly certified may be recorded in the office of the Registrar of Deeds in which any lands therein described are situated, and when so recorded shall be valid and effectual to pass the title. MAnuiEi) Women when eighteen years and upwards can make wills of their 8e))arate estate by their own free privity. Testator can Disinherit all or anyone of his children. If TiiK Language is comprehensive enough it Avill include all the property of the maker seized of at his demise, but in case it does not, the residue of the estate may be treated as in intestacy. The IVIarriage of either does not absolutely revoke a will, only so far as the contingent interest by cf)urtesy or dower by statute would affect the instrument. 284 READY REFERENCE MANUAL. Aliens can by will dispose of their real and personal property in like manner as citizens. Inticstatk Estates. — No jijuardian need appear for infant until after administration is granted, and then only on sale of realty or hearing of final account and assignment of estate to those entitled thereto. Washington Territory.— Sec. iniR: Every person who Khali have attained the age of majority, of sound mind, may by last will devise all his or her estate, real and personal. Sec. 1319: Every will shall be in writing, signed by the tes- tator or testatri.x, or by some person under his or her directions in his presence, and shall be attested by two or more competent wit- nesses, subscribing their names to the will in the presence of the testator. Sec. 1.T20: Every person who shall sign the testator's or testa- tri.v's name to .any will by his or her directions, shall subscribe his own name .as a witn«'ss thereto and state that he subscribed the testator's or testatri.v's name at his or her re^juest. Skc. 1.325: If any person m.ake his last will and die, leaving a child or children, or descendtints of such child or children (in case of their death) not n.amed ov provided for in such, will, although born after making such will or the death of the testator, every such testator so far as he shall regard such child or chiUtren or their de- scendants not provided for, shall be deemed to die intestate, .and such child or children or their descendants sh.all be entitled to such proportion of tlie estate of the testator, real and personal, as if he had died intest.ate, and the s.amc shall be assigned to them and all other heirs, devisees and legatees shall refund their proportional part. Sec. 2;i6;i: Th.at males shall be deemed and taken to be full .age for all purposes at the .age of twenty-one years and upwards; fenjales shall be deemed and taken to be of full .age at the age of eighteen years and upwards. Sec. 1304: A female married to a person of full age, sluill be deemed and t.aken to be of full .age. The widow takes a child's part on death of her husband intes- tate. Husband cannot however deprive lier of her dower by any WILLS, 285 proviHion in the will, but he can devise to her in lieu of dower bc- (lUestB, and if accepted by her within one year after Iuh decease, it so remains. Ilutsband takes a child'H part in case his wife dies in- testate and witli issue, but witliout issue lie is not entitled to any- thing. I'rohatk Pkoceedinos. Skc. 134-2: Any jierson having (he (!Ustody of any will shall within thirty days after he shall have knowledge of the death of the testator, ileliver said will unt<» the I 'rol)ate Court which has jurisdiction; or to the person named in the said will as executor. Shx!. 1.34.'{: Any person named as executor in any will shall within thirty days after he lias knowledge that he is executor present the will, if in his possession, to the Probate Court which has juris- diction. Sec. 1344; An executor named in the will may decline to act by filing a written renunciation at the time of filing said will; but if he intends to accept, he shall present with will a petition praying that the will be; admitted to probate and that letters tes- lanjentary be issued to him. Sec. 1350: When any will is exliibited to be proven, the' court may immediately receive the j>roof and grant a certilicate of of proL vte or if such will be rejected issue a certificate of rejection. Skc. 1354: If it shall ai)pear to the satisfaction of the court that all the subscribing witnesses are dead, insane or their residence unknown, the court shall take and receive such proof of the hand- writing of the testator and subscribing witnesses to the will, and such other circumstances, as would be sufficient to prove such will. Sec. 1355: All testimony adduced in support of the will shall be reduced to writing, signed by the witnesses and certified by the .Judge of the Probate Court. Sec. 1356: All wills shall be recorded in a book ke}it for that purpose, within thirty days after probate and the originals shall be carefully filed. AuMiNisTKATiON OK Intestate Estates. — After filing inven- tory ; notice to creditors, in some cases family allowance ; petition and sale of real estate (real estate sold at public auction) ; petition 286 READY REFERENCE MANUAL. and final account and order of diacliarge and diHtribution of all prop- erty takes place. DOMINION OF CANADA. Province of Ontario. — Every person of tlie full aer8onal 288 HKADY RF.FEHENnE MANUAL. HtTvici' hctvimI) at It'iiHt thirty y will in the same manner as if she were unmar- ried, subject to the followin<^ conditions: If such will he made without consent of the husband given in writing before iier death the husltand shall have the right to exect (to cut away) between the proviMions mai' iMJiirirs or dfatli claims, as inovidoil uiidor the liuws in fadi Slalf ami Tciritory, ami Province in Canada; The amount of Damages fixed hy some Stales, as tilt) limit that can lie in the extreme, assessed l)y the Court. PAUT 11.— A Treatise on the I^iws t^overnin;,' Conductors, Knuineers and Pas- seriKers. PART 111.— The Law conunoidy j^overniii;; lidvcepers aixl their (;uests. P.\i{T IV.— liesponsihility of Telej^raim Companies res- pecting Wessa^fH; Contracts made liy Teleiiraph. PART \'.- The Law of common carriers. PART VI. — Law of Pindinj;. PART I.— CM A 1'. VI. DAMAGES AGAINST UAII.ROADS KOR ACCIIUCNTS. Alabama. — The statute liniits the time to couiiiieiice .suit again.st a railroad corporation, in case of an injury to a minor, for one year; IVrsons generally, for six niofiths; damages for death claims, two years after the death occuring. No limit is fixed for amount recoverable in any case. There are 2191 miles of railroad within the State. Arkansas. — See Flori years after the accident or after the death from the ac- cident. The statute li.xes the damages recoverable at the outside limit, in case of Jeatli, at $.5000. There are 1U,00U miles of railroad in this State. Indiana. — All actions for recovery of damages in cases of in- juries or accidents received while traveling or otherwise, against railroad companies, must be brought within tvH> years thereafter except if the injured ))erson should not die until some time within the two years from the date of accident, tlien in such case the cause survives and it data's from such deatli period; otherwise in case of death at the time action must, ,be brought witliin eighteen, months. DAMAOES AOATNST RATT-ROADS. 293 Section 4023 of the Coiisolidatefl Statutes of Indiana, ])rovi(lps tliat tlie Court must assess the damages for injuries. In ease of death claims the statute limits the greatest penalty to the amount of $r>()()(). There are 55:34 miles of railroad within the State. Iowa. — For injury to persons, the time is limited to two yems from the date of accident. In case of deatii, within o)te year. No limit j)ut upon amount recoverable in either case. There are 7510 miles of railroad witluTi the State. Kansas. — Two years after accident occurs, outlaws the claim for damages in case of injuries. 0«e year after death no matter when oceuring, if traceable to that cause. !jIO,()0() is the limit pro- vided by statute in case of death. 'I'he State has 4205 miles of railroad. Kentucky. — Action for damages must be commenced within one year. The statute does not limit the amount of damages either for injuries or death. There are 18G7 miles of railroad within the State. Louisiana. — Actions for recovery of damages received by an accident upon a railroad, for injuries, must be brought within six f)i.(>nths thereafter; in cases of death at the time or arising there- from afterwards, six ino^tths. (In this latter case a person injured must give notice to the company before the expiration of the six months, if ho wants his claim to live so that the cause of action for damages by doing so, is good at any time thereafter in case of death.) As Louisiana is the only State in the Union that interprets the old ecclesiastical or canon laws of England, in what we may now term the "old-fashioned" sense, acting wholly upon the Acts of Parlia- ment and law, regardlef-s of what may l>e called the conntion law of custom, which has grown up from usage and as distinguished from a particular statute, embracing as in other words the statutory and customary laws of general juiisprudcnce. Outside of the city of New Orleans, the State is very averse to the intermingling of mod- ern innovations and practices; they do not take kindly to the ploughshare of modein progress in turning into disuse the old pasture fields of parish customs. Putting a value on life and lind), is so regarded, and comes under the ban of their disbelief. There are 1316 miles of railroad within the State. 294 READY REFERENCE MANUAL. Maine. — Six years outlaws any claim for damages against railroads for injuries ; one year for damages incase of deatb claims. No limit is put uj)on amount recoverable in either case. There are 1142 miles of railroad within the State. Massachusetts. — The time allowed to bring action either foi' accident, injuries or death, is the same as in all actions of torts (3 years). The amount of damages recoverable in case of death is limited to $oOOO. i990 miles of railroad in the common- wealth. Maryland. — Suits must be brought within one year for in- juries only ; death c'aims at the time or afterwards attributable to the accident, within one year after death. Amount recoverable in either case unlimited. 1082 miles of railroad within the State. Michigan. — All actions must be brought within six years; the amount is fixed U}- the court. 5233 miles of road in the State. Minnesota. — Same as Michigan, only death claims are limited to $5000. Railroad mi'eage in 1888 was 4193 miles. Mississippi. — The claim for damages received by railroad accidents, nmst be commenced within six years. No limit as to amount recoverable; each case stands upon its own merits. 1316 miles of railroad within the State. Missouri. — See Illinois, as to actions and damages. There are 4710 miles of railroad within the State. Montana. — See Kansas, as to laws. There are 1,047 miles of railroad within the territory. New Hampshire. — The law gives tipo years for persons to bring actions for damages against railroads. This dates from ac- cident, for injury, and from death for damages in such ease. But in all cases to keep on the safe side of the statute, notice of injury should be given without delay to the railroad companj', and in case death should result afterwards, it makes the claim all the more substantial. No limit in either case is put upon the judgment of the court, as to amount of damages recoverable. New Hampshire has 1044 miles of railway. DAMAGES ACtAINST RAILROADS. 295 Nebraska. — Four years outlaws cluiius for daraages against railroads both in caKes of damages for injuries and for death. $5,000 is the statutory limit that can be recovered in case of death ; otherwise no limit. 27U4 miles of railroad within the State. New York. — The statute fixes the amount in the highest degree that can be recovered for death claim at sr)000. Action mu.stbe commenced in the county where plaintiff in the cause resides without a change of venue agreed upon by both parties, within six years. There are 7335 miles of railroad within the Empire State. New Jersey. — The statute limits the time within which action nuist be commenced to recover damnges for injuries, aixyears from the cause ; in claims for death six years from the death. The stat- ute does not fix the limit of damages recoverable in either case. 1819 miles of railroad in the State, according to Poor's Manual. North Carolina.— The same law as South Carolina. There are 1*.)3S miles of railroad within the State. South Carolina. — Actions against railroads for damages for iujurii^s, nmst be commenced within six years after occurring. In cases of death claims, within one year after death, whenever it occurs, if originating from the accident. The law fixes no limit upon the jury in either case. There are 1504 miles of railroad within the State. Ohio. — All actions for recovery of damages for injuries onlj', must be commenced and the company's ofllicers served, within four years after the accident happened. In cases of death at the time or afterwards arising from the accident. Sec. 6135 of Revised Stat- utes provides two years after death. Sec. G135, fixes the limit that in the greatest instance recoverable at $10,000. There are 727G miles of railroad in this fertile State. Oregon. — The statutes make no special provision, apnrt from the rights given and reserved within ihv. companies, charteis; but as common carriers they art; liable. Actions should be inunediately conunenced as in all other cases of torts. There are 1135 miles of lailioad in operation. Pennsylvania. — The constitution of the commonwealth of this State provides, under Sec. 21 of Art. 3, "No act of the General 290 READY REFERENCE MANUAL. Assembly shall limit the amount to be recovered for injuries result- ing in death or for injuries to person or property ; and in case of death from such injuries, the right of action snail survive and the General Assembly shall prescribe any limitations of .time within which suit may be bi'ought against corporations for injuries to per- sons or propert . or for other Cannes, different from that fixed by general laws regulating actions against natural persons, and such acts now existing are void. There are 7546 miles of railroad in the State. Rhode Island. — The same as Maryland as to laws. There are 211 miles of railroad within the State. Tennessee. — All rights of action cease either for injuries or total death, after one year in the first instance, and in the came in the latter, dating from the death of the person. No limit put upon the amount recoverable. There are 216G miles of railroad within the State. Texas. — Actions to recover damages against railroads for dam- ages, either injuries or death, shall be brought in the case of injury, within one year thereafter. For death claims within one year after death, whenever terminating in that. The statute does not fix any limit for damages in either case. There are 6198 miles of railroad within the State. Vermont. — Actions for recovery of damages against a rail- road corporation, must be commenced within six years as in all oases of torts. The statute does not confine the court to any cer- tain amount that may be vo(!overed. There are 944 miles of rail- road within the State. Virginia.— O^ie year is the limit allowed for all actions against railroads. The death, however, at any time afterwards, at common law, would revive the cause of action, if established as the outcome of the injuries received in said accident. The statute pro- vides that the amount of damages assessed by any court in cases of this nature, shall in no instance exceed the actual and reasonable value of the natural business life ">{ the person. West Virginia. — See Virginia as to laws. There are 1027 miles of railroad in this State. DAMAGES AGAINST RAILROADS. 297 Wyoming Territory.— See Oregon rb to laws. There are G16 miles of railroad in this territory. Washington Territory. — Same as Wyoming and Oregon. There are 075 miles of railroad within the territory. W^isconsin. — A claim against a railroad cu.poration outlaws within six years. In case of death the law limits the right of action (except in cases of minors or persona incapable of ncl'on from any natural or compulsory reason ) to the period of one year after death. The law limits the amount that a court can assess to .I'.'jOOO in death claims. There are 4228 miles of railroad in the State. PROVINCES OP THE DOMINION OF CANADA. Province of Ontario. — The ad n must be commejiced in the courts within s/,c months after the -cident. If death does not occur at the time, but at any time afterwards, from the injuries received, notice must be served upon the company before the e.spir- ation of the six months. Amount is not limited. Northwest Territories.— Action must be conunencod. within one year after accident for injuries ; and if death occurs, within one year thereafter. Not limited as to damages to l)e found by the court. British Columbia. — Same as Northwest Territories. Manitoba. — See Ontario. Quebec. — Action must be brought within three months in case of injuries. In death claims not occnring at time of accident, but afterwards, and attributable to the injuries so received, if notice has been given of the accident injuries within the time speci- fied ( 3 months ) the action for death claim survives, and is good cause at any time within three months from the date of the injured person's death as aforesaid. New Brunswick.— See Nova Scotia. Nova Scotia. — Actions for indemnity either for injury or deatl claims, must be couunenced within six months. The fact 19 208 READY REFERENCE MANQAL. that i(lemnit,y for iujuriew cannot be ascertained until the person is fully recovered or dies, leaves tho apportioning of damages an impossibility in either case ; therefore cnr courts ha.e not in cases of that kind interfered until such finalty was reached. "Where a person applies either to the company for indemnity for injuries or to the courts, any award of the courts or payment by the company would forfeit his right or anyone in his behalf, of suing for further compensation for damages. Prince Edward Island.— See Ontario. Gape Briton.— Same as Nova Scotia. PART II —CHAP. VI. GENEBAL UAILUOAD LaWS. Obhtrdctixo HiniiwAYS. — Conductors of i)asHengor trains ftUowiufjf tl'eir train to obstruct tbo public higlnvay for a longer period than fifteen niinutos, are liable to be punished by line, regula t(!(l by the by-laws under the general law, as provided within the state or county or city or town. Fkeight Trains. — Conductors or others in charge, must under the general law, leave an opening of at least four rods in any freight train that may be left standing across the public high- way, or in a like manner be subject to tine, as the local town by- laws may provide. Engineer Failing to Stop at Railroad Crossing. — Whoever being the engineer of any locomotive running upon any rail- road track upon or over which passengers are or may bo transported, runs his locomotive across or upon the track of any other railroad upon and over which passengers are or may be transported, with- out first coming to a full stop before first crossing such other track, and without first ascertaining that there is no other train or locomotive in sight or approaching and about to pass over such other track ; or who runs, or permits his locomotive to cross such track when a locomotive is in sight, approaching and about to pass upon and over such crossing, on such other track, — shall, on con- viction thereof, be fined in any sum not more than $1,000, nor less than $100, and imprisoned not exceeding one year in addition. Locking Passenger Cars. — Whoever, being iu charge of a passenger train on any railroad, and containing any passengers, sufiers or permits any such car to be locked, or fastens the door or doors thereof, so that said door cannot be ojiened by any such pas- senger — shall be liable to a fine of not more than $500, nor less than $5. Failing to Give Signals. — Whoever, having charge of a loco- motive engine upon any railroad, fails to signal when approach- 300 READY REFERENCE MANUAIi. ing any road crossing, by blowing the engine's whistle at a distance of not more than one hundred rods or less than eighty rods from such crossing, is liable to a fine of $50 and not less than $10. In case of any accident and such neglect is proved, and that such neglect has caused the injury or death of any person, is liable to imprisonment for fourteen years and not less than two years. Non-Payino Passengeh Put Off. — If any passenger refuses to pay his fare or toll, the conductor of the train or the servants of the corporation may put him out of the cars at any usual stopping place. This provision is to protect the public from the dangers of frecjuently stopping trains, and the perils of increased speed to regain time thus lost. The right is a police authority generally given to persons in charge of trains or other public conveyances, and the authority to expel and also to receive passengers by reason of intoxication, or when he is offensive and disagreeable to others, or when he refuses to conform to reasonable regulations in his conduct, or is disorderly or indecent, is a well established custom and law. If a conductor has for any of the reasons mentioned to reject any passenger or passengers, he must however rebate the offending passenger or passengers the unearned portion of their fare. Conductors Have Police Powers. — The conductor of all pas senger trains, steamboats, ferries or other passenger carrying cor- porations or companies, have universal police powers, wherever their trains run. Conditions Stipulated on the Back of a Ticket. — Railroad corporations are common carriers, and any condition they may as- sume to give notice of, by a notice on the back of ticket sold, other than the ordinary regulations and rules of the laws governing them, by their charters, are ultra vis viva, which, in law, means " beyond power of acting." It is their duty to protect the life and property of the passengers, so far as precaution and care can do so, but it matters not whether they carry passengers free or for four cents per mile, it does not change their responsibility. TART III —CHAP. VI. UKNKKAL LAW OK INNKEEl'EUS. An Innkeei'EH in liable a8 an iuHurer of the property of liin guewtH within his charge against everything but the act of God, or the public enemy, or the negligence or fraud of the owner of the property. No npecial delivery of the gooda to the innkeeper in neceHsary to charge hiiu, if they are in his cuHtody in the UHual manner ; but he may protect himwelf by requiring reasonable pre- cautionH from the guent, an that he shall deposit money or jewelry in a i)articular place for safekeeping. It is held that he cannot re- fuse to receive a guest without good cause. An innkeeper in not only liable like any other jjerson for loss or injury caused by his own default or negligence, but also for the loss of or injury to prop- erty of a guest, without the innkeeper's own default of any kind. As against these liabilities, he has a lieu on the goods of his guests for charges, but no lieu on his person. I'AUT IV.-CIIAl'. VI. OENKUAI, I'UOVISIONS (lOVKKNINd TKI.EdllAI'H COMI-ANIKH. Ne(»mukn<'k and J)iH(U,osimK. — Tolc'griii)li coiiiptinioH ai-« liuble for Mi)(;cial daiim^'fis occiiHioned by failiiro or in'^'li^'cme of their oporatorH or HervantH, in receiving, co]n'iii<(, tranHiuitting, or deliver- ing (lispatdioH, or for the discloHure of the conteiitH of any private dispatch to any person oth«'r than io whom it was a»MresHed or Iuh agent. Special daniageH recoverable under tluH Hcction cannot be barred by regulatioiiH of the company concerning repeating of luew- BUgeH. Admissible Mkshaoes. — If a message bo couched in decent lan- guage, the com})any is bound to transmit it without iu(|uiry as to the motives of the sender. Deliveuy op Messaoes. — The company is bound to deliver promptly all messages, within one mile of the office where received, by a competent messenger, to the person to whom addressed or his agent, on payment of the charges due for the same, as the contract for which the company receive the charges is not fulfilled until so delivered. CoNTUACTS BY Teleghapii.^ — Contracts made by telegraph, be- tween two or more persons, shall be considered a,: binding as any contract in writing. Penalty for Disclosing. — Whoever being an operator, clerk, servant, or messenger of any telegraph company, discloses the con- tents of any message sent or received (except in a court of law as evidence) can be punished in some States as high as $500, and in no State less than $10 for every such offense. PART v.— CHAT. VI. COMMON CAKRIER. Who they abe. — Tlie law regftidH every forponitioii, foiiijtaiiy, or indiviiluul iih a fomiuon carrier who uudertaken for coiiipensaliou to carry goodu from place to phu^efor the public. Tlio claHH iucliuleu proprietorH of Btages, owiierH of veHHels, railroad aiul exprcHH coiu- paiiieH, and thoHe generally who, on particular roiiteH, or aH they may be directed, hold thembelves out an carrierH for the public. A common carrier muat carry safely for all who may ofVer to employ him, and iH bound to deliver within a reauonable time ; and he \h an insurer against all loss of damage to the property carried except such as may occur by the act of God or the public enemy. He may coutract with his employer for a limitation of his common law lia- bility, but he cannot impose restrictions upon it by his own act merely. In some of the States it is modified by statute. A carrier may demand payment of his charges in advance, or otherwise stip- ulate regarding them ; he has a lien for all such charges upon the goods carried. Common Caurieus in England, such as railroads, which receive goods to be curried over a connecting line, and receii)tH accordingly, is liable as carrier to the point of ultimate destinatiou ; but in the United States and Canada, it has been decided by the courts of equity, that they are only liable for its own route, and for safe and prompt delivery to the next carrier, unless by contract a further liability has been assumed. Common carriers of persons are those who hold themselves out as carriers for hire of such as may ofler, and who thereby become bound to carry all who ofier. They un- dertake to carry, in suitable vehicles, with the most ajiproved ap- pliances, with reasonable despatch, and without negligence ; and though not insurers of the safety of their passengers, they become largely such by the great care and vigilence expected from them in the exercise of their duties to life and property. The Negligence of the carriers, agent, or servant in the con- duct of their business, is the negligence of such corporation or company in the eyes of the law. 304 HEADY KEFERENCE MANUAL. The Verdict ok Jukies ou Puulio Puejddices are too often brought in play with justice, aud damages awarded when the pas- senger ijossibly was violating the rules and regulations of the com- pany or railroad. The law will not undertake to apportion the re- sponsibility. At connuou law the carrier is not liable for civil claims of damages for deaths; but in the United States and England damages are now recoverable in such cases by statutes, fixing the liability upon them. PART VI.— CHAP. VI. THE LAW OF FINDING. The law of finding ia tliat the finder has a ch;ar title aj^ainst eveiyono but the owner. The proprietor of a hotel or a «hop has uo right to demand the property or preiuiseb. Such proprietor may make regulations in regard to lost property which will bind their employees, but they cannot bind the public. The law of find- ing was declared by the King's bench over lUO years ago, in a case in which the facts were these : " A person found a wallet containhig a sum of money on a shop lloor. He handed the wallet and contents to the shopkeeper to be returned to the owner. After three years, during which the owner did not call for his property, the finder demanded the wallet and the money from the shopkeeper. The latter refused to deliver them up on the ground that they were found on the preuiises. The former then sued the shopkeeper, and it was held as above set forth, that against all the world but the owner the title of the finder is perfect. And the finder has been held to stand in the place of the owner, so that he was permitted to prevail in an action against a person who fouiid an article which the plaintiff had orig- inally found, but subsequently lost. The police have no special rights in regard to articles lost, unless those rights are conferred by statute. Receivers of articles found are trustees for the owner or finder. They have no power in the absence of special statute to keep an article against the finder, any more than the finder has to retain an article against the owner. But the finder should advertise the same inl make diligent ellbrts to find the owner. CHAPTER VII. MISCELLANKOUS INFOKMTION. PART I.— I'(>iiils<.f Hiisinoss r.:i\v in Daily Use. TART ll.-('lii-k"s Inter- est Tallies. ['ART ill. — DiU'ereiiee in Time lietweeii New Yoik ami San I'" raiieiseo and intermediate jilaees. I'ART IV. — Value »)f Foreign t'oin.s a.s re;;nlated \>y tlie United States Director of the I\Iint, January Ist, IKS!). l'.\ RT v.— U. S. Passport Regulations. I'AKT VI.— Auiend- inents to Canadian Postal fiaws. PART I.— CHAP. VII. POINTS or UU3INESS LAW IN DAILY USE. If a note is lost or stolen, it does not release the maker ; he must pay it, if the consideration for which it was given and the amount can be proven. Notes bear interest only when so stated. Principals are responsible for the acts of their agents in civil actions. Each individual in a partnership is responsible for the whole amount of the debts of the firm, except in cases of special partner- ship. Ignorance of the law excuses no one. The law compels no one to do impossibilities. An agreement without consideration is void. A note made on Sunday is void. Contracts made on Sunday cannot be enforced. A note made by a minor is void. Contracts made with a lunatic are void. It is a fraud to conceal a fraud. The acts of one partner bind all the rest. A receipt for money is not always conclusive evidence. Signatures made with a lead pencil are good in law. A note obtained by fraud cannot be collected. A note obtained from a person intoxicated cannot be collected at law. POINTS OF HUHINE8S LAW. 307 " Value received " is usually written in a note, and should be, but it is not necessary. If not written, it is presumed by the law, or may be supplied by proof. The maker of an " accommodation " bill or note ( one for which he has received no consideration, having lent his name or credit for the accommodation of the holder) is not bound to the person acconunodated, but is bound to all other parties, precisely as if there was good consideration. No consideration is sufficient in law if it be illegal in its nature. Checks or drafts should be presented during lousiness hours, but in this country, except in the case of banks, the time extends through the day and evening. If the drawee of a check or draft has changed his residence, the holder must use due reasonable diligence to tind him. If one who holds a check as payee or otherwise, transfers it to another, he has a right to insist that the check be presented that day, or at farthest, on the day following. A note indorsed in blank ( name of the indorser only written ) is transferable by delivery, the same as if made payable to bearer. If the time of payment of a note is not inserted, it is held pay- able on demand. The time of payment of a note must not depend on a contin- gency. The promise must be absolute. A bill may be written upon paper, or substitute for it, either with ink or pencil. The payee should be distinctly named in the note, unless it is payable to bearer. An indorsee has a right of action against all whose names were on the bill when received by him. If the letter containing a notice of protest of non-payment be put into the post office, any miscarriage does nut affect the party giving notice. Notice of protest may be sent either to the place of business or of residence of the party notified. The holder of a note may give notice of protest either to all the previous indorsers or only to one of them ; in case of the latter he must select the last indorser, and the last must give notice to the last before him, and so on. Each indorser must send notice the 308 BEADY llEFERENCE MANUAL. aaum clay or the clay following. Neither Sunday or legal holiday is to be counted in reckoning the time in which notice is to be given. The loss of a hill or note is not sufficient excuse for not giving notice of protest. If two or more persons are jointly liable on a note or bill, due notice of jn'otest to one of them is sufficient. • If a note or bill is transferred as security, or even as payment of a pre-existing debt, the debt revives if the bill or note be dis- honored. An indorsement may be written on the face or the back. An indorser may prevent his own liability to be sued by writing "without recource " or similar words. All claims which do not rest upon a seal or judgment must be sued withiu the statute of limitation where contracted. Part payment of a dabt usually revives an outlawed claim. No evidence may be introduced to contradict or vary a written contract, but it may be received in order to explain it when such contract is in need of explanation. If a bank pays a forged check, the loss falls upon it, as it is bound to know the signature of its own depositor. If a chcsck or bill is fraudulently rai.sed, the drawer is chargeable only with the original amount. PART II. CHAP. VII. CI-Anic's INTEREST TAI'-LES. For illustration, wo will suppose that A borrows from the liuild- iiig Society, $1000, repayable by Clark's interest, based upon 4 per cent in 20 semi-annual instalments. The Society wouhl draw up a mortcjatjc upon A's house and lot for .$1400, repayable in ten years by semi-annual instalments of ijiTO each. How they arrive at this is as follows: — The interest for one year at 4 per cent upon $1000 would be $40; for ten years, $400; this is added to the ])rinciple, which makes $1400; divided into 20 instalments of $70 each. To show the actual rate of interest that the borrower pays, we will as- sume tliat if the borrower were to deposit the amount in a bank that would allow him C per cent on his dciposits (as most men can invest money in the safest of securities at (i ])er cent) and .see what amount lie would have by compounding interest at the end of ten years, when he made his last payment to the IJuilding Society: — First INST .\I,ME\T pjiid l)y lioi rower .-it end off! months $70 00 At end of lirst vc;ir, interest upon $70 at () per cent -- '-^ 10 I'nd InslitJMieiit'piud in _ 70 00 Total iim'l in l)!in]< at end ^ :ird Instai.mk.nt due and jiaid in 70 00 Total aniT in iianlv at end of l!^ luo's - $-Hi '•<■> liiteicst n])on S'.'Hi.:':! for (» mo's at ti ]ier cent •> ••' ■Itli 1nst.\i,.mi:nt due and [laiil in 7(» (H) Total am't in l.aidv at end of 3 years !=!2!)3 H'i Interest upon .'if'.'K'J.S'J for mo's at (i per cent - M 7S •"itii Instai.mknt due and paid in - 70 00 Total am't in hank at end of "2 ', years - $I!71 (>0 Intei'est n|)on $:)7 1.(10 for (i mo's at (i per (;ent 11 '1 •itli IxsTAl.MKNT diK! and iiai years _ S^">- 74 interest upon >il."")i>.T( for (i mo's at (i per cent i;! oS 7th Instalmknt due and paid in 70 00 Total am't in liank at end of ;5.l years ..- - >}'>-W -',2 Interest upon .'ji.'ilJO.JW for (i mo's at per cent l'> OS 8th Instalment due and paid in 70 00 Total am't in hank at end of 4 years. $B22 33 Interest upon $0'W.33 lor (5 mo's at 6 per cent 18 67 310 HEADY REFERENCE MANUAL. Otli Instai.mknt due and paid in $ 70 (K) Total ain't in l.anlv at end of U years $710 9!) liitcivst upon 87 1 ().!!!) for (» nio's at 6 per cent 21 :W lOtli iNSTAL.MKNT (lu(! and paid in 70 00 Tola! ain't in hank at end of 5 years $802 32 Inleresi npon SHO',>.;{-,> for (> nio's at per cent 24 07 litii Lnstai.mknt due and i)aid in 70 00 Total am't in hank at end of 5^ years SMOG '.]9 Interest upo.i $S!MI.:i!) for () nio's at ft per cent 26 HO 1 2tli Instalment due and i)aid in 70 00 Total ain't in })ank at end of years __ §!)!»:$ 2M IntiM-est ni)on !i!!)0:i.2.S for nio's at per cent 20 70 Kith Instalment due and paid in 70 00 Total am't in hank at end of fil years .*;i()i);{ 07 Interest upon $100;i.07 for <> nio's at per cent ;{2 70 14th Instalment duo and paid in 70 00 Total am't in hank at end of 7 years !?l1!»r) sti Interest npon §1 l!t."i.8() for (> nio's at 7 mtli Instalment due and paid in 70 00 Total ain't in hank at end of 71 years _ . . $lii01 7!$ Interest n])on 8l'>01.7;i for (5 nio's at per cent. JJO or> Kith Instalment due and paid in 70 00 Total ain't in hank at end of 8 years §1410 78 Interest ujioii sl41().7H for (i ino's at per cent 42 ;{2 I7tli Instalment due and paid in 70 00 Total ain't in hank at end of 8.1 years SJIW:? 10 Interest upon 81.">2;!.10 for (! nio's at <5 per cent 4^> <>0 isth Instai-ment due and i)aid in 70 00 Total ain't in hank at end of 9 years §10:58 79 Interest npon §1(>;{8. 79 for () nio's at fi per cent 49 16 19th Instalment due and paid in 70 00 Total am't in hank at end of 91 years !iil7r)7 9r. Interest upon S1T')7.9.") for (i nio's at <> [ler cent 52 7!5 2iMh Instalment due aiily to the proper (rourt for admission to citizen- ship, and transmit a certified copy of the record of such admission. In issuing passports to naturalized citizens, the depaitment will be guided by the naturalization' certificate ; and the signature to the ajjplication and oath of allegiance should conform in orthog- raphy to the applicant's name as written in the naturalizatiori paper. 20 314 READY REFERENCE MANUAL. p]very ftpplicaut is required to state Iuh occupation and the place of liis ponuaneut legal reHidenco, and to declare that he goes abroad for temporary sojourn and intends to return to the United States with the purpose of residing and performing the duties of citizenship therein. The wife or widow of a naturalized citizen nuist transmit the naturalization certificate of the husband, stating •in her affidavit that she is the wife or widow of the person described therein. The children of a naturalized citizen, claiming citizenship through the father, must transmit the certificate of naturalization of the father, stating in their aflidavits that they ar(! children of the person described therein, and were minors at the time of such naturalization. The oath of allegiance to the United States will be required in all cases. Ai'PLioATioNS. — The application should be accompanied by a description of the person, stating the following particulars, viz. : Age, years. Stature, feet, inches (English measure). Forehead, eyes, uo.se, mouth, chin, hair, complexion, face, . If the applicant is to be accompanied by his wife, minor child- ren, or servants, it will be sufficient to state the names and ages of sucli persons and their relationship to the applicant, when a single passport for the whole will suffice. For any other person in the party a separate passport will be required. A woman's passport may include her minor children and servants. Fee Required. — By act of Congress approved March 23, 1888, a fee of one dollar is recpiired to be collected for every citizen's passport. That amount in currency, postal money order, or postal note should accompany each application. Orders should be paya- ble to the disbursing clerk of the deparlment of State. A passport is good for two years from its date and no longer. A new one may be obtained by stating the date and number of the old one, paying the fee of one dollar, and furnishing satisfactory evidence that the applicant is at the time within the United States. Citizens of the United States desiring to obtain passports while in a foreign country must apply to the chief diplomatic repre- sentative of the United States in that country, or in the absence of a diplomatic representative, then to the consul-general, if there be one, or, in the absence of both the officers last named, to a consul. To persons wishing to obtain passports for themselves, blank forms of application will be furnished by this department on re- quest, stating whether the applicant be a native or a naturalized citizen. Forms are not furnished, except as samples, to those who make a business of procuring passports. Communications should be addressed to the department of State, epdorsed "Passport Division," and each communication should give the postoffice address of the person to whom the answer is to be directed. Professional titles will not be inserted in passports. I'ARTVI— CHAP. VII. AMKNDMKVTTO TUB "I'OST Oh'VWK ACT" OI' TIIK DOMINION OPCANAHA. (AH««-iif.-«l to May 2<1. 1HHn.| PoHT Okkice Dei'Autmknt, Canada. OrrAWA, 2()Tii May, IHHO. Tlio attention of |»ostm.isters is (r.allcd to tlic foUowinj; diiingcs in the ratcH of jiOKfa^e eon«e(|iient on tlie ])asNin^ of tlie act to amend the post oflice :u:l, 52 Vict., chapter 20: — 1. The reo;iHtratioii fee ii|)r)n htters and upon allotlier matter transmissihh' hy ni.'iil within tlie Dominion of Canarhv, to New- foundland or tiie I'liiteil States, will be five cents — to he prepaid hy stamp. All elaKK«'K of matter posted in and acMressed to C'anada may he rej^istered. 2. The rate of postajje u[»on letters passing from one post of^u!e to another within the Dominion or 1o the United States is tiiree cents |)er oiinc*- or fraction tliereol', to he pre|>aid hy postatije stamp. Ivt'tters addressed to any place in Canada upon wliich any postajjfe lias heen prepaid hy stamp are to l)e forwarded to their (h'stination cli:ir<,'ed with rhmhie the amount of the postage thereon not so prej»airo)iil)itc hIi.-iII Im- I'ur- fi'itcfl ami he ilcalt with as the law dirt'cts." Attention i.s also callol to seution llMot' the said act, wliich, iiH iinn tnU'd reads as t'oMows: — "Every othcer, (derk and person eni|iIoyed in the jxistal service of Canada ^e miphtyi'd in I lie preven- tion of Kniiii;<,dinj; and for the enforeement of the revenue laws f>f Canada and shall he sidijeet to all the re(|iiiremt'iiis and penalties and vi'Nted with the like protection as that provided for under tiie CustomH and Atnlit Acts, and no such ollicer, clerk or person shall (h'liver or permit to he delivered to tlu' person to whom it is ad- di'essi'd any post letter, parcel or package, or other article of mail matter whndi contains or is suspected to contain any dutiahle i^oods until the duty payahle thereon under any act rcspi-ctiiii,' the cus- toms has heen paid to an otlicer of y vis^ilancv and harmony le mail matter is required to pass. .H)IIN(;. HA(i(;ART, J'ostinaster (ieiieral. (NoTK. — As tile I'ostal ]{(';fuliilions nf ('aiiiida upon paK*' l'i'> were in press when the alMi\r ilcpiirtiiiciilal onlcr was is.siicii. making; ciTlain iin- IMirlaMt clian};;es, we have lieeii ciiiiipcllcil to insert it in this cliapter. — AUTIIOK.J CHAPTER VIII. I'Alt'l" I. — All OiilliiM- of Uiiiti'd Stiitfs loriii ol' ( lovcrniiii-nt : Declaration ol' 1ii(1('|h'1hIi'Iii(' of tlic L'liitcd States; Coiistitutiou ami AnieiKliiieiits tlicretoof tlie U. S. I'AKT II.— The Manila Cliaiterof KiiiK Jolm of KiiKlaiid. I'AUT 111.— HioKraiiliical Sketches of the Lives of tlio United States i'ri'sidents from \V;i.shiiiytoii to (Jeiieral Harrison. TAUT IV. — Facts aitout the Koyal Family of (ireat Britain and ii sketch of her Majesty's residence ; u l)rief outline of Canada's greatest htatusman, Sir John A. MacDcjiuild. PART I— CHAP. VIII. AN OUTLINE OF UOW THE UNITED STATES GOVERNMENT lb EOKMED AND U. H. COURTS. The States of the Union in their internal all'airs are independ- ent ; they delegate a portion of their power to a central govern- ment, 'vhose laws are paramount to State authority, if the laws are constitutional. The government consists of three branches : The executive, legislative and judicial. The execution power is vested iu the President, who with the Vice-President, is elected every four years, by an electoral college, each State returning as many electors as they are entitled to Senators and Members of Congress. These electors are chosen every presidential election in each State. The electors meet in each State on the first AVednesday in December and cast their votes for the ticket they were elected for. That is the electors are chosen by the republican party as candidates to vote that ticket, and for the democrats or prohibitionists (as the party may be) to vote their respective ticket, or in other words chosen to perform without discretion that party, State or official act only. On the second Wednesday in February the certificates of the votes from all the States as cast, are opened by the President of the Senate in presence of the two houses of Congress, when the. votes are counted and the result declared. The official term of the offices declared elected begins on the 4tli of March following. In case of the removal by death, resignation, or inability of the Presi- dei4) the Vice-President succeeds to the ^jresidency, and if the dis- ability be not temporary, serves the remainder of the presidential term, and in case of failure of both President and Vice President, the President of the Senate pro teiiqnwe, or in case there be no presi- dent of the senate, the Speaker of the House of Representatives is to act as president. On December: 15th, 1885, the following amendment to the suc- cession was enacted "That in case of removal, death, resignation or inability of both President and Vice-president of the United States, the Secretary of the State, or if there be none, or in case of his re- U. S. GOVEllNMENT. 319 nioval, death or resignation, or inability, then the Secretary of the Treasury, or if there be none, or in case of his removal, death, rebig- natiou, or inability, then the Attorney- General or if there be none, or in case of his removal, death, resignation, or inability, then the Postmaster General, or if there be none, or in case of his removal, death, resignation or inability, then the Secretary of the Inteiior, shall act as President or Vice President or is removed or a president shall be elected. Provided, that whenever the powers and duties of the office of President of the United States shall devolve upon any of the persons named herein, if Congress be not in session, or if it would not meet in accordance with law within twenty days thereafter, it shall be the duty of the person upon whom said powers and duties shall devolve to issio a proclamation convening Congress in extraordinary seesici), c;ivmg twenty days' notice of the time of meeting. Sec 2. That the preceding section shall oidy be held to describe and apply to such officers ai- r^liall have been upi)ointed by the advice and consent of the senato to the offices therein named, and shall as such only be eligible to the office of President under the constitution, and not und.jr inipea< huient by the House of Repre- sentatives of the United States at the time the powers and duties of the office shall devolve upon th'^ni respectively. When there is no election o' President by the people for want of a majority of electoral votes for any one candidate, the house of representatives chooses the president from the three having the highest votes, the body of representatives from each State, casting a single vote. When the election results in no choice for Vice-Presi- dent, that officer is chosen by the Senate from the two who have received the highest number of votes. Note. — (To make this more distinctly understood, we will give an example : Suppose A was the republican candidate for Presi- dent, C was the democratic candidate, D the prohibition candidate and E was the united labor candidate. A receives in the electoral college, 125 votes, B receives 100 votes, C 75 votes and D 40 votes, tind the total college vote was 340, thus it would re(iuire some one candidate to obtain 171 votes to be elected, in which case none of the candi- dates would be elected, and only A B and C would be eligible to have their names presented to the Senate for to be chosen Presi- dent, as they are three highest.) The President may be removed by impeachment, for and on conviction of treason, briber j', or other high crimes and misde- meanors. He is commander-in-chief of the army and navy, and of the militia of the several States when they are called into actual service of the general government, and he has power, by and with the advice and consent of the Senate, to make treaties, and to ap- point ministers and other public officers of the United States whose appointment is not otherwise provided for. The President receives a salary of $50,000 a year, and the Vice-president $10,000. All acts of Congress, over which he has a veto, must be presented to 320 HEADY llEFEUENCE MANUAL. him before they become law. Laws can be passed ovfir his veto V)y a two-thirds vota of tlie majority, in both houses of congi'ess. The president is assisted by a cabinet of seven, called the secretaries of state, of the treasuryi of the interior, of war, and of the navy, the attorney-general, and postmaster general, who are nominated by him and confirmed by tbe Senate, and are the heads of the seven executive departments of the government. They receive $8000 a year each. The principal duties of the Secretary of State relate to foreign allairs. Besides other matters relating more dire(!tly to finance, the Secretary of the Treasury superintends tlie colhjction of duties and internal revenue. There are in the department of the treasury a treasurer, commissioner of customs, commissioner of in- ternal revenue, and comptroller of the currency: also a bureau of the mint, which has under its control all the mints and assay otKces of the United State.s. The Secretary of the Interior is charged among other things with the supervision of public business relat ing to the census, public lands (including mines), Indian jjensions, and bounty lands, patents, custody and distribution of publications, education, and certain duties relating to territories. The most im- portant of these functions are intrusted to the commissioner of the goneralland office, commissioner of Indian affairs, commissioner of pensions, commissioner and assistant commissioner of patents, superintendent of public documents, and commissioner of educa- tion, who are appointed by the President with the consent of the Senate. The department of agriculture (which is not an executive one), under the charge of a commissioner of agriculture, is designed to obtain and diffuse useful information relating to agriculture, and to procure and distribute new and useful seeds and plants. Tbe jiational legislature consists of a congress composed of a Senate and House of Representatives. The Senate consists of two Senators from each State, chosen by the respective legislatures for six years, in such a way that one-third of the whole body goes out of office every two years. The Vice-J 'resident of the United States is presi- dent of the Senate ex officio and the Senate elects a president ^>n) tempore to serve in his absence ; the vice-president has only a cast- ing vote. The senate has sole power to try all impeachments. The House of Representatives is coTnposed of meinbers chosen for two years by the people of each State. They are apportioned among the several States according to their representative population, ex- cluding Indians not taxed. Every State is at least entitled to one representative. There are also delegates, one from each organized territory, who are entitled to speak in the House, but not to vote. The election for representatives and delegates to Congress is held biennially on the Tuesday next after the first Monday in November in even years. The House of Representatives chooses its own speaker and other officers : has sole power of impeachment ; and originates all bills relating to revenue. Members of both Senate and House receive )i!5000 a year and mileage at the rate of 20 cents for each mile of travel in going to and returning from the seat of government. The pay of the Speaker of the House is $8000 a year. U. H. OOVEllNMENT. 321 The ref^ular HessiouB of Congross begiu on the first Monday of De- cember in each j'car, and extra sossioua may be called by the Presi- deut. The term of olHce of the representatives, and conseiiuently the duration of eacth Congress, expires by law on the 4th day of March of every odd year. Congress has power to lay aud collect taxes, imposts, and excises, which must be uniform throughout the United States ; to borrow money on the credit of the United !States; to reguhite (!ommerce witii foreign nations ; among the several states, and with the Indian tribes ; to coin money ; to define and punish piracy aud offences against the law of nations ; to declare war; to raise and support an army and navy; to provide forrialliug forth the militia when reiiuired; and to exercise exclusive legisla tion over the District of Columbia. The judiciary comprises a Supreme Court, Circuit Courts, District Courts, and the Court of Claims. There are also the Supreme Court of the District of Co- lumbia, and the Territorial Courts, the judges of which are appoint ed by the President. Besides this each State has its own independ ent judiciary. The Supreme Court consists of a Chief Justice (salary $10,500 per year) and eight associate justices (salary $10,000 each). It holds one session annually in Washington, be ginning on the second Monday in October. The United States is divided into nine judicial circuits. There is a Circuit Judge (salary $6000) resident in each circuit, and a Justice of the Supreme Court visits each circuit for the pur^iose of holding Circuit Court. Cirsent King of Great liritain (George III. of the House of Brunswick) is a history of repeated injuries and usurpations, all having in direct object the establishment of an ab- solute tyranny over these states. To prove this, let facts be sub- mitted to a candid world : He has refused his assent to laws the most wholesome and nec- essary for the public good. He has forbidden his governors to pass laws of immediate and pressing need and importance, unless suspended, in their operation, till his assent should be obtained ; and when so suspended, he has utterly neglected to attend to them. He has refused to pass other laws for the accommodation of large dis- tricts of people, unless those peojjlo would relinquish the right of representation in the legislature ; a right inestimable to them, and formidable to tyrants only. He has called together legislative bodies of places unusual, un- DECLARATION OF INDEPENDENCE. 323 comfortable, and distant from tho depository of their jjublic records, for the sole purpose of fatiguing them into compliance with his measures. He has dissolved representative houses repeatedly, for opposing, with manly lirmncss, his invasions on the rights of the people. He has refused, for a long time after such dissolutions, to cause others to be elected ; whereby the legislative powers, incapable of annihilation, have returned to the people at large, for their exercise ; the State remaining, in the mean time, exposed to all the dangers of invasion fronx without, and convulsions within. He has endeavored to prevent the population of these States ; for that purpose obstructing the laws for naturalization of foreigners; refusing to pass others to encourage tlieir migrations hither, and raising the conditions of new approjjriations of lands. He has obstructed the administration of justice, l»y refusing his assent to laws for establishing judiciary ])owers. He has made Judges dependant on his will alone, for the tenure of their offices, and the amount and payment of their salaries. He has expected a multitude of new offices, and sent hither swarms of officers to harass our people, and lo eat out their sub- stance. He has kept among us, in times of peace, standing armies, without the consent of our legislatures. He has eflfected to render the xnilitary independent of, and superior to, the civil power. Ho has combined with others to subject us to a jurisdiclioix foreign to our constitutions, and unacknowledged by our laws ; giving his assent to their acts of pretended legislation. For quartering large bodies of armed troops among us : For protecting them, by a xnock trial, from punishment for any nxurders which they should commit on the inlxabitants of these States. For cutting off our ti'ade with all parts of the world : For huposing taxes on us without our coixsent : For depriving us, in many cases, of the benefits of trial by jury: For transporting us beyond seas to be tried for pretended offences : For abolishing the free system of English laws in a neighbor- ing ])roviixce, establishing therein an arbitrary goveri]ment, uxid en- larging its boundai'ies, so as to x'ender it at once an example and tit iixstrument for iixtroducing the same absolute rule into these colonies. For taking away our chartei', abolishing our most valuable laws, and alterixig, fuixdaixientally, the forms of our government : For suspending our owix legislatures, and declaring us out themselves invested with power to legislate for us ixx all cases what- soever. He has abdicated government here, by declaring us out of his protection, and waging war against us. 324 READY REFERENCE MANUAL. He lias pliiiulered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people. Ho is, lit this time, transporting large armies of foreign mer- eeiiiiries to complete the works of death, desolation and tyranny, al ready begun with circumslauoes of cruelty and perfidy, scarcely parallehd in the most bai barons ages, and totally unworthy of the bead of a civilized nation. He has constrained our fellow citizens, taken captive on the high seas, to bear arms against their country, to become the execu- tioners of their friends and brethren, or to fall themselves by their hands. He has excited domestic insurrections amongst us, and has en- deavored to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes, and conditions. In every stage of these oppressions, we have petitioned lor redress in the most humble manner ; our repeated petitions have been answered only by repeated injury. A prince whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free peoi)le. Nor have we been wanting in attentions to our British brethren. We have warned them, from time to time, of attemjjts by their leg- islature to extend an unwarrantable jurisdiction over us ; we have reminded them of the circumstances of one emigration and settlement here ; we have appealed to their native justice and magnanimity ; and we have conjured them, by the ties of common kindred, to disavow these usurpations, which would inevitably interrupt our connexions and correspondence. Tliey, too, have been deaf to the voice of justice and of consanguinity. Wo must, therefore accpiiesce in the necessity which denounces our separation, and hold them as we hold the rest of mankind, enemies in war : in peace friends. We, therefore, the llein'esentatives of the United States of America, in General Congress assembled, appealing to the Supreme Judge of the worhffor rectitude of our intentions, do in the name and by the authority of the good people of these colonies, solemnly publish and declare, that these I'^nited Colonies are, and of right ought to be, FiiKE and Tnukpendent States : that they are absolved from all allegiance to the I5ritish Crown, and that all political con- nexion between them and the State of Great Britain is, and ought to be, totally dissolved ; and that, as free and independent States, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which inde- pendent States may of right do. And for the support of this decla- ration, with a firm reliance on the protection of Divine Prov idence, we mutually pledge to each other our lives, our fortunes, and our sacred honor. John Hancock, Mass. Abraham Clarke, N. J. Josiah Bart.lett, i\fass. Eobert Morris, England. William Whipple, Me. Benjamin Rush, Pa. Matthew Thornton, Ireland. Benjamin Franklin, Mass. CONSTITUTION OF THE UNITED STATES, .'J2o Samuel Adams, Mass. John Adams, Mass. Robert Treat Paine, Mass. Elbridge Gerry, Mass. Stephen Hopkins. K. I. William Ellory, R. I. Roger Sherman, Mass. Samuel Huntington. Conn. William Williams. Conn. Oliver Wolcott, Conn. William Floyd, N. Y. Philip Livingston. N. Y. Francis Lewis, Fngland. Lewis Morris, N. Y. Richard Stockton, N. J. John Witherspoon, Scotland. Francis Hopkinson, Pa John Hart, N. J. Francis L. Lee, Va. Carter Braxton, Va. William Hoppei-. Mass. Joseph Hews, N. J. John Penn, Va. Edward Rutledge, S. C. John Morton, Pa. (xeorge Clymer, Pa. James Smith, Ireland George Taylor. Ireland. James Wilson, Scotland. George Ross. Del. Cesar Rodney. Del. George Reed, Md. Thomas McKean, Pa. Samuel Chase, Md. William P.ica, Md. Thonnvs Stone, .Md. Charles Carroll, Md. George Wytbe, Va. Richard H. Lee, Va. Thomas Jeft'erpon, Va. Benjamin Harrison, Va. Tho as Nelson, Va. Thomas Heyward, jr. S. C. Thomas Lynch, S. C. Arthur Middleton, S. C. Button Gwinnet, England. Ijyman Hall, Conn. George Walton Va. CONSTITUTION OP THE UNITED STATES. We, the people of the United States, in order to form a more perfect union, establish justice, ensure donu^stic tranipiility. ])ro- vide for the common defence, promote the geneial welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution of the United States of America. ARTICLE I. Sec. 1. — All legislative powers herein granted, shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Sec. '2. — The House of Representatives shall bo composed of members chosen every second year, by the people of the several states ; and the ele(!tors in each slate shall have the qualitications reipiisite for electors of the most numerous Inanch of the State Legislature. No ]ierson shall be a Representative who shall not have at- tained the age of twenty-one, and been seven years a citizen of the Unii,ed States, and who shall not, when elected, be an inhabitant of the state in which he shall be chosen. Representatives and direct taxes shall be apportioned among the several states which may 1)e included within the Union accord- ing to their respective numbers, which shall bo determined by 320 READY REFERENCE MANUAL. adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, throe-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every 8ub8e(]ueut term of ten years, in such manner as they by law shall direct. The number of llepre- sentatives shall not oxceed one for every thirty thousand, but each state shall have at least one Rei)resenta1ive ; and until such enu- meration shall be made, the State of Now Hampshire shall be en titled to choose three ; Massachusetts, eight ; Rhode Island and Providence Plantation, one ; Connecticut, live ; New York, six ; New Jersey, four; Pennsylvania, eight; Delaware, one; Maryland, six ; Virginia, ten ; North Carolina, five; South Carolina, five; and Georgia, three. When vacancies happen in the representation from any state, the executive thereof shall issue writs of election to fill such vacancies. The House of Representatives shall choose their speaker and other officers, and shall have the sole power of impeachment. SEr. 8. — The Senate of the United States shall be composed of two Senator.s from oach state, chosen by the Legislature thereof, for six years ; and each Senator shall have one vote. Immediately after they shall be assembled, in consequence of tho first election, they shall be divided, as eijually as may be, into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year ; of the second class, at the expiration of the fourth year; of the third class, at the ex- piration of the sixth year ; so that one-third may be chosen every second year ; and if vacancies happen by resignation or otherwise, during the recess of the Legislature of any state, the executive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such vacancies. No person shall be a Senator who shall not have attained to the f\ill ago of thirty years, and been niiie years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. The Vice-President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided. The Senate shall choose their officers, and also president pro- temporo, in the absence of the Vice president, or when he shall ex- orci.se the office of President of the United States. The Senate shall have the sole power to try all impeachments. When sittitig for the purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside ; and no person shall be convicted without the concur- rence of two-thirds of the members present. Judgment, in all cases of imjjeachments, shall not extend far- ther than a removal from office, and disqualification to hold and en- joy any office of honor, trust, or profit, under the United States ; CONSTITUTION OF THE rNITEI) STATES. 327 but the party convictod shall, iievertholess, be liable and subject to indictment, trial, judj^ment and punishment according to law. Sec. 4. — The tiinca, places, and manner of holding elections for Senators and Representatives shall bo j^rescribed in each State by the Legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators. • The Congress shall assemble at least once in every year ; and such meeting shall be on the first Monday in December, unless they shall by law appoint a difterent day. Sec. 5. — Each House shall be judge of the elections, retuins, and qualifications of its own members ; and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may 1)0 authorized to compel the attendance of absent members, in such manner and under such penalties, as each house may jirovide. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two thirds, expel a member. Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in their judgment, require secrecy ; and the yeas and nays of the members of either House, on any (question, shall, at the desire^of one-fifth of those present, be entered on the journal. Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. Sec. 6. — The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall, in all cases, except treason, felony, and the breach of the peace, be privileged from arrest, during their attendance at the session of their respec- tive houses, and in going to and returning from the same ; and for any speech or debate in either house, they shall not be questioned in any other place No Senator or Representative shall, during the time for which he Avas elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emolu- ments whereof shall have been increased, during such time ; and no person holding any office under the United States, shall be a mem- ber of either house during his continuance in office. Sec. 7. — All bills for raising reveime shall originate in the House of Representatives : but the Senate may propose or concur with amendments as on other bills. Every bill, which shall have passed the house of representatives and the senate, shall, before it becomes a law, be presented to the President of the United States ; If he approves he shall sign it ; but if not, he shall return it with his objections to the house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such 328 READY RRPKRENrE MANUAL. recoUHideriitioii, twotliirds of that liouHe Hhall a^ron to i)a8H the bill, it slmll bcHoiit, tofj^otlior with tho objostioiiH, to the other house, by whinh it nhall likowiwe be recoiiHiileicd ; and if approved by two- thirds of that house, it shall beeoiiie law. But in all such cases, the votes of both houses shall be detorniiiied by yeas and nays; and the names of the persons voting for and uj^^ainst the bill shall be entered on the journal of each hoiisft re8]iectively. If any bill shall not bo returned by tho President withi.'i ten days (Sundays exce))trd) after it shall have been presented to liini, the same shall be a law in like manner as if he had signed it, unless the Congress, by their ad- jouriunont, prevent i< returu ; in which ease it shall not be law. Every order, resolution, or vote, to which the concurrence of the 'Jenate and House of Re|)resentatives may be necessary (excejit on a (juestion of adjournment) shall be presented to the President of tho United States ; and, before the sanu* shall take eft'ect, shall be a])proved by him, or being disapproved by him shall be repassed by two thirds of the Senate and House of Representatives, accord- ing to the rules and limitations prescribed in the case of a bill. Sec. 8. — The Congress shall have the power: — To pay and collect taxes, imj)osts, and excises : to pay the debts, and provide for the common defence and general w(Ofare of the United States : but all duties, imjjosts, and excises shall be uni- form throughout the United States. To borrow money on the credit of the United States. To regulate commerce with foreign nations, ajid among the several states, and with the Indian tribes. To establish a unil'orm rule of naturalization, and uniform laws on the subject of l)ankruptcies. throughout the United States. To coin money, regulate the value thereof, and of foreign coin, and tix the standard of weights and measures. To provide for the; ])uiiishment of counterfeiting the securities and current coin of the United States. To establish postoffices and post roads. To promote the progress of science and useful arts by secur- ing, for limited times, to authors and inventor.s, tho exclusive right to their respective writings and discoveries To constitute tribwnals inferior to the Supreme C'ourt. To define and punish piracies and felonies committed on the high seas, and ofTences against the law of nations. To declare war, grant letters of marque and reprisal, and make rules concerning captures on laud and water. To raise and support armies ; but no appro])riation of money to that use shall be for a longer period than two yf^ars. To provide and maintain a navy. To make rules for th<' governtnent and regulation of the land and naval forces. To provide for calling forth militia to execute the laws of the Union, suppress insurrections, and repel invasions. To provide for organizing, arming, and disciplining the militia, and for governing suc^h parts of them as may be employed in tho CONSTITUTION OF THE UNITED 8TATEH. ^2'.) Bcrvice of the United StatfH; rcHorviDg to tlio States reHixctively the iippoiiitiiieiit of tlie ofliceiH, iiid the nuthoiity of tiiiiiiiiiy; the luilitiii according to the diHcii>hiie preHciihed by ('oiif^resH. To exerciHC exclu»iv troops or slii]iH of war in tinio of pfaco, «'nl«a" into any agrconiont or compact with any other Stato or with a foreij^u pow«!r, or cngajje in war, unleHs actually invadc-il, or in Huch imminent dan{,'cr ns will not atlmit of delay. AUTICI.E II. Skc. 1. — The executive power filiall l)e vested in a President of tlu) United States of America, lie shall hold his oOice diirinj^ the term of four years, and, tot,'owers and duties of the said otHce, the same shall devolve ou the Vice-President. And the Congress may by law i)rovide for the case of removal, death, resignation, or inability, both of the President and Vice President, declaring what otiicer shall then act as president ; and such officer shall act accordingly, until the disability be lemoved or a i)resident shall be elected. The President shall at stated times, receive for his services a compensation which shall neither be increased nor diminished dur- ing the period for which he shall have bt'im elected ; and he shall not receive, withiii that period, atiy other emolument from the United States or auy of them. Before he can eater on the esecutiou of his office, he shall take the following oath or atlirniatiou : '■I dosoh'j»»lif smear {or ajfirn)) tJidt I inillfdithfidly execute the ojfice of J'renideiit of the JJitUeAl Staten^ and icill, to thi} hest of fuy ahilit]!, jtreserve, protect, and defend the (Jo>isfit>ttion of t/ie United /States,'^ Sec. 2. — The President shall be commanderiu-chief of the CONHTITUTION OP TIIK UNITKD STATES. 881 aruiy and navy ot tlio Unitfcil Statt-h, and of llio militia of tbo Hovoral States, wlicii calUxl into aclinil H«'iviit' of tho United StatcH; ln) may iiujuiro i\w tutinion in wrilinj,' of the principal ollicer iu oacli of the executive depiirtments, upon any snltject relatiiif^' to the duties of their renpectivt! olHceH. and he shall have power to {,Mant reprieves nnd pardons for olVeucob against the United States, except in cases of impeachment. fleshiill have power, by and with the advice and consent of the Senate, to make lieaties, j)rovidect, for the sam(> oft'cnce, to be twice put in jeopareu previously ascertained by law, ami to be informed of the nature and cause of the accusation ; to be con- fronted with the witnesses in his favor ; and to have the assistance of counsel for his defence. Art. VII. — In suits at conmion law, where the value in eontio- versy shall exceed twenty dollars, the right of trial by jui-y shall be preserved: and no fa(;t tried by jury shall be otheiwise re examined in any other court of the United States, than according to the rules of the conuHon law. Art. VIII. — Excessive bail shall not be rec^uired, nor excessive fines imposed nor cruel and unusual punishments inllicted. Art. IX. — The enumeration in the constitution of certain rights shall not be construed to deny or disparage others retained by the people. Art. X. — The powers not delegated to the United States by the constitution, nor prohibited by it to the States, arc reserved to the States respectively, or to the people. Art. XI. — The judicial ])Ower of the United States shall not be construed to e: "^end to any law suit or equity, commenced or pro- secuted against one of the United States, by citizens of another state, or by citizens or subjects of any foreign state. AMENDMENTS TO THE CONSTITUTION. 3155 AuT. XII. Sec 1. — ^The electors shall meet in«their respective States aucl vote by ballot for President and Vice-Presieeut, oue of whom at least, shall not be an inhabitant of the same State with themselves ; they shall name in their ballots, the person voted for as president, and in distinct ballots the person voted for as vice- president ; and they shall make distinct lists of all persons voted for as president and of all persons voted for as vice president, and of the number of votes for each, which list they shall sign and certify, and transmit sealed to the seat of government of the United States directed to the President of the Senate ; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall the i bo counted ; the person having the greatest number of votes for president shall be president, if such number be a majority of the whole number C'f electors appointed ; and if no person have such majority then from the persons having tiie highest tiumbers, not exceeding three, , on the list voted for as President, the House of Representatives shall choose immediately, by ballot, the President. Put in choosing the President, the vote shall be taken by States, the representation from each State having one vote ; a (piorum for this purpose shall consist of a member or members from two thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice president shall act as President as in the case of death, or other constitutional debility of the president. The person having the greatest number of votes as Vice- president shall be the vice president, if such number be a majority of the whole number of the electors nppointeil : and if no jierson have a majority then from the two highest numbers on the list the Senate shall choose the Vice-president; a quorum for the purpose shall consist of two thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no Dcrsoii cntistitutionally inelligible to 'he oHice of Pres- ident shall be eligible to that of \'i('c-i)resident of the I'nited States. Art. XIII. Si;c. 1. — Neither slavery, noi' involuntary servitude except as punishment for crime, whereof tlie party shall have been duly convicted, shall exist within the Ignited States, or any place subject to their jurisdiction. Sec. 2. — Congress shall have power to enforce this Article by appropriate legislation. AuT. XIV. Sec. 1 — All persons bom or naturalized in the United States, and subject to the jurisdiction theicof, are citizens of the United States and of the State wherein they reside. N'o iStatc s/utll tnake or oiforce any low H'hich shall abridge the privileges or ini- ■niuiiitiea of citizens of the Vtiited States ; nor shall any State de- prioe any pers'>n of life, liberty or ^^roperty v^ithoiit d>ie process of law ; nor deny to any person within its Jurisdiction the equal 2^ro- tection of the laws. Sec. 2. — Representatives shall be apportioned among the several 336 READY UEFERENCE MANUAL. States iiccoi'diifg to tlieir reBpective miiiibeiH, couiitiiifj tlio whole luniiber of persons in each Slate, exckuliiiff Indians not taxed ; but when the iij»ht to vote at any election for choice of electors forl'rcs ideiit and \"ice president of the United States, Representatives in Congress, the executive and judicial ofTicers of a State, or tlie mem- bers of the legislature thereof, is denied to any of the male inhabit- ants of such State, being twenty one years of age, and citizens of the United States, or in any way abridged, except for particijiation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion of the number of such male citizens twenty one yeais of age in such State. Skc. 3. — No person shall he Senator or Representative in Con- gress, or elector of President and Vice-president or hold any otH(re, civil or military, under the United States or under any State, who, having previously taken an oatli as a member of Congress, or as an ofiicer of the United States, or as a member of any legislature, or as an executive or judicial ofiicer of any State, to support the (!on- stitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But C-ongress may, by a vote of two-thirds of each house remove such disability. Hkc. 4. — The validity of the public debt of the United States, authorized by law, including debts incurred for payments of pensions and bounties for service in suppressing insurrection or rebellion, shall not be (juestioned. Bat neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insur- rection or rebellion against the United States, or any claim for loss or emancipation of any slave; but all such debts, obligations, and claims shall be held illegal and void. Skc. 5. — The Congress shall have power to enforce, by appro- priate legislation, the provisions of this Article. Art. XV. Sec. 1. — The right of citizens of the United States to vote shall not be denied or abridged by the United States or any slate on account of race, color or previous condition of servitude. Skc. 2. — The congress shall have power to enforce this Article by appropriate legislation. PART II.— CHAP. VIII. TUK MAGNA CllAUTA, TUK OHIGIN OF CIVILIZED LIEKKTIES SIUNEU UV KINU JOHN OF ENGLAND. Tlie ofigin of civilized liberties may be saiil to have boeu giveu to the wodd under the Magna Charta. It is in constitutional sense a guarantee to the people in perpetuity the enjoyment of these rights and liberties. While in form it was originally only a gift of tlieso rights and liberties by the king, and subject to his prerogative. But in substance and fact it become the guaranty of the Anglo Saxon institutions and usages favorable to liberty which had been almost suppressed by the Norman conquerors. The nobles found that these usages or the principles involved in them, were all they wanted to seisure these rights ; and by demanding them only, they secured such co operation on the part of the clergy and the cities. The principal provisions of the charter were determined upon and ratilied in a preliminary instrument by the King ; and then ho mot the deputies of his nobles, and some of his clergy at Runnymodo, where, on June 15, 1215, the charter was executed. It bears the seal of the king, and of a large number of nobles: many C02)ie8 were made out at once. Two of these originals, for all may be called so, are still preserved in tbo Cottoniau Library in the British museum. In the subsequent reigns, Magna Charta was repeatedly confirmed. While it was originally, as before stated, intended, mainly for the nobles and landlords of England, and that subject to the king's pleasure, but as right will conquer, it was broad enough to grant those rights and liberties to all men in the realm. Its force was never lost by disuse, and its princijjles never forgotten. It con- firmed the liberties of the church, and released the grievances in- cidental to feudal tenures which were both oppressive and despotic. It restrained the royal prerogative of purveyance and lire einptiou. It prohibited unlawful amercements, distresses, or punishments. It regulated forfeiture of lands and prevented the grant of exclusive fisheries, or of new bridges injurious to a neigh- borhood. It established, or founded, the right of the owner of ]iersonal i:>roperty to dispose of it by will, and it put the law of dower on the footing it has since occupied. It protected merchants, retpiired uniformity of weights and measures and forbade alienation of lands in mortmain. It guarded against delays and denials of justice, and brought trial o* issues within reach of all freemen by means of assizes and circuits. It asserted and confirmed certain liberties of the city of London, and all other cities, boroughs and towns, and parts of the kingdom. It protected every freeman from loss of life, liberty and property, except by the judgment of his peei's or the law of the land, and by it the king promised that, *' we will sell to no man., we will not deny or delay to any inan, ric/Jit or jnsticey This charter is often appealed to in every civilized country in the world ; and its principles are embodied, in some form, in every constitution in the civilized nations of the world. TEMPLE OF A CENTURY'S GROWTH. PART III— CHAP. VIII. BIOGItAPIIIES OF ALL THE PHE3IDENT8 OF THE UNITED HTATES FROM \VASllIN(iTON TO UKNEHAL HAKUISON — 1789 TO 1889 — 100 VEAUS. GEORGE WASHINGTON, The First President of the United States, 1789 to 1796. Ho was born at Mount Vernon, Dec. 14, 1732 ; was of Eu^flish parentage, a farmer, phinter and surveyor by occupation ; he was elec- ted delegate to the Continental Congress in 1774, and early the next year chosen commander- in-chief of the revolutiouar}' armies. His first attack was at Boston, in March, 1776, where he made the British evacuate ; he next met disaster at Long Island aud Fort Washington, but regained by victories at Trenton and Princeton ; checkmated by several unforseeu reverses, among them Brandy wine and German town; and the inclemencies of a winter ; but the ojiening leaves of the spring of 1778, he won Monmouth ; after two years of skirmish- ing warfare the crowning victory was gained by Lafayette returning from Arnold's attack at Virginia and joining him at the battle of Yoiktown in 1781. After this he retired upon his farm and did not appear again in public life until he was appointed to go to Phila- delphia in 1787, where the Constitution of the United States was framed. Afterwards he was chosen by a unanimous vote of the electoral college; as the first president, and was inaugurated on the 6th day of April, 1789. He was elected for a second term in 1792, and at the close of that term, in 1796, he sent his fart^vell address to Congress, and on the expiration of his term retired from public life. He married Mrs. Martha Custis, a wealthy widow, in 1759, but never had a child born to them. He was nearly as tall as his illustrious counterpart, Abraham Lincoln, being 6 feet 2 inches. Of all the memories and mottoes of tongue and actions, his parabolical sayings, and wise far seeing attainments, embodif d and perpetuated in the thousand of ways in this, his country, nothing can recall so forcibly to our mind as the heirlooms and surroundings in his old headcjuarters at Newburgh, New York. History and observation is there in common reality blended into a most profoundly interesting study. A man of no special brilliancy, but of sterling honesty in nature's noblest and humblest greatness. He died by catching a severe cold at his farm in Mount Vernon, Dec. 14, 1799. JOHN ADAMS. Second President, 1797 to 1801. Born October 19, 1735, in that part of the town of Brain- tree, Mass., which is now Quincy, and died there, July 4, 1826. 340 HEADY REFERENCE MANUAL. He was the son of a faniior, aud tlio grcat-graiulHoii of Heury Ad- ams, who oini<,'rato(l from Eiiffland ahont KMO. Ho gratluated at Harvard College iu 1755, was admitted to the bai', and ac(iuir(!d an extensive practice. He was prominent iu the discussions of the "Stamp Act" and other public (juestions. xV scries of articles which he contributed to the "Boston Gazette" were published as au "Es- say on the Canon and Feudal Law." In 1770, having removed to Boston, he was chosen a representative to t^o general court, wlu^re he became a leader of the patriotic party. From 1774 to 1777 he was one of the most prominent members of the Continental Con- gress, aud for eighteen months was president of the board of war and ordnance ostablislied in 177(5. After the close of the Congress in 1774, he was chosen by the town of Braiutree to the Provincial Congress then iu session. He was appointed commissioner to Prance in 1777, and went to Paris in 1778, but soon returned and took a leading part in the formation of a State constitution for Massachu- setts, in 1779.as minister to treat with Great Britain concerning peace and commerce, he sailed for Prance,but was prevented by Vergennes, the French minister of foreign affairs, from making to Great Brit- ain any communications of his powers. Two years later Vergennes obtained from Congress the recall of Mr. Adams's power to negoti- ate a treaty of commerce, and the conj unction of several colleagues with him to treat for peace. In 1780 Mr. Adams went to Holland, was authorized to negotiate a Dutch loan, and was soon afterwards appointed minister to that country. In 1782 he returned to Paris, and with Franklin, Jay aud Laurens,nogotiated a preliminary treaty of peace with Great Britain. Ho was soon after appointed a com- missioner, jointly with Franklin and Jay. to negotiate a treaty of commerce with Great Britain, and subsecpTently with Franklin and Jefferson to form treaties with other foreign powers. From May, 1785, to the spring of 1788, he was minister to England, during which time he published his " Defence of the American Constitu- tion." He was chosen Vice-President of the United States in 1789, and re elected iu 17!)2. As president of the Senate he supj)orted the administration of Washington by numerous casting votes. In 1796 he was elected President by the Federalists by three electoral votes over Jefferson. He was again the Federal candidate in 1800, but was defeated by Jefferson. Upon the expiration of his term he re tired from ])ublic life. — See "Life and Works of John Adams," by Charles Francis Adams. THOMAS JEFFERSON. ' Third President, 1801 to 1809. He was boru at Albermarle, Virginia, April 2, 1843; was a lawyer by profession. Ho published the germ of the Declaration of Inde- pendence iu 1775, entitled: "A Summary View of the Rights of British America." He was a member of the Continental Congress, and was chairman of the committee that drew up the Declaration lilOOUAl'IIIES OF THE I'REHIDENTH. " 341 of Intlepeiideiice, and it wuh he who drafted it. Jeftbrsou introduced the bills known as the repeal of eutailH, abolition of primogeniture, and establiBlmieiit of religious freedom. He was elected governor of Virginia in 177i), and Vi(!o-President in 171)0. In 1800 ho was the llepublican candidate for President, along with IJurr. (At this pe- riod the constitution did not jirovide that the nominations for presi- dent and vice-president to be separate, but it was left to the elec- toral college to choose; since then. Article 12, Sec. 1, amends the constitution, requiring separate nominations by the people.) The vote in the electoral college resulted in a tie, and it was left to the House of Ilepresentatives to elect the President and Vice-President, which, after weeks of struggles, Jefferson was declared elected on th(! JJGth ballot. In 1804 he was I'e-elected President, along with Clinton as Vice President. At the expiration of his second term he abandoned political life, and devoted the remainder of his days to the advancement of education. He founded the University of Vir- ginia, and upon his grave-stone is inscribed as follows: "The father of the University' of Virginia." Of the first three presidents, Jeller- sou had perhaps the most whole-souled personality. Washington's dignity was an admiration in his character, but its commonness was too remote to gather into genial acraise of good, useful men, be led to believe that any man will bear this encomium, while such men as Washington, Adams and Jefferson were patterned in all that was exalted, noble and good for mankind, and their country especially. JefVersou died a few hours before John Adams, at Mouticello, July 4, 182(5. JAMES MADISON. Fourth President, 1809 to 1817. Madison was born at King George, Virginia. March 10, 1751, He was of the old Virginia planter stock ; physically vigorous ; morally intellectual, and naturally relined, gracious and hospitable. Unlike many of his successors and indeed his predecessors, sur- rounded by excellent early advantages in education, which com- bined with an ever ambitious taste for literary pursuits, made him one of the most prolidc writers among the presidents. He was a graduate of Princeton College with high honors in 1771. After graduating, he commenced the study of law. In 1770 he was elected a member of the Virginia convention, and procured the pas- sage of the substance of an amendment to the declaration of rights by George Mason, which struck out the old term toleration, and inserted a broader exposition of religious rights. In the same year he was a member of the general assembly, but lost his election in 1777, because he refused to provide election funds for buying whiskey. In 1780 he was elected to the Continental Congress, he 342 HEADY IIEPKIIENCE MANUAL. not being thirty yeiiiH of ago nt this time. In 1784 he withdrew from the National Legiahiture to devote his iiiilujinceH towards tlie h'giHluture of his native state ; after uphill tights ho had many of tiio medieval laws of unjiistaess and hardness repealed, and sultsti- tiited th(!refor liberal ones apace with ('ivilizati(jn. Abont this time Lis great paper " Memorial and Remonstrance'' appeared, which opposjid the taxing of the people for religious purposes, or in other words, it divorced the laws of State and Church. In ISOl he was appointed Secretary of State in Jellerson's cabinet and atited in tiiat department until the dose of Jeli'erson's administration in 1809. In ISOH he was nominated and ehicted president by receiv- ing 122 of the 175 electoral votes. In the dilUculty with Great Britain, he advocated a i)acitic policy, but reluctantly actpiiesced in declaring war. On March 4, 1813, he entered upcm a second ternj. In 181G he signed the bill for the incorporation of a national bank, although he had previously vetoed a similar one. After the ter- mination of his term, he retired into Virginia, and actc^d as visitor and rector of the University of Virginia, and in 1829, sat in the state convention to revise the old constitution. He died at his home in Montpelier, near Orange Court House, Virginia, .lune 28, 181}(). Congress purchased from his widow his uianuscripts for !i!30,000. JAMES MONROE. Fifth President, 1817 to 1825. James Monroe came from the same play grounds at the mouth of Monroe's creek, where it empties into the Potomac, as George. AVashington. On the banks of this historical river he was born, April 28. 1758. His parents were of the cavalier stock that served under Robert Bruce of Scotland. He was educated at William C!ollege, which he left in 1776 to enter the army as a cadet. As aide-de cam}) to Lord Sterling, with the rank of major, ho served in the campaigns of 1777 and 1778, distinguished himself in the bat- tles of Brandywine, Germantown and Monmouth. He afterwards studied law in Thomas Jefl'erson's office. In 1782 he was elected to the assembly of Virginia, and was appointed a member of the ex- ecutive council. In 1783 he was chosen a delegate to Congiess for three years. He advocated an extension of the powers of Congress, and in 1785 moved to invest that body with authority to regulate trade between States. This led to the Convention at Annapolis, and the subsequent adoption of the federal constitution. In 1787, he was re elected to the General Assembly, and in 1788, was chosen a delegate to the Virginia Convention to decide upon the adoption of the federal constitution, which he opposed. In 1790 he was chosen to the United State Senate, where he became a ])romiuent representative of the anti federal ])arfy. In 1794 he went as minis- ter to l<''ranoe, but was recalled in 1796, under an informal censure. In 1798 he published a "View of the conduct of the Executive in the Foreign Afl'airs of the United States." He was Governor of iJfoer of the Virginia Convention to revise the old constitution, and was chosen to preside over the deliberations of that bt)dy ; but was compelled by ill-health to resign his post in the convention. About this time he was atllicted with the death of his beloved wife, and to add to his ber( avment more i)ain and bitter- ness, he through financial troubles, was obliged to ]iart with Oak Lodge, his old home. Lafayette, learning of his old friends pecu- niary trials, generously ofl'ered him assistance, but the manly sjiirit of the old Virginian could Tiot accept it. He icmoved to New York to his dauglit<;i'H home, wheic he died. July I. 18.'51,just live years from the day that John Adams and Thomas Jeilerson died. JOHN QUINCY ADAMS. Sixth Presi.lcnt 1825 (o 1820. The eldest son of I'resident John Adams, born July 11, 1707, at (^uincy. Mass. He sjicnt much of his boyhood days id)ioad, tiav- eliug and going to school, in Fiance. Holland and Fiiigland where he acquired a good classical education. He was a lawyer by pro- fession ; he at one time held a I'rofessorsliip in Harvard College. He was appointed United States minister to the Netherlands during 844 READT REFERENCE MANUAL. WuHhiiigton's prfHidoucry, ftinl during Ijih futher'H term lie waw Hciit aH uiiiiiHtcr to (lennauy. In IHOU he was olerteil I'liited HtiitoH Soniitor, lis u IVdrralist, but owing to liiH inability to haiiuoiiizo witli .JflVfiHon'M cnibiirgo, he icHigned in IKUH. In ISO!) lio wiih ap poiuti'd luiniHtcr to HuHsia. In 1815 whh sent aH ininibtcr to llng- hiud, but wfiH HubHe(|uoiitiy lecalhul in 1H18, on the election of JNIonioe UH jucsidt lit, uiid ic'<"<'ived the portfolio of Sccictary of Stale iu that administration. In 1S2'1 h« whh tho uoujineo of the Coaii- tiouiat party for president al)i)r^ with Jackhou, Cruwfoid and ("lay. . The election went to the house of representatives (as the electoial college gave no one of the four a majority,) where Adnnis, through the iuHuenco of Clay, received the votes of 13 state;-', and was elected, and John C. Calhoun being elected vice preKJdent. On the expiia tion of his term, in 1829, Mr. Adams retired to his home in Quincy, Mass. He was soon after elected to congress, where he took his seat in 18;U,and continued in office for 17 years, distinguiHliing him- self especially by his advocacy of " the right of petition" in connec- tion with the slavery agitation. A remarkable fact of this scholarly statesman was, that when a mere lad, he commenced to keep a diary, Avhich forms a vivid portraiture of the man and his times; its nu- merous sigtiificant entries that he was watching tiio world and the world's ways and fashioning himself to the best possible sphere in its realm ; near the close of his life this remarkable, yet pitiful entery, was made: '* Physical disability must soon put a stoj) to this diary.'' The last words in his diary were written to his sou, Charles Adams, January 1, 1818, and the ring of the good njan is as clear as all his j)aHt career : " A stout heart, a clear conscience, and never despair." On the 21st of February, 1818 he was attacked with paralysis, in the house of representatives, was taken to the speaker's chamber, and died two days afterwards. ANDREW JACKSON. Seventh President, 1829 to 1837. Andrew Jackson was born in Washaw, North Carolina, March 15, 17(17. His parents emigrated from Ireland in 17G5. . At an early age he took arms against the British, and was captured in 1781 and imprisoned at Camden. He studied law and graduated before he was 20 years of age, and in 1788 was appointed solicitor or public prosecutor of the western district of N. C, embracing what is now the State of Tennessee : and when the same w as formed into a territory, he was elected district attorney. He was one of the delegates to the convention at Knoxville in January 11th, 1796, to draft the constitution for the Stale of Tennessee ; and in that same year was chosen to rejireseut the new state in U. S. Congress. He belonged to the republican (afterwards the democratic party), then forming under the leadership of Thomas JefYerson. lie entered the U. S. Senate in 1707, resigned the next year, and was appointed a justice of the Supreme (^ourt of Tennessee. He resigned his judicial ottice in 1804, and engaged in agriculture. In 1800 he killed nionnAi'niFR OF tj?f, rnFsiDENTs. Ilin C'liarlt'S nickiiisuii in a duel, ami was IiimscH' severely \Mniiiiir). Ife was also sent in (■oinnianil of the troops that were sent to defend the attack of the Kni,dish ill the southwest. Jackson's Itrilliant success is too lenLjthy to even <,'ive a mere ahstract throutfhoiit in this I.oiiisiana caiii- paif,'ii. In islG he was aujaiii calkMl into service against the uprising of th(> Seminoles, and it was here that Jackson captured Arliiithiiot a Scotchman, for conspiring to excite war against the peace cd" the n. S., and had him court-inartiallcd and executed ; this |irocee(l- ing (M'cated a sensation, and caused irritation in Knglaiid. Monroe's cahiiietwas divided on the sultject, and vehement dehates arose, and Jackson's conduct was thought to he uncalii'd for, especially at that tinu! when the relations with Kngland were gradually hecoming more neighhorly and agreeahle. In IH-Jt he was a candidate for president, and received 0!) electoral votes from the democratitr party, hut as the house ele(;ted John (^uincy Adams, he was di-featcd, not hy the jieopic, hut by the representatives. The result of Adam's election was that a constant political camjiaign was kept up iluriiig the whole of INIr. Adam's term and resulted in Jackson's election to the jircsidency in IHl".). The contest wao one of the most unmerito- rious and unfair that over existed since the Iiidepemleiice of the U. S. Aastor Dr. Edgar, one day, " Doctor, wiiat wdl posterity blame me mosr for?" The Do(;tor''s answer was, ^fr. .Jackson I think they will blame you for proscribing people for o])inion's sake." Jle died .Iiine the 8th, 1845. As men di-i|)uted fiercely over his acts and aims while he was "Old Hickory, " men adori'd him even then wliili' others hated with oceans of hate; so it is now over his memory, an irreconcilalde history. But to be just, we must say he was mortal, and ))ossibly upon the whole, unfortunate. In a iiis field warfare his powerful foes, were but a straw t(* Webster, Calhoun and Clay. 'I'hey were historical Men-of-War. MARTIN VAN BUREN. Eighth President, 18:?7 to 1841. iMartiu Van Buren was born at Kinderhook, New York, Dec. B, 1782. He received at Kinderhook the best available common school education, and at the age of 14 entered ujjon the study of law; lie graduated iu 1802, and during the next year opened an oflice in his native town. His early political gleanings were all Jeffersonian, as he was the idol of the Democratic party. After six years of law practice in Jvinderhook, he removed to the town of Hudson. In this shii'e town of his count}', he developed into a larger professional field, and matched for seven yeais the gems of the profession, and won a wide legal reputation. In 181.5 he was elected Attorney- Clencral of New York, and from that time for 20 3'ears lie was thci recognized leader of the Democratic party iu the '' Empire " Stale. In 1821 he war. elected United States Senator. In 182l) lie was appointed Secretary of State in Jackson's adminis- tration. In 1831 he was appointed minister to England, but the Senate refused to ratify his nomination. In 18152 h(> was elected Vice-President, along with Jackson as President. In 18157 he was elected President, and during that year the whole country shook under a liuancial crisis, by the banks universally suspending specie pavnients. The President called an extraordinary session of Con- gress, and in his message advocated the adoption of tlie "Inde- pendent Treasury System," which was rejected, l)ut subscMjueiitly unanimously adopted by Congress. In 1840 he v.as again the Democratic nominee for President: he was defeated by Gen. Harrison. He smiled in his defeat with as good grace as when victory perched upon his banner, and upon the deplorable death of r.TOr.T^APHIES OF THE I'nF.STDKNTS. 347 the president, a inontli Inter, l)ore evidence of liis Li<^h appreciation of tlie country's loss l)y taking,' a very conspicnons i>art in the funeral obsec^uies of the dead president. In 1841 he accepted the nomination for president, but his alliance with the Jackson adminis- tration caused his defeat. In 1848 he was the nominee of the Free Democracy, and once more def(^ated. He was an active politician for nearly 40 years. He was foiei<^n to all his predecessors, and in fact many regai'diiis })lac(' as never since tilled, as a shrewd and saga- cious party leader. The present Governor Hill, of New York, comes as near his counterpart as any man. Yet INFr. Hill lacks in the tact that Yum Burcn dis])lay('d in reacliing his arms around the nation's democracj- and gath( ring them into tlie fold ; while he accomplishes pi<'tly near the national democracy, by nianaging New Y'ork, lu: fails in tin; outposts. He died at his beautiful home in Kinderhook, in N. Y., at the ripe age of eighty, July 24, 1802. WILLIAM HENRY HARRISON, Ninth President, March 4, 1841, to April 4th, 1841. General William H. Harrison was born a subject of King George III, at Berkly, Virginia, Fel). '■), 17715. He was brought up amiil tlie best mo: al associations ; was sent to the best schools of thetime and ])lac<\ and laierenteied Hampden. Sidney ('ollege, from which he graduated with honor. At th<' early age of 19 he enlisted under General Wayne. In 1795 ho was promoted from a private to a captaincy, and deputed to a station at Fort Wasliiiigton (the present site of Cincinnati, Ohio). In 1801, lie was appointed governor of the Territoiy of Indiana (comprising what now consti- tutes the great states of Indiana, Illinois. Michigan and Wisconsin). H(! was sent in command of a regiment to Fort Tippecanoe, in 1811, to fight the warwhooji redskins, who were both madly wild and savagely triaclierous ; but he soon quelled these "bui'iiing, scalj)ing. stealing, phuidering desperadoes, with the assistance of his admirabh- volunteers ; and from this i\\e nick name, ' Tijipecanoe Harrison.'" He was elected senator of Ohio in 1824. In 1828, under the appointment of (Juincy A(hims, he was sent to Columbia as minister, and u])on Jacksun's election, in 1829, was lecalled. In 18;5(] he opposed Vv. "\'an Huren for President, but was defeated. In 1840 he again contested the presidency as the re])ublican can- didate, and if the American continent had been sinking into the bowels of the earth, tunuilt, vclienuuice. passion, song, parades and emblems could not be brought nioro into appeals of distress, than this new blooded I'epublican party had adopted to secure the eleclion, to defeat the party that for twelve years controlled the mastery of the White House. It Avas achieved, yes, " Tip])ecanoe and Tyler too." But, alas! I with what unforseen events? That man proposes but a Supreme Power disposers. His haTid had Imrely giasped the helm, when it was weakened by ^ineunioniii, and one month later relaxed bj' death, April 4, 1841. What can be learned of the man, .3 IS IlKADY REFERENCE MANUAL. bears abundfint ovidenoo that his administration woiihl have been the accomplishment of more patriotism and less partisanisni than at the time marked the policy of the former ^'overnment. JOHN TYLER. Tenth President, 1841 to 1815. Born in Virfjfinia in 171)0. Was a lawyer by profession. Elected United States Senator 1S"J7. He was a free trader. 1830 he waf< the \\h\ff candidate for Vice-president, but was defeated. In 1810 he was elected Vice-president, and on tlie death of (Jen. Harrison he became President. He, to the astonishment of the Republicans, confirmed Gen. Harrison's cabinet, and reconciled L s Whig friends by an inaugural address. He expeiienced much opposition by his veto of the "Fiscal IJaidc of tliorn in Noi'th Carolina, Nov. 2, 1705. A lawyer by profession. He was elected to ('ongress in 1825 : chosen speakei- in the House of Congress 1835 ; elected (Jovernor of Tennessee in 1840. In 1844 he was nominated as Democratic, candidate for Pr(!sident, and elected by 170 electorial votes. During his administiation the chief events were: — the ^^fexican war; adjustment of the bouiidary of Oregon from latifinle 54 to 40. The adoption of the low taritV of 1845: amendmcmts to the " Independent Treasury System" passed by his Democratic predecessor. Van Buren, by which tlie revenues wer(^ collected in specie without the ])Mnks ; the creation of the Cabinet Departinent of the Interior : and the admission of Wiscon- sin into the Union. He died June 1.5, 1840. in iiis 55th year. ZAOHARY TAYLOR. Twelfth President, March 4th, 1840, to July 9th, 1850. Born in Virginia, 1784. He entered the army at an early age and attained for his proliciencj a Captaincy in 1810, and two years 15100 KAnilES OF TUL I'KESIDENTS. 341) later wiis stationetl at Fort Harrison to ilofoat an u prising of the Iiuliaiis wliicb was very successrully accoiiiplisiuMl, and lie received the honor of being promoted to the rank of l.revet Major. ( The lirst that ever was granted to a sohlier in the United States service.) After many minor services in military cngagcmeuts, he was ap- jiointed Conjmander-in fJhief, in Fhuida. in IS-I/) ho was created General, and put in command of IjUOd men to defend the Texan boundary against the invasion of Arista w ith (J,UOO troops. He after considerable lighting, drove back the Mexicans. He again in the same year with (5,000 men encountered ^Monterey with 10,000 men and successfully made them retreat. In 1S48 he was the AVhig candidate for President, and Millard Fillmoie foi Vice-presi;Ient ; Cass and Butler were their o])ponents ; Taylor and I'illmore were elected by KJIJ to 1*27 votes. In his message lo Congress he advo- cated the admission of California, and other nujasures resi)ectiiig slavery that were discordant to his Southern adherejits. He dit^l in the White House at Washington after five days sickness with bilious f(iV(!r, and 10 months in the presidency, on July 1), 1850, in the 77th year of his age. MILLARD FILLMORE. Thirteenth President, July 9, 1850, to March ;5, 185:5. J3oru in Cayuga, N. Y., January 7, 1800. First a weaver, then school teacher and lastly a lawyer. He removed to Ikill'alo and practised law until 1828 ; he was elected to tiu^ State Legislature as the candidate of the Anti-Masonic ])arty. He was elected for two terms to Congress, and was the chief framcr of the '• J'rote<',tive 'J'ariiV" of 1842. He was an abolitionist. In 184'4 he unsuccess- fully contested the Vice-presidrucy. In 1818 he was chosen Vice- president, and on the death of President Taylor, July, lH50, he suc(!eeded to the Presidency. He signed the Fugitive Slave Hill and lost the support of his Northern friends. In 1S5G he was the c;iudidate of tlie American party, but was defecated by Bucannan. He received a j)opidar vote of 874, 5:J4, but onlv oneelectorial vote. He died at Buffalo, N. Y., INFarch 8, 1874, in his 75th year. FRANKLIN PIERCE. Fourteenth President, 185:5 lo 1857. Franklin Pierce was born in Hillsboro, New Ham])sliii-e, Nov. '2'.\, 1804. The atmosphere surrounding young Pierce was that l)road, generous and patriotic ideal of Thonias Jellerson. I'he home was amid the fields of a New England farmstead. The lads life emei'ged from such a home, no luxury, no jjoverty, but that contentful medi- um of a farm homestead, that has produced many of the truly great men. At 10, he entered the Bowdoin College ; his collegiate career was said to be that of a good student more than a very brilliant 350 HEADY KEFKUENCE MANUAL. Hcholai'. In 1824 ho gnuluatt^d, and while niakiuj,' initiativis steps to iituily law, the Hanie of a Koldier's lil'e absorbed his atteiuit'ii,aiid he espoused the soldier's j^Mi'b ; but in after year;, he again took up the law profession and j,aaduated. He niauy times told how ho lost his lirst ease in court, with a seeming humor ,hat showed how hia retrospei'tious amused him. In ISI^I he was el n-ted to the State Legislature!. In 18157 he was elected to the Htate Senate. In IH'A'ii elected to U. S. Congress — the youngest member of the U. S. Con- gress since or before. Young l'ier(;e was a polished and liueiit speaker, and soon won the interest of the chandler. In 18;i7 he took conmjand of the regiments that went to cpiell the ^Mexican iji- vaders, and after varied, striking and brilliant engagements at ('ontreras and Cherubusco, here turned to the Capitol and was after- wards ai)pointed attorney-general in President Polk's cabinet. Shortly afterwards he was created brigadier-general, and sailed with the tro()])s from Newport, JUiode Island, again to Mexico; this was May 27, 1847. In 1850 he presided over the constitutional conven- tion of New Hampshire. In 1852 he was the Democratic nominee for Fresid(Mit of the. United States, and was elected over Gen. Whi- lield Scott by 254 electoral votes to 43 for Scott. The inqxn'taut events of his administration wer(s the dispute over the ]\Iexicau boundary, resulting by settlenKmtin the ac(piisition of Arizona; an amicable settlement of a dispute with Great Britain over the lisher- ies : the re{){>al of the Missouri compromise, and the organization of the territories of Kansas and Nebraska; the reciprocity treaty with Canada; the treaty with Jai)an. On January 24. 1S5G, President Pierce sent a njessage to Congress in whicli he ciiaracterized the free state govei'nment in Kansas as an act of rebellion, and justilied the princij)les of the Kansas Nebraska Act. In Nat. Hawthorn's skles ; " doiditlessly he was a pro-shivery Ijeliev- er, but so was William E. Gladstone. A good man must be a gt)od reformer. AVe think .Air. Pierce was at heait and head this. He died October 8, 180'.), at Concord, New Hampshire. JAMES BUCHANNAN. rifteeuth President, 1857 to ISCl. James JUichanuan lirst saw the light in that grand old common- wealth of William Penn's, Peimsylvauia. at a ])liice known by its homely n'.un(\ calhd Stony Batter, April 2:5, 1791. Buchannan's surroundings were rustic as the hills of the old vUleghanies that overshadowed his native village, with th(! gi'and exception of a very superior father jind mother. His ]jarents, to the apparent disgust of the ignorant associations, kept the boy at school, and at the age of 14 years entered him at Dickinson College His studies were marked by uncounnon application, ami he graduated at the head of the list four years afterwards. At 18 he commenced the study of law, and at 21 was adnutted to the bar. This was the year 1812, I5IOGRArHIE8 OF THE PRESIDENTS. 351 and lit that tiiuo politiciB ami suldicrs seeiiiod to caiiipose the high- c'Ht attaiiJiuents of liuowledge, aud young Buehaiiaaii, with a stroug aiubitioii and a vigorous will, wan inllamed, aud ho ouli.sti.'d as a sol- dier ; but Hubsu(|ueutly returned to the practice of his profession. He was then returned to the State Legishiture. In 1821 he was elected to Congress, a seat be retained for t(ii years. A quotation from his early speeches runs as follows: "If I know myself I am a politician neither of the East nor of the West, of the North nor of the South. I therefore shall avoid any expresions, the direct ten- dency of which nuist \h) to create sectional jealousies, and at length disunion, that worst and last of all political calamities."' In 1831 ho was iippointed minister to llussia, and was instrumental in negoti- ating tlie iirst treaty between that country and the United States. In 18.'{;5 he returned to the United States Senate, and was elected chairnian of foreign all'airs. In IS-l.') Jie was appointful Secretary of State in President Polk's Cabinet. In the Senate he always main- tained that Congiess had no right or power under the United States Constitution to legislate on slavery. At the close of President Polk's adininistiation, he retired fr(jm politics to the practice of his profession. In 1853 he again was ai)pointed minister to England. In 1856 he was nominated by the Democrats as their candidate fo'r President, and at last, the verdant lad of " Stony Batter '" received, after a life of various ups and downs, the nation's highest gift, by being elected president, over Fremont and Filmore. It was early to be seen, with all his Southern alliliations. that 3Ir. Buchaunau did not ](;nd anj- countenance towards the destruction of tluj l^niou. The chess upon the nation's board were badly mixed, and it was de- s[)aired that ho would lose the game, but critics are many times good watchers but bad thinkers. His cabinet became unmana()(); on the 10th he ))rocIaimed a blockiide of the ports in all the seceded States; on May ;?, he called out 42,000, three-years volunteers. An extra session of Congress was called to meet July 4. On ac- count of the secession of the Southern St;ites the Jiepublicans had a large majority in each house. Congress promptly passed bills authorizing the President to accept 500,000 volunteers, and the placing of a loan at the disposal of the government of $500,000,000. 354 UKADY ItEl'KJfENCK MANUAL. 'l'li(( I'rcsidi'rit li.ul siisjii'iMlcd \\\v wvh of /lahcds ■ rpim on i\f;iy ;i, iiiiiii order uddrcsst'il to tlic coiiimaiidi'r of tlii' fore -on tlic l''lori(l;i (•oust. On iIk' liTtli of llic sanu' nionlli, (l<'n, (' idwcller, licinj^ aiilliori/cd by tlio INvsident rcfiiscd to obi'3' a writ sHiu-d \>y ("liiid" .Iiistice 'rancy for tlic release of a .Maryland secessi' list iinjirisoned in Foil Mclleiiry. Tlio eliief jiistiee then read an i |iinioii that the President eoiild not sii.spend the writ, and most < it; and if I could .;) it by freeint; some and leaviuL;- others alone, 1 would also do that." However, it was not a month from the writini; this let- ter to fJreeley, his hand sit,'ned a declaration to come into effect January 1, iS(;:i, that the slaves in all the states or parts of states which should then be in rebellion, would be proclaimed fi'co. 'i'lie battle of Gettysburg, July ]-:i, 18(i:{, was the straw or the cannon that dismayed the Confetlerate troo|)S, and Lrradiially they became demoralizeil and disheartened. Concurrently with the civil war, IMexico was causin[>' troubk — the French government reciuesting the Uinted States to recoifui/e ^Nlaximillian in Mexico. The national convention at its assi'mbly, .luly s, isOt, renominated Mi". Lincoln as the Hepublican candiibite, and Andri'W Johnson for Vice-])re8i- deiit. The ])latform ap])roved "the determination of the govern- ment of the L'nited States not to coiiijiromise with rebels, nor to offer any terms of |)eace except such as may Ite based upon an un- conditional surreiicler," and recommended the complete abolition of slavery throughout the United States by constitutional amend- ment. The Democratic convention, held August '2'.), nominated Gen. McClellan for President. That party adopted the following plank in their )>latform: "That this convention does explicitly declare, as the sense of the American peo))le, that, after four years' of failure to restore the Liiiion by the experiment of war, during whicli, under tlie pretence of a military necessity, of a war jtower biglier than the coustit iition, the constitution itself lias been dis- regarded ill every part, and publii; liberty and private rights alike trodden down, ami the nmterial prosperity of tlie country essen- tially impaired, justice, humanity, liberty, and the public welfare demand tliat immediate t'fforls be made for a cessation of hostili- ties, witii a view to an ultimate convention of all the States, or other peaceable means to tlie end that at the earliest ])racticable moment, jieace may be restored on the basis of the federal union of the States." The issue thus squarely presented was maintained niOGUArillES OF THE rilKSIDKNTS. 355 tlin>u<^lu)iit tlif cHiivaHs, :iiiy the populai- vote, -J/J 1 .S,*')!!,") votes and (Jen. McCU-Ilan I, sol', 2:! 7. On February ;i, rresidciit l/incoln and Secretary Seward held a conference witii Alexander II. Stephens, U. M. Ifiinter and J. A. ("arnpltell, on a Ljunhoat in Ilanipton Jtoads, hiiL no result was reached. Mr. Lincoln, in his sect)nd-t«'rni inauu;ural address, closed with the now famous pas- sa<;i': " With malice toward none, with charity for .all, with lirm- ness in the right as (Jod ^\vus us to see tlie right, let us linish the work we aru in, to bind up tiic nation's wounds, to cure for him who shall liave l)oriio the i)attle, and for his widow and his oi'phans, to do all that may achieve and chi'rish a just and lasting peace among ourselves and with all nations." On the day after the I'vacuatiftu of Jlichmond, tlu' Presidi-nt entered it, accompanied only by his son and Admiral Porter and a few sailors. The tall man, with a sad, kindly furrowed face, w.is seen moving on foot through the streets, leading his young son by the hund. Antund him grateful colored people ])resse(i, shouting and sobbing and hailing him jis their liberator. All he could do w:is to take oil' his hat and reverently bow; he could not speak; the great soul lilled liis eyes with anguish and his tongue witii silence. 'I'hat hour was the triumjdi of the innermiin that lived within him from his first trip to New Orleans. Did he count the cost of his lifelong hanl- shi|)S as too great a price to pay for the casting off of the chains from these poor slaves? No, the work was (b)ne and Abraham Lincidn was glorified. Less than two weeks afterward, on Api'il 14, tlie tired President, at the solicitation of ]\Irs. Lincoln, attended Ford's theatre, to rest his mind from the strain it had undergone for over four year.s, accompanied by JNIrs. I/mcoln and a few friends. A few minutes past ten o'clock, an obscure actor, John Wilkes liootli, entered the box, having first barred th(^ passage leading to it, approached Lincoln from behimJ, placed a pistol close to his head, and fired; he then leaped from the front of the box upon the stage, brandishing a dagger, shouted " /Sic settiper tyraii- ?ns / The South avenged !" disappeared behind the scenes, passed out of the stage door, and escaj)ed. The President was removed to a ])rivate house on the op])()site side of the street, where he died in about ten hours afterwards. At the same hour the President was shot, Secretary Seward was attacked in his private house, and it iiecame known that an elaborate plot had been formed for mur- dering simultaneously nearly all the chief oflicers of tlie govern- ment. i'\)r tins plot eight persons were tried by a military com- mission, and four of them (including a wmnan), wer<' execiuted and the remainder sentenced to hard labor for life; one died there, tlie remaining thi'ee were ]»ardoned by the successor to liitu-oln. Presi- dent Johnson. Lincoln's remains were buried at Oak Itidge cem- etery near Sjiringtield, III., where an elaborate tomb surmounted bv a statute of hincoln, an obelisk, and four svmbolical liifures. A colossal bronze statue, erected by contributions of colored people, 350 HEADY IlEl'ERENCE MANUAL. wiis iiiivfilf(| ill I/uicolii I'iirk, WiisliiiiLftoii, in ls70. Wn cannot refrain a»ltlin<^ to tliiH Hl^itch of a man's lift.', that wi; iiavc loved with flic \vli(»!c: of civilization, tlic jilaiidit: " JjJNt's ol' ;;rc;il IIICM, all Icliiillil ll.s We ciiii iiiiikc , NiiMiiiic, And (Irpiirtinn leave lieliiml lis l''(H)l-|)riiits un the sands ol' time." ANDREW JOHNSON, Sfveiitecutli President, — April 15tli, ison, to JManli Itli, Inou. Andrew .lonlisoii, the " twisly-willed president," was born at Ilaleiifh, North Carolina, Decendier '_".), isos. His early life was that which may he called shadeil from fortniie in almost evi-ry way. I'overty and iirjihanaj^e in a dei^ree, that can well heinia^'ined when he was sixteen years of ay^e, and did not know the letters of the. Knylish alphahet. lie learned the tailors trade and at a very I'arly ;i a new frindsliip in the North. About this time his State (Tennessee) had seceded, and so violent were his old supjxirters over his llnion speeches that on liis return to Tennessee lie found the terrible jiassions and frenzy of the j)eople had been let loose. He was burnecl iIlel^igy; bis invalid wife and child di'iven out of their home as fugatives, his house sacked and burned. J>ut the iron-minded man was not to be coiwpiered in that way; he renewed his battle-cries, though every volley goaded f,hese mad people into fresh indignation; but his courageous and liFOnnAPFIIEH OF THE PRESIDENTS. 357 almost f<'arlf'f<» r-lmrarfcr, disinayod tlicso rclu'llioiis poopli' into par- tial siilMiiis.sioii, wli*-nii|ioii I'nsiilcut Lincoln a|i|M)int('i| liiin milita- ry (iovcrnor of 'rMims.st'c; lie, tliroiii^li liis iinpt'tuous ailvoiracy <»f T^niori, suc(;««'al out it; vindictive, remorsless ven- gemte his ruh- over the South, w hich was not in accord with their plan of closing; the painfid wai-. Karly in his ae impeacdu'd for hiL,di erimes and nnsdemeaiu)rs, wliieh was cairied l>y li'ti yeas, 47 nays, and 17 not votinif. The articdes of im|U':Kdiment w«'re presented to tlie Senate on March .'jth. The specrilications were Itased on the I'resident's removal of Secret.iry Stanton, Ins expres- sions in puldicr speecdu's of contempt of Cons^ress, and his hindr.ince of the execution of some of its A(!ts. The trial heijan on ^Fandi 'j:trd, and in .May the President was accpiitted; .'?."» votini^ <,'uilty and l!> not f^uilty — a two-thirds vote being re(piired to convict. On Jidy 4th, isOH, Presich-iit Johnson issued a pro(rlam;itioii of pardon to .all persons except those under indictment in the IJ. S. Courts ; and on December 'JTyth, a full ])ardon to everyone who had participa- ted in the ndx'llion. In I S7(), ufter his presicU'iitial term, he was a candiibUe in 'IVmiessee for the U. S. Senate, and was defeated by two votes. In lN7L'lie was a candidate for Congressman at lars^e, but was anjain defeated. In lH7o he was elected to the U. S. Senate. lie died wliile on a visit to hiadauLfhter at Carters Station, ,luly lUst, lH7r). I'resi(U'nt .lohnson was a very remarkable man in many thint^s; while he built up with one hand, beseemed todestroy with the other. Critics have always char<,'ed his prodigal abuse of his otlice in a \i'ry indidgeiit m;inn"r. liui'tiing him with the caustic of wrong doing only, along with his contrary and personal-sighted cabinet. Strange, indeed, that most writers believe he was at all times conscious of the opinion ho was doing right, and seemed to have rested his otherwi.se distracted hopes upon this sort of supj)o- sition. True, his mighty voice had been in tlie most perilous places, lifted up to denounce the disunion of the nation; true, he had lost all his accumulations for years, in defence of the Hag of the irnion; true, be nearly lost his own life, and that of his family, in defending and maintaining all that could be most justly accepted as the cause of right. Hut a nature that could melt almost any ])eo|)le in elo- • pience of speech from the ])latform, but one tli.at could not assimi- late with or be controlled \>y co-e(pials in a government. lb; was the orator Statesman of Presidents; while, sad to think, the most significant failure of them all. ULYSSES S. GRANT. Eighteenth President, is«9 to 1877. The subject of this sketch, Ulysses S. Grant, was born at Point Pleasant, Ohio, April 27, 1822. His father was of English descent, and i)ursucd farming combined with tanning leather for a livlihood. He was iii good circumstances, though not what Americans term rich, and contributed to the education of his family as good as was IIIOGRAI'HIEH OF THE I'RKHIDENTH. 359 within Iii« iiicjins. At tlu> nriir<;s, was compelled to evacuate hy the stormiiit,' of Grant's army, March, ISOl, he was placed in full command of the I'nion army and located his headipiarlers with the army of tiio Potomac. With 700,000 men underarms and uiiliinited jtower, it was then his marvellous skill as a military Kint; was displayed to the world, hy the attacks he made on Ricliinoiiainst Lee at iiichmond, and Gen. Sherman attains .Johnson at Atlanta. It was the hackhone of the confederate's defences, and (ieiieral Mead e.\perienced a very dithciilt task in matching' (jcii. Ijce, owiiit;^ to Ia'c's craft and tact ill maiiipiilatinjf his forces in amhiish fashion; suffice it to say in this hrief reference that these seiures were dreadful; tht^ Federalist's losses reachiiiL,' oo,00(), and the Confederate's losses ;i2,000, (this was from May :?, to June 15). 'I'his was somewhat discourai,'inif to the I'resideiit'and he communicated with Grant as to future pros- jiects, and Grant's stern reply was, " I propose to fi^ht it out on this line if it takes all summer." (Jrant tlu'ii hejjjan his seitfe of IVters- hiirirh, which ended after the victory of Five Forks in April, lf^05, when Richmond was evacuated and Lee retreated, followetl by Grant, who forced his ..irreiider at Appomattox C'ourt House, April 0. (See the " Battle of the Wilderness.") After the war Grant lixed his headquarters at WashinLfton; and on July 25, lS(5(),he was commissioned (icneral of the United States armies, a rank specially 300 READY REFERENCE MANUAL. creatcil for him. Duririf^ the suspension of Secretary Stanton by J 'resident Johnson, lie was appointed Seeretary of war ad inferhn, from Auf-'iist 12, IH(i7, to Jan. 14, l8(iS. At the re])ubliean National Convention in Chieao>i. voyac/e to him as the majestic steamship left the shores of the country that he had so indulgently and earnestly, by his bravery and wisdom de- fended and extricated from the meshes of devastation and disunion. His reception beyond the sea in that old fashioned land, reads more like a fable than facts, but that Britons honor a good soldier as no other men can, was in the noV)le General's case abundantly exenip- lilied. Monarch's, noblemen, statesnu'ii, chancellors ami bishops, whose unbending formalities time has hardened to a stilfness that is almost impregnable, cast olf their rules and the " Fn-edom of the Soldier" like the sunlight s])arkli.'d in the n>ost stately halls to honor America's greatest soldier. After his return he choose New York City as his home, and good and proud she was of her illustrious citizen; he engaged in political (U)nHicts,.but very little afterwards; he was souglit for a third term in 1880 but as held him- self, it was a ](rocei'(ling opposed to the traditions and precedents of tlu! sxovernment of the llnited States. While at Long Branch in 1884 he discovered cancerous affection in his throat; the disease made its slow but certain i)rogress until July 2:?, 188,5, when the gri'at pageant of an American soldier closed his eyes in death, amid the surroundings of his beloved family, and the sympathetic mourn- lilOOIUPHIEB OF THE PRESIDENTS. 301 ingot" a <; rate I'll I nation. His widow has iml>li.sli('(l the history of iiis life and military career, which is one of tlio most interesting works of a biographical character ever publislied in this country. RUTHfiRFORD B. HAYES. Nineteenth President, iMarcL 4, 1877 to March 4, 1881. Rutherford B. Hayes was boru in Delaware, Ohio, October 4, 1822 ; his father had died the July before he was boru ; he came from New England stock, and originally from the Green Mountain State of Vermont. His early childhood was a smooth, comfortable and prosperous one. No struggle with poverty, and no anxiety over a prep'^uderauce of wealth. He was at an early age sent to the academy at Newport, Ohio, and later he was sent to Middletowu, Connecticut, and lastly he completed his studies in Kenyon College, Ohio, where he graduated in 1842. He then entered the Harvard Law School and attended this for two years, and then finished his legal course, and is what may be termed a highly tnluca- ted lawyer. He entered upon his i^rofessional duties and having within bis ac(|uaintances many very prominent people, he soon es- tablished a very extensive practice. In the civil war lie was ap- pointed major of the Twenty-third Ohio Volunteer Infantry ; be was appointed judge-advocate and afterwards lieutenant colonel. He had a brilliant career in the battle of South Mountain, Septem- ber 14, ^"^(12, in which he receiveil a bullet wound that forced him to leav the army for a time, but as soon as he recovered he again took charge of the troops. There were other men wliose services were more prolonged and more said about, but what General Hayes did, was well done. He was afterwards promoted to the rank of lirigadier-Gejieral. He was nominated while serving his countrj in the battlefield, for Congress, and elected December 4, 18C5. In 18()7 ho was returned as Governor of Ohio, and afterwards elected again to the same position. After this he retired to his home in Fremont, Ohio, where he had settled in early manhood. In June, 184(J, to his surprise, he was nominated as the Ilepul)lican candidate at the National Convention and subse(iuently elected, although the contest as will be remembered resulted in both the Democrats and llepublicans claiming the ot1'u-e, causing considerable disturbance and anxiety in every quarter ; but at last the country settled down trancpiil and confident. He had very decided opinions on civil ser- vice reform, and he sought to promote this idea generally. The Hayes administration conducted the atl'airs wisely and well, and allayed all the bitterness of the hustings, during the election. He is along with Gi over Cleveland the oidy surviving ex-president, and it is a pleasing fact that Ex-President Hayes is, with his estimable con\panion in li.^V, spending the sunset of his days in comfort, health and happiness, in his home at Fremont, Ohio. 3G2 READY KEFERENCE MANUAL. JAMES A. GARFIELD. Tweutieth rrebideut, March 4, 1881 to July 2, 1881. James A. Garfield was boni iu a uewly rairieil log cabin iu Orauge, Ciiyalioga Coimty, Ohio, Novemlffer 1!), 1831. Hi» pareuts were of the earliest Puritan settleis of MassachuBotla ; his lather beiug of English extract and his mother of the Trench Huguenot lineage, who settled on the Isle of Guernsey at St. Peter's Port, its jiresent capital. James A. was the youngest of four children, and was only eighteen months old when his father died. It can by most people be well imagined the picture of his early surround- ings ; a backwood's home, a widowed mother with four children and no money. Mr. Garfield's first innings in life bear resemblance to that of Lincoln ; and while it may seem tiresome to point out the beginnings of many of this country's great men in this manner, it is well to imjjiess the fact that the footprints of these men will re- mind us all that the beginning of a successful life may start from auy home in the universe, rich or poor. His early education was very limited ; the district school and borrowed books comprised the de- partments of tuition open to him ; these he utilized as best ho could. His occupation consisted of working on the farm, an ap- prenticeship at carpenter work, and driving mules on the canal tows. In 184i) his ambition had a fortunate turn and he was enabled through the assistance of a benevolent clergyman to enter the Chester academy, and later, Hiram college, an institution founded by the Disciples. His college expenses a kind uncle contributed $500 towards. He entered William s college and from that he graduated and upon his return to Ohio he accepted a professorship in Hiram college, and subsequently its presidency. Concurrent w ith his duties in the college he set about studying law. Upon slavery he was the follower of Lincoln as near as thoughts can run in the one current. In 1859 he was nominated for State Senator and elected. In 18(il, he with thousands of other patiiotic men who believed they had a country to live or die for, set about organiz- ing a volunteer company, known as the "Forty-Second of Ohio." To the front they went with Col. Garfield at their head. And he met Marschall in the Big Sandy campaign at Prestonburg with victori- ous results. After this he was promoted to the rank of brigadier- general by the President. He was in the engagements of Corinth, Chickamauga and other sharp skirmishes. He then left the army and was elected to the House of llepresentatives, where he devoted seventeen long years in the interests of his country, serving them with all the forces of his intellect, and with all the devotion of his heart. The range and enumeration of his Congressional labors cannot even be recounted in the brevity of this notice in abstract ; they deal with an immense variety of interests; suffice it to say they were the burning issues of his day. General Garfield like Senator ]<]dmunds, was a political student, that improved every moment he could snatcli from other duties to accpiiring substantial knowledge ; and the result was that he become as is vulgarly BIOGRAPHIES OF THE PRESIDENTS. 3G3 known "A library on legs." What be did not know of the issues of the United States internally and externally was notwortb know- ing. In IHiSO be was at tbe Republican nomination held at Chicago nominated for President, and in November afterwards elected. Shortly after his inauguration the political situation became very trying over the appointment of Judge llobertson to the New York Custom House. Senator Conkliug and his colleague I'latt, had resigned their seats in the Senate, aiul sought by appealing to their constituents to secure by their re-election a rebuke to the ad- ministration in its (!Ourse ; but in this they were deceived, as they met with a lc(l, Scots, wliii liruce liiis olton led ; Welcome to your gory IxhI, Or to a glorious victory." CHESTER A. ARTHUR. Twenty-first President Sept. 20, 1881, to March 4, 1885. Chester A. Arthur was born at Fairfield, Vermont, October 27, 1830. He was the son of a Baptist clergyman, who in his early youth emigrated from that dear old isle beyond the sea, Erin. Chester was the lirstborn, and grew up a bright, vivacious lad, with strong domestic attachments. He had the advantages of his fathers library, and a happy loving home iulluence. At fourteen ho was sent to Union College, where his career is said to have been marked with diligent study, and royal gallantry among his associates in all their college amusements. Upon his completing his college course and graduating, he went school teaching : when he had earned a few hundred dollars in this humble sphere, he started for Gotham to study law, when he seemed to have ])lanted his natural propensities where they developed with extraordinary rapidity. His abolitionist princii.iles were vei'y strong, and his whole being se(imed to be ablaze with defending the "miiii-in-chains " upon the old phmtutions. In 1S55 he became judge-advocate of a brigade of New York militia, and afterwards insjjcctor-geueral oH the State. In 1871 he returned to Lis lucrative law practice, whereiipou he waB 3(54 READY REPERRNOE MANUAL. appointed, by Presideut Grant, Collector of the Port of New York (tlie money prcHidr^ncy of tbe United States) ; he held this appoint- ment until his nomination for the vice-presidency at Cliicago, ISSO, and was duly elecited. On the death r,[ General Garfield, September '20, ISSI, Arthur took his oath of Oilice as President of the United States, under most trying' circumstances; but, true to the tact of his liistorical race, he majestically tempered his steel to the situa- tion, though regarded with coldness and doubt by the largest wing of his own party, of which he was acutely ctmscious. The adv(as(! criticism tliat usually falls to an incoming ruler, was especi- ally annoying and o^jpressive in his case, but his inaugural was reassuring of a determination to administer his high office without f(.'ar or favor, ami to this he adhered during his term of oflice. He elevattid the honors of the ofKce of second degree to that of the highest degree of respect and admiration. After his term of otiice he returned to his vocations in New York, until his unexpected demise, November 18, 188C. GROVER CLEVELAND. Twenty-second President, March 4, 1885, to JVIarch 4, 1889. Grover Cleveland, the " Veto President,'' was born in Caldwell, New Jersey, March 18, 1837. His father was a Presbyterian clergyman, of English ancestry; his mother the daughter of a Jialtimoie merchant, who was an Irishman. Mr. Cleveland's early education was mostlj' in the common schools and the academj' at Fayetteville. Afterward the family removed to Clinton, Oneida County, New York, where Grover resumed his studies in the acad- emy. As a matter of course, a country minister was not rich, and the advantages which the eye may see are unreachable by millions without riches, and this was commonly Grover Cleveland's position. At the age of seventeen he was engaged through the influence of friends of his father as an assistant teacher in an institution for the blind, in New York City. In 1855 he abandoned this and went to live in liufl'alo, where his destiny was to keep him. He rendered assistance to his uncle in preparing a literary work, and then com- menced to study the dry history of law suits as recorded by Black- stone. In 1859 he was admitted to the bar. His early management of cases were marked with simplicity and sound logic as practical and (convincing as the fountain fron which he learned it. It may be said of Mr. Chneland that he was not a model young man, that he was not po2:)ular. that he was not bright; when prejudices and possibly jealousy are fired into the tongues of his fellowmen, but those who know his personal character best, and who have no reward to gain by polisliing over his infirmities, know naught of many ai^cusations made against him ; but they do know that he was always mattei- of-fact and never forward in vaunting what he knew or could do before the foot lights of public opinion ; they do know that his official actions in his first office of Mayor of BufTalo, in 1881, IJIOOUAPHIES OF THE rHEHIDENTS, 365 were marked by his conducting the office upon business principles, fearlessly using his prerogative in checking extravagant expend- itures. In the Democratic convention at Syracuse, N. Y.. he was nominated for Governor of the State, and duly elected by the people. In this jiosition the same matter of- fact style marked his ])urpose to serve the people faithfully, humbly and well. In 188-1 the Democratic National Convention at Chicago nominated him for their candidate. The canvass was pursued with the most sliamcful rancor, bitterness and i)ers(mal defamation. The llepublican party that carried the elections of the previous ipiarter of a century, was shaken by dissentione, partly political, and partly of a ])ers()nal character. Such men as Senator Edmunds dissenting to enthusiasm over the results, and the Democratic candidate, Grover Cleveland, was elected. His administration was haudi capped by the Senate being politi(rally in majority against his cabinet. He aimed to give the country a pure, honest government, uninfluenced by tlu! l)Ower of combines or money kings ; he sought to relievo the people from burdensome taxation, not for political pojudarity, but as the head of this great nation, weighing the future 2>i'Osperity in caliu and just executive. That he may be called opinionated and isolated, seems possible,but that his motives were the interests of this nation, are impressive facts. Among the many achievements of his regime and its consecpxent attributes, his taking the hand of Miss Frances Tolsom in marriage, will be in the history of this country, a pleasant and honored part. In June, 1888, the Democratic Convention assembled at St. Louis, re-nominated him, and although the cam- ])aign was between hhn and General Harrison, the direct opposite of 1884, he was defeated. He has with that profound good sense and sincere grace actce]>ted the answer of this country in jKrfect recon- ciliation ; he left the chair with his last ])residcntial act marked with the dignity and understanding that characterized his every act ; he has left with his noble lady the brilliant rece])tion rooms of the White House for their home in New York, wilh the amazing simplicity of change that is sufficient to make the realms of kings and nueeus beyond the sea, surprised at this great American nation's quiet transition of rulers. BENJAMIN HARRISON. Twenty-third President, March 4, 1S89. Hcnjamin Harrison was born at North l>end in the old Ilai'rison homestead on the Ohio River near Cincinnati, Augn.^t 20, is:]:]. Tlie Harrisons belonged to the old \'ii-ginia Colonists, were ;ill factors in their day and generation, in the Independence of the Tnited States. The family's history bears evidence of virtues that make good citi/cns and good homes. Piety and strict integrity of (rli;irac- ter was IJenjamin's home example; he was the second son. The first public school he attended was a log cabin of thi' old si/e " twenty by thirty," which was only a short distance from his own 300 HEADY REFEllENTE MANUAL. fatlier's home. Aft(>r the lad was " too far advanced" to 1)i' tancflit l»y the coiiiitry ju'daj^oo;, he Avas sent to an Acadi'iiiy known as tlic "Farmcr'H Collctjc," and after twoyt'ivrs tnition in tliis institution, hv. was entered in Miami ITniversity. IIiHeolleL,'e conduct was tiiat of a very orderly and unassuming student; attentive to Iiis studies ajid respectful to his teacliera and class-mates. lie is said to have been very slow, but jiarticularly accurate. Wlien an answer was given by J-Jenjainin Harrison, it was correct, and to this day it is by his fainiliar friends said to \>i' his predominant trait of eiiaracter, this combined witli a retentive inemory, has built up a very substantial man of knowledge. After graduating from college he entered a law office in Cincinnati, and set about the study of law. Ife was barely twenty, his studies not yet com])letey perseverance and strict economy lie completed his law course, and to make matters more successful, he iidierited a few hundred dollars by the death of an aunt. In company with his young bride he removed to Indianapolis, and tliere entered upon the jiractice of his jjrofession. lie has told of his privations out in their new home, and has seriously remarked, that to ])Osse8S a five dollar bill, was an event seldom occurring. In isoohe was nomi- nated by the Republican, Convention for Reporter of the Supreme Court and was elected, lie was not a " wordy orator," but a reliable effective and courteous counsel; loosing at no time his temper or de- scending to abuse of his opposing counsel. In 1SU2 he resolved like thousands of others that it was imperative to do sometiiing for his country, and he accepted the commission of colonel of tlie 7(ith Regiment of Indiana Volunteers, lie marched with his company to Howling Green. He remained with his regiment until the close of the war. He was in the battles c,f Ilesaca, of Kensaw ^Mountain, of Peach Tree-Creek, and proved himself a good soldier and popular commander. His goodheartnedness to the wounded and sick, is well known by those who served under him. When the war closed, he retired with the rank of brevet brigadier-general. In l.SVO, he declined the nomination of Governor of Indiana, but through gre.at i)ressure of his party he stood and was defeated. In the Convention at Chicago in 1880 he declined to be a candidate, and gave all hi.s support and influence to Gen. Garfield. Upon Garfield's election he was offered a portfolio in the cabinet, but de- clined it. He was at the time elected United States Senator, where he served his country for six years. In 1884 his claims to the otlice of President were again discussed. In 1888 at the National Re- publican Convention held June lOth, at Chicago, He received the nomination and was elect<'d to Jie Presidency. His actions since his election have been marked with a degree of wisdom becoming his high office; silence and reservation throughout. His cabinet is a remarkably strong one in many respects. The Secretary of State, Mr. J)lain, a man of world-wide distinction; and the rest of his cabinet all gaud business men, as well, being otherwise well posted upon political jurisprudence ; that he will be able to give this lUOOItAF'HIES OF THE njESIDKNTH, HO? coimtiy a sound and ^mod administration, is visihlv nn(|ucs(ional.lt' Yt't slioiild intnj,nu'H of money kin,,()00 aj.d the Archbishop of York .tlO,()00. Tho Bisliop of London hIho frets CKMHH), im.l tlie other IJishops from CT.OOO .lown to fi.OUO which latter is (he small Htipejid i)aid to the HiHlioj) of Sodor and IVfan. The fattest salaries are j)aid to the Vic<(roys of India and Ireland, the former nu-eivint,' 20,8.'{;5 rupees per month, and the latter L"'-'0.000 per year. The rTovernor-Gciieral of Canada has otdy CIO.OOO. The British Aml.as- Hador at IVis receives CO.OOO, at Vienna and Constantinople tS 000 each, at St. I'ctersburg ,1:7,800 and at Berlin X7,500, United States *7,o00. r.VKT V. CIIAI*. VIH. KKKTCH OK HIK lOriN A. M ACDoNAMt, K. 0. 11., HIS I.IIK AND TIMKS AS A LAWVKU AM) STATESMAN. T1j<; Kiil»JM't of tin? sketch, Sir John A. Miicdormhl, whc)H»> name has be<;n i'loiitiJicMl witli thc^ politics of Caimilii for the ])!iKt fifty years, iH the Het'oiiil son of Ihi},'li Maiidoimhl, of Dornocli, Suther- hiutlshire. S<-otlan(l, and was born January 11, 1815. in (leorj^'o Street. (rlas;^o\v. Scotlaiid. Tiio family emigrated to Canaihi durinj^ the Hiimmer of 1M"J(), and settled in Kin<,'ston, ['pper (.'anathi (now the Province of Ontario) ; after four years the family removed to Quinte Day, in the adjoining county of I'rince Edward, leaving John Alexander at Hchool in Kingston. The nearest town or village to the Maedouald settlement was ,\doij)hston ; the, entire settlement was eoujiiosed of New l'2nglanders who had declint'd to stiver their loyalty to the liriiish Crown ; and are known as U. E. Loyalists. In this settlement were included tlui Magermeu's, Macleans, KuttenB, Gowans and Harrison families, all of whom jilayed a distinguished part in the government of Canada, and its advancement in every de])artment of itw civil and (rolouial history; couseciuently the world wide reputation that Sir John gets of i)atriotism to Canada and the home goveinment, is hui, tlie natural j)roduction of early inlluences. The privations incidejit to '•roughing it in the bush," did not allow the Macdonald family to escape, but gave them, if anything, more than their share; however, with much self-denial on the part of the family, the lad was kept at school and subsecjuently placed under the tuition of Dr. Wilson, at the Koyal Granuuar School, in Kings- ton. Dr. WilKon was a Fellow of the Oxford Universitj' of England. In 18;JG the family left Adolphstou and took up their residence in Kingston; young Macdonald was taken from school and articled to Mr. George Mackenzie, barrister at law. He had no college or classic training, but like JJobby Burn's guinea stamp, "he was guid for ali-that." After three years a student, and three y«fars more of practice, he i)aKsed his examination at the head of the list before the Upper Canatla Law Society, and was presented with the bairister's gown and blue bag. Contrary to the universal belief, IMacdomUd was a student of the most exemplary habits ; he was a witty and humorous conversationalist, and his companionship always courted, but as a wild town gallant in sprees, he never joined in any manner. After he graduated, he opened an office in Kingston for the practice of his profession, and was soon appointed solicitor for the Com- mercial Bank and the Trust and Loan Company of Canada, the latter he retains in Toronto to this day, through his associated part- ners. About this peri' id the storm of Ilebellion in lower Canada under Papineau, and in Upper Canada under Williana Lyon INIackenzie was 372 READY REFERENCE MANUAL. coininencing to rage ; it was a resistance of oppression, similar to what brought about the Independance of tlic United States. Up to 1838 young Mucdonald had not distinguished himself particularly, until Von Shoultz a Pole, the leader of what was known as the Hunter's Lodges that attempted an hivasion of Upper Canada, along with the Lyon Mackenzie discontents at Prescrot, was captured and imprisoned at Kingston, and Macdonald was en- gaged as counsel for the prisoner. The bright young lawyer's appeals in behalf of the prisoner, though fruitless in saving him, will be long remembered by those who heard it, or hoard accounts of it. Pity lay at the heart of Macdonald for the poor foreigncsr, who had been expelled from his own native land by the unjust hand of oppression, and thought that the Mackenzie discontents should in Canada receive any assistance he could give them. This trial gave John Macdonald a wide reputation throughout Canada, and one that has continued to this day. After tliis Macdonald entertid into partnership with Alexander Campbell (now the Lieutenant Governor of the Province of Ontario ) in the practice of law in Kingston, and amor.g the students they had articled was Oliver Mowat, the clever, cautious little Scotchman that has been the head of the empire province of Canada ( Ontario ) during the last (juar- ter of a century, as Attorney-general. Macdonald's first jjublic oflice was as alderman in St. Lawrence ward in Kingston in 184'}. Dur- ing the rupture between Sir Charles Metcalfe, the Governor of the Canada's, and his cabinet, in which Sir Charles was in league with the Family compact; Macdonald took a modest part. One of the things no doubt he has ever since regretted. It was in point of fa(!t a despotic rule by the Governor, regardless of the ])eople's will or wishes. About this time George Brown visited Canada from New York, canvassing for a weekly paper called the British Chronicle that he was going to publish in Toronto, which afterwards devcsl- oped into the Globe. George Brown and his paper unceasingly opi)Osed Macdonald from its embryo to his death, and is yet, with its successors, his most formidable opponent. In 1844 Macdonald received at the hustings in Kingston, the nomination of the old tory party. This election was one of the most exciting the warrior has ever fought. It was a mixture of factions. Orangemen, Roman Catholics, Secessationists, &c. It is said that whiskey, antl blood from cut heads, Howed as freely as at Doneybrook Fair ; but out of the " guzzeldom " Macdonald came a victor. His first attendance in Parliament was not marked by any anxi- ety to " stick his gab in " as most parrot politicians do for the gab- bing sake. His attitude was quite unassuming as' it is to this late day in his public life. One of his definitions of a speech is: "speak when your words will add force to an attack or strength to a de- fence" and he lived up to that rule. He never attempted to enter upon a debate, until he was posted upon the marits of the (]uestion discussed, and then with short, noncommittal speeches, usually sweetened with a little humorous witticism of his own. His first speech in the house ailbrded him the opportunity to record his devo- SIR JOHN A. MACnONALD. 37 .'J tion to tbo Eiupiio that ho ban ho long and faithfully served. It waa his advocacy of the law of prunogeniture ; contending that Hucii EngliHh statesmen as Pitt and Fox, would never have been more than everyday country sciuiros, were they not left estated gen- tlemen by the old English law of primogeniture. During these days the coiiHict kepi going on between the Governor aud the gov- ernment, toryism against constitutional government. In 1840 Lord Elgin was appointed Governor and Sir Charles Metcalfe recalled home. The new Governor was a more moderate man and had nt an early day in his administration manifested a will to adhere to the prerogative of ihe people instead of his own. In this parliament Alacdonald was appointed lleceiver-geueral, (this is what was known as the Draper administration), and afterwards removed and given the Coiunussioner of Crown Lands Department, but his term of office was cut short by the government being defeated upon a divi- sion in the House, necessitating an appeal to the country. After tlie election to test the strength of the two parties, a division was taken on the election of the Speaker of the Commons, when the result sliowed the tories defeated by 54 to 19 ; this placed Mac- donald aud his party on the opposition seats. The Governor called upon Mr. Lafontaino to form a cabinet. No sooner had the new ministry taken office under this French leader than a bill was intro- duced to indemnify Lower Canada to the amount of $500,000 for the damages of property during the riotous days of "'37-8 ". Mac- donald entered a most telling protest against this Act, and for the Hrst time in his life learned that it was unpopular to interfere very iirominently against the French Canadians. The bill was l)assed and although the whole country was scoured by petitions, for and against it, to the Governor to disallow the bill, it was signed by him and became law. Upon the heels of this followed a repetition of the feuds and conflicts, which were equal to the one that the Act proposed to recompense Lower Canada for damages ; the Parliament buildings at Kingston were burned and the govern- ment offices throughout the country sacked and damaged ; disorder and outrage madly danced o'er the land. Macdonald though oppos- ing the Act now saw that pacific efforts nuxst be adopted or annex- ation to the United States would surely be the outcome ; his speeches in this line were in their way calculated with a de- gree of diplomacy not unlike the tact of Disraelis' at the Europpan convention at Berlin, where the London Pintch represented the great English statesman walking a rope with the balance pole of "Peace." To Macdonald's tact at this critical moment can be largely attributed th(> fact tiiat Canada exists to- day. In this Parliament, while in opposition, Macdonald was a prominent and dangerous debator ; his opposition to the extension of representation, and the University bill, and the bill to restrain the sale of intoxicating licpiors was most elTective and largely embarrassing to the govern- ment. He maintained that the "government could not legislate 'men to be sober, anymore than to be religious." In 1854 a new party was constituted out of the remnants of the old tory party, ;^74 IlKADY UEFEUKNCE MANUAL. known a8 the Liberal Conservative pai'ty, which at the general election was carried into power. Sir Allan MarNabb was elected Premier and John A. Macdonald Attorney- General for Upper Can- ada and the Hon. A. N. Morin, Premier of Lower Canada ; known as the MacNabb-Morin adnnuistration, and later Mr. McNabb re- signed the Premiership to Macdonald and Mr. Morin to Mr. Tache, which was then termed the Tache-!Macdonald administration. Sir Edmund H( arliaments and sixty-live min- isters of the crown ; while England is content with a single queen, a single parliament and the njembers of which are not paid." Tlie scheme was pressed upon the InipcMial Parliament with much astuteness and force, and John l>ull put it in his pipe and smoked it, and resolved to grant a loan to build the Intercolonial llailroad, as the maritime provinces did not take to the scheme as favorably as their delegates, us the ('lections showed that not one of the dele- gate members wns elected. In the C'anadas' parliament in session at Quebec the Hon. George iJrown was seeking to withdraw from the cabinet that he had become a nicnd)er of with the avowed un- derstanding that he wouhl stick to it until confederation would be a fact. It is but fair to this brilliant, i)atriotic man to say that he was so constituted that he could not forego anything he mapped out, and, as the confederation scheme was getting more of INIac^ donald's hoops on it than Hrown's, it naturally made it objectionable to him. During these years the American war had advanced every 370 READY REFERENCE MANUAL. commodity in Canada to fabulous figures, and all branches of in- dustry I'cceived a great impetus. When President Lincoln was assassinated the tragic news stood aghast throughout civiliza- tion ; resolutions were passed througiiout Canada expressing heartfelt sympathy for the untimely end of the great friend of liberty. On one of these occasions the speech of John A. Mac donald was a most powerfid valuation of Lincoln's worth. The following is a brief extract : "Never before has the heart of civilization been bo greatly stirred ; monarchs, heroes, patriots have passed away in the quietness of natural death and upon the battle fields, but iu the cruel, atrocious and treacherous assassina- tion of President Lincoln the home and family wherever sjiread of civilization has lost an unpretending and unequalled friend, whose worth will never be known in its fulness until after years." In 1866 the legislature of New Brunswick met under very excited circumstances upon the confederation scheme. In November, 1866, a second delegation proceeded to England to hold a conference with the Home Government over the confederation plan, and a meeting was held December 4th at Westminster Palace ; John A. Macdonald was olocted its chairman. It was largely due to the masterly handling of the delegates, by forbearance, that Mac- donald kept up the forging of the links in the confederation of the Dominion until it was consummated. The Hon. Joseph Kowe of Nova Scotia, was the greatest barrier, but, through Sir Charles Tupper's forcible rebuttal of his protests, had no weight. Upon the 29th day of March, 1867, the Confedera- tion bill received the royal assent, and also the guarantee of a loan of .$15,000,000, free of interest, to construct the Intercolo- nial railroad from Halifax to Montreal. It did not, however, em- brace Newfoundland, as it resolved to have nothing to do with the scheme, and therefore was not coerced into it. The site for the Parliament buildings and the capital was left to the governor-gen- eral, who was Lord Monck. The next act in the confederation play was a general election, which was proclaimed throughout the Da- minion under the new constitution and upon the assembly, by royal proclamation, of the first Dominion Parliament of Canada, the historical duty devolved upon Lord Monck to call upon the man that was at one time the black, curly-headed lad of the backwoods of the bay of Quinte, to have the honor of forming the first government of the Dominion. In this first Parliament, John A. Macdonald was premier; Hector Langevin, secretary of state; Leonard Tilley, minis- ter of customs ; George Cartier, minister of public works ; AVilliam Macdougall, Peter Mitchell, Alexander Campbell, W. P. Howlaud and A. T. Gait in other departments, several of them have re- mained along with Macdonald in the administration of this country in various ways since. Upon the accomplishment of confederation, Her Majesty called John A. Macdonald to England and conferred upon him the order of knighthood, and the distinction of Compan- ion-of-the-Bath upon Tilley, Tupper, Cartier, Gait, Macdougall and Howland. Messrs. Cartier and Gait refused to accept the lower SIR JOHN" A. MACDONALD. 377 distinction, when Macdonald received the higher, but the fact was and ever remains that to the parentage of confederation. Sir John A. Macdouald has an undisputed title ; to its success he has no su- perior, while many estimable equals. Under the new regime Sir John has been the chief ever since, with one exception, when de- throned by the Hon. Alexander Mackenzie, who was premier from July, 1872, to January, 1879, — Sir John being charged with work- ing in collusion with Sir Hugh Allan and one Huntington to sell the charter of building the Canadian Pacific railroad to them, to be controlled by Americans. The country was flooded with wild, groundless calumniations against Sir John, and in the frenzy of these cruel and foul slanders, he was defeated. This was the most crushing set-back of his life, and its enormity seemed the more be- cause it was a base conspiracy of unscrupulous politicians seeking office and power. In this unsavory puddle, it is well to say, the Hon. Edward Blake or Alexander Mackenzie did not dabble, though they were the chief components of the Reform administration after- wards. The warrior had almost resolved to drop out of politics and retire after this blow, but his friends clung to him with a ten- acity that made any such an attempt impossible, and in the general election of the fall of 1878, he formulated the National Policy, and went to the polls with this square issue of protection to home in- dustries against free trade theories, and swept every pillar of the Mackenzie administration out of power. The admission of British Columbia and the purchase from the Hudson Bay Company of Man- itoba and the Great Northwest Territories ; the rebellion and mur- der of Scott at Winnipeg ; the completion of the Canadian Pacific railroad ; and the insurrection in the Northwest and the execution of Kiel, and many other historical events, he has dealt with in connec- tion with the government of Canada. And while we might chron- icle, in our brief and unassuming sketches, many other worthy sons of Canada, whose handmarks will ever be recorded with her history, we have selected Sir John Macdonald, because, as a native born Canadian ourself, we know that the preference given to Sir John A. Macdonald will meet with an unanimous yea ! ! He has now at- tained nearly his allotted time, and has by that long period of patri- otic labor proved his sincere devotion to his country and his crown, and while perfection is not claimed by himself in his public acts, no one will deny that he is other than an ofl'ering sacrificed to duty as to him seems best in the prosperity and development of the country at large. That his task 'has been, and remains yet to be, a difficult one, is very apparent. A mixture of nationalities and creeds, along with diversified interests and situations, is there, with all its discord. The proof that he has so long controlled the executive of the coun- try, and that he never was as meritoriously popular as he is to-day, is better evidence of the encomiums of his devoted followers than any plaudits of a feeble pen. Sir John Macdonald has been twice married, first to Isabella Clark, in 1843, by whom he had two children, one of which died in childhood, and the other is living and practicing law in Winnipeg. i' 1'* *•••♦•• •'■ ■' 378 READY REFERENCE MANUAL. His first wife died in 1857. Ten years afterwards he again mar- ried Susan Agnos, the daughter of Hon. T. J. Barnard, a niemljer of Her Majesty's privy council of the Island of Jamaica. In 1865, he received the degree of D. C. L. from Oxford University, and D. C. L. from Trinity College, Toronto. As before stated, he was vested with K. 0. B. by Her Majesty the Queen and subsequently the Grand Cross of the royal order of Spain. He was nominated by Her Majesty, in 1879, us a privy councillor, and has received many other marks of the Queen's approbation. It is said by good and well informed authority that outside of Her Majesty's trusted Imperial Ministers, Sir John stands the highest in her estimation. His home life is not luxurious by any means ; he lives at Stadacona Hall, near Rideau Hall, the Governor's residence, in a simple and pleasant home, excelled by numerous citizens in the picturesque capital. Lady Macdonald is a most perfect companion. It has been said by himself, as well as many of his most intimate friends, that a better union could not be possible, and to this estimable lady he attributes a very great portion of his wonderful success in life. As to his wealth it is in his country's love and admiration of him ; a heritage that will require no other devise than that chronicled in the history of Canada. THE END. GENERAL INDEX Paor. AuREST for (Icht. in Unit cmI States, 82 Arrest for dclit in Canada, 80 Assii^niMcnts in inHolvcncy in Ihiitctl Sial»'S, ARsignnu'uls in insolvency in ('anada, . . , . . 20 Aineiidrnent of 1.S8!) to Canadian ('opyriLflit Aet, \4r> Attachment laws of iriiited S(:itCH, 9 Attaclinient laws of Canada, 29 Apprenticesliij) laws, 1 73 Amendment of 1 889 to Postal Act of Canada, n I r» Hank holidays in United States, 61 IJaiik liolidays in Caiiannier(!ial paper in Canada, 70 Commercial Travellers' licenses in United States, 90 Commercial Travellers' licenses in Canada, , 91 Co))yriiographie« 339 Points of business law, in daily use, 306 QuKEN Victoria and her family, 368 Railroads, damages against, - - 291 Railroad laws generally, 299 Royal family of Great Britain, . _ 368 Statu TK of Limitations in United States, 31 Statute of limitations in Canada, - 60 Servants' laws, 172 Salaries of Privy Council of Great Britain, 370 Salaries of the United States government, : 320 Salaries of the United States Supreme Court Judges, 321 Tkadk marks in United States, - 158 J'rade Marks in Canada, — 159 Treaty of Paris, 103 Treaty of Ghent, - 104 Treaty of 1H18, _. 106 Treaty of Reciprocity, - 109 Treaty of Washington, — - 113 T T T T nx INDEX. 881 I'AOR Telegraph Companios, message laws, 302 TenaiitH, law of 1(J9 Ufluiiv and itit«!rest lawH, . . 78 United States, outline of its form of goveriinienl, 318 Valub of foreign coins in United States, 313 "WiM,H in United States, 247 W IIIh in ('unada, 286 "Woman's SuiTragt' in United States, 238 Woman's Suffrage elsewhere, 2.'»9 INDEX TO BIOGRAPHIES. Adams, John, 339 Adams, John (^uiney, 343 Arthur, Chester A., _ • 363 Buchanan, James, 350 Cleveland, Grover, 364 Fillmore, Willard, 349 Grant, Ulysses S., 368 Gartield, James A., . , 362 Harrison, Wiilianj Henry, 347 Harrison, Hen jamin, 366 Hayes, Rutherford Jl., 361 Jefferson, Thomas, 340 Jackson, Andrew, - 344 Johnson, Andrew, 356 Lincoln, Abraham, 352 JVIonroe, James, - 342 Madison, James, . - 341 Macdonald, Sir John A., 371 Polk, James Knox, _ 348 Pierce, Franklin, 349 Queen Victoria and her family, 368 Tyler, John, 348 Taylor, Zachary, 348 Van Buren, JMartin, . 346 Washington, (icorge, ... 339 We recommend to the readers of tluH book the following legal gentlemen in the diftcrent Stites and Territories and the rrovincea of Canada, if in need of legal advice : ALABAMA.— (Ijm). M. S«'lli'rH. Kh(i., Attdi-iu-y al Liw. MonlKoMifiy. AliKANSAS.— W. T. Hill. V^f., Attnim-yat [Jiw. [Jtllr l{<)< k. ( AMhOlv'NIA.— n<»M. ("liiiH. H. DunsiiKtrt'. AtloiiH'V nl I,.i\\. U>s Aii- p'lcs. I) AKOT \."Mi'ssrs. (',im|ilM'll iV Hanu's, Attorneys at I,ji\v, Vanktoii. I"i-()IMI»A. linn. .1. n. WliiHi.M. .Fillip- ..f IVol.alc. TallaluiHsir; VV. M. DrwImiNt. V.si\., Altoriioy at Law, St. AuKHsliiic. (iK()l{(ilA. — 1{. \\. Tii|>|M'. Ksi|.. Attoiiicv at Liw. |Sl Mamutd' St.. All.iiita. I LMNOIH.— ({»•«>. T. I'ap', Kscj., Attonn-y at Liw. I'.'T .Ifir»'i-soii St.. I'foria; K. I). MaUliciiy. F,s(|.. .VUonify at Law. S|>iinKti«'lil. IOWA. — llfni. William Miismmi. of tlu' Di.slrict t','»' of Proliatc, liulianapoliH. KANSAS.— Hon. A. H. giiiiiton. .IihIk*' of Proluitr, ToiMika. LOriSIANA.— Hon. II. K. Cl.nmiins. New Oilcans. MASSAC 'HUSKTTS.—KS(., hoston; Messrs. Hopkins iV Maeoii, Solicitors at liji'v, Worcester. MARYLAND.— Hon. KolicilT. Manks, Ue-islrarof Probate, naltiniore; Milton W. i\iiilown, Ksq., Attorney at Uiw. li Last l-exiiiKlon Av., Dalli- more. MAINK. — Melvin K. Hohv.-iy, Rsq., CVmn.sellor at l>aw, Augusta; lion. HowartI Owen, Hcfj^istrur of Prohute, AuKustu. MISSOUUL— Hon. .Jno. H. Derricks. .lelferson City. MK'HKiAN.— Messrs. Taft and Sniitli, Attorneys at l«iw, Pontiac; Hon. J. A. Siiiitli, Judge of Probate, Ijunsing. NEW JERSEY.— Messrs. Axtell and Quayle, Attomoysat Law, Morris- town. NEW YORK.— Messrs. Collins and Parsons, Counsellors at Liw. ('.!> Wall St., New York; W. L. Pattison, Es(|., Counsellor at Liw, Plattsl.uinli. NOUTHCAKOLINA.- Hon. Cliailes Diipcliinel. KaleiKh. NOVA SCOTL\, CANADA— Me.s.sr..;. (iraliani. Horden and Parker. I?ar- risters at l^aw. Halifax. NEW HliUNSWlCK, CANADA.— Messrs. (Jief,'..ry and Gregory, Par- rislers, etc., Frederic.kton. ONTAKK.t, CANADA.— Messrs. McCarthy, Hoskiu. Osier and Creel- man, Toronto ; Messrs. Crreene «& Greene, lOJ Ailelaide Si., I'last Toronto. OHIO.— Hon. Charles Saflin, Ju(l-;e of Probate. Columbus; A. J. Wil- liams. Es(|., Counsellor at Law, 11 Mhukstone Hlg.. (!leveland. PENNSYLVANIA— Hon. T. Elliott Patterson, Att<»rney at Law, 22!) South fithSt., Phihuh'li)hia. QITEHEC. — Messrs. Ii!icost4», Bisailhtn, Brosseaii and Lajoie, Advocates at IjJIw, Montreal, Canada. KIIODE ISLAND.— Hon. E. S. Rurdick, N.'wport. SOUTH CAROLINA.-Hon. John H. Pearson. Judge of Probate. Columbia. Attnmov at l*iw, Nashville; WASHINGTON TERKITOUY.-H. W. Lueders. Esq. , Attorney atl.vw. ''""VTOMONT.-J. W. Russell, Es.,. , Attorney at Law, B..rHn«ton WEST VIRGINIA.-Hon. Forrest W. Brown , Attovn.y at Law, ( luu-les- ton. „ ,. WISCONSIN.-Hon. J. H. Carpenter. Ma.hson.