^hL 
 
 h.-Cr.
 
 GRANNAN S 
 
 Warning Against Fraud 
 
 -AND- 
 
 VALUABLE INFORMATION. 
 
 A TREATISE UPON 
 
 Subjects Relating to Crime and Business, and also Embracing 
 Many Practical Suggestions for Everyday Life. 
 
 PUBLISHED BY 
 
 THE GRANNAN DETECTIVE BUREAU CO., 
 
 CINCINNATI, OHIO. 
 
 AKRON, O.: 
 
 THE WERNER PTG. & LITHO. CO., 
 
 1890.
 
 Entered according to Act of Congress, in the year ifoo, by 
 
 JOSEPH C. GRANNAN, 
 
 In the Office of the Librarian of Congress, at Washington, D. C.
 
 pv 
 
 67^ 
 
 6c% 
 
 PReFftce. 
 
 WE are aware that it is an unusual occurrence for a Detective 
 Bureau or Agency to publish a book, especially one of so 
 great scope and general application to all classes as we 
 have attempted to make this one. But a Detective Agency 
 sits with its fingers on the pulse of the nation. It has an opportunity 
 to know and appreciate, better than almost any other observer of mis- 
 cellaneous life, the wants and weaknesses of the masses of the people. 
 Did it ever occur to you, reader, that when a burglar wants to enter a 
 house that he looks for the weakest spot upon which to make his at- 
 tack ? So when a confidence rogue sets out to swindle you out of your 
 money he studies carefully your mental peculiarities and assails you in 
 the weakest point. Business men, merchants, bankers, farmers, me- 
 chanics, housewives, all have peculiar habits of life that lay them liable 
 to the traps of designing men. 
 
 Then again from our position with relation to the detection of 
 crime and punishment of criminals, we have observed the crudeness of 
 the work of detectives and arresting officers. Flagrant crimes have 
 often gone undiscovered for want of a little intelligent work in tracing 
 palpable clews. Red-handed criminals have been set at liberty or 
 evaded arrest through the ignorance or stupidity of an officer. 
 
 These remarks will disclose our purpose, which we may be permitted 
 to say we believe to be a laudable one, and will also disabuse the 
 reader's mind to some extent, we trust, of the idea that it is not within 
 the province of a Detective Bureau or Agency to publish a book. 
 
 Without attempting to outline the work, we will say that we believe 
 that detectives and arresting officers will derive much profit from a 
 study of the pages devoted to the Law of Crime and How to Proceed. 
 Especially interesting has been the preparation of the chapter upon 
 Extradition, and we believe the information to be found there has not 
 heretofore been furnished to the public in any popular form. 
 
 We trust a careful study of the chapter on Counterfeiting and Coun- 
 
 (iii)
 
 IV PREFACE. 
 
 terfeit Money will largely protect the business community against this 
 extensive class of frauds, while the information on the swindling 
 schemes of the day is exhaustive and has not heretofore, to our knowl- 
 edge, been collected in any convenient form, and we believe intelligent 
 study of the plans and methods of the schemers, and faithful observ- 
 ance of the principles we have laid down, will save careful readers from 
 their snares. 
 
 In the part devoted to the Law of Business we have attempted to 
 touch the practical side of life in such a way as to save all classes of 
 people, merchants, bankers, farmers, mechanics, laborers, from the 
 errors resulting from ignorance of the common laws and rules of busi- 
 ness. This general ignorance of these subjects arises from two facts, 
 neither of which is the fault of the people themselves : first, the writers 
 on these subjects have couched their ideas in technical language, readily 
 understood "by attorneys and those familiar by long practice with legal 
 phraseology, but not at all clear to the popular reader. Second, the 
 works have been published in such form and at 6uch price as to make 
 them practically beyond the reach of the general public. We have at- 
 tempted to avoid both these features and have retained only so much of 
 the technical language of the law as is necessary to make definitions 
 and explanations correct, and have introduced popular language that 
 we believe will make these subjects clear even to those who have no 
 knowledge whatever of the law. 
 
 As the work is intended not only for the officer's and detective's 
 study, the merchant's desk and the mechanic's bench, but for family 
 and home use as well, we have ventured to insert a small department of 
 miscellaneous information touching a variety of subjects relating to the 
 health, happiness and education of the domestic circle, from which we 
 trust all classes will derive some benefit. 
 
 We submit, then, without further explanation or apology to the 
 verdict of an impartial public who alone shall say whether we have 
 accomplished in a creditable manner the task we set for ourselves. 
 
 THE GRANNAN DETECTIVE BUREAU CO.
 
 Ttte LftW OP CRIMe. 
 
 THE elements of crime are the same in all the States of 
 the Union; indeed, in essential features, the same in 
 the whole civilized world. Since the tables of stone 
 were handed down from Mount Sinai there have been certain 
 acts recognized by almost the whole human race as inimical to 
 social order or individual rights. The great Jehovah's "Thou 
 shalt not kill" has thundered down the ages with cumulative 
 momentum and comes to us now infinitely multiplied in force 
 by a responsive assent as to its justness from the breasts of 
 countless millions, in every age and clime. 
 
 False notions of religion have led some misguided and semi- 
 civilized peoples into the practice of offering up human sacri- 
 fice to appease the imagined wrath of a self-imposed deity, but 
 the universal abhorrence in which such practices are held by 
 all right-minded people shows how strongly intrenched in the 
 human mind is the justice of the Mosaic law. The principle of 
 punishment laid down by that same ancient authority, "an eye 
 for an eye, and a tooth for a tooth," has adhered to the practice 
 of courts and juries through all the intervening centuries with 
 wonderful persistence. In fact it is only within recent years that 
 a few of the States have ventured to relax the law of a life for 
 
 5
 
 6 THE LAW OF CRIME. 
 
 a life in the case of murder. And the prospect of an entire 
 abolition of the death penalty is not nattering. 
 
 In this country there may be slight differences in stat- 
 utory definitions and there are unquestionably considerable 
 variations in the degree or amount of punishment attached to 
 certain crimes in the different States, yet so uniform is the 
 theory and practice of criminal law in the States that an expo- 
 sition of the penal code in one will suffice to give a general and 
 correct idea of all. 
 
 It is not within the scope of this work to enter upon a 
 thorough treatise of the law of crime and criminal procedure. 
 We can only hope so to expose the nature of crime and give 
 such definitions of the great divisions, and such information as 
 to the proper initial steps to be taken both in ferreting out 
 crime and in starting the wheels of justice that the reader may 
 proceed intelligently to a point where a skilled attorney must 
 per necessitate be brought into the case. 
 
 As the criminal code of Ohio is perhaps as nearly represen- 
 tative of all the States as any that could be selected, we take 
 that as the basis of our remarks upon the L,aw of Crime.
 
 GRANNAN'S 
 
 Warning Against Fraud. 
 
 r 
 
 CHAPTER I. 
 
 General Definitions and Remarks. 
 
 /'"P^HE word crime is defined by Bouvier as "an act com- 
 mitted or omitted in violation of a public law forbidding 
 or commanding it." Bishop, in his admirable work 
 on Criminal Law, defines crime as "a wrong which the 
 government notices as injurious to the public, and punishes in 
 what is called a criminal proceeding in its own name." 
 
 Crime is the general word covering all violations of law. 
 
 Crimes are divided into two general classes : Felonies and 
 Misdemeanors. This division is based solely upon the degree 
 of punishment attached to crimes. 
 
 Offenses which may be punished by death or imprisonment 
 in the penitentiary are felonies ; all other offenses are misde- 
 meanors. Felony, by the common law of England, was an 
 offense which occasioned a total forfeiture of either lands or 
 goods, or both, and to which capital or other punishment might 
 be added according to the degree of guilt. At common law in 
 this country the word has no clearly defined meaning, but is 
 always understood to include offenses of considerable gravity. 
 In nearly all the States, however, it has been clearly defined by 
 statute. The above definition is the Ohio statutory definition 
 as set forth in Section 6795, Revised Statutes. The word is a 
 technical one and must be understood in its recognized legal 
 sense unless the Legislature has given it a prescribed meaning 
 by an interpretation clause in the act in which it is used, in 
 
 7
 
 8 THE LAW OF CRIME. 
 
 which case it must be understood as interpreted, unless to do sc 
 would be repugnant to reason or to other provisions of the 
 same act. 
 
 Misdemeanor is a term used at the common law to express 
 every offense inferior to felony that was punishable by indict- 
 ment or by particular prescribed proceedings. According to 
 this definition it did not include a large number of offenses, of 
 a minor nature, over which magistrates had exclusive summary 
 jurisdiction, but under the statute the meaning has been en- 
 larged to include all other offenses except felonies. 
 
 There are no common law offenses in Ohio. No act, how- 
 ever hurtful or immoral it may be, is punishable as a crime in 
 Ohio unless that act is specially enjoined or prohibited by the 
 statute laws of the State. This is also true of all other States 
 that have undertaken complete statutory supervision of crime. 
 In a few States the common law relating to crimes still pre- 
 vails, and in a few others there is a mixture of common and 
 statutory law. 
 
 Effect of Conviction of Felony. A person convicted of a 
 felony shall, unless his sentence be reversed or annulled, be in- 
 competent to be an elector or juror, or to hold any office of 
 honor, trust or profit in this State. Or a person who has been 
 actually imprisoned in the penitentiary of any other State for a 
 crime which is a felony in this State is incompetent to be an 
 elector or juror, or hold any office of honor, trust or profit in 
 the State. 
 
 Pardon. A pardon by the Governor or the lawful pardon- 
 ing power effects a restoration of the rights and privileges 
 thus forfeited. If the crime and imprisonment took place in 
 another State, then a pardon by the Governor of that State will 
 restore his rights and privileges in this. 
 
 A pardon will not release from costs if the sentence was for 
 imprisonment and costs.
 
 GENERAL REMARKS. 9 
 
 Rights and privileges forfeited by conviction of a felony 
 and imprisonment may be restored by a pardon after the cul- 
 prit has served out his full term and been discharged. Such 
 disabilities are considered a part of the punishment and not 
 mere incidents to a sentence 
 
 Aiders and Abettors. Whoever aids, abets or procures an- 
 other to commit an offense may be prosecuted and punished as 
 if he were the principal offender. 
 
 Imprisonment. Means confinement in the county jail unless 
 otherwise stated. 
 
 The words "or" and "and." When the statute prescribes a 
 punishment consisting of fine and imprisonment the court has 
 no option in the matter but must impose both. But if the 
 statute read fine or imprisonment, or both, the court may ex- 
 ercise its discretion in the case and omit either the fine or 
 imprisonment. If the words "or both" are omitted from the 
 statute either a fine or imprisonment may be imposed, but not 
 both.
 
 CHAPTER II. 
 
 Offenses Against the Sovereignty of the State. 
 
 TREASON. 
 
 WHOEVER levies war against this State or the United 
 States, or knowingly adheres to the enemies of 
 either, giving them aid and comfort, is guilty of 
 treason against the State of Ohio, and shall be im- 
 prisoned in the penitentiary during life." O. Rev. Stat., 6806. 
 
 MISPRISION OF TREASON. 
 
 "Whoever, having knowledge that any person has com- 
 mitted treason, or is about to commit treason, willfully omits 
 or refuses to give information thereof to the Governor or some 
 judge of the State, or to the President of the United States, is 
 guilty of misprision of treason and shall be imprisoned in the 
 penitentiary not more than twenty nor less than ten years." 
 O. Rev. Stat., 6807. 
 
 No person shall be convicted of treason or misprision of 
 treason (unless he confess his guilt in open court) except by 
 the testimony of two credible witnesses. 
 
 The United States statute on Treason is as follows: "Every 
 person owing allegiance to the United States who levies war 
 against them, or adheres to their enemies, giving them aid and 
 comfort within the United States or elsewhere, is guilty of 
 treason." 
 
 The United States law punishes treason with death; or, at 
 the discretion of the court, imprisonment at hard labor not less 
 than five years and a fine of not less than ten thousand dollars, 
 which may be collected from all his property, real and personal. 
 
 10
 
 CHAPTER III. 
 Crimes Against the Person^ 
 
 MURDER, FIRST DEGREE. 
 
 WHOEVER, purposely and either of deliberate and 
 premeditated malice, or by means of poison, or in 
 perpetrating, or attempting to perpetrate, any rape, 
 arson, robbery or burglary, kills another, is guilty 
 of murder in the first degree and shall suffer death." O. Rev. 
 Stat., 6808. 
 
 The purpose or intent to kill another must be present to 
 constitute murder in the first degree, and it must exist at the 
 time of the assault. The purpose to kill must be directly and 
 specifically averred in the indictment. 
 
 Malice. Malice is not intended to mean general malevo- 
 lence or unkindness of heart; it does not mean, in its legal 
 sense, enmity toward any particular individual ; it signifies 
 rather the intent from which flows any unlawful and injurious 
 act; yet not the intent to do an injury to any particular person, 
 but an evil design, a corrupt and wicked notion against some 
 one at the time of committing the crime. A intended to poison 
 B. He put poison in an apple and placed it in B's way. C, 
 who was a friend of A, found the apple and ate it and died. 
 A is guilty of murdering C with malice aforethought. 
 
 The highwayman who waylays and murders a stranger for 
 his money has no hatred or ill-will toward him, but does it 
 merely for money and the law considers the act in the highest 
 degree malicious. 
 
 Premeditation. To constitute first degree murder the act 
 must have been deliberated upon and a design formed to do it
 
 12 THE LAW OF CRIME. 
 
 before the act was done. This is true, however brief may be 
 the period of deliberation. 
 
 Homicide by poisoning consists not only in prescribing or 
 furnishing the poison, but also in directing and causing it to be 
 taken. But it must be administered with the intent to kill. 
 It is not necessary to allege malice in a case of homicide by 
 poisoning, as the atrocity of the killing supplies the place of 
 malice; the law implies malice. 
 
 Neither is it necessary to allege malice in a case of death 
 resulting from any rape, arson, robbery or burglary. 
 
 MURDER, SECOND DEGREE. 
 
 "Whoever, purposely and maliciously, except as provided 
 in the last two sections, kills another, is guilty of murder in 
 the second degree, and shall be imprisoned in the penitentiary 
 during life." O. Rev. Stat., 6810. 
 
 The two sections referred to are the one given containing 
 definition of first degree murder and another which makes a 
 killing that results from maliciously placing any obstruction on 
 a railroad track with intent to endanger the passage of a loco- 
 motive or car, murder. 
 
 The difference between first and second degree murder is 
 the lack of the element of premeditation in the latter. The 
 same observations as to purpose and malice apply here as in 
 first degree. 
 
 The presumption of law in Ohio is, after the fact of the kill- 
 ing is proved, that it was done purposely and with malice but 
 without premeditation. In other words, the law presumes that 
 a proved killing is murder in the second degree. 
 
 MANSLAUGHTER. 
 "Whoever unlawfully kills another, except as provided in 
 the last three sections, is guilty of manslaughter, and shall be 
 imprisoned in the penitentiary not more than twenty years nor 
 less than one year." O. Rev. Stat., 6811.
 
 ABORTION. 13 
 
 This crime lacks both the elements of premeditation and 
 malice. 
 
 The Ohio definition follows the common law in substance 
 and almost in form.- Malice is not necessary to this crime, yet 
 if malice is present, but no intent to kill, the crime will still be 
 manslaughter. An intentional killing, without malice, may be 
 manslaughter, if it occur in a sudden quarrel. If a person 
 strike another with a dangerous weapon, upon a sudden quar- 
 rel, or beat him in a cruel manner, so that death ensue, al- 
 though he had no intent to produce death, the crime will be 
 manslaughter. 
 
 Minnesota and Wisconsin make three degrees of murder. 
 Alabama, Arkansas, California, Connecticut, Delaware, Indiana, 
 Iowa, Maine, Maryland, Massachusetts, Michigan, Missouri, 
 New Hampshire, New Jersey, Ohio, Oregon, Pennsylvania, 
 Tennessee, Texas and Virginia make two degrees. All the 
 States inflict the death penalty for first degree murder except 
 Michigan and Wisconsin. At common law there were no de- 
 grees of murder. It was defined as li the willful killing of any 
 subject whatever, with malice aforethought, whether the per- 
 son slain shall be an Englishman or a foreigner." 
 
 In some States murder remains as at common law and in 
 some it has been modified by statute. Manslaughter is not 
 murder. Malice, the essence of murder, is wanting. Another 
 distinction at the common law was that there could be no ac- 
 cessories before the fact in manslaughter, there being no time 
 for premeditation. It has been thought by some, too, that 
 there could be no aiders or abettors in manslaughter, but this 
 theory has been overthrown in Ohio. See definition of Abet- 
 tor and Accessory. 
 
 ATTEMPT TO PROCURE AN ABORTION. 
 
 "Whoever, with intent to procure the miscarriage of any 
 woman, prescribes or administers to her any medicine, drug or
 
 14 
 
 THE LAW OF CRIME. 
 
 substance, whatever, or with like intent uses any instrument 
 or means whatever, unless such miscarriage is necessary to 
 preserve her life, or is advised by two physicians to be neces- 
 sary for that purpose, shall, if the woman either miscarries or 
 dies in consequence thereof, be imprisoned in the penitentiary 
 not more than seven years nor less than one year." O. Rev, 
 Stat., 6815. 
 
 If the drug is administered to a woman pregnant with a 
 quick child with intent not to kill the woman but to produce 
 abortion, and the woman die, the offense can not constitute 
 murder in the first degree in Ohio. Neither can the accused 
 be indicted for manslaughter. The offense is " attempting to 
 procure abortion." 
 
 RAPE. 
 
 " Whoever has carnal knowledge of a female person forcibly 
 and against her will, or, being seventeen years of age, carnally 
 knows or abuses a female child under ten years of age, with 
 her consent, is guilty of rape." O. Rev. Stat., 6816. 
 
 Punishment for Rape. "A person convicted of rape upon 
 his daughter, or sister, or a female child under twelve years of 
 age, shall be imprisoned in the penitentiary during life; and a 
 person convicted of rape upon any other female shall be im- 
 prisoned in the penitentiary not more than twenty years nor 
 less than three years." O. Rev. Stat., 68 iy. 
 
 The law presumes that a child under ten years of age can 
 not consent to an act of carnal knowledge. This presumption 
 may be rebutted by proof that she understood the nature of 
 the act committed. The defendant may prove a general bad 
 reputation for chastity on the part of the prosecutrix, but he 
 can not show particular acts of unchastity. Neither can she 
 be questioned on the witness stand as to previous criminal in- 
 tercourse with persons other than the accused himself. 
 
 The law presumes that an infant under fourteen years of
 
 ROBBERY. 15 
 
 age is incapable of committing rape, but this presumption ma}- 
 be rebutted by proof that the person has arrived at the age of 
 puberty. 
 
 There has been much discussion in settling the meaning of 
 the words "carnal knowledge." Some judges have held that 
 penetration is alone sufficient to constitute " carnal knowl- 
 edge," while others have maintained that both penetration and 
 emission are necessary. The best opinion in modern law 
 seems to be that both penetration and emission are not neces- 
 sary. 
 
 If a woman is stupefied with liquor and in this condition 
 connection is had with her it is rape, even though the liquor 
 was only given to her to excite her. 
 
 If a man leads a woman to believe that she is his wife and 
 has connection with her under this fraud, it does not amount 
 to rape. He may be indicted for assault. 
 
 A husband can not commit rape upon his wife, but he may 
 be guilty as an abettor or principal in the second degree, as if 
 he should hold her while another had connection with her. A 
 consent obtained from a woman by actual violence or threats of 
 murder, or by administering stupefying drugs, is not such a 
 consent as the law requires the offense will still be rape. 
 
 The punishment for rape in England was death, until a 
 Statute of Victoria made the extreme penalty transportation for 
 life. In the States the punishment varies from death to long 
 imprisonment. 
 
 ROBBERY. 
 
 " Whoever, by force and violence, or by putting in fear, 
 steals and takes from the person of another anything of value, 
 is guilty of robbery, and shall be imprisoned in the penitentiary 
 not more than fifteen years nor less than one year." O. Rev. 
 Stat., 6818. 
 
 At common law robbery is larceny from the person accom-
 
 l6 THE LAW OF CRIME. 
 
 panied by violence or putting in fear. It is not necessary, 
 however, to show that the property taken was actually severed 
 from his person. It is enough if the thing stolen was in his 
 presence and under his immediate control. But it must be 
 shown that he was laboring under such fear that the property 
 was taken from him or his immediate control with intent to 
 steal or rob. 
 
 SHOOTING, ETC., WITH INTENT TO KILL. 
 
 " Whoever maliciously shoots, stabs, cuts or shoots at an- 
 other person, with intent to kill, wound or maim such person, 
 shall be imprisoned in the penitentiary not more than twenty 
 years nor less than one year." O. Rev. Stat., 6820. 
 
 If a shot or a blow at one strike another who was known to 
 be in such position that his injury might reasonably be appre- 
 hended as a probable result of the act, the law will hold the 
 intent to have embraced the victim. Or if a person shoot or 
 cut another under the supposition that it is somebody else 
 against whom his malice is inflamed he will be held under 
 this statute. 
 
 ASSAULT WITH INTENT TO KILL, ETC. 
 
 " Whoever assaults another with intent to kill, or to com- 
 mit rape or robbery upon the person so assaulted, shall be 
 imprisoned in the penitentiary not more than fifteen years nor 
 less than one year." O. Rev. Stat., 6820. 
 
 If the assault is by shooting, shooting at, cutting or stabbing, 
 the charge should be drawn under Sec. 6820. 
 
 ASSAULT AND BATTERY. 
 
 Whoever unlawfully assaults or threatens another, in a 
 menacing manner, or unlawfully strikes or wounds another, 
 shall be fined not more than two hundred dollars, or imprisoned 
 not more than six months, or both. This is a misdemeanor.
 
 LIBEL. 17 
 
 The assault is the unlawful attempt or offer with force to do 
 bodily harm to another. The battery is the unlawful beating 
 or other wrongful physical violence inflicted upon another 
 without his consent. It is not necessary to touch him with the 
 hands. He may be hit with a stick or by a thrown missile, or 
 spit in the face, or touched in any rude manner ever so lightly 
 and it will be a battery. If A strike a cane in the hands of B 
 it is a battery on B. 
 
 Batteries may be justified : 1. Asa mode of correcting a 
 child. 2. As a means of preserving the peace. 3. As a means 
 of self-defense of the person. 4. As a necessary defense of one's 
 property. 
 
 If two persons fight at fisticuffs by agreement, neither of 
 them can be convicted of assault and battery. 
 
 KIDNAPING. 
 
 This offense is punished in Ohio by from one to seven 
 years in the penitentiary. It consists in forcibly or fraudulently 
 carrying off or decoying out of the State any person ; or en- 
 ticing females under eighteen years of age away from home for 
 purposes of prostitution. 
 
 CHILD STEALING. 
 
 The child must be under twelve years of age. The punish- 
 ment is from one to twenty years in the penitentiary. 
 
 LIBEL. 
 
 " Whoever writes, prints or publishes any false or malicious 
 libel of or concerning another, or verbally uses, utters or pub- 
 lishes any false or malicious slander of or concerning any female 
 of good repute, with intent to cause it to be believed that such 
 female is unchaste, shall be fined not more than five hundred 
 dollars or imprisoned not more than six months, or both, but 
 nothing written or printed shall be deemed a libel, unless there 
 is a publication thereof." O. Rev. Stat., 6828.
 
 18 THE LAW OF CRIME. 
 
 A libel is that which is written or printed, and published, 
 calculated to injure the character of another b3 r bringing him 
 into ridicule, hatred or contempt. A more accurate definition 
 than this has perhaps been given by the New York Court of 
 Appeak and adopted by the Supreme Courts of Pennsylvania 
 and Ohio. It is as follows: 
 
 "A libel is a censorious or ridiculous writing, picture or 
 sign, made with a mischievous and malicious intent toward 
 government, magistrates or individuals." 
 
 It does not necessarily charge the plaintiff with crime. 
 Wanton and malicious ridicule, a tendency to degrade the 
 plaintiff and lessen his standing in society, will sustain an action 
 for libel. 
 
 SLANDER. 
 
 Slander is falsely and maliciously, orally charging another 
 with anything involving moral turpitude which, if true, will 
 subject him to infamous punishment, or that tends to exclude 
 him from society, or to prejudice him in his office, profession, 
 trade or business. The remedy for slander is a suit for damages 
 and recovery may be had without proof of actual damage. 
 
 Any charge that would support a suit for slander, if the 
 words were merely spoken, would sustain a suit for libel if the 
 words were written or printed and published. Libel is much 
 broader and more comprehensive because the words are em- 
 bodied in a more enduring form and are promulgated with 
 greater deliberation and malignity. Words of ridicule or con- 
 tempt which only wound a man's feelings will constitute libel if 
 written and published, but would not constitute slander if spoken. 
 
 Slander is neither a crime nor a misdemeanor. It i a tort. 
 It is mentioned in this connection, because it is so closely allied 
 to libel. 
 
 BLACKMAILING. 
 
 This crime, in brief, consists in demanding with menaces or
 
 BLACKMAILING. 1 9 
 
 threats, either orally or in writing, something of value which is 
 not owed by the threatened party; or accusing in any way, or 
 threatening to accuse, any person of a crime punishable by 
 law, or of any immoral conduct, which, if true, would tend to 
 degrade such person, with intent to extort or gain from such 
 person any chattel, money or valuable security; or with intent 
 to compel the person threatened to do any act against his will. 
 
 The punishment in Ohio is from one to five years in the 
 penitentiary. 
 
 The frequency and boldness with which this crime is com- 
 mitted, especially in large cities, is appalling. There are in 
 New York, Boston, Philadelphia, Cincinnati, Chicago and every 
 large city, hundreds of professional blackmailers. A majority 
 of them are women, but many have a man working with them. 
 A trap is laid for a prominent business man, he is caught in a 
 compromising situation, and although he may be entirely inno- 
 cent of any wrong, still circumstances are against him, and fear- 
 ing the effect upon his business, or social standing, or family, of 
 the publication of the circumstances, he yields to the opportun- 
 ity offered to keep it quiet "for a consideration." Once having 
 paid hush money he is forever lost. He dare not refuse subse- 
 quent demands for money, for the first payment was a vir- 
 tual acknowledgment of his guilt. He dare not complain to 
 the authorities, for that would result in bringing the whole 
 matter to public view. So he is bled year after year, while the 
 villainous blackmailer enjoys immunity from punishment and 
 lives in luxury from the substance plundered often from worthy 
 mothers and wives and crying babes. A person from whom 
 blackmail is levied is truly accursed. He dare not use the 
 remedy provided by the law.
 
 CHAPTER IV. 
 
 Offenses Against Property. 
 
 ARSON. 
 
 WHOEVER maliciously burns, or attempts to burn, 
 any dwelling-house, kitchen, smoke-house, shop, 
 barn, etc., or any other building, the property of 
 another person, of the value of fifty dollars, or 
 any church, court-house, school-house, jail, etc., or other pub- 
 lic building, or any ship or other water-craft of the value of 
 fifty dollars, or any toll bridge wholly or partly in the State, 
 or any other bridge of the value of fifty dollars within the 
 State, shall be imprisoned in the penitentiary not more than 
 twenty years. 
 
 Whoever maliciously burns or sets fire to any dwelling- 
 house, etc., of the value of fifty dollars, being his own property, 
 and insured against loss or damage by fire, with intent to prej- 
 udice the insurer, shall be imprisoned in the penitentiary not 
 more than twenty years. 
 
 Arson is the malicious burning of the house of another. 
 But house includes all kinds of buildings, and the Ohio Statute 
 makes it cover bridges as well. 
 
 Burning the personal property of another maliciously, as 
 hay, wheat, grain of any kind, fence, boards, timber, etc., is 
 punished by imprisonment in the penitentiary for from one to 
 three years, if the value of the chattel burned is thirty-five dol- 
 lars or more. If under that sum, a fine of from five to one 
 hundred dollars and not over thirty days' imprisonment, or both, 
 is imposed.
 
 BURGLARY. 21 
 
 BURGLARY. 
 
 Whoever, in the night season, maliciously and forcibly 
 breaks and enters any dwelling-house, kitchen, etc., church, 
 school-house, barn, railroad car, etc., with intent to commit a 
 felony or to steal property of any value, shall be imprisoned in 
 the penitentiary not more than ten years nor less than one year. 
 
 To constitute burglary the breaking and entering must take 
 place in the night time, and the indictment must distinctly 
 charge that it was done in the night time. See "Night" in 
 Definitions. . 
 
 No great amount of force is necessary. The turning of a 
 knob of a door that is closed but not locked, and pushing it 
 open, however easily or gently, will be a forcible entry. Push- 
 ing open a closed transom that was not fastened is sufficient to 
 constitute a breaking under the Ohio Statute. But if a door is 
 left partly open or a window partly raised and the defendant 
 enters by pushing open the partly open door or by further 
 raising the window that is already a little up, it will not consti- 
 tute burglary. The act of leaving the windows and doors in 
 this condition is considered such negligence or folly on the part 
 of the owner of the building, as to induce or tempt a stranger 
 to enter. 
 
 Maliciously entering in the day-time or night season any 
 dwelling-house, etc., as above, and attempting to commit a 
 felony, is punished by imprisonment in the penitentiary for 
 from one to two years. 
 
 Maliciously breaking and entering any dwelling, etc., as 
 above, with intent to steal, is punished by a fine not exceeding 
 three hundred dollars and imprisonment not more than sixty 
 days. 
 
 Unlawfully breaking and entering any mansion, house, etc., 
 as above, in the night season, and committing or attempting to 
 commit any personal violence, is punished by a fine not ex-
 
 22 THE LAW OF CRIME. 
 
 ceeding three hundred dollars and imprisonment not over 
 thirty days. 
 
 If in the day-time, the punishment is a fine of not over one 
 hundred dollars and imprisonment not over twenty days. 
 
 EMBEZZLEMENT. 
 
 The statutes of Ohio distinguish in the punishment of this 
 crime between embezzlement of public funds by public officers 
 and embezzlements by agents and employes of private parties. 
 The latter is punished exactly as a larceny of the same value. 
 The statute is very full and explicit in regard to embezzle- 
 ments by public officers, including every species of valuable 
 thing, and covering every possible form of conversion to per- 
 sonal use. The punishment is imprisonment in the peniten- 
 tiary from one to twenty-one years, and a fine in double the 
 amount of money or other property embezzled, which fine 
 operates as a judgment at law on all of the estate of the party 
 sentenced, and may be enforced to collection by execution or 
 other process, for the use only of the owner of the property so 
 embezzled. The public officer, to be convicted under this 
 statute, must be one "charged with the collection, receipt, 
 safe-keeping, transfer or disbursement of the public money, or 
 some part thereof, belonging to the State-, county, township, 
 municipal corporation or board of education." 
 
 A county auditor does not come under this section, as he 
 is not charged with the possession and custody of money with- 
 in the meaning of the statute. 
 
 As stated above, if the embezzlement is by a private agent 
 or employe, the offense is punished the same as a larceny of 
 the same amount. 
 
 REMOVING MORTGAGED PERSONAL PROPERTY. 
 
 If a person mortgages personal property, retaining posses- 
 sion of it, and removes any of it out of the county without the
 
 LARCENY. 23 
 
 consent of the mortgagee, or secretes or sells it, or converts it 
 to his own use with intent to defraud, he is fined, in this State, 
 not more than five hundred dollars, or imprisoned not more 
 than three months, or both. 
 
 Killing, or injuring, or poisoning domestic animals belong- 
 ing to another, or taking and using without leave, is punished 
 by fine, or imprisonment, or both. 
 
 LARCEXY. 
 
 "Whoever steals anything of value is guilty of larceny and 
 shall, if the value of the thing stolen is thirty-five dollars or 
 more, be imprisoned in the penitentiary not more than seven 
 years or less than one year, or, if the value is less than that 
 sum, be fined not more than two hundred dollars, or impris- 
 oned not more than thirty days, or both." O. Rev. Stat., 6856. 
 
 Some fine points arise in determining what constitutes a 
 larceny. The felony lies in the very first act of removing the 
 article, with felonious intent. If the thief, for an instant, ob- 
 tain entire and absolute possession of the thing, the larceny is 
 committed, although he may not subsequently remove it from 
 the premises. A thief was on trial fof stealing money from a 
 drawer and the judge charged the jury that "If he had ac- 
 tually taken the money into his hand, and lifted it from the 
 place where the owner had placed it, so as to entirely sever it 
 from the spot where it was placed, with the intention of steal- 
 ing it, he would be guilty of larceny, though he may have 
 dropped it into the place in which it was lying, upon being 
 discovered, and never have taken it out of the drawer." Held 
 by the Supreme Court in Eckels vs. State, 20 Ohio State, 608, 
 that this charge is correct. 
 
 Another difficult point arises in connection with lost prop- 
 erty. If the finder, at the time of finding it, has reasonable 
 ground to believe, from the nature of the property or the cir- 
 cumstances under which he found it, that, if he does not con-
 
 24 THE LAW OF CRIME. 
 
 ceal but deals honestly with it, the owner will appear or be as- 
 certained, he will be guilty of larceny, if, at the time of taking 
 the property into his possession, he intends to steal it. See 
 "Law of Finding." 
 
 A partner can not steal partnership propert}-. 
 
 Carrying another's property away and concealing it, and 
 holding it for a reward to be offered for its return, is larceny in 
 this State. 
 
 A thief who steals property in one county and is found 
 with the property in another county, may be indicted and con- 
 victed in either county, but not in both. 
 
 Horse Steali?ig. This form of larceny is covered by a spe- 
 cial statute in Ohio, and also in many other States. The stat- 
 ute includes not only the thief but any one who receives or 
 buys a stolen horse knowing it to be such, or knowingly con- 
 ceals a horse thief, and prescribes a punishment of from one to 
 fifteen years in the penitentiary. Receivers of stolen property, 
 knowing it to be such, are deemed guilty of larceny and pun- 
 ished accordingly. 
 
 Stealing, destroying or secreting a will, either before or 
 after the death of the testator, is punished by from one to ten 
 years imprisonment in the penitentiary. 
 
 Maliciously obstructing a railroad, or displacing or injuring 
 anything pertaining thereto, with intent to endanger the pas- 
 sage of any locomotive or car, is punished by from one to 
 twenty years in the penitentiary. 
 
 MALICIOUS DESTRUCTION OF PROPERTY. 
 
 The malicious destruction of property not one's own, to the 
 value of one hundred dollars or more, is punished by from one 
 to seven years in the penitentiary; if less than that sum by a 
 fine of not more than five hundred dollars, or imprisonment 
 not more than thirty days, or both.
 
 MALICIOUS DESTRUCTION OF PROPERTY. 25 
 
 A special statute covers malicious destruction of trees and 
 crops: thirty-five dollars or over, one to three years in the pen- 
 itentiary; under that from five to one hundred and fifty dollars 
 fine, or one to thirty days' imprisonment. There are other 
 minor offenses against property, most of which come under the 
 head of trespass, and are punished by various fines or impris- 
 onments.
 
 CHAPTER V. 
 
 Offenses Against Public Peace. 
 
 DUELING. 
 
 PRINCIPALS and seconds in duels, also he who challenges 
 or accepts a challenge to fight a duel, or he who know- 
 ingly is a bearer of such challenge, all are punished by 
 from one to ten years in the penitentiary. 
 
 PRIZE FIGHTING. 
 
 A principal in a fight is punished by from one to ten years 
 in the penitentiary. Those who aid or assist or attend a prize 
 fight, including backer, trainer, second, umpire or referee, as- 
 sistant or reporter, are fined from fifty to five hundred dollars 
 and imprisoned from ten days to three months. 
 
 In many other States the penalty is much lighter. 
 
 CARRYING CONCEALED WEAPONS. 
 
 "Whoever carries any pistol, bowie knife, dirk, or other 
 dangerous weapon, concealed on or about his person, shall be 
 fined not more than two hundred dollars, or imprisoned not 
 more than thirty days, and for a second offense, fined not more 
 than five hundred dollars, or imprisoned not more than three 
 months, or both." O. Rev. Stat., 6892. 
 
 It will be observed that this statute reads "whoever carries." 
 No one is excepted. A subsequent statute, however, Section 
 7317, Rev. Stat., says: 
 
 "Upon the trial of an indictment for carrying a concealed 
 weapon, the jury shall acquit the defendant if it be made to ap- 
 pear that he was at the time engaged in any lawful business, 
 calling, or employment, and that the circumstances in which 
 
 26
 
 . RIOT. 27 
 
 he was placed were such as to justify a prudent man in carry- 
 ing the weapon for the defense 6f his person, property, or 
 family." 
 
 RIOT. 
 
 When three or more persons assemble together to do an 
 unlawful act, or, being assembled, do an unlawful act as afore- 
 said, they are guilty of riot, and shall each be fined not more 
 than five hundred dollars, or imprisoned not more than thirty 
 days, or both, and shall give security for good behavior and to 
 keep the peace for one year. 
 
 It will be observed that three or more persons are necessary 
 to constitute a riot. The necessary elements of riot are : 1 . An 
 unlawful assembling, or if lawfully assembled, then an unlaw- 
 ful and riotous agreement, then and there to do an unlawful 
 act. A sudden quarrel or fight in a lawful assembly, as a thea- 
 ter or church, is not a riot, but an affray, but if they form into 
 parties, upon a dispute arising, with promises of mutual assist- 
 ance either express or implied, then the lawful assembly is 
 turned into a riot. 2. Actual violence and force must be proved, 
 or such conduct as is calcinated to strike terror to the public 
 mind. 3. The parties must assemble of their own authority. 
 If they are assembled by authority of the law they may use 
 any necessary force to enforce their mandate. 4. To convict, 
 it must be proved that the defendants were present and actually 
 participated in the disturbance. The law of riot is practically 
 the same in all the States. 
 
 Willfully disturbing any lawful meeting is punished in Ohio 
 by fine and imprisonment.
 
 CHAPTER VI. 
 
 Offenses Against Public Justice. 
 
 PERJURY. 
 
 WHOEVER, either verbally or in writing, on oath law- 
 fully administered, willfully and corruptly states a 
 falsehood, as to any material matter, in a proceeding 
 before any court, tribunal, or officer created by law, 
 or in any matter in relation to which an oath is authorized by 
 law, is guilty of perjury, and shall be imprisoned in the peni- 
 tentiary not more than ten years, nor less than three years." 
 O. Rev. Stat., 6897. 
 
 An incompetent witness may be lawfully convicted of per- 
 jury if the court at which he testifies falsely has jurisdiction of 
 the subject matter and the parties. 
 
 If the oath is unlawfully administered, or by one having no 
 authority to administer oaths, there can be no perjury. 
 
 The false testimony must be as to matter material to the is- 
 sue. It was testified in an action of trespass for assault and 
 battery that it was committed "near the plaintiffs door, on a 
 mill-road running by there." An attempt to make perjury on 
 the ground that "there was no mill-road within twenty yards," 
 failed, as it was held the place was not material and the word 
 near might reasonably mean twenty yards. False testimony 
 before a marriage license clerk of the Probate Court is perjury. 
 
 SUBORNATION OF PERJURY. 
 
 This is the act of procuring or persuading another person 
 to commit perjury. Under the act relating to aiders and abet- 
 tors it is punishable in Ohio the same as perjury. 
 
 28
 
 BRIBERY 29 
 
 It is necessary to this crime that the defendant have a 
 knowledge or belief not only that the witness will swear to 
 what is untrue but that he will do so corruptly and knowingly. 
 There must be a clear preponderance of evidence in favor of 
 the prosecution in order to justify a jury in convicting of per- 
 jury. The mere belief of a witness will not be sufficient to 
 convict. There must be more evidence than the testimony of 
 one reliable witness to establish perjury, although the corro- 
 borative testimony need not be of sufficient force to equal the 
 positive testimony of another witness, nor such as would re- 
 quire a jury to convict in a case in which one witness is enough, 
 but as before stated there must be a clear preponderance of the 
 evidence in favor of the prosecution. 
 
 If the defendant was greatly intoxicated at the time of the 
 transaction, concerning which he is charged with swearing 
 falsely, it is proper to submit this fact to the jury to aid them 
 in determining whether the accused knowmgly testified falsely. 
 
 FALSELY PERSONATING ANOTHER. 
 
 Falsely personating another before any court of record or 
 judge thereof, or justice of the peace, or^officer authorized to 
 acknowledge deeds, grant marriage licenses, etc., with intent to 
 defraud, is punished by from one to six years in the penitentiary. 
 
 BRIBING JURORS. 
 
 Whoever bribes a juror, referee, or appraisor, or any juror, 
 referee, appraisor, etc., who accepts a bribe to influence his 
 decision, shall be fined not more than five hundred dollars, or 
 imprisoned not more than sixty days, or both. 
 
 BRIBING OFFICERS. 
 
 Whoever corruptly gives, promises, or offers to any public 
 officer any valuable thing or service to influence him in his of- 
 ficial duty, or any public officer soliciting or accepting any 
 valuable thing to influence him, shall be imprisoned in the
 
 30 THE LAW OF CRIME. 
 
 penitentiary not more than five years, or fined not more than 
 five hundred dollars, or both. A person convicted of this crime 
 is disqualified from holding any public office or appointment 
 under the State. 
 
 Compounding Felonies is a misdemeanor that is punished in 
 Ohio by a fine ranging from twenty-five to three hundred dol- 
 lars, or imprisonment for from ten to ninety days, or both. The 
 crime consists in demanding or receiving any money, or thing 
 of value, for compounding, or abandoning, or agreeing to aban- 
 don any prosecution threatened or commenced for any crime or 
 misdemeanor. This law does not prevent any owner or agent 
 from receiving back money or property stolen or embezzled 
 from him. 
 
 Aiding an Escape of a prisoner confined for felony is pun- 
 ished by from two to three years in the penitentiary ; if confined 
 for misdemeanor, by a fine of from fifty to five hundred dollars, 
 or not more than three months imprisonment, or both. 
 
 EXTORTION. 
 
 Any officer under the constitution or laws of the State, who 
 knowingly demands, .asks or receives any fee or reward, other 
 than allowed by law, to do his official duty, or knowingly 
 charges or receives any more or greater fees than allowed by 
 law for such official duty, or permits others in his employ to 
 do so, shall be fined not more than two hundred dollars or im- 
 prisoned not more than twenty days, or both. 
 
 An officer convicted of this offense forfeits his office, and is, 
 for seven years, incapable of holding any office of honor, profit 
 or trust in the State. 
 
 A notary who, knowingly, does any act as notary after his 
 term has expired, shall be fined not more than five hundred 
 dollars.
 
 CHAPTER VII. 
 
 Offenses Against Public Health. 
 
 NUISANCES. 
 
 SEE definition. Nuisances are public and private. If the 
 thing complained of affects only one person or family it 
 is a private nuisance; if it is an offense to the whole 
 neighborhood it is public. 
 The fine in Ohio for keeping a nuisance is five hundred 
 dollars or less. The statute is especially directed to those 
 nuisances which are injurious to public health, as buildings, 
 trades or filth occasioning noxious exhalations or noisome 
 smells, or impeded water-ways, etc. 
 
 Throwing dirt into rivers, lakes and ponds, obstructing 
 ditches or drains and befouling wells or springs are all pun- 
 ished by fine or imprisonment 
 
 Selling diseased, stale, unwholesome or corrupt meat, or 
 provisions is punished by fine and imprisonment. 
 
 ~i
 
 CHAPTER VIII. 
 
 Offenses Against Public Policy. 
 
 PUBLISHING A LOTTERY. 
 
 PUNISHED by a fine of one hundred dollars. 
 Selling Lottery Tickets. Fine not over five hundred 
 dollars, or imprisoned not more than six months, or both. 
 Promoting Lotteries. The owner, agent, etc., or one 
 who sets on foot, carries on, backs, etc., is fined from fifty to 
 five hundred dollars and imprisoned from ten to ninety days. 
 
 GAMBLING. 
 
 Keeping or renting a room for gambling is punished by 
 fine of thirty to five hundred dollars, or imprisoned from ten 
 to thirty days, or both. 
 
 Common gamblers, upon conviction, are subject to a fine 
 of from fifty to five hundred dollars, and ten to ninety days' 
 imprisonment. 
 
 Betting on an election is punished by a fine of from five to 
 five hundred dollars, or ten days' to six months' imprisonment. 
 Prosecutions must be commenced within a year. This statute 
 is duplicated in most of the States and is openly and flagrantly 
 violated in all. 
 
 SELLING INTOXICANTS TO A MINOR. 
 
 This is punishable by fine, or imprisonment, or both. 
 
 CRUELTY TO ANIMALS. 
 
 The States nearly all punish cruelty to animals, and the 
 Ohio statute is very explicit. The punishment is a fine of 
 from five to two hundred dollars, or imprisonment not more 
 than sixty days, or both. In the large cities the law is quite 
 
 32
 
 GAME LAWS. 33 
 
 rigidly enforced by societies organized for the protection of 
 animals. 
 
 GAME LAWS. 
 
 Nearly all the States protect the game whose habitation is 
 in their territory. Each one should familiarize himself with 
 the game laws of his own State. 'They are essentially differ- 
 ent in the different States, because game that i$ found in one 
 may not be found in another. 
 
 State officers or agents are not permitted to have any inter- 
 est in any contract, directly or indirectly, for the purchase of 
 any property for the use of the State. Penalty is imprison- 
 ment in penitentiary for from one to ten years. 
 
 Superintendents of Public Works or others employed law- 
 fully to superintend the erection, etc., of any public building, 
 or to make any plan or specification therefor, or estimate the 
 cost thereof, who knowingly defraud the State in respect to 
 the work to be done, shall be imprisoned for from one to five 
 years. 
 
 Harboring a thief, or robber, knowing him to be such, is 
 punished by from one to seven years in the penitentiary. 
 
 MISCEGENATION. 
 
 Intermarrying or carnal intercourse between a pure white 
 and a negro, or person having a visible admixture of African 
 blood, subjects both to a fine of not more than one hundred 
 dollars, or imprisonment not more than three months, or both. 
 And the same punishment is meted out to the probate judge 
 who issues a license to such persons to marry, and to the min- 
 ister or officer who solemnizes such marriage. 
 
 VAGRANTS TRAMPS. 
 
 A vagrant in Ohio is a male person physically able to 
 work, who has not made reasonable effort to secure employ- 
 ment, or who has refused to labor at reasonable prices, and is 
 3
 
 34 THE LAW OP CRIME. 
 
 found begging or without any settled home. Vagrancy is sub- 
 ject to a fine not exceeding fifty dollars and hard labor in the 
 jail until the fine is paid, at the rate of seventy-five cents a day. 
 A tramp is a male person, not blind, who is found begging and 
 asking subsistence or charity outside the county in which he 
 usually lives. If a tramp enter a dwelling-house or yard with- 
 out the permission of the owner or occupant, or is found carry- 
 ing any fire-arms or dangerous weapon, or does or threatens 
 any injury to the person or property of another, he shall be 
 imprisoned in the penitentiary for from one to three years.
 
 CHAPTER IX. 
 Offenses Againsl Chastity and Morality. 
 
 BIGAMY. 
 
 SEE definition. Punishment in Ohio is one to seven years 
 in the penitentiary. The statute does not apply to any 
 person whose husband or wife has been absent continu- 
 ally for five successive years next preceding such mar- 
 riage without being known to such person to be living within 
 that time. Open and mutual consent to a present marriage, and 
 subsequent cohabiting as man and wife, constitutes a legal mar- 
 riage in this State and most others, and persons married in this 
 way, or by a person who had no authority to solemnize mar- 
 riages, if they afterward cohabited as man and wife, have been 
 convicted of bigamy for a second marriage while the first hus- 
 band or wife was living. 
 
 INCEST. 
 
 "Persons nearer of kin by consanguinity or affinity than 
 cousins, having knowledge of their relationship, who commit 
 adultery or fornication together, shall be imprisoned in the peni- 
 tentiary not more than ten years nor less than one year." O. 
 Rev. Stat., 70 ig. 
 
 Consanguinity means relationship by blood; affinity means 
 relationship by marriage. 
 
 I'jiiissio Seminis is an essential ingredient in the crime of 
 incest. The relation of stepfather and stepdaughter is within 
 the statute ; but this relationship is presumed to cease after the 
 termination of the marriage relation of the stepfather and the 
 stepdaughter's mother. In other words, cohabitation of a step- 
 
 35
 
 36 THE LAW OF CRIME. 
 
 father with his stepdaughter would not be incest if her mother 
 was either dead or divorced from her stepfather. 
 
 "A male person over seventeen years of age who has carnal 
 knowledge of an insane woman, not his wife, knowing her to 
 be insane, shall be imprisoned in the penitentiary not more 
 than ten nor less than three years." O. Rev. Stat., 7021. 
 
 ADULTERY AND FORNICATION. 
 
 "Whoever cohabits with another in a state of adultery or 
 fornication, shall be fined not more than two hundred dollars, 
 and imprisoned not more than three months." O. Rev. Stat., 
 7020. 
 
 It is not necessary that a woman with whom a man lives 
 and cohabits should be a married woman in order to render 
 him guilty of deserting his wife and living in a state of adultery 
 with her. He is guilty of adultery, and she, being unmarried, 
 of fornication. 
 
 Seduction under promise of marriage is punished by impris- 
 onment in the penitentiary not more than three years, or in the 
 county jail not more than six months. 
 
 The male must be over eighteen and the female under 
 eighteen years of age, and she must be of good repute for 
 chastity. 
 
 The defendant can not be allowed to prove specific acts of 
 illicit intercourse by the prosecutrix with other persons ; he can 
 only attack her character by proof of her general reputation. 
 The defendant is allowed to give in evidence previous acts of 
 carnal intercourse by the prosecutrix with himself, not for the 
 purpose of impeaching her character for chastity, but to show 
 that the criminal act charged was not committed under a prom- 
 ise of marriage. 
 
 A house of ill-fame is made a public nuisance by statute in 
 Ohio.
 
 OBSCENE LITERATURE. 37 
 
 OBSCENE LITERATURE. 
 
 Whoever sells or gives away, or has in his possession any 
 obscene, lewd, or indecent, or lascivious book, picture, model, 
 etc., or instrument or medicine for procuring abortion or pre- 
 venting conception ; or advertises the same for sale ; or writes 
 or prints, etc., or gives information where they can be obtained, 
 shall be fined not more than one thousand dollars, nor less than 
 fifty dollars, or imprisoned not more than one year, or both. 
 
 Sending any such literature by mail or carrying or convey- 
 ing it, knowing its character, is punished the same as above. 
 
 Advertising secret drugs for the use of females, or caution- 
 ing females against their use when in a state of pregnancy, or 
 publishing an account of any drug, or instrument for preventing 
 conception or procuring *abortion or miscarriage is punished as 
 above. 
 
 GRAVE ROBBING. 
 
 This crime is punished by from one to five years in the 
 penitentiary. Any one who assists in any surgical demonstra- 
 tion or anatomical dissection of any corpse so stolen, knowing 
 it to be so obtained, shall be fined from one hundred to one 
 thousand dollars, or imprisoned from six months to one year, 
 or both.
 
 CHAPTER X. 
 
 Offenses Against the Right of Suffrage. 
 
 BRIBERY. 
 
 OFFERING or receiving bribes for votes at any election 
 held under the laws of the State relating to primary 
 elections, is punished by a fine of from fifty to two 
 hundred dollars, or imprisonment for from one to six 
 months. 
 
 Bribing, intimidating or corrupting any elector at a public 
 election authorized by the laws of the*State, by giving or offer- 
 ing anything, or threatening any force to influence his vote, is 
 punished by a fine of not over five hundred dollars, and impris- 
 onment not over six months; and if it is a candidate and he 
 was elected at such election, he may upon conviction be re- 
 moved from the office by the court. 
 
 Voting, not being a resident of the State, or voting more 
 than once at the same election, is punished by from one to five 
 years in the penitentiary. 
 
 Voting, not being a resident of the county thirty days, is 
 punished by imprisonment in the penitentiary from one to 
 three years. 
 
 Voting, not being a resident of the voting precinct twenty 
 days, is punished by a fine and imprisonment in this and nearly 
 all the States. 
 
 Procuring another to cast an illegal vote, knowing he has 
 no right to cast it, is punished by a fine of from one to five 
 hundred dollars, and imprisonment for from one to six months. 
 
 But if a person brings another into another county for the 
 purpose of casting his vote there, knowing he is not qualified 
 
 38
 
 ILLEGAL VOTING. 39 
 
 to vote in such county, the crime is a felony, and is punished 
 by from one to five years in the penitentiary. 
 
 Deceiving an elector who can not read, as to his ticket, is 
 punished by from one to three years in the penitentiary. 
 
 A judge of an election is not allowed, after the counting of 
 the ballots has commenced, to postpone, or adjourn to another 
 place, or remove the ballot box from the place of voting or 
 from the custody or presence of all the judges of election, under 
 a penalty of one hundred to one thousand dollars fine, and ten 
 days imprisonment. 
 
 Judges of election who knowingly count any fraudulent 
 vote, if the same can be designated, along with the legal votes, 
 get from one to three years in the penitentiary. 
 
 Marking ballots to ascertain how any person votes, is pun 
 ished by a fine not over fifty dollars, and not over ten days im- 
 prisonment.
 
 CHAPTER XI. 
 Frauds and Forgery. 
 
 THE list of frauds punished by statute in this and other 
 States is so large that it is impossible to go into details 
 regarding each one. Some are felonies and some mis- 
 demeanors. We enumerate the most important and 
 give the grade of crimes. 
 
 Selling by false weights is a misdemeanor punished by fifty 
 dollars fine, or thirty days, or both. (For sake of brevity we 
 give the outside limit of fines and imprisonment, the judge 
 having the power to reduce the amount at his pleasure, unless 
 a minimum limit is given.) 
 
 Making or using false gas meters, five hundred dollars, or 
 thirty days, or both. 
 
 Taking illegal toll at a mill, twenty dollars and liable for 
 damages. 
 
 Selling article having forged stamp, one hundred dollars. 
 Making out a?id presc?iting false claims to public officers, if 
 the claim is for thirty-five dollars or more, from one to ten 
 years in the penitentiary; if less than that sum, two hundred 
 dollars, or thirty days, or both. 
 
 FALSE PRETENSES. 
 Obtaining property or signature by false pretense, if value 
 of property or mercantile paper to which signature is obtained 
 is thirty-five dollars or over, one to three years in the peniten- 
 tiary; if less than that sum, ten to one hundred dollars fine, or 
 ten to sixty days, or both. 
 
 This subject of false pretense is one of the most important 
 in the list of crimes. It is one perhaps more frequently prac- 
 
 40
 
 FALSE PRETENSES. 4 1 
 
 ticed than any other larcenous crime except larceny itself. A 
 false pretense, within the meaning of the statute, and also at 
 common law, must relate to a past event or an existing fact. 
 Any representation or assurance in relation to a future trans- 
 action is not included. There are three necessary elements 
 which an indictment must clearly state and charge in order to 
 hold one accused of obtaining property by false pretenses: i. 
 The making of some false pretense. 2. The obtaining thereby 
 from another person some item of money, goods, merchandise 
 or effects. 3. That the same was obtained with intent to 
 cheat or defraud the person from whom so obtained. If the 
 offense consists in obtaining the signature of a person to a note 
 or other evidence of indebtedness, the amount of the note and 
 not its value will determine the grade of the offense. For in- 
 stance, if A, by false pretense, procure the signature of B, who 
 is notoriously insolvent, to a promissory note, the crime would 
 be complete, although the note be worthless. The crime 
 would be a felony in Ohio if the amount of the note were 
 thirty-five dollars or more ; if less than that, misdemeanor. 
 
 A contract for the loan of money, induced by false pretenses 
 of the borrower, falls within the statute. 
 
 A partner who is guilty of fraud in the affairs of the part- 
 nership, is fined five hundred dollars, or imprisoned six 
 months, or both, and is liable to the party injured to the ex- 
 tent of his damage. 
 
 Selling or conveying land without a title, with intent to de- 
 fraud, is punished by from one to seven years in the peniten- 
 tiary. 
 
 Making fradulcnt transfers of property to defeat creditors, 
 twenty to five hundred dollars fine, or ten days, or both. 
 
 Executing and deliveri?ig false and fraudulent bills of 
 lading, receipts, schedules, etc., one to four years in the peni- 
 tentiary.
 
 42 THE LAW OF CRIME. 
 
 Executing and delivering false and fictitious warehouse re- 
 ceipts, one to three years in the penitentiary. 
 
 FORGERY. 
 
 (See definition.) The Ohio statute on the subject of forgery 
 is exhaustive and too lengthy to be given here in full. The 
 words used to cover the ground of "forging" are, "whoever 
 falsely makes, alters, forges, counterfeits, prints or photo- 
 graphs." The instruments subject to this crime are, "any 
 record, or other authentic matter, of a public nature, or any 
 license or certificate authorized by the laws of this State, or 
 any charter, letters patent, deed, lease, writing, obligatory, 
 will, testament, annuity, bond, covenant, bank-bill or note, 
 check, bill of exchange, contract or promissory note, or any 
 acceptance of a bill of exchange, or the number or principal 
 sum of any accountable receipt for any note, or any order, 
 warrant or request for the payment of money, or the delivery 
 of goods or chattels, or any acquittance or receipt for money 
 or goods, or any release of any debt, account, action, suit, de- 
 mand, or any plat of land, or transfer of money, stock or other 
 property, or any letter of attorney, or power to receive money, 
 or to receive and transfer stock or annuities, or to lease or con- 
 vey real or personal property of any kind, or any bill or war- 
 rant drawn by any auditor for the payment of money at any 
 public treasury," etc. It must be "with intent to defraud." 
 The statute includes the uttering or publishing of any such 
 false or forged matter, and makes the crime forgery, punish- 
 able by from one to twenty years in the penitentiary. 
 
 Cutting out the words "one dollar" from a bank note and 
 artfully substituting blank paper, on which is afterward writ- 
 ten "ten dollars," and substituting "ten" for "one" in the mar- 
 gin, with intent to defraud, is forgery under the Ohio statute. 
 
 An endorsement of a promissory note is the subject of forg- 
 ery in Ohio and perhaps in all the States.
 
 FORGERY. 43 
 
 Notes are sometimes signed in blank and marginal figures 
 entered to indicate the amount for which the note is to be filled 
 up. Where the person entrusted with filling up and negotiat- 
 ing the note changes the marginal figures and fills the note up 
 for a larger amount than was intended by the maker, it is no 
 forgery of the note. 
 
 A forged instrument was in the following form: "Wen. 
 19th. Mr. Davis: Pleas let the boy have $6.00 dolers for me. 
 B. W. Earl." This instrument is held to be prima facia an 
 order for the payment of money and therefore within the stat- 
 ute. Jones wanted to defraud Brown and procured Smith, an 
 innocent party, to sign Brown's name to a promissory note, by 
 falsely representing to Smith that Brown had authorized him 
 to do so. Held, that Jones was guilty of forgery. 
 
 A forged paper read as follows: "Mr. Westphal, pleas let 
 me have the loan of twenty dolers till Saturday nite. Frank 
 Hall." Held, that this is not an order or request for the pay- 
 ment of money within the meaning of the statute. The young 
 negro who perpetrated this clever swindle got sixty days in the 
 Cincinnati Work House and $100 fine for obtaining money 
 under false pretenses, the full extent of the law. 
 
 An indictment charged a person with forging a transfer of 
 a bill of exchange, which had not been endorsed by the payee, 
 by falsely endorsing thereon a stranger's name. The indict- 
 ment is bad, because if the endorsement were genuine it could 
 not operate as a transfer of the bill. This follows from the 
 rule of law which states that the forged instrument must be 
 such that, if genuine, either of itself or in connection with the 
 extrinsic facts averred, it would be valid to defraud or preju- 
 dice the rights of the party thus named. 
 
 The forged instrument should always be produced at the 
 trial, if possible, but if it has been lost, the prosecutor may 
 show the fact, and then he may produce secondary evidence of 
 the forged instrument.
 
 44 THE LAW OF CRIME. 
 
 Using the facsimile signature of the Governor of the State 
 to any paper purporting to be a public document, with intent 
 to defraud, is made forgery by special statute. Forging or al- 
 tering railroad or toll-bridge tickets, or having such in posses- 
 sion, with intent to defraud, is punished by not more than five 
 hundred dollars fine, or six months' imprisonment, or both. 
 
 Altering and defacing public documents, or abstracting or 
 concealing the same, is punished by a fine not exceeding three 
 hundred dollars, or not more than three months imprisonment, 
 or both. 
 
 Forging a brand, stamp or trade-mark usually affixed by any 
 person to his goods, wares, merchandise, etc., with intent to 
 palm off any goods, etc., to which such forged copy or likeness 
 is affixed as the goods, etc., of such person, is punished by a 
 fine of not more than five hundred dollars, or imprisonment 
 not more than twelve months, or both. 
 
 COUNTERFEITING. 
 
 Nearly all the States have laws providing for the punish- 
 ment of counterfeiting, but few cases come under the State 
 courts in late years, as all the money of the country, gold, silver 
 and paper, is issued under the direction and supervision of the 
 United States Government, and infractions of the United States 
 law against counterfeiting are always brought in the United 
 States courts. For this reason we will give the United States 
 law on the subject of counterfeiting. It is comprised in three 
 sections, one relating to counterfeiting national bank notes, one 
 to gold and silver coin, and one to the minor coins. 
 
 National Bank Notes. "Every person who falsely makes, 
 forges, or counterfeits, or causes or procures to be made, forged, 
 or counterfeited, or willingly aids or assists in falsely making, 
 forging, or counterfeiting, any note in imitation of, or purport- 
 ing to be in imitation of, the circulating notes issued by any 
 banking association now or hereafter authorized and acting
 
 COUNTERFITING. 45 
 
 under the laws of the United States; or who passes, utters, or 
 publishes, or attempts to pass, utter, or publish, any false, 
 forged, or counterfeited note, purporting to be issued by any 
 such association doing a banking business, knowing the same 
 to be falsely made, forged, or counterfeited, or who falsely alters, 
 or causes or procures to be falsely altered, or willingly aids or 
 assists in falsely altering any such circulating notes, or passes, 
 utters, or publishes, or attempts to pass, utter or publish as 
 true, any falsely altered or spurious circulating note issued, or 
 purporting to have been issued, by any such banking associa- 
 tion, knowing the same to be falsely altered or spurious, shall 
 be imprisoned at hard labor not less than five years, nor more 
 than fifteen years, and fined not more than one thousand dol- 
 lars." U. S. Rev. Stat., 5415. 
 
 Gold or Silver Coin. "Every person who falsely makes, 
 forges, or counterfeits, or causes, or procures to be falsely made, 
 forged, or counterfeited, or willingly aids or assists in falsely 
 making, forging, or counterfeiting any coin or bars in resem- 
 blance or similitude of the gold or silver coins or bars which 
 have been, or hereafter may be, coined or stamped at the mints 
 and assay-offices of the United States, or in resemblance or 
 similitude of any foreign gold or silver coin which by law is, or 
 hereafter may be made, current in the United States, or are in 
 actual use and circulation as money within the United States, or 
 who passes, utters, publishes or sells, or attempts to pass, utter, 
 publish, or sell, or bring into the United States from any foreign 
 place, or has in his possession, any such false, forged or counter- 
 feited coin or bars, knowing the same to be false, forged, or 
 counterfeited, shall be punished by a fine of not more than five 
 thousand dollars, and by imprisonment at hard labor not more 
 than ten years." U. S. Rev. Stat., 5457. 
 
 Minor Coins. The section in regard to minor coins is es- 
 sentially the same as the preceding, excepting as to the coun-
 
 46 THE LAW OF CRIME. 
 
 terfeiting of foreign coin current in this country, which is 
 omitted, and, as to the punishment, the fine shall not exceed 
 one thousand dollars, and imprisonment at hard labor not more 
 than three years. 
 
 Section 5430 provides for the punishment of any one who 
 may use the government plates to print notes except for the 
 government and by order of the proper officer; also for the 
 punishment of any one who may engrave, or cause to be 
 engraved, or assist in engraving any plate in the likeness of 
 any plate designed for printing government obligations or se- 
 curities; also for the punishment of any one who sells, or has 
 in his possession, or brings in from any foreign country, ex- 
 cept by lawful authority, any such plate ; also for the punish- 
 ment of any one who prints, or photographs or makes any im- 
 pression or print in the likeness of any such obligation or se- 
 curity; the punishment in all these cases is a fine not exceed- 
 ing five thousand dollars, or imprisonment at hard labor not 
 more than fifteen years, or both. This section has been re-en- 
 acted in substance by the Ohio Legislature. 
 
 Postage Stamps. Counterfeiting postage stamps, or stamps 
 on stamped envelopes, or on postal cards, is punished by a fine 
 not exceeding two thousand dollars, or imprisonment at hard 
 labor not more than five years, or both. 
 
 Mutilating Coins. Mutilating, defacing, impairing or light- 
 ening the gold or silver coins of the United States, or any for- 
 eign coins current in the United States, is punished by a fine 
 of not more than two thousand dollars, and imprisonment not 
 more than two years. 
 
 Gilding Coins. The State of Ohio has a law, Section 7100, 
 Revised Statutes, punishing the gilding of any coins passing 
 current in the State, so as to give it the appearance of any of 
 the gold coins of the United States, or any other gold coins 
 passing currently in this State, with intent to defraud, or pass-
 
 COUNTKRFITINC. 47 
 
 ing or putting into circulation any such false or gilded money, 
 knowing that it is not genuine. The punishment is imprison- 
 ment in the penitentiary not more than five years nor less 
 than one. 
 
 The State of Ohio also has a statute, Section 7101, provid- 
 ing for the punishment of any one who falsely makes, forges, 
 counterfeits or alters any stamp, note, bond, coupon, postage 
 or fractional currency, or other security, issued under the au- 
 thority of any act of Congress. The punishment is the same 
 as provided by the United States for the same offense, a fine 
 of not more than five thousand dollars, and imprisonment not 
 more than fifteen years. 
 
 This completes the list of the most important felonies and 
 misdemeanors. There are some others provided for by special 
 statute in this State, but as they are of a local character, prin- 
 cipally special acts relating to the conduct of State institutions, 
 or to the punishment of persons who, in some way, interfere 
 with public institutions or their inmates, they have no general 
 interest and are omitted. The definitions of crimes that we 
 have given will be found correct in all the States, and the 
 crimes themselves are of a general character, punishable by 
 the laws of all States, though the amount of punishment var- 
 ies in many instances. 
 
 We will next take up the relation of detective work to crime, 
 the duties of officers, the rights and privileges of private de 
 tectives and citizens, and endeavor to cover briefly so much ot 
 criminal procedure as it is important for constables, detectives, 
 sheriffs and all arresting officers, and in fact everybody, to 
 know.
 
 how to PRoeeeu 
 
 CHAPTER I. 
 
 PREVENTION OF CRIME. 
 
 IT is really more important to prevent crime than to punish 
 it. The principal object of punitive laws and institutions 
 is to protect society, and at the same time to work out as 
 far as possible, the reformation of the culprit himself; also 
 to have a restraining influence upon others, whose natural de- 
 pravity or stress of circumstances might incline them to the 
 commission of crime. 
 
 Sometimes the extreme gravity of the crime demands the 
 entire removal of the offender from society, as in the case of 
 murder in the first or second degree. In this case the reform- 
 ation of the criminal is dropped entirely out of view, and fhe 
 protection of society becomes a matter of supreme moment, 
 justifying in the eye of the law, the entire removal of the crimi- 
 nal either by death or life imprisonment. 
 
 These deterrent means of preventing crime are more success- 
 ful perhaps than would at first thought appear. 
 
 If punishment for infractions of the law were removed the 
 increase in crime would be appalling to contemplate. . At the 
 best these means of preventing crime are indirect and it must 
 be admitted that the positive processes of the law for the pre- 
 vention of crime are very few and of little force except in mis- 
 demeanors. The first and most important of the positive 
 measures of the law to prevent crime is the 
 
 48
 
 PEACE WARRANT. 49 
 
 PEACE WARRANT. 
 
 A peace warrant is an instrument issued in the name of the 
 State to the sheriff or any constable of the county, or if issued 
 by an officer of a municipal corporation, then to the marshal or 
 other police officer of such corporation, commanding him to 
 arrest the person complained of and to take him before the 
 magistrate issuing the warrant, or some other magistrate of the 
 same county, to answer the complaint. 
 
 The circumstances which justify the issuance of a peace 
 warrant, are a complaint made in writing, and upon oath before 
 a justice of the peace, mayor, or police judge, that the complain- 
 ant has cause to fear, and does fear, that another person named 
 will commit an offense against the person or property of him- 
 self, or of his ward or child. The magistrate must then issue 
 the warrant. 
 
 The officer charged with the arrest must bring the accused 
 before the magistrate, who will examine the complaint, hearing 
 all witnesses and the defendant upon oath, and if he is not sat- 
 isfied that there is just cause for the complaint he shall dis- 
 charge the accused and render judgment in favor of the State 
 against the complainant for the costs of the prosecution and 
 issue execution therefor. 
 
 The accused may waive trial before the magistrate and enter 
 into recognizance with security for his appearance at court. 
 The magistrate should, however, in this case investigate the 
 complaint far enough to satisfy himself as to the nature of the 
 offense it is feared will be committed with a view to fixing the 
 amount of bail. The amount fixed by law in Ohio is not less 
 than fifty and not more than five hundred dollars. The magis- 
 trate should be guided by the heinousness of the offense, the 
 probability that it will be committed if no bail is required, and 
 the ability of the accused to give bail. His object should be to 
 4
 
 50 HOW TO PROCEED. 
 
 preserve the peace and require such bail as in his judgment 
 under the circumstances will accomplish that end. 
 
 Having decided the amount of bail to be given, either after 
 full examination of the complaint or when the accused waives 
 trial, he shall commit the accused to jail if he fail to give the 
 requisite recognizance, to remain until discharged by due 
 course of law. 
 
 The accused is entitled to trial at the first term of court un- 
 less there is good cause for continuance. 
 
 If the complainant fail to prosecute the case in the upper 
 court the accused shall be discharged, or if upon a hearing 
 under oath the court is of the opinion that there is not just 
 cause for complaint, the accused shall be discharged and judg- 
 ment entered against the complainant for costs, and award 
 execution therefor. But if the court finds good cause for the 
 complaint, the accused shall be ordered to enter further se- 
 curity, for such time as may be just, to keep the peace and be 
 of good behavior, and judgment is rendered against him for the 
 costs, and execution awarded therefor. 
 
 A magistrate, mayor, or police judge may, without process 
 or other proof, order any one to give security to keep the peace, 
 who creates a disturbance in his presence, or threatens to beat 
 or kill another, or contends with hot and angry words. 
 
 Any person convicted of a misdemeanor may be required 
 by the court to enter into recognizance to keep the peace for 
 such time as the court may direct, not exceeding two years. 
 
 Threatened Prize Fight. Any sheriff, constable, marshal 
 or police officer who has reason to believe that any one is about 
 to engage in a prize fight in his bailiwick, either as principal 
 or second, shall forthwith arrest him and take him before a 
 judge of the common pleas, or magistrate, where a hearing 
 shall be had as before described, and if the compkint is found 
 true, the accused shall enter into a recognizance, with sureties
 
 SEARCH WARRANT. 5 I 
 
 in a sum not less than five hundred, and not more than ten 
 thousand dollars, that he will not engage in any such fight 
 within one year, in this State or elsewhere. If he fails to give 
 the bail he must go to jaii, but may be released upon *>is own 
 recognizance in a similar amount after one month's confine- 
 ment. 
 
 SEARCH WARRANT. 
 
 There are four objects for which a magistrate, mayor, or 
 police judge, may issue a warrant ordering an officer to search 
 any house or place : 
 
 1. For property stolen, taken by robbers, embezzled, or ob- 
 tained under any false pretense. 
 
 2. For forged or counterfeit coins, stamps, imprints, labels, 
 trade-marks, bank bills, or other instruments of writing, and 
 dies, plates, stamps, or brands for making the same. 
 
 3. For books, pamphlets, ballads or printed papers, contain- 
 ing obscene language, prints, pictures, or descriptions, mani- 
 festly tending to corrupt the morals of youth, and for obscene, 
 lewd, or indecent, or lascivious drawings, lithographs, engrav- 
 ings, pictures, daguerreotypes, photographs, stereoscopic views, 
 models, or casts, and for instruments or articles of indecent or 
 immoral use, or instruments, articles, or medicines for procur- 
 ing abortion, or for the prevention of conception, or for self- 
 pollution. 
 
 4. For any gaming table, establishment, device, or appara- 
 tus kept or exhibited for the purpose of unlawful gaming, or to 
 win or gain money or other property, and for any money or 
 property won by unlawful gaming. 
 
 An Affidavii Necessary. Before a magistrate or other 
 officer issue a search warrant there must be filed with him an 
 affidavit, particularly describing the house or place to be 
 searched, the person to be seized, and the things to be searched 
 for, and alleging substantially the offense in relation thereto,
 
 52 HOW TO PROCEED. 
 
 and stating that affiant believes, and has good cause to believe, 
 that such things are there concealed. 
 
 The search-warrant is sometimes a very effective method 
 of preventing crime, as it oftentimes secures the implements 
 with which crime is committed and thus prevents their fur- 
 ther use. 
 
 The warrant should contain a copy of the affidavit. 
 
 The accused has a right to have the warrant and affidavit 
 read to him. The warrant should order the search to be made 
 in the day-time, unless there is urgent necessity for a search 
 in the night, in which case a search in the night may be or- 
 dered. The warrant must say whether the search is to be 
 made in the day or night. 
 
 If the search discovers the articles desired, they are kept 
 by the magistrate issuing the warrant as evidence. 
 
 If the accused is discharged, the articles taken shall be 
 returned to him; if convicted, they shall be returned to the 
 proper owner if stolen, and the other things destroyed under 
 direction of the court. 
 
 For right to break doors see same subject under Arrest. 
 
 These two instruments, the peace-warrant and the search- 
 warrant, are almost the total machinery of any State for the 
 active and direct prevention of crime.
 
 CHAPTER II. 
 
 WHO MAY ARREST. 
 
 ARRESTS are made with and without warrants. The 
 general rule of law in all the States is set forth in the 
 Ohio Statute, Section 7129: "A sheriff, deputy sheriff, 
 constable, marshal or deputy marshal, watchman or 
 police officer, shall arrest and detain any person found violat- 
 ing any law of this State, or any legal ordinance of a city or 
 village until a legal warrant can be obtained." 
 
 It will be observed that this statute relates to the arrest of 
 a person found in the act of violating a law. If an officer finds 
 a person in possession of an article which he has stolen previ- 
 ously, that will be in the law a sufficient finding of him in the 
 act of committing a larceny, and he may be arrested without a 
 warrant. But the officer must know, of his own knowledge, 
 that the article is stolen. It will not do for another to tell 
 him. He can not act on that. But if the thief admit that the 
 article is stolen, he may arrest him without warrant. A full 
 and interesting discussion of this subject will be found in 
 Judge Mathews' charge to the jury in the Belch case, which is 
 given in another place. 
 
 If an officer is resisted by the person whom he is attempt- 
 ing to arrest, the amount of force he may use depends upon 
 the grade of the crime for which he is arresting the person. 
 If the crime committed is a felony, all the force necessary to 
 effect the arrest may be used, even to shooting, and if the 
 criminal is killed, it will be his own fault. It must be abso- 
 lutely necessary, however, to shoot to effect the arrest in order 
 to justify the officer in doing so. 
 
 53
 
 C4 HOW TO PROCEED. 
 
 In this connection three questions of importance arise: 
 i . When an officer may arrest without a warrant. 
 
 2. What constitutes finding a person in the act of violating 
 the law. 
 
 3. When may an officer shoot at an escaping prisoner. 
 
 Early in the year 1887 a case came up in the courts of Cin- 
 cinnati that beautifully illustrates the law on these points, and 
 we think students of this subject will be benefited and inter- 
 ested by the charge of Judge Samuel R. Mathews to the jury 
 in the case. 
 
 The circumstances were as follows: Kendrick L,. Belch was 
 a policeman, belonging to the Cincinnati Police Force. A col- 
 ored man named Brown had stolen a coat in Kentucky from a 
 man named McBee, and brought it into Ohio. Belch, while in 
 the regular performance of his duty, undertook to arrest Brown 
 for the larceny of the coat without a warrant. Brown fled and 
 Belch shot and wounded him with a mortal wound from which 
 he died. Belch was arrested and put upon trial for man- 
 slaughter. Following is the most important part of Judge 
 Mathews' charge to the jury before they retired to make up 
 their verdict. 
 
 JUDGE MATHEWS' CHARGE. 
 
 "The act complained of on behalf of the State is the firing 
 of a pistol loaded with ball at the person of James Bro am by 
 the defendant, Belch, under circumstances which the law did 
 not justify him in doing. After that act of the defendant is 
 shown by the evidence and found and ascertained by the jury, 
 the question of whether or not it was an unlawful act is for the 
 court to determine, under the laws of the State. And I will 
 say to you, right here, that if the shooting of a pistol loaded 
 with ball at the person of James Brown, by this defendant, is 
 proved to your satisfaction or is admitted on all hands, and if 
 death resulted from the wound received from that pistol ball,
 
 JUDGE MATHEWS' CHARGE. 55 
 
 then, unless the defendant was acting in some way or in some 
 capacity authorized by law to justify him in firing that pistol 
 at him, under the circumstances, then the crime is made out, 
 and it will be your duty to find him guilty of manslaughter as 
 charged. 
 
 "Now there are two defenses suggested in the evidence and 
 the arguments of counsel, in case the jury should find that the 
 act complained of was committed, which, it is claimed, justified 
 the defendant in discharging his pistol at Brown at that time. 
 
 "The first is, that the defendant was acting in his just ^nd 
 necessary self-defense at the time he fired the pistol and in- 
 flicted the wound. 
 
 "The second is, that whether that be so or not, he was 
 a police officer of the City of Cincinnati at that time, and, as 
 such, duly authorized to arrest offenders against the laws of 
 the State and offenders against the municipal ordinances of the 
 city; that he was on duty at that time; that he wore the insig- 
 nia of his office, to-wit, his uniform and his badge, visible to all 
 persons. That he undertook, to arrest Brown, the deceased, for 
 a crime known to the laws of the State of Ohio; that he did, in 
 fact, arrest him, and that Brown attempted to escape from that 
 arrest and fled, and that thereupon he was justified in firing at 
 him for the purpose of resuming his arrest and recapturing his 
 person in order to subject him to criminal prosecution for a i 
 charge against the laws of the State of Ohio." 
 
 Then followed a definition of self-defense and when it justi- 
 fies a homicide, the substance of which is that it is only in a case 
 wherein the slayer, in the careful and proper use of his facul- 
 ties, in good faith believes and has reasonable grounds to be- 
 lieve that he is in imminent danger of death or great bodily 
 harm at the hands of the person slain, and this must be shown 
 to the jury by the one who seeks to justify himself on this 
 ground by a fair preponderance of the testimony.
 
 56 HOW TO PROCEED. 
 
 Then the court took up the questions for the elucidation of 
 which we introduce this charge here : 
 
 "The next question raised by the defense is this: That 
 Brown, having been charged by McBee with the crime of lar- 
 ceny, and his arrest having been requested of this defendant, 
 who was then a police officer on duty on that beat, that the 
 defendant undertook to arrest Brown in order to subject him 
 to prosecution for that offense. 
 
 "And the question has been raised here as to the legality 
 of the arrest, if an arrest was made. Whether an arrest was 
 made by the defendant of Brown or not, is a question of fact 
 for you, under certain principals of law to which I will call 
 your attention in a moment. But the question of law has been 
 raised. The State claims that for the offense charged the 
 officer had no right to arrest Brown without a warrant. And 
 it was confessed that no warrant had been issued for the arrest 
 of Brown. 
 
 "The law of this State is found in the code regulating crim- 
 inal procedure (Sections 7129 and 7130), and declares that a 
 Sheriff, Deputy Sheriff, Constable, Marshal- or Deputy Mar- 
 shal, watchman or police officer shall arrest and detain any 
 person found violating any law in this State, or any local 
 ordinance of a city or village, until a legal warrant can be 
 obtained. That, you will observe, gentlemen, authorizes the 
 officers named in it and that includes a police officer of 
 the City of Cincinnati, in which capacity this defendant 
 was acting at the time to arrest and detain any person 
 found violating any law in this State or any local ordinance of 
 a city or village, that detention to last until a legal warrant can 
 be obtained. The violation of the law requires, gentlemen, 
 that in making arrests, as a general rule, a warrant must be 
 first obtained, duly issued by the officers intrusted by the law 
 of the State with that duty, and that warrant can only issue
 
 JUDGE MATHEWS' CHARl 57 
 
 upon an affidavit being filed before that officer, stating and 
 showing to the satisfaction of that officer that an offense 
 against the laws of the State has been committed by the per- 
 son named in it. That is the general rule. Every person 
 charged with crime must be arrested under a warrant of that 
 kind, obtained upon an affidavit issued by a magistrate or 
 other officer authorized by law to issue warrants; and the 
 issuance of the warrant is not a matter of right, because it is 
 made the duty of the officer before whom that affidavit is filed 
 and to whom application is made to issue a warrant to examine 
 to see whether or not there is probable reason to believe that 
 an offense has been committed before he is required to, or, in- 
 deed, justified in issuing a warrant. 
 
 " There are, however, certain exceptions to that general rule, 
 and one of them is contained in the section to which I called 
 your attention: That these officers, among whom police offi- 
 cers of the City of Cincinnati are in which category the de- 
 fendant is found shall arrest and detain any person found 
 violating the laws of the State, or a local ordinance of a city or 
 village. What does it mean, gentlemen? In what cases has a 
 police officer the right to arrest without a warrant? Because the 
 right to arrest, under that section, is as broad as the law. It is 
 not confined to any particular class of cases, as felonies and mis- 
 demeanors. Our law divides all classes of criminal offenses 
 into two classes, felonies and misdemeanors. Felonies are those 
 offenses which the Legislature has provided punishment for by 
 confinement in the State Penitentiary, or death, as in the case 
 of murder in the first degree. 
 
 "Misdemeanors are all offenses for which a less punish- 
 ment than that is provided. Now, an officer named in Section 
 7129 has power to arrest in the case there supposed, even for a 
 misdemeanor, as well as felony, and for all violations of the or- 
 dinances of the city; but it is only in case that a person is
 
 58 HOW TO PROCEED. 
 
 found violating one, and that is found by himself, which, in 
 the old law, was clear, actual view. In other words, if an 
 officer saw a person committing a crime against the laws of 
 the State, whether it was a felony or a misdemeanor, or against 
 the ordinance of the city, he had power to arrest him without 
 a warrant, because he was found committing it. It is not 
 claimed, however, in this case, that this defendant found this 
 Brown in the commission of any offense at the time he un- 
 dertook to arrest him, if he undertook to arrest him at 
 the time he first went to the saloon in question. The al- 
 legation on behalf of the defendant is that the crime with 
 which Brown was charged was the stealing of a coat, the 
 value of which has been put by the man who claims to have 
 owned it at $6 or $7, and that that coat was brought by Brown 
 into the State of Ohio, and that, therefore, there was an offense 
 committed by Brown in the State of Ohio. The law with re- 
 gard to that, gentlemen, is this: If a man steals in the State of 
 Kentucky an article of personal property, he is guilty of lar- 
 ceny there. If he brings it into Ohio, and remains in posses- 
 sion of it in Ohio, he is guilty of larceny in Ohio as well, that 
 being what we call a 'continuous larceny.' He is guilty of 
 possession in Ohio, which is equivalent to the original stealing. 
 "Larceny is divided by the law of this State into two kinds, 
 grand and petit. Grand larceny is where the amount stolen is 
 $35 or upward, and petit larceny is where the amount stolen 
 is below that. Grand larceny is a felony and petit larceny is 
 a misdemeanor under the laws of this State. Now I charge 
 you, with regard to the validity of the arrest on that charge by 
 this defendant, that information merely conveyed to him was. 
 not sufficient to warrant him in making an arrest, without a 
 warrant duly issued from the proper officer. But if he found 
 this man in possession of a coat that would be sufficient finding 
 by him of Brown in the commission of petit larceny within
 
 JUDGE MATHEWS CHASGB. 59 
 
 this State, and would justify him in arresting him. That is a 
 question of fact for you to determine, gentlemen, whether he 
 acted simply upon information conveyed to him by those 
 colored men, McBee and the other, who made complaint, or 
 whether he had any information other than that, which would 
 enable him to say that he saw or found Brown in the commis- 
 sion of that offense of stealing the coat. If he did not, if he 
 acted merely upon the information of these outsiders, no mat- 
 ter whether that information was correct or incorrecl, he had 
 no right to make the arrest without a warrant. 
 
 "It is not necessary that the defendant should have actually 
 seen the goods, or that they should have been in the manual 
 possession of Brown at that time. It is sufficient if Brown 
 brought them into the State of Ohio, and had them in his con- 
 structive possession. If he had them in his room, where he 
 slept, or if he had them in any other place where they were 
 subject to his control, they were just as much in his possession, 
 in contemplation of law, to render him guilty of larceny, as 
 they would be if he had the coat in his arms or on his back. 
 The officer had no need to see Brown in actual possession, if 
 he knew from Brown's statement, or from the facts that existed 
 there, not from the mere statement of the prosecuting witness 
 in such a case as that, but if he had knowledge of his own 
 because the statute authorized him only to act upon his own 
 knowledge. If he had knowledge that Brown was in posses- 
 sion, it is not necessary that the goods be actually there. 
 
 "For instance, if Brown should have confessed to the offi- 
 cer that the goods were in the State of Ohio ; that he had stolen 
 them in the State of Kentucky and brought them to the State 
 of Ohio, and that they were still here subject to his order and 
 control, it would be sufficient to find him in the actual perpe- 
 tration of the crime, within the meaning of this statute, and to 
 authorize him to make the arrest.
 
 60 HOW TO PROCEED. 
 
 "You will observe, gentlemen, that I have said to you that 
 if the value of the clothes as sworn to and that is a question 
 of fact for you to find was under $35, the crime, if it was a 
 crime in the State of Ohio, was that of petit larceny, which is a 
 misdemeanor in this State. It is alleged, and there is testi- 
 mony tending to show that when the officer showed himself in 
 pursuance of a former agreement entered into between him and 
 the complaining men, McBee and his friend, in this saloon, that 
 Brown took to his heels and attempted to escape, went out the 
 side door into the hall, court, or area, and back through a pas- 
 sageway which has been described to you and which you have 
 had an opportunity of seeing I have not out onto the street 
 in the rear of these premises, where the final scene took place. 
 That upon this flight the officer pursued, upon which the man 
 Brown took a bar which served as a fastening for that door, 
 and, as is claimed by counsel in the argument, committed an 
 assault upon the defendant by throwing that bar at him. You 
 have heard the evidence upon that subject, gentlemen. Whether 
 or not that bar was thrown by Brown at the defendant with the 
 view to striking him, or whether it was simply taken out of its 
 place as a fastening to the door and dropped upon the floor, in 
 order to make his exit you will determine that fact. If you find, 
 however, that Brown simply took it out and dropped it, that 
 was no assault. If he threw it at the defendant with the intent 
 to strike him, and was within striking distance, then it was 
 what in law is called an assault, even though the defendant was 
 not struck. But an assault on a man is, in itself, a misdemean- 
 or, and not a felony. That is, it is not punishable by impris- 
 onment in the penitentiary, but only by confinement in the 
 work-house. Bear this distinction in mind, gentlemen, because 
 it becomes important after a while. 
 
 "It is then stated in evidence, with what truth you are to 
 determine, that after Brown started out the door, running, the
 
 JUDGE MATHEWS' CHARGE. 6 1 
 
 defendant followed him in a run, pursuing him; that as Brown 
 made his way through the yard in order to get out the rear, he- 
 had to ascend a small flight of steps; that on top of them, or at 
 the bottom of them, I don't know which, he slipped and fell, 
 and that when he fell the defendant caught up to him and put 
 his hand upon him, and then it is claimed, on behalf of the de- 
 fendant, that he arrested him. An arrest, gentlemen, in law is 
 the taking into custody a person in pursuance of a legal com- 
 mand or authority. Mere spoken words will not constitute an 
 arrest, there must be something in the way of physical con- 
 straint, though it is enough if the party making the arrest may 
 touch the other, even with the end of his finger. 
 
 " When he came to the steps it is claimed that when the 
 man was down the officer put his hand upon him, and that 
 Brown produced a razor and threw it at the defendant. There 
 is a question of fact that you will have to determine. In the 
 first place, did he throw such razor? H so, with what intent 
 and under what circumstances? If he threw it at him under 
 circumstances which justify you in believing that he intended 
 to kill the defendant or to inflict a wound upon him ; if, from 
 consideration of the nature of the instrument and the manner 
 in which it was thrown, you come to the conclusion that it was 
 thrown by Brown, and it was thrown with intent either to 
 wound or to kill the defendant, then it was a felony committed 
 by Brown. Because an assault with an intent to kill or wound 
 is punishable by imprisonment in the State Penitentiary, and 
 is, therefore, a felony. And these distinctions are important, 
 gentlemen, to keep in view, to determine what the right of the 
 defendant was in pursuing Brown and firing this shot at him. 
 If he pursued him simply to recapture him, take him into 
 custody, for the purpose of making him answer to the alleged 
 larceny of those goods, then he was pursuing him with intent 
 to arrest him for a misdemeanor, and then he had no right to 
 fire a shot at him, unless it was in his necessary self-defense.
 
 62 HOW TO PROCEED. 
 
 "The other question of his right, as a police officer, to fire 
 at an escaping prisoner does not arise. But if you find that 
 there was no self-defense upon the part of this defendant, and 
 the question turns upon his lawful authority as a police officer, 
 I charge you that if he undertook to arrest Brown, who was es- 
 caping from him, then, if he undertook to arrest him for a mis- 
 demeanor as I have described to you, he had no authority in 
 law to fire at him with a loaded pistol, and if he did so he com- 
 mitted an unlawful act; and if the consequence of that unlaw- 
 ful act was the death of Brown the defendant is guilty of man- 
 slaughter. If, however, he pursued him with intent to take 
 him into custody for a felony, that is to say, for assault with 
 intent to kill or wound, then he would have, under certain cir- 
 cumstances, a right to pursue him to that extent, even to use 
 his pistol, in order to stop him and to effectually make his cap- 
 ture. The law discriminates between offenses of a great nature 
 and offenses of a slight nature. Where a felony has been com- 
 mitted, either if the officer has a warrant for the arrest of the 
 person or if the felony has been committed in his presence, in 
 his actual view, then he has a right to pursue and capture the 
 man at all hazards; and if the guilty party who is seeking to 
 escape from the lawful authority of the officer loses his life, 
 either in the struggle that may take place when they are hand- 
 to-hand together, or in attempting to escape at a distance, it is 
 at his own risk. 
 
 " In cases of a felony, if an escaping prisoner may be re- 
 taken without the firing upon and killing him, it is the duty of 
 the officer so to do. And it is always the duty of the jury, in 
 such cases as that, to inquire as to the necessity for the act 
 which produced the death; whether or not, under the circum- 
 stances, the escaping party could have been secured without 
 firing upon and killing him or wounding him. If he could, 
 then the officer was not justified in so firing. Otherwise he 
 would be."
 
 JUDGE MATHEWS' CHARGE. 63 
 
 This clear and able charge emphasizes the points we stated 
 in the opening of this chapter. Any of the officers named 
 may arrest any person found in the commission of a crime, 
 either felony or misdemeanor, without a warrant. 
 
 An officer in attempting to arrest a person in the first in- 
 stance, or to re-arrest him after an escape, may use all necessary 
 force to effect an arrest even to shooting, provided the offense 
 for which the arrest is made is a felony. If it is a midemeanor 
 he must not shoot or use such violent means as to endanger 
 the man's life, else he will find himself in the unfortunate 
 position of Officer Be.lch, languishing in the penitentiary for 
 manslaughter, for the jury convicted him of that crime. 
 
 When any one may arrest. When a felony has been com- 
 mitted any person may, without warrant, arrest another who 
 he believes, and has reasonable cause to believe, is guilty of 
 the offense, and may detain him until a legal warrant can be 
 obtained. Any one who finds another in the act of committing 
 a felony may arrest him at once without a warrant. 
 
 Observe the word felony. This is the class of crimes for 
 which any one may arrest without a warrant. This means that 
 a private citizen, private detective, officer, or, in fact, any one 
 who believes a certain person to be guilty of a felony, may 
 arrest him without a warrant. But simply believing is not 
 enough. He must have reasonable grounds for his belief. A 
 mere suspicion will not do. There must be such important 
 circumstances or evidence as would lead a reasonable man to 
 believe that the person had committed the crime. As soon as 
 possible after the arrest is made, a warrant must be procured. 
 It is always best to procure the warrant before making the ar- 
 rest if the circumstances will permit. If there is no danger of 
 the one suspected of crime, or known to be the criminal, es- 
 caping, or of a continuation or aggravation of the crime, the 
 warrant should be procured first.
 
 64 HOW TO PROCEED. 
 
 A warrant. (See definition.) Any officer anthorized to 
 issue a peace warrant may issue process for the apprehension 
 of any person charged with an offense. This process is called 
 a warrant. It must always be based upon an affidavit charg- 
 ing a person with the commission of an offense. The warrant 
 does not issue of right, however, upon the simple filing of an 
 affidavit with the magistrate. It is his duty to issue the war- 
 rant if he has reasonable ground to believe that the offense 
 charged has been committed. If he has not he may refuse to 
 issue the warrant. 
 
 FORM OF AFFIDAVIT. 
 
 The following form of affidavit will be sufficient in perhaps 
 all the States: 
 
 The State of Alabama, \ ^ . 
 Jefferson county, } 
 
 Before me, Simeon Bowles, personally came Elias Honshall, 
 who, being duly sworn according to law, deposes and says that 
 on or about the 12th day of August, 1889, at the county of 
 Jefferson, one John Koloseus \Jiere describe the offense com- 
 mitted as accurately as possible^ 
 
 ELIAS HONSHALL. 
 
 Sworn to and subscribed before me this 14th day of 
 August, 1889. SIMEON BOWLES, Justice of the Peace. 
 
 The warrant is directed to the sheriff or any constable of 
 the county, or if it is issued by an officer of a municipal cor- 
 poration, then to the marshal or other police officer. It must 
 recite the affidavit, or have a copy of it attached to it, and re- 
 ferred to. It commands the officer forthwith to take the ac- 
 cused and bring him before the magistrate or court issuing the 
 warrant, or some other magistrate of the county having cog- 
 nizance of the case, to be dealt with according to law.
 
 FORM OF WARRANT. 65 
 
 FORM OF WARRANT. 
 
 The State of Alabama, [ 
 Jefferson county, ) 
 
 To any constable of said Jefferson county, greeting: 
 Whereas, There has been filed with me an affidavit, of 
 which the following is a copy: [Here copy the affidavit^ These 
 are, therefore, to command you to take the said John Koloseus, 
 if he be found in your county, or, if he has fled, that you pur- 
 sue after him into any other county in the State, and take and 
 safely keep the said John Koloseus, so that you have his body 
 forthwith before me, or some other magistrate of said county, 
 to answer the said complaint, and be further dealt with accord 
 ing to law. 
 
 Given under my hand, this 14th day of August, 1889. 
 
 SIMEON BOWLES, Justice of the Peace. 
 
 As indicated in the warrant, if the accused has fled or re- 
 moved to another county, the officer may follow and arrest him 
 there and convey him back to the county in which the warrant 
 was issued. The warrant may be issued by a magistrate in 
 the county to which the accused has fled or removed. 
 
 The arresting officer has the authority and the power to 
 convey the prisoner back to the county where the crime is 
 alleged to have been committed without any process of law. 
 
 Breaking Doors. The arresting officer, who is executing a 
 warrant for a person charged with an offense, or a search- 
 warrant, may break open any outer or inner door or window 
 of a dwelling house, or other building, if he be refused admit- 
 tance after giving notice of his office and purpose. But in the 
 case of a search-warrant the officer is not authorized to enter 
 any house or building not described in the warrant. 
 
 The Examination. The prisoner being brought before the 
 magistrate, the officer who made the arrest should make the 
 5
 
 66 HOW TO PROCEED. 
 
 following return or memorandum on the warrant, and deliver 
 it to the magistrate : 
 
 August 15th, 1889. I took the body of the within named 
 John Koloseus, and have' him before the magistrate within 
 named. \Or if he took him before some other magistrate, name 
 him.'] PETER JACKSON, Constable. 
 
 The examination of the prisoner should then be held with- 
 out delay, unless there is some just cause why it should be 
 postponed. If there be just cause for postponing, the magis- 
 trate may commit the accused to the county jail for safe- 
 keeping until the cause of the delay is removed and no longer, 
 but the whole time of such confinement (in Ohio) shall not be 
 more than four days. The magistrate, also, has the power, at 
 his'discretion, in case of necessary postponement, to remand 
 the prisoner to the custody of the arresting officer, to be kept 
 in some secure and convenient place other than the jail, to be 
 designated by the magistrate, but this confinement must not 
 exceed four days the prisoner must have a hearing at all 
 events within four days from the time of his arrest. When a 
 postponement is ordered the accused may enter into a recog- 
 nizance, with surety (provided the offense with which he is 
 charged is bailable under the constitution and laws of the 
 State), to appear before the court at a place, day and hour 
 named, to answer to the charges ; but this adjournment shall 
 not be for longer than twenty days without the consent of the 
 accused. 
 
 This work is not intended as a guide for magistrates, but 
 only to serve as an aid to arresting officers, whether they have 
 been acting in the capacity of detectives, constables or sheriifs, 
 consequently we pursue this subject no further in this direc- 
 tion. It will be observed that our directions for procedure 
 have been confined to those cases in which the criminal was
 
 FORM OF WARRANT. 67 
 
 located in the same county in which the crime was committed, 
 or in another county in the same State. A case involving 
 more difficulty is one in which the criminal has escaped to 
 some foreign country, or to some other State or Territory of 
 the United States. The method of returning him to the juri> 
 diction of the crime, if it is possible to be done at all, will be 
 discussed in the next chapter.
 
 CHAPTER III. 
 
 EXTRADITION. INTERSTATE. 
 
 WHEN a person commits a crime in one State or Ter 
 ritory and flees into another State or Territory and 
 is captured there he can not be returned to the jur- 
 isdiction of the crime, to be tried for it, without the 
 formal process of extradition, unless he consent to go without 
 this formality. The same is true if the criminal flee to some 
 foreign country. The definition of the word extradition will 
 be found in the proper place. 
 
 The extradition of fugitives from justice between the States 
 and Territories of the United States is provided for in the Con- 
 stitution of the United States, Article 4, Section. 2: 
 
 "A person charged with treason, felony, or other crime, 
 who shall flee from justice, and be found in any other State, 
 shall on demand of the executive authority of the State from 
 which he fled, be delivered up to be removed to the State hav- 
 ing jurisdiction of the crime." 
 
 This clause of the constitution, together with the act of 
 Congress on the same subject, forms the legal basis for the ex- 
 tradition of fugitives between the States of the Union. Section 
 5278 of the Revised Statutes of the United States is as follows: 
 
 "Whenever the executive authority of any State or Terri- 
 tory demands any person as a fugitive from justice, of the ex- 
 ecutive authority of any State or Territory to which such 
 person has fled, and produces a copy of indictment found or an 
 affidavit made before a magistrate, of any State or Territory, 
 charging the person demanded with having committed treason, 
 
 68
 
 EXTRADITION. 69 
 
 felony, or other crime, certified as authentic by the Governor 
 or chief magistrate of the State or Territory from whence the 
 person so charged has fled, it shall be the duty of the executive 
 authority of the State or Territory to which such person has 
 fled to cause him to be arrested and secured, and to cause notice 
 of the arrest to be given to the executive authority making 
 such demand, or to the agent of such authority appointed to 
 receive the fugitive, and to cause the fugitive to be delivered 
 to such agent when he shall appear. If no such agent appears 
 within six months from the time of the arrest, the prisoner 
 may be discharged. All costs or expenses incurred in the ap- 
 prehending, securing, and transmitting such fugitive to the 
 State or Territory making such demand, shall be paid by such 
 State or Territory." 
 
 The States have legislated on the subject, within the limits 
 of this statute and the constitution of the United States. The 
 details of procedure vary somewhat in the different States, but 
 the essential features are the same. The Ohio statute covers 
 the ground very thoroughly and embodies the principal rules 
 of all the States on the subject. 
 
 "Section 95. The Governor of this State, in any case au- 
 thorized by the constitution of the United States, may, on de- 
 mand, deliver over to the executive of any other State or Ter- 
 ritory any person charged therein with treason, felony, or other 
 crime committed therein, and he may, on application, appoint 
 an agent to demand of the executive authority of any State or 
 Territory any offender fleeing from the justice of this State: 
 provided, that such demand or application is accompanied by 
 sworn evidence that the party charged is a fugitive from justice 
 and that the demand or application is made in good faith for 
 the punishment of crimes, and not for the purpose of collecting 
 a debt or pecuniary mulct, or of removing the alleged fugitive 
 to a foreign jurisdiction with a view there to serve him with
 
 70 HOW TO PROCEED. 
 
 civil process; and also, by a duly attested copy of an indict- 
 ment, or a duly attested copy of a complaint made before a 
 court or magistrate authorized to take the same, such com- 
 plaint to be accompanied by affidavits to the facts constituting 
 the offense charged, by persons having actual knowledge there- 
 of, and such further evidence in support thereof as the Gover- 
 nor may require." 
 
 Section 96 provides that the Governor may request the at- 
 torney-general, or the prosecuting attorney of any county, to 
 investigate the grounds of the demand or application, and re- 
 port to him all the material facts with an abstract of the evi- 
 dence in the case. And if a person is demanded by another 
 State or Territory, he is especially to inquire whether he is in 
 custody or under recognizance to answer for any offense against 
 the laws of this State, or is held by force of any civil process, 
 and give his opinion as to the legality and necessity of comply- 
 ing with the demand. 
 
 Section 97 prescribes the method of procedure when the 
 Governor has decided that it is proper to comply with the de- 
 mand. The Governor "shall issue a warrant to the sheriff of 
 the county in which such person so charged may be found, 
 commanding him forthwith to arrest and bring such person 
 before a judge of the Supreme Court or a judge of the Court 
 of Common Pleas of this State, to be examined on the charge ; 
 and upon return of the warrant by the sheriff, with the person 
 so charged in custody, the judge before whom he is brought 
 shall proceed to hear and examine such charge." If the proof 
 is to him sufficient he shall commit the prisoner to the county 
 jail for a reasonable time to be fixed by the judge in the order 
 of commitment, and cause notice to be given to the executive 
 authority making the demand, or to his duly authorized agent 
 appointed to receive the fugitive, and upon the payment of all 
 costs by the agent the fugitive shall be delivered to him to be
 
 EXTRADITION. 7 1 
 
 removed to the proper place for prosecution. If the agent does 
 not appear within the time fixed by the judge and pay all costs 
 the sheriff shall discharge the prisoner. 
 
 This is the substance of the statute and it is so full and clear 
 that it leaves little to be said upon the subject, as to the general 
 plan. It will be of value and interest, however, to the officer 
 or agent to state somewhat in detail the method of procedure 
 under the statute. It will be observed that both the United 
 States and the State statutes provide for issuing the requisition 
 in two ways : i . When an indictment has been returned by 
 the grand jury. 2. Upon a complaint made under oath before 
 some magistrate or court authorized to take the same. The 
 process of extradition is exactly the same in either case, the 
 only difference is in the method of starting the machinery. 
 The executive authorities of all the States prefer the indictment 
 and will frequently refuse to extradite a fugitive on complaint 
 if the grand jury has been in session since the commission of 
 the crime and failed to return an indictment, unless a very 
 good reason is given therefor. Our explanation will proceed 
 then on the assumption that an indictment has been returned. 
 
 EXTRADITION UPON INDICTMENT. 
 
 When a crime has been committed and the perpetrator is 
 known, it is the duty of the prosecuting attorney to call the 
 matter to the attention of the grand jury at its first session 
 after the commission of the crime, and, if sufficient evidence 
 can be procured, have the one accused indicted. Then if the 
 criminal has fled from the State and is located in some other 
 State or Territory, the prosecuting attorney of the county in 
 which the crime was committed makes a formal application to 
 the Governor of his State, in writing, asking him to make 
 requisition upon the Governor of the State or Territory in 
 which the fugitive is located. A requisition is a demand. In
 
 72 HOW TO PROCEED. 
 
 some uses the word has a milder meaning approaching that of 
 request, but in this connection it means a formal demand. 
 Moreover, it is a demand by right. No discretion is vested in 
 the Governor on whom the demand is made. It is his impera- 
 tive duty to issue the warrant of extradition, when the case is 
 shown to be within the provisions of the constitution of the 
 United States and the act of Congress on the subject. No one 
 has authority to issue a requisition except the Governor of the 
 State in which the crime was committed, and it must be 
 directed to the Governor of the State or Territory in which the 
 fugitive is located. It can not be directed "to the Governor of 
 any State or Territory." When the prosecuting attorney makes 
 application to the Governor for his requisition he must accom- 
 pany it by an affidavit which sets forth the purpose for which 
 the extradition of the fugitive is desired and a copy of the indict- 
 ment, if one has been returned. He usually names to the 
 Governor some person to be appointed as agent of the State, for 
 the purpose of bearing the requisition and bringing back the 
 fugitive. This agent is frequently the sheriff of the county, or 
 his deputy, although it sometimes happens that a constable, or 
 a private detective or other person, has taken especial interest 
 in locating the fugitive and working up the case and such 
 person is usually appointed. A rule that most executives fol- 
 low is that the agent shall be a resident of the State in which 
 the crime was committed. 
 
 If the papers are in proper form, and the case meets the 
 approbation of the Governor, he will issue his requisition upon 
 the Governor of the State in which the fugitive is located. 
 The requisition must be accompanied by the papers in the 
 case, that is, a copy of the indictment properly certified, and 
 the affidavit, and be under the seal of the State. The agent of 
 the State receives a special commission from the Governor. 
 This agent takes the requisition and other papers and presents
 
 EXTRADITION. 73 
 
 them first to the Governor of the State in which the fugitive is 
 located. This Governor has a right, and it is his duty, to ex- 
 amine into the merits of the case, to ascertain whether it is in 
 accordance with the constitution and laws of the United States; 
 to learn also, if possible, whether the criminal action is brought 
 simply to force the collection of a debt, which is too common 
 a procedure in late years; or to mulct the accused out of 
 money; or to secure his presence in a foreign jurisdiction so 
 that civil process may be served on him in some other mat- 
 ter; and if he finds that any of these circumstances is true 
 it is his duty to refuse the application and decline to issue his 
 warrant. He should also inquire particularly whether the 
 person wanted is in custody or under indictment, or recogniz- 
 ance to answer for any crime in his own State, and if so refuse 
 the application, because, if the person wanted is guilty of an 
 infraction of the laws of both States, the one having actual pos- 
 session of him has a right to hold him for punishment against 
 all others. After the violation of the laws of his own State has 
 been satisfied, the Governor may hand him over to the other 
 State to be punished there for the crime committed in it. In 
 order to investigate all these points thoroughly and satisfy 
 himself that he is not being imposed upon, or using the pro- 
 cesses and the great seal of his State to collect a debt or pro- 
 mote a mulct, he may call to his aid the attorney-general of 
 the State or the prosecuting attorney of the county in which 
 the fugitive is located, or both. When the investigation shows 
 that every thing is right and in accordance with the law and in 
 proper form, and that the application is made in good faith for 
 the punishment of crime, then the Governor, as stated before, 
 has no discretion in the matter, but must issue his warrant. 
 This warrant is usually directed to the sheriff of the county in 
 which the fugitive is located. If his exact location in the State 
 is not known, or the fugitive is moving about from one county
 
 74 HOW TO PROCEED. 
 
 to another, it may be directed to any sheriff or constable of the 
 State. It is a warrant for the arrest of the fugitive, for a crime 
 committed in another State, and the date and nature of the crime 
 must be set forth. It instructs the arresting officer to make 
 known the nature of the criminal charge against him and give 
 him an opportunity, if he desires it, to apply for a writ of 
 habeas corpus; to transport him to the line of the State and 
 deliver him to the agent of the State making the requisition, 
 who is named, all to be done at the expense of said agent. 
 
 The great writ of habeas corpus is brought into use more 
 frequently, perhaps, in the extradition of criminals than in any 
 other connection. It will be treated fully in the proper place. 
 The prisoner may waive all court proceedings, and consent to 
 return at once without any further legal formalities. If he do 
 this his consent to do so should be reduced to writing, and he 
 should sign it. This is necessary as a protection to the agent in 
 case the prisoner afterward claim that he was not allowed his 
 legal rights, and was forced across the State line against his 
 will and without due process of law. 
 
 It often occurs that the arrest is actually made before the 
 extradition process is started. In this case he is held a reason- 
 able time, not more than six months by the United States law, 
 and in practice a much shorter time, for the agent of the State 
 wanting him to appear. It frequently is the case, too, that the 
 fugitive, when captured, will consent to return without the 
 process of extradition. This consent should also be put in 
 writing, and be signed by the prisoner, for the same reasons as 
 stated above for signing his consent to return without habeas 
 corptis proceedings. 
 
 The prisoner remains in the custody of the arresting officer 
 until the court has determined the validity of the requisition, 
 and heard the prisoner upon his writ of habeas corpus. When 
 that has been determined, if favorable to the prisoner, he is
 
 EXTRADITION. 75 
 
 discharged; if favorable to the State making the requisition, he 
 is remanded to the custody of the arresting officer to be taken 
 to the line of the State, and there delivered to the agent of the 
 State making the requisition. Until this time the agent has 
 no right to claim the prisoner, and all proceedings by the 
 agent, or other officer, to remove the fugitive, not in accordance 
 with the law as laid down here are unlawful. 
 
 The formality of conducting the prisoner to the State line, 
 and there turning him over to the agent, is seldom complied 
 with; the practice being to turn him over as soon as the court 
 proceedings are determined favorable to the State making the 
 requisition. 
 
 The agent must give a receipt for the body of the prisoner. 
 
 EXTRADITION UPON COMPLAINT. 
 
 The proper basis for the extradition of a fugitive from jus- 
 tice is an indictment by the grand jury, if that is possible or 
 practicable. It often happens, however, that extradition pro- 
 ceedings must be undertaken before it is possible for a grand 
 jury to return an indictment, and the United States and State 
 laws provide for circumstances of this kind. When a crime is 
 committed, and the criminal flees to another State and is ap- 
 prehended there, and the grand jury of the county in which 
 the crime was committed is not in session, it is necessary to 
 institute extradition proceedings upon complaint. Some per- 
 son having actual knowledge of the facts of the crime must go 
 before a magistrate or court authorized to receive such com- 
 plaint, and make a charge or complaint upon oath, and state 
 the facts of the offense charged with particularity and exact- 
 ness. This must all be reduced to writing and sworn to. The 
 prosecuting attorney then transmits this charge or complaint 
 to the Governor, with an affidavit as to the purpose of the ex- 
 tradition, and the other affidavit to the facts constituting the
 
 76 HOW TO PROCEED. 
 
 offense by the person having actual knowledge of the crime. 
 The County Clerk in case of complaint, must also certify 
 under seal, that the magistrate before whom the complaint is 
 made, is a Justice of the Peace in and for that county and 
 State, and this certification must be sent to the Governor along 
 with the other papers in the case. 
 
 From this first step to the return of the fugitive as a prisoner, 
 the process is exactly the same as previously described under 
 extradition upon indictment. 
 
 The steps in extradition then, to sum up briefly, are: i. 
 The indictment (or complaint as the case may be). 2. The 
 prosecuting attorney's request in writing to the Governor that 
 he issue his requisition for the fugitive. 3. The Governor's 
 requisition, which is a demand upon the Governor of the State 
 to which the fugitive has fled that he be turned over to the 
 State. 4. The warrant issued by the Governor to whom the 
 requisition is sent. It is directed to a sheriff or constable and 
 orders the arrest of the fugitive. 5. The arrest. If the arrest has 
 been made previously this instrument legalizes it. It is like 
 arresting a man without a warrant and holding him until a 
 warrant can be obtained. 6. The court proceedings, habeas 
 corpus, etc., unless these are waived. 7. Turning the prisoner 
 over to the agent, and taking his receipt for his body. 
 
 All that is left is for the agent to return with his prisoner 
 to the county in which the crime was committed, and lodge 
 him in jail to be tried as any other prisoner. 
 
 The forms for the extradition of fugitives now used in 
 Ohio have been revised and perfected within the last two 
 years, and are as nearly perfect as they can be made. They 
 are considered by the officers iron-clad, and are adapted to any 
 State in the Union. With a set of papers after these forms it 
 is impossible for a fugitive to get away on any technicality. 
 The forms are here given in full :
 
 extradition. 77 
 
 prosecuting attorney's application. 
 
 Hamilton County, Ohio. 
 
 OFFICE OF THE PROSECUTING ATTORNEY, 
 
 Cincinnati, August /j, i88g. 
 To His Excellency, the Governor : 
 
 Sir : I have the honor to request that you issue 
 a requisition upon the Governor of the State of Minnesota, 
 for the extradition of M. C. K., who stands charged by indict- 
 ment (or complaint as the case may be) with the crime of em- 
 bezzlement, committed in this county on the 24th day of June, 
 1889, and who, to avoid prosecution, fled from the jurisdiction 
 of this State, and, as I am informed, is now within the juris- 
 diction of said State of Minnesota. 
 
 I Hereby Certify, That in my opinion the ends of pub- 
 lic justice require that the alleged criminal be brought to this 
 State for trial at the public expense ; that I have, as I verily 
 believe, sufficient evidence to secure his conviction ; that there 
 has not been, so far as I am aware, any former application for 
 a requisition for the same person, for the same offense, which 
 is the basis of this application. 
 
 Said alleged fugitive is not now, as I verily believe, under 
 either civil or criminal arrest in said State of Minnesota. 
 
 I Further Certify, That this application is not made for 
 the purpose of enforcing the collection of a debt, or for any 
 private purpose whatever, and that if the requisition applied 
 for be granted, the criminal proceedings shall not be used for 
 any of said objects. 
 
 And I Further Certify, That the offense with which 
 said alleged fugitive ,is charged is a felony, and is defined by 
 Section 6841, Revised Statutes of Ohio. 
 
 The delay in presenting this application was unavoidable, 
 for the reason that {here assign reason for delay, if any).
 
 78 HOW TO PROCEED. 
 
 I designate John Doe as a proper person to be appointed 
 agent of the State, and certify that he has no personal interest 
 in the arrest and return of said fugitive other than proper com- 
 pensation for his services. 
 
 Very respectfully, 
 
 JOHN C. SCHWARTZ, Prosecuting Attorney, 
 Hamilton County, Ohio. 
 
 prosecutor's affidavit. 
 
 STATE OF OHIO, ) 
 Hamilton County, j ss ' 
 
 I, John C. Schwartz, having been duly sworn, depose and 
 say that I am the Prosecuting Attorney of said county, that 
 the person charged by indictment with the crime of embezzle- 
 ment is a fugitive from justice; and that the statements made 
 in the foregoing application for a requisition for his extradition 
 are true, as I verily believe. 
 
 JOHN C. SCHWARTZ. 
 
 Sworn to before me, and subscribed in my presence, this 
 15th day of August, 1889. 
 
 JOHN B. PEASLEE, 
 Clerk of Court of Common Pleas, 
 Hamilton County, Ohio. 
 
 AFFIDAVIT BY COMPLAINING WITNESS. 
 
 STATE OF OHIO, 
 Hamilton County, 
 
 Richard Roe being duly sworn, deposes that he is the com- 
 plaining witness in the case of the State of Ohio against M. C. K. 
 the person named in the foregoing application; that said
 
 EXTRADITION. 7g 
 
 M. C. K. is a fugitive from justice, and is now, as he believes, 
 in the State of Minnesota; that he desires his return for the 
 sole purpose of punishing the accused, and that he does not 
 desire or expect to use the prosecution for the purpose of col- 
 lecting a debt, or for any other private purpose, and will not 
 directly or indirectly use the same for any of said purposes. 
 
 RICHARD ROE. 
 Sworn to before me, and subscribed in my presence, this 
 isth day of August, 1889. 
 
 'JOHN B. PEASLEE, 
 
 Clerk of Court of Common Pleas, 
 
 Hamilton County, Ohio. 
 
 THE STATE OF OHIO, U. S. A. ) 
 Office of the Governor. j 
 
 I, J. B. Foraker, Governor of said State, do hereby certify 
 that John B. Peaslee, whose genuine signature and official seal 
 are affixed to the attestation hereto attached, was, at the date 
 thereof, Clerk of the Court of Common Pleas of Hamilton 
 County, in said State, duly commissioned and qualified; that he 
 is the proper officer to make said attestation, which is in due 
 form; and that his official acts are entitled to full faith and 
 
 credit. 
 
 In Testimony Whereof, I have hereunto sub- 
 scribed my name, and caused the Great Seal of 
 the State of Ohio to be affixed, at the city of 
 Columbus, this 16th day of August, in the year 
 of our Lord one thousand eight hundred and 
 eighty-nine and in the one hundred and four- 
 teenth year of the Independence of the United 
 States of America. 
 
 By the Governor: J. B. FORAKER. 
 
 DAN'L J. RYAN, Secretary of State.
 
 80 HOW TO PROCEED. 
 
 The Governor issues a commission to the agent of the 
 State for which the following form has been adopted in Ohio: 
 In the name and by the authority of 
 
 THE STATE OF OHIO, 
 
 J. B. FORAKER, 
 Governor of said State. 
 
 To all to whom these presents shall come, greeting: 
 Whereas, M. C. K. has been charged by indictment with 
 committing the crime of embezzlement within the county of 
 Hamilton, in this State, and has, by a requisition of this date, 
 been demanded of the Governor of the State of Minnesota as a 
 fugitive from justice ; 
 
 Therefore, I do hereby appoint John Doe to be the agent 
 of this State, to receive the said M. C. K. from the executive 
 authority of the State of Minnesota, and to convey him to the 
 said county of Hamilton, to be tried for the offense aforesaid, 
 according to law. 
 
 In Testimony Whereof, I have hereunto sub- 
 ' - J scribed my name, and caused the Great Seal of 
 
 !) the State of Ohio to be affixed, at Columbus, 
 ( the 1 6th day of August, in the year of our Lord 
 ~ r i 1889, and in the 114th year of the Independ- 
 ence of the United States of America. 
 By the Governor: J. B. FORAKER. 
 DAN'E J. RYAN, Secretary of State. 
 
 THE GOVERNOR'S REQUISITION. 
 
 THE STATE OF OHIO, ) 
 Executive Department. } 
 
 To His Excellency, the Governor of Minnesota: 
 
 Whereas, It appears by the annexed papers, which are 
 duly authenticated in accordance with the laws of this State, that
 
 EXTRADITION. 8 1 
 
 M. C. K. stands charged by indictment with the crime of em- 
 bezzlement, committed in the county of Hamilton, in this 
 State, and it has been represented to me that he has fled from 
 the justice of this State, and taken refuge within the State of 
 Minnesota. 
 
 Now, Therefore, Pursuant to the provisions of the Con- 
 stitution and Laws of the United States, in such case made 
 and provided, I do hereby make Requisition for the apprehen- 
 sion of said Fugitive, and for his delivery to John Doe, the 
 Agent of this State, duly appointed and commissioned to receive 
 him and convey him to the County aforesaid, there to be dealt 
 with in accordance with Law. 
 
 In TESTIMONY Whereof, I have hereunto sub- 
 scribed my name, and caused the Great Seal of 
 the State of Ohio to be affixed, at Columbus, 
 the 16th day of August, in the year of our Lord 
 one thousand eight hundred and eighty-nine, 
 and in the one hundred and fourteenth year 
 of the Independence of the United States of 
 America. 
 By the Governor: J. B. FORAKER. 
 
 DANX J. RYAN, Secretary of State. 
 
 THE GOVERNOR'S WARRANT. 
 
 In the name and by the authority of the State of Minnesota, 
 W. R. Merriam, Governor of said State. 
 
 To all to whom these Presents shall come, Greeting: 
 To the Sheriff of Ramsey County: 
 
 Whereas, Requisition has been made upon me by the 
 
 Governor of the State of Ohio, for the extradition of M. C. K., 
 
 an alleged fugitive from the justice of said State of Ohio, 
 
 charged with the crime of embezzlement, as appears by a copy 
 
 6
 
 82 HOW TO PROCEED. 
 
 of indictment, duly authenticated, and attached to the requisi- 
 tion aforesaid; 
 
 Therefore, I do hereby command you forthwith to arrest 
 the said M. C. K. and bring him before any Judge of the Su- 
 preme Court, Circuit Court, or Court of Common Pleas of this 
 State in whose district or jurisdiction he may be found, to be 
 examined upon said charge, and otherwise dealt with as pro- 
 vided by law; and, on this warrant, if so directed by such Judge, 
 to deliver him to John Doe, the Agent appointed by the Gov- 
 ernor of the State of Ohio to receive him ; and of this WAR- 
 RANT, with your proceedings thereunto, make due return 
 according to law. 
 
 In Testimony Whereof, I have hereunto sub- 
 scribed my name, and caused the Great Seal of 
 ^w^^ the State of Minnesota to be affixed, at St. 
 
 !) Paul, the 20th day of August, in the year of 
 
 ' ( our Lord one thousand eight hundred and 
 
 v ^" eighty-nine, and in the one hundred and four- 
 
 teenth year of the Independence of the United 
 States of America. 
 By the Governor: W. R. MERRIAM. 
 
 H. MATTSON, Secretary of State. 
 
 The above form for the Governor's warrant is the Ohio 
 form adapted to the State of Minnesota. The Minnesota form 
 is different in some unimportant respects. It commands the 
 arresting officer to conduct the fugitive to the border of the 
 State and there deliver him to the agent, but as before stated 
 this formality is always waived and few of the forms now con- 
 tain it.
 
 CASKS AND DECISIONS. 83 
 
 CASES AND DECISIONS. 
 
 Some very important questions have arisen under the ex- 
 tradition laws of the United States and the statutes of the dif- 
 ferent States. Every State in the Union has enacted laws on 
 the subject, all in accordance with and supplementary to the 
 Constitution and statutory enactment of the United States Gov- 
 ernment. According to the constitutional provision two things 
 must be clearly made out before the Governor upon whom the 
 requisition is made is obligated to issue his warrant for their 
 removal from the State : 1 . The person must be charged with 
 treason, felony or other crime. 2. He must be a fugitive from 
 justice. 
 
 In regard to the first of these statutory conditions it is the 
 practice of executives, and it seems to be supported by judicial 
 decision, to look beyond the papers presented to ascertain if 
 possible whether there is some other motive lurking behind 
 that which appears upon the face of the papers. 
 
 In the case of the State vs. Moses Kahn, the following facts 
 existed: Kahn committed an offense in Pennsylvania. In fact, 
 he committed several offenses of the same nature against sev- 
 eral different people and firms. He fled to Ohio. A requisi- 
 tion was issued by the Governor of Pennsylvania upon the 
 Governor of Ohio upon indictment for one of these offenses. 
 Governor Foster, of Ohio, issued the warrant and he was taken 
 back. Before he reached Philadelphia, however, where the of- 
 fense was committed, a compromise was effected, he paid the 
 money of which the party claimed to be defrauded and was re- 
 leased. 
 
 Immediately some of the others, who had been similarly de- 
 frauded, had him indicted and the Governor of Pennsylvania 
 issued his requisition upon the Governor of Ohio again, Kahn 
 having returned to this State. Governor Foster this time re- 
 fused to issue the warrant for his arrest and removal, upon the
 
 84 HOW TO PROCEED. 
 
 ground that his confidence had been abused before, the pro- 
 cesses and the great seal of the State being used to force the 
 collection of a debt due in Pennsylvania, and he would not per- 
 mit this thing to be done again. 
 
 The Governor's decision in cases of this kind is final. 
 There is,no reviewing court, no power that can compel him to 
 alter his decision or issue his warrant. The point seems to be 
 that while the papers themselves are regular, and charge a 
 crime, and state that the fugitive is wanted solely for the pur- 
 pose of punishment, still when people have been defrauded out 
 of money and the offender offers to make them whole with the 
 quiet understanding that the criminal prosecution will be 
 dropped, the temptation is too great for the average mortal to 
 withstand ninety-nine times out of a hundred the money will 
 be accepted. So that a very slight degree of evidence that the 
 parties desire to secure the return of the fugitive for the pur- 
 pose of collecting a claim will be sufficient to decide the execu- 
 tive not to issue his warrant. 
 
 A case which illustrates the right of the Governor upon 
 whom the requisition is made to consider circumstances out- 
 side of and beyond the papers as presented to him is that of 
 Gaffigan and Merrick, whom the authorities of Pennsylvania 
 attempted to extradite from the State of Illinois upon an in- 
 dictment charging these men with murder. The facts briefly 
 were these: The indictment charged these men with the murder 
 of one Michael Durkin in the County of Schuylkill, Pennsyl- 
 vania. On the ist day of March, 1865, not long after the mur- 
 der, no arrest having been made or indictment returned, Gaffi- 
 gan and Merrick left Pennsylvania and went to Illinois. An 
 indictment was returned against them, however, in the month 
 of March, of the same year, at the court of Oyer and Terminer, 
 of Schuylkill County. There was no evidence that they at- 
 tempted to conceal their destination. In 1867 they settled perma-
 
 CASES AND DECISIONS. 85 
 
 nently in the city of Springfield, Illinois, where they went into 
 business and became well known and respected citizens. One 
 of them did business for years on one of the principal streets of 
 Springfield and held the office of County Inspector of Mines, by 
 appointment of the Board of Supervisors of Sangamon County. 
 The other acted as School Director of the town of Woodside in 
 the same County. Both went under their true names and 
 showed themselves as publicly as any other citizens. Both 
 had families. Merrick was married when he came to the State 
 and Gaffigan married respectably in the State. Thus both 
 men were in constant and frequent communication with old 
 friends in Schuylkill County, Pa. At one time Mrs. Merrick 
 with four of her children visited their old home in Pennsyl- 
 vania and spent some weeks there visiting old friends, the resi- 
 dence of herself and husband at Springfield being known and 
 spoken of frequently among her acquaintances, as is usual when 
 persons visit a former place of abode. Gaffigan's father left 
 St. Clair, Pennsylvania, the place where the murder was al- 
 leged to have been committed in 1870, for the avowed purpose 
 of living with his son in Springfield, 111. The old man died in 
 Springfield and the fact of his death was at once telegraphed 
 to one, Conroy, a constable of St. Clair, Pa., and a witness 
 whose name was indorsed on the indictment. The remains of 
 the elder Gaffigan were taken back to St. Clair and interred in 
 the presence of a large number of people. Many people from 
 Pennsylvania visited both Merrick's and Gaffigan's in Spring- 
 field. Others came and renewed their acquaintances and lo- 
 cated. Some became permanent, others returned. These 
 people repeatedly wrote to their friends in St. Clair of the pros- 
 perity of Merrick and Gaffigan in Springfield. The brother of 
 one of these men who was also included in the same indict- 
 ment for the same crime surrendered himself, was tried and 
 acquitted. The men came to Springfield poor, but by industry
 
 86 HOW TO PROCEED. 
 
 and frugality acquired decent homes and always bore irre- 
 proachable characters. They never concealed who they were 
 nor their former place of residence. 
 
 The requisition for these persons was presented to Governor 
 S. M. Cullom, at Springfield, on the 4th day of December, 1878, 
 over thirteen years after the crime was alleged to have been com- 
 mitted in Pennsylvania. It was stated on behalf of those who 
 desired their extradition that the prosecutor of the county of 
 Schuylkill, who was in office at the time said indictment was 
 found, and most, if not all, of his successors up to a very 
 recent date, were ignorant of the whereabouts of the persons. 
 
 In regard to this point Governor Cullom thought that if the 
 prosecutors did not know their whereabouts, it was because 
 they did not take the slightest trouble to inquire. 
 
 The discussion before the Governor came up in this way: 
 
 Upon the presentation of the requisition, ever)'thing seem- 
 ing regular and in accordance with the law, and the Governor 
 having no personal acquaintance with the parties or the facts, 
 he issued his warrant for the arrest and return of these men as 
 fugitives from justice. They were arrested, but before they 
 were surrendered to the agent of the State of Pennsylvania ap- 
 plication was made to the Governor to revoke his warrant, 
 and all the facts as above stated were brought out. 
 
 The Governor delivered a very exhaustive and elaborate 
 opinion, which we regret we have not space to give here in full. 
 We quote some parts tending to show his right or duty to con- 
 sider elements outside the papers themselves : 
 
 "It is urged by those who support the requisition of the 
 Governor of Pennsylvania that I have no discretion in the 
 matter, but must surrender the men if the papers presented are 
 regular on their face. And this is to my mind the most im- 
 portant question : Have I the right to consider any extraneous 
 facts the lapse of time, passiveness of the public prosecutor of
 
 CASES AND DECISIONS. 87 
 
 Pennsylvania, the hardships of respectable families in this 
 State, or any other matter beyond the very letter of the record? 
 
 "The Supreme Court of the United States, in the celebrated 
 case of Kentucky vs. Dennison, made use of language which 
 would seem to justify the conclusion that the Governor of a 
 State to whom a requisition is presented, demanding the return 
 of an alleged fugitive from justice, has only a ministerial duty 
 to perform, and has no authority to look beyond the record. 
 Howard 66. 
 
 "The words used by the court are very strong, and if they 
 are to be taken without qualification, would seem to be conclu- 
 sive. Yet it is entirely certain that notwithstanding that de- 
 cision, it has been the practice of the * Governors of many 
 States to look beyond the papers presented. It is clear that 
 where a prisoner is held to answer a criminal charge, in the 
 State where found, he will not be surrendered upon the de- 
 mand of the executive authority of another State. This has 
 always been the practice in Illinois, as well as in all other 
 States so far as I know. But since the case of Kentucky vs. 
 Dennison, the Supreme Court of the United States itself has 
 conclusively shown that the words used by the court, in the 
 case last cited, were not to be taken without qualification. In 
 Tailor vs. Taintor (16 Wallace, p. j66) a peculiar state of facts 
 was shown. One McGuire was indicted in Connecticut and 
 gave bail. He then went to the State of New York, but was 
 taken from there on a requisition from the Governor of Maine, 
 and was imprisoned in the State. He did not appear to an- 
 swer the indictment in Connecticut, and forfeited his recogniz- 
 ance. Judgment being given against his bondsmen, they 
 carried the case to the Supreme Court of the United States, 
 where the judgment was affirmed. In discussing the questions 
 presented the court say: 
 
 "'Had the facts been made known to the executive of New
 
 88 HOW TO PROCEED. 
 
 York in time it is to be presumed he would have ordered 
 MeGuire to be delivered to them (the bondsmen), and not the 
 authorities of Maine.' 
 
 "Again on page 374 the court say: 'It is true the constitu- 
 tional provision and the law of congress under which the arrest 
 and delivery were made are obligatory on every State, .and a 
 part of the law of every State. But the duty enjoined is several 
 and not joint, and every Governor acts independently and for 
 himself. "There can be no joint demand or refusal. In the 
 event of refusal, the State making the demand must submit. 
 There is no alternative. In the case of MeGuire no impedi- 
 ment appeared to the Governor of New York, and he properly 
 yielded obedience. The Governor of Connecticut, if applied 
 to, might have rightfully postponed compliance. If advised 
 in season he might have intervened and by a requisition 
 have asserted the claim of Connecticut. It would then have 
 been for the Governor of A New York to decide between the 
 conflicting demands. Whatever the decision, if the proceed- 
 ings were regular, it would have been conclusive. There, 
 could have been no review and no inquiry going behind it.' 
 
 " It thus appears that the language used in Kentucky vs. 
 Dennison is not unqualified, that an executive officer to whom 
 a requisition is presented may do something more than inquire 
 into the regularity of the record, and that however regular the 
 record there still may be impediments of which the executive of 
 whom the demand is made must be the judge. I refer to this 
 case, and to the practice in this State and other States, for the 
 purpose of showing that whether my duties be regarded as 
 purely ministerial or quasi judicial, I am not only empowered, 
 but required to consider certain extraneous facts not appearing 
 in the record presented to me." 
 
 This decision of Governor Cullom, that the Governor on 
 whom the requisition is made is both empowered and required
 
 CASES AND DECISIONS. 89 
 
 to consider facts outside the record is now the recognized rule 
 of practice. The Governor's reference to the United States 
 Supreme Court decision in Tailor vs. Taintor, quoted above, 
 affords the highest authority for our statement that the Gov- 
 ernor's decision is final ; there is no appeal. 
 
 In regard to the second condition requisite to the extra- 
 dition of a fugitive, viz., that the person must be a fugitive 
 from justice, the same case of Merrick and Gaffigan affords a 
 good example. And it was really upon this latter point that 
 the Governor rendered his decision. The Governor said that 
 he considered it his bounden duty to inquire whether Gaffigan 
 and Merrick were fugitives from justice, and surrender or re- 
 fuse them as he fotind the facts to be. 
 
 Mr. Hurd, in his work on Habeas Corpus, says that in order 
 to constitute a person a fugitive from justice "there must be an 
 actual fleeing from justice, and of this the Governor of the 
 State of whom the demand is made, as well as the one making 
 it, should be satisfied." 
 
 Governor Cullom, after admitting that the fact that 
 Merrick and Gaffigan left the State of Pennsylvania shortly 
 after the homicide was some evidence that they were fugitives 
 from justice, proceeds as follows with his able argument: 
 
 "For nearly fourteen years they have been in frequent and 
 open communication with their friends in the place where the 
 crime is alleged to have been committed. During that long 
 period their residence has been so generally known and so en- 
 tirely unconcealed, that the officers of justice could be ignorant 
 of it only because they made no effort to find it out. I am 
 aware that against the crime of murder there is no limitation, 
 but that is not the question. Does the character of a fugitive 
 from justice once attaching to a man never leave him under 
 any circumstances? Can he not purge that taint by showing 
 himself for many years to all the world without disguise and
 
 90 HOW TO PROCEED. 
 
 allowing the ministers of justice all proper means of knowing 
 his whereabouts, and prosecuting him if they so desire? Sup- 
 pose these men had voluntarily visited the place where the 
 crime is alleged to have been committed, and after remaining 
 there for a time had returned to Illinois, would they still be 
 fugitives from justice? I think not. That character would 
 have been thrown off. And if so, may not the same result 
 arise from many years of publicity, free communication with 
 friends, and the entire absence of concealment? Such a course 
 is, in my opinion, equivalent to a voluntary return. * * * 
 
 "In my opinion, Gaffigan and Merrick are no longer fugi- 
 tives from justice, if they ever were so. Had they concealed 
 themselves, or had there been any difficulty in ascertaining 
 where they were, upon due inquiry by the officers of justice, 
 my conclusion would have been wholly different. But I believe 
 a man may, by long years of good conduct, and by showing 
 himself to the world without concealment, outlive the char- 
 acter of a fugitive from justice, more particularly where the 
 ministers of justice charged with his apprehension practically 
 abandon the charge against him for nearly half the period of 
 human life. * * * 
 
 "Believing, then, that neither positive law nor any consid- 
 erations founded upon justice require the surrender of the men, 
 I must respectfully refuse to comply with the requisition of 
 the Governor of Pennsylvania. The warrant heretofore issued 
 is revoked and Gaffigan and Merrick ordered to be discharged. 
 
 S. M. Cullom, Governor." 
 
 EXTRADITABLE CRIMES. 
 
 The words used in the Constitution of the United States 
 are "treason, felony, or other crime." Two offenses are par- 
 ticularly named by their common law titles, treason and felony. 
 If the word crime is used in the Constitution in the same
 
 EXTRADITABLE CRIMES. 9 1 
 
 meaning that attaches to it in criminal courts and in all crimi- 
 nal practice, ancient and modern, State and national, there is 
 certainly no difficulty in determining what the word includes. 
 Every infraction of the law that is punishable or indictable is a 
 crime. It reaches as far in heinousness and gravity as felony 
 and down to the smallest misdemeanor. It has been contended, 
 however, that the word crime in the Constitution has a more 
 restricted meaning. In 1 790 the Attorney-General of Virginia 
 advised the Governor of the State, Randolph, not to extradite 
 three fugitives from the justice of Pennsylvania, who were de- 
 manded by Governor Mifflin of that State, giving as a reason 
 that the phrase "or other crime" found in the Constitution has 
 "reference only to crimes similar in character to treason and 
 felony, and that the act charged must be a crime in that sense, 
 under the laws of the State upon which this demand is made," 
 and that the offense charged in this case was not a crime of 
 this kind by the laws of Virginia, "but only a trespass or 
 breach of the peace." 
 
 In 1839 Governor Seward, of New York, refused to deliver 
 Up to the State of Virginia three persons who were demanded 
 of him by the Governor of Virginia, charged by affidavit with 
 having feloniously stolen and taken away a negro slave, the 
 property of one, Colley. The grounds for his refusal were 
 that in his opinion the constitutional "provision applies only 
 to those acts which, if committed in the jurisdiction of the 
 State in which the person accused is found, would be treason- 
 able, felonious, or criminal by the laws of that State." The 
 act charged was a crime in Virginia, but not in New York. 
 
 Subsequently Governor Dennison, of Ohio, upon substan- 
 tially the same grounds, refused to extradite one, Willis L,ago^ 
 a fugitive from the justice of Kentucky, charged with having 
 assisted a slave to escape from her owner, which was a crime 
 in Kentucky, but not in Ohio.
 
 92 HOW TO PROCEED. 
 
 Opinion of the U. S. Supreme Court. This case was car- 
 ried to the Supreme Court of the United States, the State of 
 Kentucky asking the court to issue a writ of mandamus ad- 
 dressed to the Governor of Ohio, commanding him to comply 
 with the requisition of the Governor of Kentucky for the de- 
 livery of this fugitive from justice. The court declined to 
 grant the writ, holding that "if the Governor of Ohio refuses 
 to discharge this duty, there is no power delegated to the gen- 
 eral government, either through the judicial department or any 
 other department, to use any coercive means to compel him." 
 
 It will be observed that the Supreme Court did not refuse 
 the writ because they thought Governor Dennison was right, 
 but because they had no power to compel him to act in the 
 matter. This is a stronger deliverance from the Supreme 
 Court than the one previously quoted from Tailor vs. Taintor 
 as to the finality of the Governor's action in cases of re- 
 quisitions upon him. He can not be compelled even to do his 
 duty. A gross violation of duty in this respect could only 
 be reached by impeachment, and that would not undo his act. 
 In stating the opinion of the court in the above mandamus 
 suit, Kentucky vs. Dennison, Chief Justice Taney gave a clear 
 and elaborate exposition of the constitution relating to Inter- 
 State extradition, and the language is so strong as to show the 
 opinion of the court clearly to be that Governor Dennison was 
 wrong, that Governor Seward of New York was wrong, and 
 that the Attorney-General of Virginia was wrong in his ad- 
 vice to Governor Randolph, as early as 1790. We quote 
 from Chief Justice Taney's opinion: 
 
 " Looking at the language of the clause, it is difficult to 
 Comprehend how any doubt could have arisen as to its mean- 
 ing and construction. The words ' treason, felony, or other 
 crime,' in their plain and obvious import, as well as in their 
 legal and tehnical sense, embrace every act forbidden and made
 
 EXTRADITABLE CRIMES. 93 
 
 punishable by the law of the State. The word ' crime ' of 
 itself includes every offense, from the highest to the lowest in 
 the grade of offenses, and includes what are called ' misde- 
 meanors,' as well as treason and felony." 
 
 In another connection in the same opinion the Chief Jus- 
 tice remarks : 
 
 " Looking, therefore, to the words of the Constitution to 
 the obvious policy and necessity of this provision to preserve 
 harmo.iy between States, and order and law within their re- 
 spective borders, and to its early adoption by the colonies, 
 and then by the Confederated States, whose mutual interest it 
 was to give each other aid and support whenever it was needed 
 the conclusion is irresistible that this compact engrafted in 
 the Constitution included, and was intended to include, every 
 offense made punishable by the law of the State in which it 
 was committed, and that it gives the right to the executive 
 authority of the State to demand the fugitive from the execu- 
 tive authority of the State in which he is found ; that the right 
 given to demand implies that it is an absolute right ; and it 
 follows that there must be a correlative obligation to deliver, 
 without any reference to the character of the crime charged, 
 or to the policy or laws of the State to which the fugitive has 
 fled." 
 
 The State Courts. This construction of the meaning of 
 the Constitution has been adopted by decisions in nearly all 
 the States in proceedings on habeas corpus. 
 
 The opinion of the Supreme Court of New York, delivered 
 by Chief Justice Savage, in The Matter of Clark, will be found 
 in 9 Wend. 212. The court say : " The language is ' treason, 
 felony, or other crime.' The word ' crime ' is synonymous 
 with the word ' misdemeanor,' 4 B/ackstone's Com., 5, and in- 
 cludes even- offense below felony punishable by indictment as 
 an offense against the public."
 
 94 HOW TO PROCEED. 
 
 The Court of Appeals, of New York, in The People, ex. 
 re/. Lawrence vs. Brady, 56 N. Y. 182, said: "The word 
 1 crime ' in the clause of the Constitution, which has been 
 quoted, embraces every act forbidden and made punishable hy 
 the law of a State, and the right to demand the surrender of 
 fugitives from justice extends to all cases of the violation of 
 its criminal law. * * * The obligation to sur- 
 
 render for an act which is made criminal by the law of the de- 
 manding State, but which is not criminal in the State upon 
 which the demand is made, is the same as if the alleged act 
 was a crime by the law of both." 
 
 The Supreme Court of Massachusetts, in Brown's Case, 112 
 Mass., 409, said : " The words of the provision of the Consti- 
 tution and laws of the United States, and of the statutes of 
 this Commonwealth, the history of those provisions, and the 
 judicial expositions of them, conclusively establish that the 
 authority of the Governor of this Commonwealth to order the 
 delivery of fugitives from the justice of another State in the 
 Union extends to a person appearing to be charged with any 
 crime whatever in the State." 
 
 The Supreme Court of Indiana, in Morton vs. Skinner, 48 
 Ind., 123, holds that a misdemeanor is an extraditable offense. 
 
 The Supreme Court of North Carolina, in The Matter of 
 Hughes, Phill. L., 57, held that " the constitutional require- 
 ment for the surrender of fugitives from justice applies to 
 those charged with statutory as well as common law crimes." 
 
 The Supreme Court of Georgia declared in Johnston vs. 
 Riley, 13 Ga., 97, that "when the Governor of a State makes 
 a requisition, under the Constitution of the United States, on 
 the Governor of another State, for the return of a fugitive 
 from justice, who had escaped from the former to the latter 
 State, if the requisition is made with all requisite formalities, 
 it is his imperative duty to comply, without inquiring whether
 
 EXTRADITABLE CRIMES. 95 
 
 the fugitive has committed a crime according to the laws of 
 the State to which he fled." 
 
 In 24, American Jurist, 226, we find the opinion of the 
 Supreme Court of Maine, delivered as early as 1837, at the re- 
 quest of the Governor of the State. It is as follows : " In our 
 opinion it is the duty of the executive of this State to cause 
 to be delivered over to the agent of another State, at the re- 
 quest of the executive thereof, a citizen of this State, charged 
 by indictment with the fraud before set forth, which, being in- 
 dicted in such State, may be presumed to be there regarded as a 
 crime, if the executive of this State is satisfied that such citi- 
 zen has fled from justice from the State making the demand, 
 and not otherwise." 
 
 The Supreme Court of Vermont, in the case of In re 
 Greenough, 31 Vt., 279, in which Greenough had obtained 
 money under false pretense in Illinois, and his extradition from 
 Vermont was resisted upon the ground that the words of the 
 Constitution " or other crime " should be confined to crimes of 
 great atrocity, used the following language : " This provision 
 in the Constitution and laws of Congress has received a prac- 
 tical, uniform construction from Maine to Georgia, from an 
 early day in our judicial history, if, indeed, it can be said to 
 admit of construction. It has also been the subject matter of 
 repeated judicial determination, and he must, I think, be a bold 
 man, who at the present day is ready to hold that the subject 
 matter of the complaint against Greenough is not within the 
 Constitution and laws of Congress. The language is broad, 
 and the crime charged is within its letter, and, I apprehend, 
 equally within the reason and spirit of the provision." 
 
 In the old Articles of Confederation the words used were 
 " treason, felony, or high misdemeanor." " High misde- 
 meanor " is a term of vague import and there is no doubt that 
 the words " or other crime " were substituted in framing the
 
 96 how to proceed. 
 
 Constitution both for the purpose of making the language en- 
 tirely definite, and also to make extraditable every .species of 
 misdemeanor punishable by indictment, whether it be common 
 law or statutory crime. 
 
 The above opinions of the Supreme Court of the United 
 States, and of the various State courts, which might be sup- 
 plemented by many others of the same tenor, settle beyond 
 dispute two legal propositions : i . The words of the Constitu- 
 tion and act of Congress, " treason, felony, or other crime," in- 
 clude all crimes, whether common law crimes or made so by 
 statutory enactment, whether felony or a petty misdemeanor. 
 2. That it is immaterial whether the offense charged be a crime 
 in the State to which the person has fled, and from which he 
 is demanded, or not, so long as it is an indictable offense in the 
 State in which it was committed. 
 
 Petty Misdemeanors. It is not probable that the labor of 
 inter-State extradition will ever become burdensome on ac- 
 count of the fact that minor offenses are extraditable, because, 
 in the first place, a person who has committed a petty offense 
 will very seldom flee from his home to avoid the consequences: 
 and, secondly, if he should flee, the State would rarely, if ever, 
 pursue him into another State for so small an infraction of its 
 statutory law. Still, it must be admitted, that if a person 
 should flee from a petty misdemeanor into another State, and 
 the authorities should pursue him in regular form, and accord- 
 ing to law, the obligation of the State to which he fled to sur- 
 render him would be just as great as though his crime were a 
 felony. 
 
 The Flight from Justice. Before dismissing the subject of 
 inter-State extradition we desire to add a few observations on 
 two or three collateral points. We have already stated that 
 one of the constitutional pre-requisites to the extradition of a 
 person from one State to another, is that he be a fugitive from
 
 THE FLIGHT FROM JUSTICE. 97 
 
 justice. It often becomes the most important question to be 
 decided in a case, whether the person charged with a crime is 
 a fugitive from justice. Governor Cullom's decision, previously 
 quoted, turned on this point. The language of the Constitu- 
 tion covering this point is, " who shall flee from justice, and be 
 found in another State" The act of Congress says that 
 " whenever the executive authority of any State or Territory 
 demands any person as a fugitive from justice, of the executive 
 authority of any State or Territory to which such person has 
 fled" etc. There must be a fleeing from one State and a find- 
 ing in the other, the presence there being the result of the 
 fleeing. The conjunction connecting the two parts is copula- 
 tive. Both are necessary. If the language were " who shall 
 flee from justice or be found in another State," the' conditions 
 would be different, either fact would suffice for his extradition. 
 
 Fleeing implies bodily locomotion. It is a movement in 
 the exercise of the person's own will, of his own choice. His 
 removal from one State to another by force or by legal process 
 would not constitute a fleeing from justice on his part. The 
 fleeing must be his own voluntary act. 
 
 His voluntary motion from one State to another, however, 
 is still not enough to make him a fugitive. His motive must 
 be to escape justice, or to avoid the punishment of crime by. 
 placing his person where the same liability does not exist. Not 
 every person who goes from one State to another, of his own 
 free will, and is found there, is a fugitive. He must go there 
 to avoid punishment for crime. 
 
 In view of this fact, it is proper that some evidence be 
 taken by both the executives as to the fact of the fleeing, first 
 by the Governor making the requisition, and by him presented 
 to the Governor to whom he addresses the requisition. This 
 evidence must be legal, not hearsay. It must be under oath 
 and must be sufficient to make out a prima facie case of flight. 
 7
 
 98 HOW TO PROCEED. 
 
 This is parti}- the object of the affidavits presented to the Gov- 
 ernor. It is not sufficient for the Governor to know that the 
 person is charged with crime; he must also know that he is a 
 fugitive as well as a criminal, before he is authorized to issue 
 his requisition. The decisions on this point are conclusive 
 and from the best authorities. 
 
 The fact that a party charged with crime in one State is 
 found in another raises the presumption that he is a fugitive, 
 but it is not conclusive. If this presumption were conclusive 
 "a person might be arrested in any State, and surrendered to 
 another for trial on the mere showing that in the latter State 
 an indictment had been found, or a complaint made in due 
 form against him. By this means one might be punished for 
 constructive presence and participation in an offense committed, 
 if at all, at a great distance, as was actually attempted in the 
 noted case of the Mormon prophet Smith, who was arrested as 
 a fugitive from a State where he had never been, and was or- 
 dered to be surrendered for trial for offenses against laws to 
 which he had never been subject. Such a construction would 
 be intolerable."/?^/^ Cooley in Princeton Review, /any., 
 1879, p, 164. 
 
 Difficult Questions. A man in Indiana near the Eastern 
 line of the State shot and killed a man standing beyond the 
 line and in the State of Ohio. The murderer did not flee, but 
 simply remained in the State of Indiana. Can he be extradited 
 into Ohio as a "fugitive from justice?" 
 
 A person in Kentucky sent an infernal machine by express 
 to a person in Georgia which exploded and killed the receiver 
 when he attempted to open it. Is the Governor of Kentucky 
 under obligation to issue his warrant for the arrest and re- 
 moval of this person to Georgia as a fugitive from justice? 
 
 A man in Maine sends a deadly poison to an innocent per- 
 son in New York, by mail, with written instructions to give
 
 DIFFICULT QUESTIONS. 99 
 
 it to a sick friend as it will effect his cure. The poison is given 
 and death ensues. Can the murderer in Maine be extradited? 
 
 A merchant in Topeka, Kansas, obtains a bill of goods from 
 a house in Chicago, Illinois, by false and fraudulent represen- 
 tations. Can he be taken to Chicago for trial? 
 
 It has been claimed by some that the criminal, in cases 
 similar to those given above, while not actually and personally 
 in the State where the effect of his act took place, was never- 
 theless constructively present and hence was constructively a 
 fugitive from justice. The question has been much discussed 
 in the courts and the decisions have not been uniform. The 
 question is, where is the crime committed? In and against 
 the jurisdiction where the offender actually was at the time of 
 the criminal action, or in and against the jurisdiction where 
 the action was completed, the two jurisdictions being different? 
 
 We will not go into the discussion of this question. There 
 is only one clear way over all difficulties, and that is to con- 
 sider that the crime is committed at the place where the of- 
 fender actually was at the time of his action ; then if he does 
 not flee he can be punished there, and if he does he becomes a 
 fugitive and can be extradited without raising any of the diffi- 
 cult questions stated above. As a matter of fact, however, the 
 Constitution contains no provision for the extradition of a 
 criminal who was not present in the State where he is as- 
 sumed to have committed the crime, and who has not actually 
 fled from the justice of the State. There is no such thing as 
 a constructive fugitive. It is futile to inquire whether the 
 framers of the Constitution thought of such a case. If they 
 did they failed to provide for it. We consider that there can 
 be but one answer to the above questions. The persons 
 could not be extradited into the States where their action took 
 effect, according to the Constitution and law, because they 
 were not fugitives from the justice of those States.
 
 IOO HOW TO PROCEED. 
 
 Another Case. Johnson, living in Nebraska, committed a 
 larceny and fled from the State into Missouri. While in Mis- 
 souri he secretly committed murder, and was not at the time 
 suspected of the crime. L,ater the Nebraska authorities located 
 him in Missouri and brought him back upon requisition. He 
 was tried in Nebraska for the larceny and acquitted. He then 
 remained there and took up his residence. Soon after this it 
 was discovered that he committed the murder in Missouri. 
 The Governor of Missouri demanded his delivery on the basis 
 of an indictment for murder. What will be the result? 
 
 There is no question of the first element; he is charged 
 with a crime in Missouri. He is also found in Nebraska, an- 
 other State. But is he a fugitive from justice? He did not 
 flee from Missouri. He was forcibly taken away by process of 
 law and against his will. Being acquitted of the crime charged 
 in Nebraska he decides to remain there, as he has a right to do. 
 Is he under obligation to go back to Missouri and then run 
 away in order to make himself a fugitive? Surely not. ,What 
 can be done? Nothing, as long as the Constitution of the 
 United States is in its present form. Removing him by force, 
 under the circumstances, no matter how strong or perfect the 
 extradition papers were made, would be nothing short of of- 
 ficial kidnaping. 
 
 The Agent's Powers and Duties. The Constitution says 
 nothing about an agent. The act of Congress assumes the 
 power of the executive to appoint an agent and direct the 
 delivery to be made "to such agent when he shall appear." 
 
 This legalizes the appointment of an agent. Governors 
 always appoint an agent. He is entrusted with all the papers, 
 including his own commission. The only limitations are two, 
 one relating to the time within which the agent must arrive 
 to receive the fugitive, which is six months, when he may be 
 discharged if the agent do not appear. The other is as to the
 
 DIFFICULT QUESTIONS. IOI 
 
 expense of the extradition, which must be paid by the agent 
 for the State making the demand. 
 
 Section 5279, Revised Statutes of the United States, reads: 
 
 "Any agent so appointed, who receives the fugitive into his 
 custody, shall be empowered to transport him to the State or 
 Territory from which he fled. And any person who, by force, 
 sets at liberty or rescues the fugitive from such agent while sp 
 transporting him, shall be fined not more than five hundred 
 dollars, or imprisoned not more than one year." 
 
 The agent under this law has the powers of a Sheriff or 
 Marshal. Though appointed by the Governor of a State he is 
 nevertheless acting under the authority of the United States 
 law. 
 
 The agent is not only protected from persons who would 
 rescue his prisoner by force, but no court has authority to in- 
 terfere and discharge the prisoner after he has received him 
 and given his receipt. 
 
 Only one case of this kind has ever come up for judication 
 in this country, so far as we know, and in that the above point 
 was an incident rather than the main feature. It is the case of 
 In re Burke. The following were the facts: 
 
 One Samuel Frank was charged by Leopold Bros. & Co., 
 of Chicago, 111., of obtaining goods from them by false pretense 
 and fleeing from the State into the State of Minnesota. A 
 requisition was issued and James H. Burke appointed agent to 
 receive him. The Governor of Minnesota issued his warrant. 
 Frank was arrested and surrendered to Burke. He started 
 with the prisoner, but in passing through the State of Wiscon- 
 sin, on his direct route to Chicago, Frank in some way, at St. 
 Croix, secured an attorney and applying for a writ of habeas 
 corpus was released. Frank returned to Minnesota and 
 Burke also went back and re-arrested him in St. Paul. Frank 
 was released on a writ of habeas corpus in the county court,
 
 102 HOW TO PROCEED. 
 
 and immediately had Burke arrested for false arrest and im- 
 prisonment. Burke applied to Judge Nelson of the District 
 Court of the United States for the District of Minnesota for a 
 writ of habeas corpus. The Judge granted the writ, and, upon 
 the hearing, released him. The only part of his decision per- 
 tinent to this question is his remarks upon the action of the 
 court of St. Croix, Wis., in interfering with the agent, Burke, 
 while passing through the State with his prisoner. We select 
 a few sentences from his decision: 
 
 "If the prerequisites of the law of 1793 were complied with, 
 and the warrant of the executive of the State to which the 
 fugitive has fled is issued on the requisition of the executive of 
 the demanding State, accompanied by a copy of an affidavit, 
 charging a crime, under the laws of the latter, certified as 
 authentic by the executive, and an arrest is made and delivery 
 to the agent of the demanding State, then the person so ar- 
 rested is legally restrained of his liberty and may be removed 
 to the State having jurisdiction of the crime. A discharge of 
 the person under the writ of habeas corpus, by a judge of any 
 court, whether State or Federal, would be coram non judice, 
 and void. 
 
 "This presents the question whether the judge of St. Croix 
 County exceeded his jurisdiction under the writ of habeas cor- 
 pus, and his discharge of Frank is a nullity? I think this action 
 of the State court of Wisconsin is the first reported instance of 
 any interference by the judiciary of a State through whose ter- 
 ritory the fugitive from justice is being transported, after the 
 concurrent action of the two States alone interested in the 
 transaction. * * * 
 
 "The first section of the fourth article of the Constitution 
 provides that full faith and credit shall be given to the public 
 acts, records and judicial proceedings of every other State," 
 
 p4-p 5fC *T* *t*
 
 REVOKING THE WARRANT. 103 
 
 "The papers presented on his return to the writ of habeas 
 corpus before the State court of Wisconsin, and now by the pe- 
 titioner before me, show that all prerequisites are complied 
 with, and if 'full faith is to be given to the public acts, records 
 and judicial proceedings' of any other State in the State of 
 Wisconsin, these papers, duly authenticated under seals of the 
 States of Minnesota and Illinois, and signed by the executive 
 of each State, are so entitled. If so, then under the writ of 
 habeas corpus, the court in Wisconsin, on discovering, by the 
 return of the agent, that the person in custody was held by vir- 
 tue of the Constitution and Laws of the United States in re- 
 spect of fugitives from justice, and the two States interested in 
 the transaction had concurred in their action, should have pro- 
 ceeded no further. Any action obstructing this Constitutional 
 right was absolutely void." 
 
 This decision supports our position. The agent, having re- 
 ceived the fugitive, may conduct him in custody from Maine to 
 California without any danger of lawful interference either 
 by private parties or by courts. 
 
 Revoking the Warrant. As seen in the case of Gaffigan 
 and Merrick, the Governor of a State may, after issuing his 
 warrant, and after the fugitive has been arrested, but before his 
 delivery to the agent, grant him a rehearing of the case, and 
 if he see fit, upon the new evidence introduced, revoke his war- 
 rant and order the prisoner discharged. In Ohio, Governor 
 Young revoked a warrant issued by Governor Hayes, and the 
 Supreme Court held as to this act, in Work vs. Covington, 34 
 Ohio St. 64, that "if a warrant for the surrender of a fugitive 
 from justice is obtained in a case in which it should not have 
 been issued, the Governor may revoke it, whether issued by 
 himself or his predecessor." Judge Okey delivered the opin- 
 ion of the court and added: "It appears from the abstract of 
 the record in the Executive Department, that Governors
 
 104 HOW TO PROCEED. 
 
 Thomas W. Bartley, Salmon P. Chase, John Brough, Jacob D. 
 Cox, Rutherford B. Hayes, William Allen and Thomas L,. 
 Young, each in some form or another, revoked a warrant of 
 extradition, and some of them exercised that authority repeat- 
 edly; and it is well known that other Governors of this and 
 other States have often exercised the same power." 
 
 There is no question of the Governor's authority to revoke 
 his warrant before the fugitive is surrendered to the agent ; af- 
 ter that would be too late. 
 
 HABEAS CORPUS. 
 
 There is only one purpose of the writ of habeas corpus and 
 that is to secure a judicial inquiry into the legality of the arrest 
 and restraint of a person from his liberty. 
 
 The principle underlies our whole judicial system, resting 
 for authority finally upon the Constitution of the United States, 
 that when a person is forcibly deprived of his liberty a com- 
 petent court of justice may inquire into the cause of his re- 
 straint, upon his application for a writ of habeas corpus, and 
 may, if such restraint appears to be unlawful, grant the writ 
 and order his release. 
 
 In order to secure the issuance of the writ the application 
 for it must show a prima facie case of illegal detention, for if 
 the application for the writ admits the lawfulness of the deten- 
 tion there would be no question to be determined by the exam- 
 ination. The granting of the writ of habeas corpus does not re- 
 lease the prisoner. The writ is directed to the person detain- 
 ing another and commands him to produce the body of the 
 prisoner before the court for the purpose of inquiring into the 
 legality of the restraint. The application for the writ is made 
 by the prisoner, and, as said before, in order to secure a hear- 
 ing at all, or the issuance of the writ, must make out a prima 
 facie case of unlawful restraint. The prisoner is then brought
 
 HABEAS CORPUS. 105 
 
 before the court and all the circumstances of his arrest and re- 
 straint are gone into in a judicial inquiry. If the restraint is 
 found to be lawful the prisoner will be remanded to the custody 
 of the officer ; if unlawful he will be discharged. There is only 
 one question to be determined in this examination and that is 
 the lawfulness of the custody. 
 
 There is no provision in the Constitution or L,aw of Con- 
 gress for habeas corpus proceedings in extradition cases, yet the 
 principle is so firmly grounded in our whole judicial system 
 that it has always been the practice of courts to assume that 
 they have the same right to inquire into the legality of a Gov- 
 ernor's warrant as that issued by any other authority. And 
 this has been done from the earliest history of the Government, 
 and many prisoners have been discharged from custody be- 
 cause of some illegality or irregularity in the proceedings. 
 This is the only ground upon which a prisoner is ever discharg- 
 ed, upon an examination under a writ of habeas corpus : If the 
 proceedings are regular and fulfill all the legal requirements 
 the prisoner will be remanded to custody under the executive 
 warrant. The right of courts "to interfere by writ of habeas 
 corpus and examine the grounds upon which the executive 
 warrant for the apprehension of an alleged fugitive from jus- 
 tice from another State is issued, and, in case the papers are 
 defective and insufficient, to discharge the prisoner," has been 
 determined in the affirmative by the Court of Appeals of New 
 York in The People vs. Brady, 56 N. Y., 182, also in The Mat- 
 ter of Manchester, 5 Cal. 237. Judge Ray, of South Carolina, 
 however, as early as 18 14, in Ex parte Willard & Wife, took 
 the opposite view, declaring that a person arrested as a fugitive 
 from justice by the warrant of a Governor, is excepted from 
 the habeas corpus remedy, "by the operation of the Constitution 
 and Laws of the United States." 
 
 This view has had no considerable following, however, the
 
 I06 HOW TO PROCEED. 
 
 universal practice being now, in South Carolina as well as all 
 other States of the Union, to grant the writ if a proper case is 
 made out in the application. 
 
 A number of cases and decisions might be cited in accord- 
 ance with this view, but lack of space compels us to content 
 ourselves with one to which reference was previously made, 
 Ex parte Joseph Smith, reported in 3 McL,ean, 121. Smith ap- 
 plied to the Circuit Court of the United States for a writ of 
 habeas corpus, claiming that he was unlawfully restrained of 
 his liberty by an arrest under a warrant of the Governor of 
 Illinois upon a requisition from the Governor of Missouri. 
 Copies of all the papers were presented to the court. The affi- 
 davit charging the crime was made by Ljlburn W. Boggs, be- 
 fore a magistrate in Missouri. The affidavit read as follows: 
 
 "This day personally appeared before me, Samuel Weston, a 
 justice of the peace, within and for the county of Jackson, the 
 subscriber, Lilburn W. Boggs, who, being duly sworn, doth de- 
 pose and say that, on the night of the 16th day of May, 1842, 
 while sitting in his dwelling, in the town of Independence, in 
 the county of Jackson, he was shot with intent to kill, and that 
 his life was despaired of for several months, and that he be- 
 lieves, and has good reason to believe, from evidence and 
 information now in his possession, that Joseph Smith, com- 
 monly called the Mormon Prophet, was accessory before the 
 fact of the intended murder, and that said Joseph Smith is a 
 citizen or resident of the State of Illinois ; and that the said 
 deponent hereby applies to the Governor of the State of Mis- 
 souri, to make a demand on the Governor of the State of Illi- 
 nois to deliver the said Joseph Smith, commonly called the 
 Mormon Prophet, to some person authorized to receive and 
 convey him to the State and county aforesaid, there to be dealt 
 with according to law." 
 The Governor of Missouri issued his requisition for Smith,
 
 HABEAS CORPUS. 107 
 
 and described him as a " fugitive from justice." The Governor 
 of Illinois issued his warrant for the arrest and delivery of 
 Smith to the agent of the State of Missouri. The above affi- 
 davit was the basis of the action of both Governors. The 
 court upon the hearing on the return to the writ discharged 
 the prisoner on the ground that the affidavit was not sufficient 
 to justify the warrant of arrest. , 
 
 It was not positive, but merely expressed the belief of 
 Boggs, and that belief related to a conclusion of law. It did 
 not, in fact, charge a crime as having been committed in Mis- 
 souri. It did not show that Smith was in Missouri at the time 
 of the alleged offense. It did not show or state that he had 
 fled from the State. The court said: "The warrant of the 
 Governor of Illinois recites facts which do not appear in the 
 affidavit. The court can only regard the facts set forth in the 
 affidavit of Boggs as having any legal existence. The mis- re- 
 citals and over-statements in the requisition and the warrant 
 are not supported by oath, and can not be received as evidence 
 to deprive a citizen of his liberty, and transport him to a 
 foreign State for trial. For these reasons Smith must be dis- 
 charged." 
 
 The fact that both the Governors called Smith "a fugitive 
 from justice" was not regarded by the court as legal proof that 
 he was such. The original affidavit did not so charge and it 
 was the only legal proof before the court. 
 
 It will be observed that the court in this instance had all 
 the papers in the case before it. If, as is frequently the case, 
 only the Governor's warrant had been presented to the court, 
 it can not be determined how the decision would have been, 
 but it is quite probable that if it had shown upon its face that 
 Smith was charged with a crime in Missouri, and that he was 
 a fugitive from justice in Illinois, the court would have declined 
 to go behind that prima facie evidence. But when all the pa-
 
 108 HOW TO PROCEED. 
 
 pers are before the court they will examine all the evidence to 
 ascertain if proceedings have been in accordance' with the Con- 
 stitution and L,aws of the United States, and the affidavit is the 
 best evidence. This shows the importance to a person unlaw- 
 fully restrained of his liberty, in an extradition proceeding, of 
 having all the papers in the case before the court upon the 
 hearing under the writ of habeas corpus. 
 
 JURISDICTION. 
 
 The State and Federal courts have concurrent jurisdiction 
 in habeas corpus cases arising under extradition proceedings. 
 All the laws, rules and decisions are based upon the Constitu- 
 tion of the United States and the act of Congress relating to 
 extradition. The law of the Nation is the law of the State. 
 When the State court of Wisconsin illegally released the pris- 
 oner Frank, whom the agent Burke was bringing from Minne- 
 sota to Illinois, the District Court of the United States, Judge 
 Nelson presiding, declared that if the prerequisites of the law 
 of 1793 are complied with and the fugitive has been delivered 
 to the agent of the demanding State, then a "discharge of the 
 person under a writ of habeas corpus, by the judge of any court, 
 whether State or Federal, would be coram ?ion judice and 
 void." 
 
 A person believing himself to be unlawfully detained may 
 apply for a writ of habeas corpus to either a State or Federal 
 court. 
 
 Limitation of Jurisdiction. A question that has puzzled 
 jurists not a little, is whether a person may be brought into a 
 jurisdiction ostensibly for the purpose of punishing him for a 
 crime and then be compelled to answer a civil process, or to be 
 tried for an entirely different offense than the one charged. 
 
 The principle of law is well settled that a person who has 
 been brought into the jurisdiction of a court on a criminal
 
 JURISDICTION. IO9 
 
 charge, which is a mere pretext for the purpose of proceeding 
 against him in a civil action, can not be arrested and held in 
 such action at the suit of any one who was in any way inter- 
 ested in such abuse of a legal process. 
 
 It is not well settled, however, whether a person can be ex- 
 tradited for one offense and then punished for another com- 
 mitted prior to his extradition. And as to subjection to civil 
 processes there seems to be still more doubt. The Supreme 
 Court of Illinois, in Wanzer vs. Bright, 52 111., 35 held: "1. 
 That no court will take jurisdiction of a party when it is ob- 
 tained by fraud; that a defendant is not amenable to process un- 
 less he is in, or voluntarily comes within, the territorial jurisdic- 
 tion of the court; and that even a valid and lawful act can not 
 be accomplished by such unlawful means as enticing a party by 
 fraud to come within the jurisdiction of the court, so as to sub- 
 ject him to process. 2. That when a party has been fraud- 
 ulently induced to come within the jurisdiction of a court, so 
 as to render him or his property amenable to its process, he 
 may have his action therefor. 3. That when a party was de- 
 coyed from one State into another, for the purpose of his arrest 
 in the latter State, in a civil action, the creditors guilty of such 
 fraudulent conduct and abuse of process, not only could not 
 make them availing for the purpose intended, but were liable 
 to an action at the suit of the party for the illegal arrest and 
 imprisonment." 
 
 There is no reason why these principles should not apply 
 in cases of extradition. Judge Cooley says: "To obtain the 
 surrender of a man on one charge, and then put him upon 
 trial on another, is a gross abuse of the constitutional compact. 
 We believe it to be a violation also of legal principles." 
 
 It has been held in Kentucky that a fugitive surrendered 
 on one charge is* exempt from prosecution on any other. 
 
 It is also a general rule of law that where a man is in the
 
 IIO HOW TO PROCEED. 
 
 jurisdiction of a court by compulsion for a special purpose, that 
 his presence there shall not be taken advantage of to subject 
 him to legal demands or restraints for any other purpose. 
 
 The decisions on these questions have not been uniform and 
 still this is the only proper view to take of the matter and the 
 only view that is consistent with the spirit and letter of the 
 Constitution and Laws of the United States providing for the 
 extradition of criminals. 
 
 The strongest opposing opinion we have seen comes from 
 the Supreme Court of Wisconsin in the case of The State vs. 
 Stewart, 19 N. W. Rep. 429. The case came up from the 
 Circuit Court of Columbia County, on a writ of certiorari. 
 The relator was extradited from Indiana to Wisconsin on 
 a charge of embezzlement, tried and acquitted. He was 
 immediately arrested on another charge, that of obtaining 
 property under false pretense and committed to prison. 
 He applied to Judge Alva 'Stewart, of the Circuit Court, on 
 a writ of habeas corpus, claiming that he was unlawfully re- 
 strained of his liberty; that after his acquittal on the other 
 charge he should have been given proper time to return to 
 Indiana, from which State he was extradited. Judge Stewart 
 decided that he was properly held and ordered him into the 
 custody of the sheriff. The case went to the Supreme Court 
 on certiorari. The court affirmed the opinion of the lower 
 court. Judge Cassoday delivered the opinion of the court and 
 in his conclusion used the following language: 
 
 "It follows that the relator might have been again ex- 
 tradited had he been allowed to go to Indiana after being dis- 
 charged on the first offense. This being so, there seems to be 
 no practical reason for holding that the relator could not be 
 legally arrested immediately upon the discharge from the first 
 offense, instead of being allowed to escape the State and then 
 brought back on requisition. Such an arrest in such a case
 
 GENERAL REMARKS. 1 1 1 
 
 was certainly not in violation of any law of the United States. 
 It was not in conflict with any agreement between the States. 
 It was no breach of any executive pledge. It was no interrup- 
 tion of any comity between the States. We must, therefore, 
 hold that the arrest was not illegal by reason of any of the ob- 
 jections mentioned." 
 
 We incline to the view of Judge Cooley that extraditing a 
 man on one charge and trying him on another "is a gross 
 abuse of the constitutional compact." True, the constitution 
 does not establish the doctrine in express words, yet the impli- 
 cation is so strong as to have the force of express language. 
 
 The Supreme Court of the United States has never passed 
 upon the question, and until it does the decisions of State 
 courts will probably be as inconsistent in the future as they 
 have been in the past. 
 
 GENERAL REMARKS. 
 
 We have given the law as far as it has been settled by leg- 
 islation or judicial decision on the subject of inter-State extra- 
 dition. We desire to warn detectives, officers and agents, how- 
 ever, that the law is not always strictly followed, either by the 
 courts or the officers. Many tricks are resorted to in order to 
 secure the release of a prisoner from an agent, or by the agent 
 to get possession of his man, that are not only unlawful but 
 positively disgraceful. If the fugitive is rich and influential 
 his money will secure the best legal talent, obtain favors from* 
 officers and courts, prolong contests that to a poor man wiuld 
 seem hopeless and frequently bring about results that, thrown 
 in the scales of justice against the proved facts, would fly sky- 
 ward like a rocket. On the other hand, promise of a handsome 
 reward frequently induces officers and agents to over step the 
 strict boundaries of the law and resort to tricks and disreputable 
 means not sanctioned by either law or equity to secure the re- 
 turn of a prisoner.
 
 112 HOW TO PROCEED. 
 
 Our counsel is against all unlawful methods. Do not re- 
 sort to tricks and do not countenance them in others. The 
 basis of this government is obedience to law. Any general 
 departure from this fundamental principle would result in 
 anarchy. 
 
 Still, every officer must be on the alert for sharp practice 
 and not get caught napping. Watch every movement of the 
 opposing party and be ready to meet it. A careful study of 
 the foregoing pages will disclose to every intelligent officer the 
 necessary elements to make out an extraditable case. See that 
 your papers are all right, that they allege all the necessary con- 
 stitutional conditions of extradition, and if they do not, have 
 them right before proceeding. It is not necessary that they 
 be in the exact words of the forms "given on the preceding 
 pages but the substance should be the same. In fact the forms 
 gotten up by the different States all vary in language, yet all 
 must show: i. That a crime is charged by affidavit or com- 
 plaint. 2. That the charge is properly authenticated. 3. That 
 the person charged is a fugitive from justice. 
 
 We advise against attempting to extradite a fugitive on 
 complaint if it can possibly be avoided. Executives look with 
 much disfavor on papers based on complaint and frequently 
 refuse to issue the warrant. And if the Governor refuses to 
 issue the warrant there is no power on earth can compel him 
 to do it. And if the Governor issues his warrant, based upon 
 complaint, the prisoner is likely to get off on a writ of habeas 
 corpus. Always have an indictment returned against the fugi- 
 itive if possible. This is much more satisfactory, because it 
 shows that a jury of fifteen men have examined the evidence 
 against the party and that at least twelve of them think it suf- 
 ficiently strong to justify them in bringing him to trial, where 
 all the facts on both sides can be heard.
 
 CHAPTER IV. 
 
 EXTRADITION. INTERNATIONAL. 
 
 OUR discussion of the subject of . Extradition has been 
 confined to the surrender of fugitives from one State 
 of the Union to another, or inter-State extradition. 
 This, while the narrower field, is the one in which the 
 large majority of extradition cases arise. It is important, how- 
 ever, for officers to be posted on the principles and rules gov- 
 erning International Extradition, or the surrender of fugitives 
 from one sovereign and independent nation to another upon 
 demand. 
 
 As the basis of inter-State extradition is the constitution of 
 the United States, so the basis of international extradition is 
 in the treaties or compacts existing between nations. 
 
 Some writers upon the Law of Nations, as Grotius, Vattel, 
 Rutherford, Kent, Burlamaqui and others, have held, in the 
 language of Mr. Wheaton, "that according to the law and usage 
 of nations, every sovereign State is obliged to refuse an asylum 
 to individuals accused of crimes affecting the general peace and 
 security of society, and whose extradition is demanded by the 
 government of that country within whose jurisdiction the crime 
 has been committed." A number of other writers, as Puffen- 
 dorf, Kluber, Schmaltz, Veot, Saalfield, Heffter and others, in 
 the language of the same distinguished author, have maintained 
 that "the extradition of fugitives from justice is a matter of 
 imperfect obligation only, and though it may be habitually 
 practiced by certain States as the result of mutual comity and 
 convenience, requires to be confirmed and regulated by special 
 compact, in order to give it the force of an international law." 
 8 113
 
 114 HOW TO PROCEED. 
 
 The conflict of opinion among these eminent writers, all of 
 whom are foreigners except Kent, shows the unsettled condi- 
 tion of the principle of international extraditions in European 
 countries as recently as a quarter of a century ago. In nearly 
 all European countries the subject is now regulated by treaties, 
 and where no treaty exists the same uncertainty prevails, only 
 the practice is more settled now to refuse to extradite a fugi- 
 tive unless there is a positive contract between the nations 
 covering that particular crime. 
 
 It has never been the practice of the United States Govern- 
 ment either to demand or surrender a fugitive in the absence 
 of special treaty stipulations providing for it. 
 
 The only notable exception was in the case of Arguelles, 
 an officer of the Spanish army in Cuba. In 1864 the Captain- 
 General of Cuba requested Secretary of State Seward to order 
 the arrest and delivery of Don Jose Augustin Arguelles, 
 charging him with a gross offense against the laws of Spain re- 
 lating to the slave trade, and alleging that Arguelles was a 
 fugitive, having fled to New York with a large sum of money, 
 the fruit of his crime. Secretary Seward, with the approval of 
 President Lincoln, ordered thearrest and delivery of Arguelles 
 to the Spanish authorities, although there was no treaty with 
 Spain providing for such action. Arguelles was so speedily 
 and summarily taken out of the country that he had no oppor- 
 tunity to apply to a court of justice to test the lawfulness of 
 the proceeding. 
 
 The Senate of the United States afterward made inquiry 
 about the case and the President and Secretary defended their 
 action upon the ground that it was done in "virtue of the law 
 of nations and the Constitution of the United States." 
 
 As to the law of nations, as seen above, it is in a state, of 
 confusion in the absence of treaty; and as to the Constitution 
 of the United States it does not contain a clause or a word in
 
 EXTRADITION. INTERNATIONAL. 1 15 
 
 reference to the extradition of fugitives charged with the 
 commission of crime in foreign countries, independent of treaty 
 stipulations. 
 
 Without going into the discussion of the subject we will 
 say that it is now pretty definitely settled in this country that 
 no department of the general government is either bound or 
 authorized to deliver up criminals from other countries unless 
 special provision is made for it by treaty. See The Common- 
 wealth vs. Deacon, 10 Serg. & Rawle, 125; The U?iited States 
 vs. Davis, 2 Sumn., 482; The Case of Jose Ferreira Dos Santos. 
 2 Brock., 493: Adriance vs. Lagrave, 59 N. Y., no. 
 
 It being settled that the United States Government is 
 neither bound nor authorized to surrender a fugitive from an- 
 other country in the absence of treaty stipulations, and can not 
 demand the same by right or authority of other nations, the 
 question arises, have the States of the Union the power to de- 
 liver up fugitives from other foreign countries upon de- 
 mand from those countries? 
 
 Neither will we go into an elaborate discussion of this sub- 
 ject. Two considerations, we think, settle it, although other 
 arguments could be adduced : 1 . If the United States govern- 
 ment is not authorized to deliver fugitives without treaty cer- 
 tainly the States could not, for this is a principle that ^applies 
 to all nations. 2. If the States can not deliver fugitives in the 
 absense of treaty, they can not do so at all, for the Constitu- 
 tion of the United States, in the first clause of Sec." 10, Article 
 I, says : " No State shall enter into any treaty, alliance or con- 
 federation with any foreign power." And further along, in 
 the same section, it says that " no State shall enter into any 
 agreement or compact with another State, or with a foreign 
 power," without the consent of Congress. 
 
 This settles the question. The States are excluded by the 
 Constitution from all official intercourse with foreign nations.
 
 Il6 HOW TO PROCEED. 
 
 They can not make a treaty. They can not contract to de- 
 liver up a fugitive, and they can not do the thing itself, for no 
 State can do a thing which it has not the power to agree to do. 
 See The People, ex rel. Francis C. Barlow vs. Curtis, 50 N. Y. 
 321. 
 
 The Treaty Power. The Constitution of the United States 
 reposes the power of making treaties in the President and 
 Senate. Article II, Sec. 2, reads : "He (the President) shall 
 have power, by and with the advice and consent of the Senate, 
 to make treaties, provided two-thirds of the Senators concur." 
 This language, being general, covers all sorts of treaties, as 
 Justice Story remarks, "for peace or war, for commerce or 
 territory, for alliance or succors, for indemnity, for injuries or 
 payment of debts, for the recognition and enforcement of prin- 
 ciples of public law, and for any other purposes which the pol- 
 icy or interests of independent sovereigns may dictate in their 
 intercourse with each other." 
 
 Still the treaty power is limited by the Constitution itself, 
 not in words but by construction, for it can not be supposed 
 that the President and Congress are authorized to make a 
 treaty that would supersede or interfere, in any way, with the 
 other fundamental provisions of the Constitution. 
 
 There is no question, then, that the subject of extradition 
 comes within the treaty power, especially as it has been made 
 the subject of treaties between different countries from very 
 early times. " 
 
 Citizens and Foreigners. It has been claimed by some that 
 a difference ought to be made between citizens and foreigners; 
 that if a citizen of the United States should commit a crime 
 in England and flee to this country, his home, the Government 
 ought to be under less obligation to deliver him up than a cit- 
 izen of England who should flee here for refuge. But there is 
 no distinction made whatever. Some treaties distinctly pro-
 
 EXTRADITION TREATIES. 1 17 
 
 vide that neither nation shall be obliged to deliver up its own 
 citizens, and, of course, in this case there is no obligation to 
 deliver them up the contract must be carried out. But many 
 treaties make no such provision, and in this case no difference 
 is made. 
 
 EXTRADITION TREATIES. 
 
 The object of a treaty between two sovereign powers is to 
 establish reciprocal rights and impose reciprocal obligations. 
 The contract gives each the right to demand of the other a 
 fugitive, a*nd imposes on each the duty to deliver up such fugi- 
 tive when the conditions are in accordance with the treaty 
 stipulations. It is for each political sovereignty to determine 
 how far it will concede to another the right to demand, and 
 how far it will assume the obligation to surrender fugitives. 
 When this is once determined by treaty the rights and obliga- 
 tions become reciprocal. Still the faithfulness with which the 
 provisions of the treaty are carried out depends entirely upon 
 national honor, for there is no way of enforcing the provisions 
 of a treaty except by war. 
 
 Crimes. In the treaties now existing between the United 
 States and foreign nations there are altogether about thirty 
 crimes for which extradition is provided. The principal ones 
 are: i. Arson. 2. Assassination. 3. Assault with intent to 
 commit murder. 4. Bigamy. 5. Burglary. 6. Circulation or 
 fabrication of counterfeit money. 7. Counterfeiting public 
 bonds, bank bills, securities, stamps, dies, seals, etc. 8. Em- 
 bezzlement of public money. 9. Embezzlement by public offi- 
 cers. 10. Embezzlement by persons hired or salaried. 11. 
 Forgery. 12. Utterance of forged paper. 13. Infanticide. 14. 
 Kidnaping. 15. Murder. 16. Mutiny. 17. Mutilation. 18. 
 Parricide. 19. Piracy. 20. Poisoning. 21. Rape. 22. Rob- 
 bery. 
 
 There are several other crimes of a special nature provided
 
 Il8 HOW TO PROCKKI). 
 
 for in a few treaties, as fraudulent bankruptcy and fraudulent 
 barratry in the treaty with Peru, abortion and the willful de- 
 struction or obstruction of railroads, endangering human life, 
 in the treaty with Belgium. The nations to a treaty frequently 
 speak different languages, in which case the treaty is written in 
 both languages. The terms or names used to designate crimes 
 are the titles known and acknowledged between the parties to 
 mean the same thing. If there is a different shade of meaning 
 or doubt as to the meaning the definition is given, as in the 
 supplemental article of Feb. 24, 1845, to the treaty of 1843 
 with France, burglary is placed in the extradition list and de- 
 fined to be "breaking and entering by night into the mansion- 
 house of another with intent to commit felony." If we have a 
 statutory definition of burglary different from this, and the stat- 
 utory crime were committed, we could not extradite the fugi- 
 tive from France under this treaty. In order to extradite un- 
 der a treaty the crime must be exactly the same as the one pro- 
 vided for by the treaty. The definition can not be enlarged or 
 changed to a slightly different shade of offense, but must be 
 interpreted strictly. 
 
 Evidence. In the United States treaties the rule of evi- 
 dence is that of the country on which the demand is made. As 
 much evidence should be adduced to sustain the charge of crim- 
 inality on which the demand is based as would justify the arrest 
 and committment for trial in the country on which the demand 
 is made. The laws of the country making the demand have 
 nothing to do with this rule of evidence. The same is true in 
 regard to determining whether the crime falls within the pro- 
 visions of the treaty. The nation upon which the demand is 
 made always decides this question. 
 
 The demand must be made by the highest political author- 
 ity of the nation, or by ministers or officers, duly authorized to 
 make such demand. The demand, must recite the crime with
 
 EXTRADITION TREATIES. I 19 
 
 which the fugitive is charged ; it must be accompanied by 
 properly authenticated evidence of the guilt of the accused, and 
 the crime charged must be one for which extradition is pro- 
 vided in the treaty. , The demanding nation must make out its 
 case and the nation on whom the demand is made is the sole 
 judge of whether the case is made out, and from its decision 
 there is no appeal. If the treaty specifically provides what 
 evidence or proof shall be submitted, as is sometimes the case, 
 then this must be followed. 
 
 The first treaty ever negotiated by the United States Gov- 
 ernment, which contained extradition provisions, was with 
 Great Britain in 1794, and the 27th article of that treaty pro- 
 vided for the extradition of fugitives charged with murder and 
 forgery. This provision of the treaty expired by limitation in 
 1806 and from that time to 1842 there was no extradition treaty 
 existing between Great Britain and the United States. The 
 treaty of 1842 added five crimes to the two of the old treaty, 
 making seven in all. The treaty with Italy ratified March 3, 
 1868, recites eight extradition crimes. Each treaty stands 
 alone and contains such list of crimes as the high contracting 
 parties deem conducive to the ends of justice. As a rule, mis- 
 demeanors and all minor offenses are omitted, only the graver 
 and more heinous crimes being made extraditable. Political 
 offenses are expressly excluded from twenty of the treaties now 
 existing between this and foreign countries. Treason and 
 sedition are political offenses ; so would be crimes against the 
 right of suffrage. Sometimes crimes that would ordinarily be 
 considered political are declared not to be, and made extradit- 
 able, as in the treaty with Belgium, of June 13, 1882, which 
 provides that " an attempt against the life of the head of a 
 foreign Government, or against that of any member of his 
 family, when such attempt comprises the act either of murder 
 or assassination, or of poisoning, shall not be considered a polit- 
 ical offense, or an act connected with such an offense."
 
 120 HOW TO PROCEED. 
 
 Crimes committed before the treaty is made are expressly 
 excluded in eight existing treaties, and three others exclude 
 crimes committed before the date of ratification of the treaty. 
 If crimes committed before the treaty is made are not ex- 
 pressly excluded from its operation they become extraditable 
 under the treaty. Judge Blatchford decided this point in the 
 case of Angelo De Giacomo, 12 Blatch. 391, who was extradited 
 under the treaty between the United States and the King of 
 Italy. Judge Blatchford said that inasmuch as there was " no 
 stipulation precluding its application to crimes committed be- 
 fore the date of the treaty, that it was applicable to such of- 
 fenses, if within the enumeration, as well as to those com- 
 mitted subsequently to its date." 
 
 Two of these treaties declare that no surrendered person 
 shall be tried for a crime committed before the one for which 
 he was extradited. 
 
 If the person demanded has committed a crime in the 
 country in which he has taken refuge, and has there been ar- 
 rested for it, or is undergoing prosecution or punishment for 
 it, extradition is ordinarily deferred until his acquittal, or the 
 expiration of his punishment. This is expressly provided for 
 in twenty-two of these treaties. 
 
 If two countries demand a fugitive at the same time from 
 a third, the custom is to surrender to the demand which is the 
 earliest in date, and this is expressly provided for in the pres- 
 ent treaty with Spain. 
 
 A fugitive extradited to one country should not by that 
 country be surrendered to a third without the consent of the 
 first country unless the accused consent to go or unless he re- 
 main in the country receiving him first a sufficient length of 
 time to have gone back to the country from which he was first 
 brought. The present treaty with Belgium provides for this 
 and fixes the time at one month after his discharge.
 
 EXTRADITION TREATIES. 121 
 
 Convicts. Unless the treaty expressly stipulate convicts 
 they will not be extradited. In eleven existing treaties con- 
 victs are included. In other cases the fugitive is charged with 
 crime and demanded for trial and punishment. Convicts are 
 presumed to have been tried and are simply demanded for 
 punishment. 
 
 It is now well settled in International Extradition that a 
 person can not be put upon trial for a different crime from that 
 for which he was extradited. If the fugitive, after his extradi- 
 tion, however, should commit a crime in the country that de- 
 manded and received him, the fact of his extradition would 
 give him no immunity from the consequences of this crime. 
 The fugitive has a right of asylum in the country to which he 
 has fled as to all crimes committed in the demanding country 
 prior to his extradition. When the country withdraws this 
 right of asylum and delivers him up, it does so only as to those 
 crimes, and offers no protection against any crime that he may 
 commit in the future. 
 
 The decisions on this question are numerous and elaborate 
 and the customs of courts in all countries are almost uni- 
 form in the position that a fugitive can not be tried for any 
 crime other than the one for which he was extradited, unless 
 it be committed subsequent to his extradition. 
 
 We have not space to give the entire text of all the existing 
 extradition treaties between the United States and foreign 
 countries, but the following synopses will be found to contain 
 all the essential features of each. We present them in chrono- 
 logical order, giving dates, countries, extraditable crimes in 
 each, and special provisions. The expense is always borne by 
 the party who makes the requisition. 
 
 I. GREAT BRITAIN, AUGUST 9, 1 842. 
 
 Crimes. 1. Murder. 2. Assault with intent to commit 
 murder. 3. Piracy. 4. Arson. 5. Robbery. 6. Forgery. 
 7. Utterance of forged paper.
 
 122 HOW TO PROCEED. 
 
 Evidence. Such as according to the laws of the place where 
 the fugitive or person so charged shall be found, would justify 
 his apprehension and commitment for trial if the crime or of- 
 fense had there been committed. 
 
 II. FRANCE, NOVEMBER 9, 1 843. 
 
 Crimes. 1. Murder (comprehending the crimes designated 
 in the French Penal Code by the.terms assassination, parricide, 
 infanticide, and poisoning). 2. Attempt to commit murder. 3. 
 Rape. 4. Forgery. 5. Arson. 6. Embezzlement by public 
 officers when the same is punishable with infamous punish- 
 ment. 
 
 Surrender is made on the part of France by the Keeper of 
 the Seals, Minister of Justice, and of the United States by 
 authority of the "Executive. 
 
 Provisions do not apply to said crimes committed anterior 
 to date of treaty, nor to political offenses. 
 
 Treaty continues in force until abrogated by the consent of 
 the parties. 
 
 Additional Article, Feb. 24, 1845. This article added two 
 crimes, robbery and burglary, and was made a part of the orig- 
 inal treaty. It defines both crimes: Robbery, the felonious and 
 forcible taking from the person of another, of goods or money 
 to any value, by violence, or putting him in fear. Burglary, 
 breaking and entering by night into a mansion-house of an- 
 other, with intent to commit felony, and the corresponding 
 crimes included under the French law in the words vol qual- 
 ifie crime. 
 
 Additional Article, Feb. 10, 1858. This article added the 
 following crimes to the others : Forging or knowingly passing 
 or putting in circulation counterfeit coin, or bank notes, or 
 other paper current as money, with intent to defraud any per- 
 son or persons ; embezzlement by any person or persons hired 
 or salaried, to the detriment of their employers, when these 
 crimes are subject to infamous punishment.
 
 EXTRADITION TREATIES. 1 23 
 
 III. HAWAIIAN ISLANDS, DECEMBER 20, 1 849. 
 
 Crimes. 1. Murder. 2. Piracy. 3. Arson. 4. Robbery. 
 
 5. Forgery or the utterance of forged paper. 
 
 Evidence. Same as Great Britain. 
 
 IV. SWISS CONFEDERATION, NOVEMBER 25, 1850. 
 
 Crimes. 1. Murder (including assassination, parricide, in- 
 fanticide and poisoning). 2. Attempt to commit murder. 3. 
 Rape. 4. Forgery or the emission of forged papers. 5. Arson. 
 
 6. Robbery with violence, intimidation or forcible entry of an 
 inhabited house. 7. Piracy. 8. Embezzlement by public offi- 
 cers, or by persons hired or salaried to the detriment of their 
 employers, when these crimes are subject to infamous punish- 
 ment. 
 
 Surrender is made on the part of the Swiss Confederation 
 by the Federal Council. 
 
 Offenses committed before date of treaty excluded. 
 
 This treaty was made for ten years and renewable from 
 year to year, without official notice by either party that they 
 desired to withdraw. It can be terminated at any time by 
 either party, giving twelve months' notice. 
 
 V. PRUSSIA AND OTHER STATES, JUNE l6, 1852. 
 
 This treaty expressly includes the following States of the 
 German Empire: Prussia, Saxony, Hesse, Hesse and on Rhine, 
 Saxe-Weimar-Eisenach, Saxe-Meiningen, Saxe-Altenburg, Saxe- 
 Coburg-Gotha, Brunswick, Anhalt-Dessau, Anhalt-Bernburg, 
 Nassau, Schwarzburg-Rudolstadt, Schwarzburg-Sondershaus- 
 en, Waldeck, Reuss (elder branch), and Ruess (junior branch), 
 Lippe, Hess-Homburg, and the free city of Frankfort. 
 
 Crimes. 1. Murder. 2. Assault with intent to commit 
 murder. 3. Piracy. 4. Arson. 5. Robbery. 6. Forgery. 7. 
 Utterance of forged papers. 8. Fabrication or circulation of
 
 124 HOW TO PROCEED. 
 
 counterfeit money, whether coin or paper money. 9. Embez- 
 zlement of public moneys. 
 
 Evidence. Same as Great Britain. 
 
 Citizens. No one of the contracting parties obliged to de- 
 liver up its own citizens. 
 
 New Crime. If the fugitive commits another crime in the 
 country in which he has taken refuge he shall not be delivered 
 up until he has stood trial for said crime and been acquitted or 
 served out his punishment. 
 
 Termination. This treaty was made to continue in force 
 until Jan. ist, 1858, and then indefinitely until either party 
 gives twelve months' notice of a desire to withdraw. 
 
 VI. BREMEN, SEPTEMBER 6, 1 853. 
 The preceding treaty with Prussia and other German 
 States contained a clause to the effect that its provisions should 
 apply to any other State of the Germanic Confederation that 
 might thereafter declare its accession thereto. Under that pro- 
 vision the free Hanseatic city of Bremen declared their acces- 
 sion to the said convention. This had the same effect as 
 though Bremen had joined with the other German States in 
 making the original treaty. 
 
 VII. BAVARIA, SEPTEMBER 12, 1 853. 
 
 Crimes. 1. Murder. 2. Assault with intent to commit 
 murder. 3. Piracy. 4. Arson. 5. Robbery. 6. Forgery. 7. 
 Utterance of forged papers. 8. Fabrication or circulation of 
 counterfeit money, whether coin or paper money. 9. Embez- 
 zlement of public moneys. 
 
 Citizens of neither nation are surrendered to the other. 
 
 New Crime. Same as Prussia. 
 
 VIII. WURTTEMBERG, OCTOBER 1 3, 1 853. 
 The King of Wurttemberg formally declared his accession
 
 EXTRADITION TREATIES. 1 25 
 
 to the treaty of June 16, 1852, between the United States and 
 Prussia and other States. 
 
 IX. MECKLENBURG-SCHWERIN, NOVEMBER 26, 1 853. 
 
 The Grand Duke of Meeklenburg-Schwerin officially de- 
 clared his accession to the treaty of June 16, 1852, between 
 Prussia and the United States. 
 
 X. MECKLENBERG-STERLITZ, DECEMBER 2, 1 853. 
 
 The Grand Duke of Mecklenberg-Sterlitz formally acceded 
 to the same treaty. 
 
 XI. OLDENBURG, DECEMBER 30, 1 853. 
 The Grand Duke of Oldenburg came in to the same treaty. 
 
 XII. SCHAUMBURG-LIPPE, JUNE 7, 1 854. 
 The Reigning Prince of Schaumburg-Lippe acceded to the 
 same treaty. 
 
 XIII. HANOVER, JANUARY 1 8, 1 855. 
 
 The crimes and other conditions of this treaty are exactly 
 the same as that made with Bavaria, No. vn. 
 
 XIV. TWO SICILIES, OCTOBER I, 1 855. 
 
 Crimes. 1. Murder (including assassination, parricide, in- 
 fanticide and poisoning). 2. Attempt to commit murder. 3. 
 Rape. 4. Piracy. 5. Arson. 6. Making and uttering false 
 money. 7. Forgery, including forgery of evidences of public 
 debt, bank bills and bills of exchange. 8. Robbery with vio- 
 lence, intimidation, or forcible entry of an inhabited house. 
 9. Embezzlement by public officers, including appropriation of 
 public funds, when these crimes are subject to the punishment 
 della reclusione or other severe punishment by the code of the 
 Two Sicilies and to infamous punishment in the United States. 
 
 The executive of each country makes the surrender. 
 
 Citize?is and subjects are exempt.
 
 126 HOW TO PROCEED. 
 
 Political offenses and those committed prior to the treaty 
 are excluded. 
 
 Termination. This treaty can be terminated by either 
 party by giving twelve months' notice of a desire so to do. 
 
 XV. AUSTRIA, JULY 3, 1 856. 
 
 Crimes. 1. Murder. 2. Assault with intent to commit 
 murder. 3. Piracy. 4. Arson. 5. Robbery. 6. Forgery. 
 7. Fabrication or circulation of counterfeit money, whether 
 coin or paper money. 8. Embezzlement of public moneys. 
 
 Citizens are not surrendered by either party. 
 
 Political offenses and crimes committed prior to date of 
 treaty are excluded. 
 
 New Crimes. The fugitive who has committed a crime in 
 the country to which he has fled will not be delivered up until 
 he has been discharged from that. 
 
 XVI. BADEN, JANUARY 20, 1 857. 
 
 Crimes. 1. Murder. 2. Assault with intent to commit 
 murder. 3. Piracy. 4. Arson. 5. Robbery. 6. Forgery. 
 7. Fabrication or circulation of counterfeit money, whether 
 coin or paper money. 8. Embezzlement of public moneys. 
 
 Evidence same as in Great Britain. 
 
 Citizens are not delivered up by either party. 
 
 New crime same as Austria. 
 
 Political crimes are exempt. 
 
 XVII. SWEDEN AND NORWAY, MARCH 21, i860. 
 
 Crimes. 1. Murder (including assassination, parricide, in- 
 fanticide, and poisoning). 2. Attempt to commit murder. 3. 
 Rape. 4. Piracy (including mutiny on board a ship, whenever 
 the crew or part thereof, by fraud or violence against the com- 
 mander, have taken possession of the vessel). 5. Arson. 6. 
 Robbe^. 7. Burglary. 8. Forgery. 9. Fabrication or cir- 
 culation of counterfeit money, whether coin or paper money.
 
 EXTRADITION TREATIES. 1 27 
 
 to. Embezzlement by public officers, including appropriation 
 of public funds. 
 
 Citizens are not surrendered by either party. 
 
 Political offenses are exempt. 
 
 New crimes same as Austria. 
 
 XVIII. VENEZUELA, AUGUST 27, i860. 
 
 Crimes. 1. Murder (including assassination, parricide, in- 
 fanticide and poisoning). 2. Attempt to commit murder. 3. 
 Rape. 4. Forgery. 5. Counterfeiting of money. 6. Arson. 
 7. Robbery with violence, intimidation or forcible entry of an 
 inhabited house. 8. Piracy. 9. Embezzlement by public offi- 
 cers or by persons hired or salaried, to the detriment of their 
 employers, when these crimes are subject to infamous punish- 
 ment. 
 
 The executives make the surrender. 
 
 Political offenses and crimes committed prior to date of 
 treaty exempt. 
 
 This treaty was made for eight years and then to continue 
 indefinitely, each party having the power to arrest the opera- 
 tions of the treaty at any time by giving twelve months' notice. 
 
 XIX. MEXICO, DECEMBER II, 1861. 
 
 Crimes. 1. Murder (including assassination, parricide, in- 
 fanticide and poisoning). 2. Assault with intent to commit 
 murder. 3. Mutilation. 4. Piracy. 5. Arson. 6. Rape. 7. 
 Kidnaping, defining the same to be the taking and carrying 
 away of a free person by force or deception. 8. Forgery, in- 
 cluding the forging or making, or knowingly passing or putting 
 in circulation counterfeit coin or bank notes, or other paper 
 current as money, with intent to defraud any person or persons. 
 9. The introduction or making of instruments for the fabrica- 
 tion of counterfeit coin or bank notes, or other paper current 
 as money. 10. Embezzlement of public moneys. 11. Robbery,
 
 128 HOW TO PROCEED. 
 
 defining the same to be the felonious and forcible taking from 
 the person of another of goods or money, to any value, by vio- 
 lence or putting him in fear. 12. Burglary, defining the same 
 to be breaking and entering into the house of another with in- 
 tent to commit felony. 13. The crime of larceny of cattle or 
 other goods and chattels, of the value of twenty-five dollars or 
 more, when the same is committed within the frontier States 
 or Territories of the contracting parties. 
 
 The usual rule of evidence applies in this treaty. 
 
 Requisition is made (in case the crime is committed in the 
 frontier States or Territories of the contracting parties) 
 "through their respective diplomatic agents, or through the 
 chief civil authority of said States or Territories, or through 
 such chief civil or judicial authority of the districts or counties 
 bordering on the frontier as may for this purpose be duly au- 
 thorized by the said chief civil authority of the said frontier 
 States or Territories, or when, from any cause, the civil au- 
 thority of such State or Territory shall be suspended, through 
 the chief military officer in command of such State or Terri- 
 tory." 
 
 Surrender is made by the executive authority of each 
 country "except in cases of crimes committed within the 
 limits of the frontier States or Territories, in which latter case 
 the surrender may be made by the chief civil authority thereof, 
 or such chief civil or judicial authority of the districts or 
 counties bordering on the frontier as may for this purpose be 
 duly authorized by the said chief civil authority of the said 
 frontier States or Territories, or if, from any cause, the civil 
 authority of such State or Territory shall be suspended, then 
 such surrender may be made by the chief military officer in 
 command of such State or Territory." 
 
 Following are exempt: political offenses; fugitive slaves; 
 criminals who, when the offense was committed, shall have
 
 EXTRADITION TREATIES. 1 29 
 
 been held in the place where the offense was committed in the 
 condition of slaves; crimes enumerated committed anterior to 
 exchange of ratifications of this treaty; and citizens neither 
 party delivers up its own citizens. 
 
 The treaty can be abrogated at any time by either party 
 giving twelve months' notice of a desire to do so. 
 
 XX. HAYTI, NOVEMBER 3, 1 864. 
 
 Crimes. 1. Murder (including assassination, parricide, in- 
 fanticide and poisoning). 2. Attempt to commit murder. 3. 
 Piracy. 4. Rape. 5. Forgery. 6. Counterfeiting of money. 
 7. Utterance of forged paper. 8. Arson. 9. Robbery. 10. 
 Embezzlement by public officers, or by persons hired or sal- 
 aried, to the detriment of their employers, when these crimes 
 are subject to infamous punishment. 
 
 Surre?ider is made by the executives. 
 
 Political offenses and crimes committed before the date of 
 the treaty exempt. 
 
 Citizens. Neither party obliged to deliver its own citizens. 
 
 Treaty made for eight years and continuable indefinitely; 
 may be terminated by either party on twelve months' notice. 
 
 XXI. DOMINICAN REPUBLIC, FEB. 8, 1 867. 
 
 Crimes. \. Murder (including assassination, parricide, in- 
 fanticide and poisoning). 2. Attempt to commit murder. 3. 
 Rape. 4 Forgery. 5. Counterfeiting of money. 6. Arson. 
 7. Robbery, with violence, intimidation, or forcible entry of an 
 inhabited house. 8. Piracy. 9. Embezzlement by public offi- 
 cers, or by persons hired or salaried to the detriment of their 
 employers, when these crimes are subject to infamous punish- 
 ment 
 
 Surrender is made by the executives. 
 
 Political offenses and crimes committed prior to the date of 
 the treaty are exempt. 
 9
 
 130 HOW TO PROCEED. 
 
 Treaty was concluded for a term of eight years from en- 
 change of ratifications and then indefinitely, either party now- 
 having privilege to arrest its operations by giving twelve 
 months' notice to the other. 
 
 XXII. ITALY, MARCH 23, 1 868. 
 
 Crimes. 1. Murder, comprehending the crimes designated 
 in the Italian penal code by the terms of parricide, assassina- 
 tion, poisoning and infanticide. 2. Attempt to commit murder. 
 3. Rape. 4 Arson. 5 Piracy. 6 Mutiny on board a ship, 
 whenever a crew or a part thereof, by fraud or violence against 
 the commander, have taken possession of the vessel. 7. Burg- 
 lary, defined to be the action of breaking and entering by night 
 into the house of another with intent to commit felony. 8. 
 Robbery, defined to be the action of feloniously and forcibly 
 taking from the person of another goods or money, by violence 
 or putting him in fear. 9. Forgery, by which is understood 
 the utterance of forged papers, the counterfeiting of public 
 sovereign or government acts. 10. Fabrication or circulation 
 of counterfeit money, either coin or paper, of public bonds, 
 bank notes and obligations, and, in general, of any title and in- 
 strument of credit whatsoever, the counterfeiting of seals, dies, 
 stamps and marks of State and public administrations, and the 
 utterance thereof. M, The embezzlement of public moneys 
 committed within the jurisdiction of either party, by public of- 
 ficers or depositors. r"2. Embezzlement by any person or per- 
 sons hired or salaried to the detriment of their employers, when 
 these crimes are subject to infamous punishment. 
 
 Political offenses are exempt. 
 
 Persons delivered up for any of the crimes enumerated 
 shall not be tried for any ordinary crime committed previously 
 to that for which his surrender is asked. 
 
 New Crime. If fugitive has committed a new crime in the
 
 EXTRADITION TREATIES. 131 
 
 country to which he has fled, his extradition may be deferred 
 until he is discharged from that. 
 
 Requisitions shall be made by the diplomatic agents of the 
 contracting parties, or, if they are absent, by superior consular 
 officers. 
 
 Convicts and fugitives charged with crime are alike extra- 
 dited. 
 
 The treaty was made for five years from date of ratification, 
 and if neither party gave notice six months before expiration 
 of time of a desire to withdraw, then it was to continue for an- 
 other five years under same conditions. It can now be arrested 
 at the end of any five years from the date of its ratification by 
 either party giving six months' previous notice. 
 
 Additional Article, Jan. 21, 1869. The concluding paragraph 
 of second article, relating to crimes, was amended so as to 
 read : Embezzlement by any person, or persons, hired or sal- 
 aried, to the detriment of their employers, when these crimes 
 are subject to infamous punishment according to the laws of 
 the United States, and criminal punishment according to the 
 laws of Italy. 
 
 XXIII. REPUBLIC OF SALVADOR, MAY 23, 1870. 
 
 Crimes. 1. Murder, comprehending the crimes designated 
 in the penal codes of the contracting parties by the terms 
 homicide, parricide, assassination, poisoning and infanticide. 
 2. Attempt to commit murder. 3. Rape. 4. Arson. 5. Pi- 
 racy. 6. Mutiny on board a ship whenever a crew, or part 
 thereof, by fraud or violence against the commander, have 
 taken possession of the vessel. 7. Burglary, defined to be the 
 action of breaking and entering by night into the house of an- 
 other, with intent to commit felony. 8. Robbery, defined to 
 be the action of feloniously and forcibly taking from the per- 
 son of another goods or money by violence, or putting him in 
 fear. 9. Forgery, by which is understood the utterance of
 
 132 HOW TO PROCEED. 
 
 forged papers, the counterfeiting of public, sovereign or gov- 
 ernment acts. 10. Fabrication or circulation of counterfeit 
 money, either coin or paper, of public bonds, bank-notes, and 
 obligations, and, in general, of all things being titles or instru- 
 ments of credit, the counterfeiting of seals, dies, stamps, and 
 marks of State and public administration, and the utterance 
 thereof. 1 1 . Embezzlement of public moneys, committed within 
 the jurisdiction of either party, by public officers or depositors. 
 12. Embezzlement by any person or persons, hired or salaried. 
 to the detriment of their employers, when these crimes are 
 subject to infamous punishment. 
 
 Political crimes are exempt, and a person delivered up to 
 be tried for one of these enumerated crimes shall not be tried 
 for any ordinary crime committed before the one for which he 
 was extradited. 
 
 New Crime. Same as Norway and Sweden. 
 
 In no case does either of the high contracting parties deliv- 
 er up its own subjects or citizens. If the crime complained of 
 is one for which he would be punished in his own country, the 
 evidence, information, documents, instruments or tools used in 
 its commission, etc., may be transmitted to his country for the 
 purpose of prosecuting the case there. 
 
 Requisitions shall be made by the respective diplomatic 
 agents of the contracting parties, or in their absence, by su- 
 perior consular officers. 
 
 Convicts and persons charged with crime are both extra- 
 dited. 
 
 Treaty made for ten years from date of exchange of ratifi- 
 cations, and if neither party gives six months' notice of desire 
 to withdraw, it shall continue ten years longer and so on. 
 
 XXIV. NICARAGUA JUNE 25, 1870. 
 
 Crimes. 1. Murder, comprehending assassination, parri- 
 cide, infanticide and poisoning. 2. Rape. 3. Arson. 4. Pi-
 
 EXTRADITION TREATIES. 1 33 
 
 racy. 5. Mutiny on board a ship, whenever the crew or a part 
 thereof, by fraud or violence against the commander, have 
 taken possession of the vessel. 6. Burglary, defined same as 
 in Republic of Salvador. 7. Robbery, defined same as in Re- 
 public of Salvador. 8. Forgery, by which is understood the 
 utterance of forged papers, the counterfeiting of public, sov- 
 ereign or government acts. 9 Fabrication or circulation of 
 counterfeit money, either coin or paper, of public bonds, bank 
 notes, and obligations, and, in general, of all titles or instru- 
 ments of credit, the counterfeiting of seals, dies, stamps and 
 marks of State and public administrations, and the utterance 
 thereof. 10. Embezzlement of public moneys, committed 
 within the jurisdiction of either party, by public officers or de- 
 positors. 1 1 . Embezzlement by any person or persons hired 
 or salaried, to the detriment of their employers, when these 
 crimes are subjected to infamous punishment. 
 
 Political offenses are exempt. 
 
 Persons delivered up shall not be tried for any ordinary 
 crime committed previously to that for which their surrender 
 is asked. 
 
 New Crime. If the fugitive has committed a new crime in 
 the country in which he has sought asylum, and has been ar- 
 rested or convicted therefor, his extradition may be deferred 
 until he shall have been acquitted, or served out his term of 
 imprisonment. 
 
 Requisitions shall be made by the respective diplomatic 
 agents of the contracting parties, or, in their absence, by su- 
 perior consular officers. 
 
 Convicts are extradited. A copy of the sentence of the 
 court in which he may have been convicted, authenticated un- 
 der its seal, and an attestation of the official character of the 
 judge by the proper executive authority, and of the latter by 
 the Minister or Consul of the United States or of Nicaragua, 
 respectively, shall accompany the requisition.
 
 134 HOW TO PROCEED. 
 
 If the fugitive is charged with crime only, then a duly au- 
 thenticated copy of the warrant for his arrest in the country 
 where the crime may have been committed, and of the deposi- 
 tions upon which such warrant may have been issued, must 
 accompany the requisition 
 
 The executives of the respective countries issue the war- 
 rants for the apprehension of the fugitive and he is brought 
 before the proper judicial tribunal for examining the question 
 of extradition. 
 
 Treaty continues in force five years from the date of ratifi- 
 cation, and if neither party gives the other six months' previ- 
 ous notice of its intention to withdraw, the treaty shall con- 
 tinue five years longer, and so on. 
 
 XXV. PERU, SEPTEMBER 12, 1870. 
 Crimes. 1. Murder, comprehending the crimes of parri- 
 cide, assassination, poisoning and infanticide. 2 Rape, abduc- 
 tion by force. 3. Bigamy. 4. Arson. 5. Kidnaping, defin- 
 ing the same to be the taking or carrying away of a person by 
 force or deception 6. Robbery, highway robbery, larceny. 
 7. Burglary, defined to be the action of breaking and entering 
 by night time into the house of another person with intent to 
 commit a felony. 8. Counterfeiting or altering money, the intro- 
 duction or fraudulent commerce of and in false coin or money ; 
 counterfeiting the certificates or obligations of the government, 
 of bank notes and of any other documents of public credit, 
 the altering and use of the same; forging or altering judicial 
 judgments or decrees of the government or courts, of the seals, 
 dies, postage stamps and revenue stamps of the government, 
 and the use of the same; forging public and authentic deeds 
 and documents, both commercial and of banks, and the use of 
 the same. 9. Embezzlement of public moneys, committed 
 within the jurisdiction of either party, by public officers or 
 bailees, and embezzlement by any person hired or salaried. 10.
 
 EXTRADITION TREATIES. 1 35 
 
 Fraudulent bankruptcy, n. Fraudulent barratry. 12. Muti- 
 ny on board of a vessel when the persons who compose the 
 crew have taken forcible possession of the same, or have trans- 
 ferred the ship to pirates. 13. Severe injuries intentionally 
 caused on railroads, to telegraph lines or to persons by means 
 of explosion of mines or steam-boilers. 14. Piracy. 
 
 Political offenses are exempt. 
 
 Enumerated crimes committed anterior to the date of ex- 
 change of ratifications are also excluded. 
 
 Neither party delivers up its own citizens. 
 
 Convicts are extradited A condemnatory sentence, or or- 
 der of arrest, or other process equivalent to such order, must 
 be sent with the demand. The character and gravity of the 
 imputed acts and the dispositions of the penal laws, relative to 
 the^case, must also be stated The documents sent with the de- 
 mand must be originals or certified copies, legally authorized 
 by the tribunals, or by a competent person. If possible, a de- 
 scription of the person sought to be extradited should be sent, 
 or other proof toward his identity 
 
 If the person accused is not a citizen of either of the coun- 
 tries the one granting the requisition will inform the Govern- 
 ment of the country to which the accused or condemned be- 
 longs, of the demand made, and if the last named Government 
 reclaims the individual on its own account for trial in its own 
 tribunals, the Government on which the demand was made 
 may, at will, deliver the criminal to the State in whose terri- 
 tories the crime was committed, or to that to which the crim- 
 inal belongs. 
 
 If an accused person is demanded under this treaty, and 
 also at the same time by some other Government, he shall be 
 delivered to the one charging the gravest offense, and when the 
 offenses are of a like nature and gravity, the delivery shall be 
 made to the Government making the first demand, and if the
 
 136 HOW TO PROCEED. 
 
 dates be the same, then to the nation to which the criminal 
 may belong. 
 
 New Crime. If the person claimed is accused or sentenced 
 in the country where he may have taken refuge, for a crime or 
 misdemeanor committed in that country, his delivery may be 
 delayed until the definitive sentence releasing him be pronoun- 
 ced, or until such time as he may have complied with the pun- 
 ishment inflicted on him in the country where he took refuge. 
 
 In cases not admitting of delay, and especially in those 
 where there is danger of escape, each of the two Governments 
 authorized by the order for apprehension, may, by the most 
 expeditious means, ask and obtain the arrest of the person ac- 
 cused or sentenced, on condition of presenting the said order 
 for apprehension as soon as may be possible, not exceeding four 
 months. 
 
 Treaty continues in force until abrogated by mutual con- 
 sent, and the party desiring to withdraw must give twelve 
 months' notice to the other of such desire. 
 
 This treaty provides for the delivery of persons charged 
 with these crimes, whether as principals, accessories or accom- 
 plices. 
 
 XXVI. ORANGE FREE STATE, DECEMBER 22, 1 87 1. 
 
 Crimes. 1. Murder (including assassination, parricide, in- 
 fanticide and poisoning). 2. Attempt to commit murder. 3. 
 Rape. 4. Forgery, or the emission of forged papers. 5. Ar- 
 son. 6. Robbery with violence, intimidation or forcible entry 
 of an inhabited house. 7. Piracy. 8. Embezzlement by pub- 
 lic officers, or by persons hired or salaried, to the detriment of 
 their employers, when these crimes are subject to infamous 
 punishment. 
 
 Surrender is made by the executives. 
 
 Political offenses are excluded.
 
 EXTRADITION TREATIES. 1 37 
 
 Offenses committed before the date of the treaty are ex- 
 cluded. 
 
 Treaty was concluded for ten years from date of ratification, 
 and then indefinitely from year to year, each party having the 
 privilege to withdraw by giving to the other twelve months' 
 notice of a desire to do so. 
 
 XXVII. ECUADOR, JUNE 28, l8j2. 
 
 Crimes. i. Murder, including assassination, parricide, in- 
 fanticide and poisoning. 2. Rape. 3. Arson. 4. Piracy and 
 mutiny on ship-board, when the crew or a part thereof, by 
 fraud or violence against the commanding officer, have taken 
 possession of the vessel. 5. Burglary, this being understood 
 as the act of breaking or forcing an entrance into another man's 
 house with intent to commit crime. 6. Robbery, this being 
 defined as the act of taking from the person of another, goods 
 or money with criminal intent, using violence or intimidation. 
 7. Forgery, which is understood to be the willful use or cir- 
 culation of forged papers or public documents. 8. Fabrica- 
 tion or circulation of counterfeit money, either coin or paper, 
 of public bonds, bank bills and securities, and, in general, of any 
 kind of titles to or instruments of credit, the counterfeiting of 
 stamps, dies, seals and marks of the State and of the admin- 
 istrative authorities and the sale or circulation thereof. 9. Em- 
 bezzlement of public property, committed within the jurisdic- 
 tion of either party, by public officers or depositaries. 
 
 Political offenses are exempt. 
 
 Crimes committed previously to the one for which the per- 
 son is extradited are also exempt. 
 
 New Crime. Extradition may be deferred until crime com- 
 mitted in country of refuge is atoned for. 
 
 Requisitions are made by the diplomatic agents, or, in their 
 absence, by superior consular officers. 
 
 Convicts may be extradited and in this case the requisition
 
 138 HOW TO PROCEED. 
 
 must be accompanied by a copy of the sentence of the court 
 that has convicted him, authenticated under seal, and an attes- 
 tation of the official character of the judge who signed it, 
 made by the proper executive authority ; also by an authenti- 
 cation of the latter by the Minister or Consul of the United 
 States or Ecuador, respectively. When the fugitive is merely 
 charged with crime, a duly authenticated copy of the warrant 
 for his arrest in the country where the crime has been com- 
 mitted, and of any evidence in writing upon which such warrant 
 may have been issued, must accompany the requisition. The 
 executive may then order the arrest, in order that he may be 
 brought before the judicial authority, which is competent to 
 examine the question of extradition. If the evidence and law 
 show the case to be within the treaty the fugitive will be de- 
 livered. 
 
 The treaty was made for ten years from ratification, and in 
 case neither party gives to the other one year's notice of its in- 
 tention to terminate the same, it shall continue in force for an- 
 other ten years, and so on. 
 
 XXVIII. THE OTTOMAN EMPIRE, AUGUST II, 1 874. 
 
 Crimes. Persons shall be delivered up who shall have been 
 convicted of, or be charged, according to the provisions of this 
 convention, with any of the following crimes: 
 
 1, Murder, comprehending the crimes designated by the 
 terms of parricide, assassination, poisoning and infanticide. 
 2. The attempt to commit murder. 3. Rape. 4. Arson. 5. 
 Piracy and mutiny on board a ship, whenever the crew, or a 
 part thereof, by fraud or violence againt the commander, have 
 taken possession of the vessel. 6. Burglary, defined to be the 
 action of breaking and entering by night into the house of an- 
 other, with intent to commit felony. 7. Robbery, defined to 
 be the action of feloniously and forcibly taking from the per- 
 son of another, goods or money, by violence or putting him in
 
 EXTRADITION TREATIES. 139 
 
 fear. 8. Forgery, by which is understood the utterance of 
 forged papers, the counterfeiting of public, sovereign or gov- 
 ernment acts. 9. Fabrication or circulation of counterfeit 
 money, either coin or paper, of public bonds, bank notes and 
 obligations, and, in general, of all things being titles and instru- 
 ments of credit, the counterfeiting of seals, dies, stamps and 
 marks of State and public administrations, and the utterance 
 thereof. 10. Embezzlement of public moneys, Committed 
 within the jurisdiction of either party, by public officers or de- 
 positors. 1 1 . Embezzlement by any person or persons, hired 
 or salaried, to the detriment of their employers, when these 
 crimes are subject to infamous punishment. 
 
 Political crimes are exempt. 
 
 Persons delivered up for one of the enumerated crimes 
 shall not be tried for any ordinary crime committed previously 
 to that for which he was extradited. 
 
 New Crime. Persons arrested or convicted of a crime in the 
 country in which he has sought refuge may not be surrendered 
 until he shall have been acquitted or have served out his term 
 of imprisonment to which he may have been sentenced. 
 
 Requisitions shall be made by the diplomatic agents, or, in 
 case of their absence, by superior consular officers. In case of 
 a convict a copy of the sentence of the court in which he was 
 convicted, authenticated under its seal, and an attestation of 
 the official character of the judge by the proper executive 
 authority, and of the latter by the Minister or Consul of the 
 United States or the Sublime Porte, respectively, shall accom- 
 pany the requisition. 
 
 When the fugitive is charged with crime only, a duly au- 
 thenticated copy of the warrant for his arrest, or of the deposi- 
 tions upon which such warrant was based, must accompany 
 the requisition. The executive may then issue a warrant for 
 the apprehension of the fugitive in order that he may be
 
 I40 HOW TO PROCEED. 
 
 brought before the proper judicial authority for examination. 
 If the law and the evidence show the case to be within the 
 provisions of this treaty then he shall be surrendered. 
 
 Neither of the parties is obliged to deliver up its own 
 citizens. 
 
 The treaty was made for five years from exchange of ratifi- 
 cations, but if neither party gives to the other six months' 
 notice of its intention to terminate the treaty the convention 
 shall remain in force five years more and so on. 
 
 XXIX. SPAIN, JANUARY 5, 1 877. 
 
 Crimes. Persons charged with or convicted of any of the 
 following crimes shall be delivered up : 1. Murder, compre- 
 hending the crimes designated by the terms of parricide, assas- 
 sination, poisoning or infanticide. 2. Attempt to commit 
 murder. 3. Rape. 4. Arson. 5. Piracy or mutiny on board 
 ship when the crew or other persons on board, or part thereof, 
 have by fraud or violence against the commander, taken pos- 
 session of the vessel. 6. Burglary, defined to be the act of 
 breaking and entering into the house of another in the night 
 time with intent to commit a felony therein. 7. The act of 
 breaking and entering the offices of the Government and public 
 authorities, or offices of banks, banking-houses, savings banks, 
 trust and insurance companies, with intent to commit a felony 
 therein. 8. Robbery, defined to be the felonious and forcible tak- 
 ing from the person of another, goods or money, by violence or 
 putting him in fear. 9. Forgery, or the utterance of forged 
 papers. 10. Forgery or falsification of the official acts of the 
 Government or public authority, including courts of justice, 
 or the uttering or fraudulent use of any of the same. 1 1 . Fab- 
 rication of counterfeit money, whether coin or paper, counter- 
 feit titles or coupons of public debt, bank notes or other instru- 
 ments of public credit ; of counterfeit seals, stamps, dies and 
 marks of State or public administration, and the utterance,
 
 EXTRADITION TREATIES. 141 
 
 circulation, or fraudulent use of any of the above mentioned 
 objects. 12. Embezzlement of public funds, committed within 
 the jurisdiction of one or the other party, by public officers or 
 depositaries. 13. Embezzlement by any person or persons, 
 hired or salaried, to the detriment of their employers, when 
 these crimes are subject to infamous punishment. 14. Kid- 
 naping, defined to be the detention of a person or persons in 
 order to exact money from them or for any other unlawful end. 
 
 Political offenses are not extraditable. 
 
 Persons surrendered by virtue of this treaty shall not be 
 tried or punished for any crime or offense other than that for 
 which they were extradited, unless it be one of the crimes 
 enumerated above and committed subsequent to the exchange 
 of ratifications, and no person shall be extradited for any crime 
 committed previous to the ratification of the treaty. 
 
 If from lapse of time or other lawful cause the criminal is 
 exempt from prosecution or punishment in the country in 
 which the crime was committed he shall not be surrendered. 
 
 New Crime. If the one accused be actually under prose- 
 cution, out on bail or in custody for a crime or offense com- 
 mitted in the country where he has sought asylum, or shall 
 have been convicted thereof, his extradition may be deferred 
 until such proceedings be determined, and until he shall have 
 been set at liberty in due course of law. 
 
 If the criminal fugitive, claimed by one of the parties to 
 this treaty, is also at the same time claimed by some other 
 nation under treaty with it, then he shall be delivered to the 
 one whose demand is the earliest in date. 
 
 Neither party is obliged to deliver up its own citizens or 
 subjects. 
 
 Everything found in the possession of the fugitive at the 
 time of his arrest which may be material as evidence in prov- 
 ing his crime shall, so far as practicable, be delivered up with
 
 142 HOW TO PROCEED. 
 
 his person at the time of his surrender, but the rights of third 
 parties in regard to such articles shall be duly respected. 
 
 This treaty applies to all foreign or colonial possessions of 
 either of the contracting parties. 
 
 Requisitions shall be made by the respective diplomatic 
 agents, or if they are absent, or if extradition is sought from a 
 colonial possession, then by superior consular officers. Upon 
 their request a warrant of arrest is issued and the fugitive 
 brought before the court that the evidence of criminality may 
 be heard and considered. If the evidence be deemed sufficient 
 *%* the prisoner will be surrendered. If he is a convict the party 
 asking his surrender must present a copy of the sentence of 
 the court before which he was convicted, duly authenticated. 
 If he is merely charged with crime, a duly authenticated copy 
 of the warrant of arrest in the country where the crime was 
 committed, and of the depositions upon which it was issued, 
 shall be produced with such other proof as may be deemed 
 competent. 
 
 The treaty may be terminated at any time by either party 
 giving to the other six months' notice of a desire to withdraw. 
 
 XXX. THE NETHERLANDS, MAY 22, l88o. 
 
 Crimes. Persons shall be delivered up who shall have 
 been charged with, or convicted of, any of the following crimes: 
 1. Murder, comprehending the crimes of assassination, parri- 
 cide, infanticide and poisoning. 2. The attempt to commit 
 murder. 3. Rape. 4. Arson. 5. Burglary, or the correspond- 
 ing crime in the Netherlands law under the description of 
 thefts committed in an inhabited house by night, and by 
 breaking in, by climbing or forcibly. 6. Breaking into and 
 entering public offices, or the offices of banks, banking-houses, 
 savings banks, trust companies, or insurance companies, with 
 intent to commit theft therein, and also the thefts resulting 
 from such act. 7. Robbery, or the corresponding crime pun-
 
 EXTRADITION TREATIES. 1 43 
 
 ished in the Netherlands law under the description of theft 
 committed with violence or by means of threats. 8. Forgery, 
 or the utterance of forged papers, including the forgery or fal- 
 sification of official acts of the government or public authority 
 or courts of justice affecting the title or claim to money or 
 property. 9. Counterfeiting, falsifying, or altering of money, 
 whether coin or paper, or of bank notes, or instruments of 
 debt created by National, State or Municipal Governments, or 
 coupons thereof, or of seals, stamps, dies or marks of State, 
 or the utterance or circulation of the same. 10. Embezzle- 
 ment by public officers charged with the custody or receipt of 
 public funds. 11. Embezzlement by any person or persons 
 hired or salaried, to the detriment of their employers, where 
 the offense is subject to punishment by the law of the Nether- 
 lands as abus de confiance, if extradition is demanded by the 
 United States, or is subject to punishment as a crime in the 
 United States, if extradition is demanded by the Netherlands. 
 
 Political offenses are exempt, and all acts connected with 
 such crimes or offenses. No person having been extradited 
 under this treaty shall afterward be tried for any political of- 
 fense committed prior to his extradition. Crimes committed 
 before ratification of treaty are exempt. A person shall not be 
 punished or tried for any crime other than the one for which 
 he was extradited, unless it be one of the crimes enumerated 
 above, and committed subsequent to the exchange of ratifi- 
 cation. 
 
 A fugitive criminal, exempt from prosecution or punish- 
 ment by lapse of time or otherwise, in the country demanding 
 his surrender, shall not be delivered up ; nor in case his ex- 
 tradition is asked for the same crime for which he has been 
 tried, convicted or acquitted in that country, or so long as he 
 is under prosecution for the same. 
 
 New Crime. If fugitive has committed a new crime in the 
 
 m
 
 144 HOW TO PROCEED. 
 
 country in which he has taken refuge, the surrender may be 
 deferred until he is duly set at liberty from that offense. 
 
 If two or more demands are made at the same time, for the 
 same fugitive, the one shall be given the preference which is 
 earliest in date. 
 
 Citizens are not delivered up by either party. 
 
 Everything found in possession of the criminal at the time 
 of his arrest, which may be valuable as evidence in proving 
 the crime, shall so far as is practicable, duly respecting the 
 rights of third parties interested, be delivered up with his per- 
 son at the time of surrender. 
 
 Requisitions shall be made by the diplomatic agents of the 
 parties, or if they be absent, by consular officers. 
 
 Convicts. If the fugitive has been convicted of a crime, a 
 copy of the sentence of the court in which he may have been 
 convicted, authenticated under its seal and accompanied by an 
 attestation of the official character of the judge by the proper 
 authority, shall be furnished. 
 
 If the fugitive is only charged with crime, a duly authenti- 
 cated copy of the warrant of arrest in the country where the 
 crime was committed, and of the depositions upon which such 
 warrant was issued, shall be produced, authenticated as above 
 provided, with such other evidence as may be deemed compe- 
 tent in the case. 
 
 The treaty took effect on the twentieth day after its pro- 
 mulgation, and continues until either party shall terminate it 
 by giving to the other six months' notice. 
 
 XXXI. BELGIUM, JUNE 1 3, 1 882. 
 
 Crimes. Persons shall be delivered up who shall be convict- 
 ed of or charged with any of the following crimes : 1 . Murder, 
 comprehending the crimes designated in the Belgian Penal Code 
 by the terms parricide, assassination, poisoning and infanticide. 
 2. Attempt to commit murder. 3. Rape, or attempt to com-
 
 EXTRADITION TREATIES. 1 45 
 
 mit rape. 4. Bigamy. 5. Abortion. 6. Arson. 7. Piracy, 
 or mutiny on shipboard whenever the crew, or part thereof, 
 shall have taken possession of the vessel by fraud or by vio- 
 lence against the commander. 8. Burglary, defined to be the 
 act of breaking and entering by night into the house of an- 
 other, with the intent to commit felony. 9. Robbery, defined 
 to be the act of feloniously and forcibly taking from the per- 
 son of another money or goods by violence, or putting him in 
 fear ; and the corresponding crimes punished by Belgian laws, 
 under the description of thefts committed in an inhabited 
 house by night, and by breaking in by climbing or forcibly, 
 and thefts committed with violence or by means of threats. 10. 
 Forgery, by which is understood the utterance of forged pa- 
 pers, and also the counterfeiting of public, sovereign, or gov- 
 ernmental acts. 11. Fabrication or circulation of counterfeit 
 money, either coin or paper, or of counterfeit public bonds, 
 coupons of the public debt, bank notes, obligations, or, in gen- 
 eral, anything being a title or instrument of credit ; the coun- 
 terfeiting of seals and dies, impressions, stamps, marks of 
 State and public administrations, and the utterance thereof. 
 
 12. Embezzlement of public moneys, committed within the 
 jurisdiction of either party by public officers and depositaries. 
 
 13. Embezzlement by any person, or persons, hired or salaried 
 to the detriment of their employers, when the crime is subject 
 to punishment by the laws of the place where it was commit- 
 ted. 14. Willful and unlawful destruction, or obstruction, of 
 railroads, which endangers human life. 15. Reception of arti- 
 cles obtained by means of one of the crimes or offenses pro- 
 vided for by this treaty. 
 
 Extradition may also be granted for the attempt to commit 
 any of the crimes above enumerated when such attempt is 
 punishable by the laws of both contracting parties. 
 
 A person surrendered under this convention shall not be
 
 I46 HOW TO PROCEED. 
 
 tried or punished in the country to which his extradition has 
 been granted, nor given up to a third power for a crime or of- 
 fense, not provided for by the present convention and commit- 
 ted previously to his extradition, until he shall have been al- 
 lowed one month to leave the country after having been dis- 
 charged ; and, if he shall have been tried and condemned to 
 punishment, he shall be allowed one month after having suf- 
 fered his penalty, or having been pardoned. 
 
 He shall moreover not be tried or punished for any crime 
 or offense provided for by this convention committed previous 
 to his extradition, other than that which gave rise to the extra- 
 dition, without the consent of the Government which surren- 
 dered him. 
 
 The consent of that Government shall likewise be required 
 for the extradition of the accused to a third country, unless the 
 accused himself shall ask of his own accord to be tried or to 
 undergo his punishment, or when he shall not have left within 
 the space of time above specified the territory of the country to 
 which he has been surrendered. 
 
 Political offenses are exempt ; also offenses connected there- 
 with. When a person has been extradited under this treaty 
 he shall in no case be prosecuted and punished in the State to 
 which he was extradited on account of a political crime com- 
 mitted by him previous to such extradition, or on account of 
 an act connected with such political crime unless he has been 
 at liberty to leave the country for one month after having been 
 tried, and in case of condemnation, for one month after having 
 suffered his punishment, or having been pardoned. 
 
 An attempt against the life of the head of a foreign Gov- 
 ernment, or against that of any member of his family, when 
 such attempt comprises the act either of murder, or assassina- 
 tion, or of poisoning, shall not be considered a political of- 
 fense, or an act connected with such an offense.
 
 EXTRADITION TREATIES. 147 
 
 Citizens are not surrendered by either party. 
 
 New Crime. As in other treaties the fugitive is retained 
 until the new crime is atoned for, or he is acquitted. 
 
 Requisitions shall be made by the diplomatic agents of the 
 contracting parties, or, in the event of their absence, by supe- 
 rior consular officers. 
 
 If the fugitive is a convict, a copy of the sentence of the 
 court in which he was convicted under its seal, and attestation 
 of the official character of the judge by the proper executive 
 authority, and of the latter by the Minister or Consul of the 
 United States or of Belgium, respectively, shall accompany the 
 requisition. When the fugitive is only charged with crime, a 
 duly authenticated copy of the warrant for his arrest in the 
 country where the crime was committed, and of the deposi- 
 tions upon which such warrant was issued, must accompany 
 the requisition as aforesaid. 
 
 The executives issue the warrant for the apprehension of 
 the fugitive, and he is brought before the proper judicial 
 tribunal, and if decided that, according to the law and evi- 
 dence, the extradition is due pursuant to the treaty, the fugi- 
 tive may be given up. 
 
 When proceedings are barred against the fugitive by limit- 
 ation of time or otherwise, extradition shall not be granted. 
 
 Articles found in possession of accused and obtained 
 through the commission of the acts with which he is charged, 
 or that may be used as evidence of the crime for which his ex- 
 tradition is demanded, shall be seized, if the competent au- 
 thority shall so order, and shall be surrendered with his person. 
 
 But the rights of third parties in such articles shall be re- 
 spected. 
 
 Treaty took effect thirty days after exchange of ratifications 
 and continues until either party shall give to the other six 
 months' notice of a desire to withdraw. 
 
 This treaty superseded the one of March 19, 1874.
 
 148 HOW TO PROCEED. 
 
 XXXII. SPAIN (SUPPLEMENTARY), AUGUST J, 1 882. 
 
 Paragraph 5 of article 11., of the treaty of Jan. 5, 1877, re- 
 lating to piracy or mutiny is abrogated and the following sub- 
 stituted : 
 
 5. Crimes committed at sea : 
 
 (a.) Piracy as commonly known and defined by the law of 
 nations. 
 
 (6.) Destruction or loss of a vessel caused intentionally, or 
 conspiracy and attempt to bring about such destruction or 
 loss, when committed by any person or persons on board of 
 said vessel, on the high seas. 
 
 (c.) Mutiny or conspiracy by two or more members of the 
 crew or other persons on board of a vessel on the high seas, for 
 the purpose of rebelling against the authority of the captain or 
 commander of such vessel, or by fraud or violence, taking 
 possession of such vessel. 
 
 Paragraph 12, of said article, is amended to read as follows: 
 
 12. The embezzlement or criminal malversation of public 
 funds, committed within the jurisdiction of one or the other 
 party, by public officers or depositaries. 
 
 Paragraph 13, of the same article is amended to read as 
 follows : 
 
 13. Embezzlement by any person or persons hired, salaried 
 or employed, to the detriment of their employers or principals, 
 when the crime or offense is punishable by imprisonment or 
 other corporal punishment by the laws of both countries. 
 
 Paragraph 1 4, of said article, is amended to read as follows : 
 
 14. Kidnaping of minors or adults, defined to be the abduc- 
 tion or detention of a person or persons, in order to exact 
 money from them or from their families, or for any other un- 
 lawful end. 
 
 In continuation and as forming a part of said article, relat- 
 ing to crimes, shall be added the following paragraphs;
 
 EXTRADITION TREATIES. 149 
 
 15. Obtaining by threats of injury or false devices, money, 
 valuables, or other personal property, and the purchase of the 
 same with the knowledge that they have been so obtained, 
 when the crimes or offenses are punishable by imprisonment 
 or other corporal punishment by the laws of both countries. 
 
 16. Larceny, defined to be the theft of effects, personal 
 property or money, of the value of twenty-five dollars or more. 
 
 17. Slave-trade, according to the laws of each of the two 
 countries, respectively. 
 
 18. Complicity in any of the crimes or offenses enumerated 
 in the convention of January 15, 1877, as well as in these ad- 
 ditional articles, provided that the persons charged w T ith such 
 complicity be subject as accessories to imprisonment or other 
 corporal punishment by the laws of both countries. 
 
 The following provisions were also added: 
 
 When the fugitive is arrested and brought before the ex- 
 amining court, if it shall appear that the warrant for his arrest 
 was issued upon a request sent by telegraph, the judge or mag- 
 istrate may at his discretion hold the accused for a period not 
 exceeding twenty-five days, that legal evidence of his guilt 
 may be furnished and laid before the examining court; and if at 
 the end of twenty-five days such evidence is not produced, the 
 person arrested shall be released, provided that the examina- 
 tion of the charges preferred against the accused shall not be 
 actually going on. 
 
 In every case of request for extradition under the treaty of 
 January 5, 1877, and of these additional articles, the legal offi- 
 cers or fiscal ministry of the country where the proceedings 
 are had shall assist the officers of the Government demanding 
 the extradition, before the respective judges and magistrates, 
 by every legal means within their or its power; and no claim 
 whatever for compensation shall be made against the Govern- 
 ment demanding extradition, except in case of those officers
 
 150 HOW TO PROCEED. 
 
 who are paid by special fees for their services, and they shall 
 be entitled to receive from the Government demanding the 
 surrender the customary fees for the services performed by 
 them, according to the rule or law of compensation for such 
 services in the country of which they are officers. 
 
 All the provisions of the aforesaid convention of January 
 5, 1877, not abrogated by this supplementary treaty, apply to 
 these articles with the same force as to the said original con- 
 vention. 
 
 XXXIII. GRAND DUCHY OF LUXEMBURG, OCT. 29, 1 883. 
 
 Crimes. Persons shall be delivered up who shall be con- 
 victed of or charged with any of the following crimes: 1. 
 Murder, including parricide, assassination, poisoning and in- 
 fanticide. 2. Attempt to commit murder. 3. Rape, or attempt 
 to commit rape. 4. Bigamy. 5. Abortion. 6. Arson. 7. 
 Piracy or mutiny on shipboard, whenever the crew, or a part 
 thereof, shall have taken possession of the vessel by fraud or 
 violence against the commander. 8. Burglary, defined to be 
 the act of breaking and entering by night into the house of an- 
 other with intent to commit felony. 9. Robbery, defined to be 
 the act of feloniously and forcibly taking from the person of 
 another money or goods, by violence or putting him in fear, 
 and the corresponding crimes punished by the laws of Luxem- 
 burg under the description of thefts committed in an inhabited 
 house by night, and by breaking in by climbing or forcibly, 
 and thefts committed with violence or by means of threats. 
 10. Forgery, by which is understood the utterance of forged 
 paper, and also the counterfeiting of public, sovereign or gov- 
 ernmental acts. 1 1 . Fabrication or circulation of counterfeit 
 money, either coin or paper, or of counterfeit public bonds, 
 coupons of the public debt, bank notes, obligations, or, in 
 general, any thing being a title or instrument of credit; the 
 counterfeiting of seals and dies, impressions, stamps and marks
 
 EXTRADITION TREATIES. 151 
 
 of State and public administration, and the utterance thereof. 
 
 12. Embezzlement of public moneys committed within the 
 jurisdiction of either party by public officers or depositaries. 
 
 13. Embezzlement by any person or persons hired or salaried, 
 to the detriment of their employers, when the crime is subject 
 to punishment by the laws of the place where it was commit- 
 ted. 14. Willful and unlawful destruction or obstruction of 
 railroads, which endangers human life. 
 
 Reception of articles obtained by means of one of the 
 crimes or offenses provided for by the present convention. 
 
 Extradition may also be granted for the attempt to commit 
 any of the crimes above enumerated when such attempt is 
 punishable by the laws of both contracting parties. 
 
 A person surrendered under this convention shall not be 
 tried or punished or given up to a third power for a crime or 
 offense, not provided for by the present convention and com- 
 mitted previously to his extradition, until he shalj have been 
 allowed one month to leave the country after being discharged 
 or one month after suffering his penalty or being pardoned. 
 
 He may be tried or punished for any crime or offense pro- 
 vided for by this convention committed previous to his extra- 
 dition, other than that for which he was extradited, and notice 
 of the purpose to so try him, with specifications of the offense 
 charged, shall be given the Government which surrendered 
 him, which may demand the same papers and proofs as in a 
 case of ordinary extradition under this treaty. 
 
 The consent of that Government shall likewise be required 
 for the extradition of the accused to a third country unless the 
 accused shill ask of his own accord to be tried or to undergo 
 his punishment, or unless he shall not have left the country 
 within the space of time specified above. 
 
 Political offenses are exempt. 
 
 A person extradited for any of the enumerated offenses
 
 152 HOW TO PROCEED. 
 
 shall not be subsequently tried or punished for any political 
 offense committed previously to his extradition, or on account 
 of any act connected with such political offense, unless he has 
 been at liberty to leave the country for one month after hav- 
 ing been tried, and if convicted, for one month after expiration 
 of sentence or pardon. 
 
 An attempt against the life of the head of a foreign Gov- 
 ernment, or against that of any member of his family when 
 such an attempt comprises the act either of murder, or assas- 
 sination, or of poisoning, shall not be considered a political of- 
 fense or an act connected with such an offense. 
 
 Citizens are not delivered up by either party. 
 
 New Crime. Same as Belgium. 
 
 Requisitio7i shall be made through the respective diplomatic 
 channels, or, in their absence, by the superior consular officers. 
 
 If the fugitive is a convict, a copy of the sentence of the 
 court in which he was convicted, authenticated under its seal, 
 and attestation of the official character of the judge by the 
 proper executive authority, and of the latter by the Minister 
 or Consul of the United States or of Luxemburg, must accom- 
 pany the requisition. If the fugitive is merely accused of crime, 
 a duly authenticated copy of the warrant for his arrest, and of 
 the depositions upon which such warrant was issued, must ac- 
 company the requisition. 
 
 The executives issue the warrants for apprehension and if 
 upon examination before the proper tribunal the case is found 
 to be within the provisions of the treaty the surrender will be 
 made. 
 
 If proceedings have been barred in the country where crime 
 was committed by lapse of time or for other cause, extradition 
 will not be granted. Articles found in possession of accused 
 party and obtained through commissions of crime charged, or 
 that may be used as evidence to prove said crime, shall be
 
 EXTRADITION TREATIES. 153 
 
 seized and surrendered with his person; but the rights of third 
 persons interested in them shall be respected. 
 
 Treaty took effect thirty days after ratification and con- 
 tinues until terminated by either party giving to the other six 
 months' notice of a desire to do so. 
 
 XXXIV. JAPAN, APRIL 29, 1 886. 
 
 Crimes. Persons accused or convicted of one of the crimes or 
 offenses named below, committed in the jurisdiction of one and 
 found in the jurisdiction of the other, shall be delivered up. 1. 
 Murder, and assault with intent to commit murder. 2. Counter- 
 feiting or altering money, or uttering or bringing into circula- 
 tion counterfeit or altered money; counterfeiting certificates or 
 coupons of public indebtedness, bank notes, or other instru- 
 ments of public credit of either of the parties, and the utter- 
 ance or circulation of the, same. 3. Forgery, or altering and 
 uttering what is forged or altered. 4. Embezzlement or crim- 
 inal malversation of the public funds, committed within the 
 jurisdiction of either party, by public officers or depositaries. 
 5. Robbery. 6. Burglary, defined to be the breaking and en- 
 tering by night time into the house of another person with the 
 intent to commit a felony therein; and the act of breaking and 
 entering the house of another, whether in the day or night- 
 time, with the intent to commit a felony therein. 7. The act 
 of entering, or of breaking and entering, the offices of the 
 government and public authorities, or the offices of the banks, 
 banking-houses, savings-banks, trust companies, insurance or 
 other companies, with intent to commit a felony therein. 8. 
 Perjury. 9. Rape. 10. Arson. 11. Piracy by the law of nations. 
 12. Murder, assault with intent to kill, and manslaughter, 
 committed on the high seas, on board a ship bearing the flag 
 of the demanding country. 13. Malicious destruction of, or 
 attempt to destroy, railways, trains, vessels, bridges, dwellings, 
 public edifices, or other buildings, when the act endangers 
 human life.
 
 154 HOW TO PROCEED. 
 
 If the person demanded be held for trial in the country on 
 which the demand is made, the latter may, at its option, deliv- 
 er him up or proceed with trial, but unless the said trial shall 
 be for the same crime for which he is demanded, the delay 
 shall not prevent ultimate extradition. 
 
 Political offenses are exempt. 
 
 Persons surrendered for an extraditable crime shall not 
 then be tried or punished for a political offense committed pri- 
 or to his extradition, nor for any offense other than that in re 
 spect of which the extradition is granted. 
 
 Requisition is made through the diplomatic agents, or in 
 their absence, by superior consular officers. 
 
 If the fugitive is a convict, a copy of the sentence of the 
 court in which he was convicted, authenticated under its seal, 
 and an attestation of the official character of the judge by the 
 proper executive authority, and of the latter by the Minister or 
 Consul of the United States or of Japan, shall accompany the 
 requisition. If he is merely charged with crime, a duly au- 
 thenticated copy of the warrant of arrest and of the depositions 
 upon which such warrant was issued, must accompany the 
 requisition. 
 
 On being informed by telegraph or other written commu- 
 nication through a diplomatic channel, that a lawful warrant 
 has been issued by competent authority upon probable cause 
 for the arrest of a fugitive criminal charged with any of the 
 above enumerated crimes, and on being assured that a request 
 for the surrender of such criminal is about to be made, each 
 Government will endeavor to procure so far as it lawfully may 
 the provisional arrest of such criminal and keep him in safe 
 custody for a reasonable time, not to exceed two months, to 
 await the production of the documents upon which the claim 
 for extradition is founded. 
 
 Neither party delivers up its own citizens.
 
 EXTRADITION TREATIES. 1 55 
 
 Treaty went into force sixty days after ratification and may 
 be terminated at any time by either party giving to the other 
 six months' notice of a desire to do so. 
 
 XXXV. NORTH GERMAN CONFEDERATION, FEB. 22, 1 868. 
 
 This treaty is denominated a "Convention relative 'to 
 Naturalization," but the third Article refers to extradition and 
 is as follows: 
 
 "The convention for the mutual delivery of criminals, fugi- 
 tives from justice, in certain cases, concluded between the 
 United States on the one part and Prussia and other States of 
 Germany on the other part, the sixteenth day of June, one 
 thousand eight hundred and fifty-two, is hereby extended to all 
 the States of the North German Confederation." 
 
 This completes the list of extradition treaties now in force 
 between the United States and foreign countries. It will be 
 seen that almost the whole civilized world is covered by these 
 treaties. It will be observed that these conventions grow in 
 the number of crimes made extraditable, and in the elaboration 
 of details as they proceed in point of time. The uniformity of 
 expression and stipulation also shows how strongly this Gov- 
 ernment has impressed its personality on all these compacts, 
 and how potent has been its influence upon representatives of 
 foreign Governments in their negotiation. 
 
 UNITED STATES EXTRADITION LAWS. 
 
 The United States Congress has enacted laws supplement- 
 ing the existing extradition treaties, and providing for carrying 
 out their provisions. This legislation will be found in the Re- 
 vised Statutes of the United States from Section 5270 to 5280 
 inclusive, and a special act of Aug. 3, 1882 (22 U. S. Stat, at 
 Large, 215). This legislation covers International and Inter- 
 State extradition as well as that of deserting seamen. 
 
 The laws relating to Inter-State extradition have already 
 been given in the proper place. The laws relating to Interna-
 
 156 HOW TO PROCEED. 
 
 tional extradition are divided into two classes: 1. Those relat- 
 ing to such extradition from the United States. 2. Those re- 
 lating to the extradition to the United States. We will only 
 take space to briefly summarize these laws. Those desiring to 
 give them a careful study will find the full text in the Revised 
 Statutes of the United States. 
 
 EXTRADITION FROM THE UNITED STATES. 
 
 i . Examining Magistrates, Sec. 5270. If there is an extra- 
 dition treaty, any justice of the Supreme Court, circuit judge, 
 district judge, commissioner authorized by any court of the 
 United States, or a judge of a court of record of general juris- 
 diction of any State, may, upon complaint, made under oath, 
 charging any person found within the limits of any State, dis- 
 trict or territory, with having committed within the jurisdiction 
 of any such foreign Government any of the crimes provided 
 for by such treaty, issue, his warrant for the apprehension of 
 the person so charged, that he may be brought before such 
 justice, judge, etc., to hear the evidence of criminality. If he 
 deems the evidence sufficient according to the provisions of 
 the treaty, he shall certify the same, with a copy of the evi- 
 dence taken, to the Secretary of State, that a warrant may is- 
 sue upon the requisition of the proper authorities of such for- 
 eign Government for the surrender of such person according 
 to the treaty; and he shall issue his warrant for the commit- 
 ment of the person to the proper jail, to remain until such sur- 
 render shall be made. 
 
 2. Documentary Proof, Sec. 52JI. In the hearing provided 
 for above, any depositions, warrants or other papers offered in 
 evidence, shall be admitted if they shall be properly and legally 
 authenticated so as to entitle them to be received as evidence 
 of the criminality of the person so apprehended, by the tri- 
 bunals of the foreign country from which the accused shall 
 have escaped, and copies of such documents shall, if authen-
 
 EXTRADITION TREATIES. 157 
 
 ticated according to the laws of the country making the de- 
 mand, be received as evidence ; the certificate of the principal 
 diplomatic or consular officer of the United States, resident in 
 such foreign country, shall be proof that the authentication is 
 in proper form. 
 
 3. Executive Delivery, Sec. 5272. The Secretary of State 
 makes the delivery to such person as shall be authorized by 
 the foreign Government to receive him; and the agent shall 
 hold him in custody and take him to the territory of such for- 
 eign Government. If the prisoner escape, it shall be lawful to 
 retake him in the same manner, as any person accused of any 
 crime against the laws in force in that part of the United States 
 to which 'he shall escape, may be retaken on an escape. 
 
 4. Limitation of Time, Sec. 5273. Any person committed 
 as before provided, to await extradition papers, may be dis- 
 charged after two calendar months over and above the time ac- 
 tually required to convey the prisoner from the jail, by the 
 readiest way, out of the United States. The prisoner must 
 make application to any State or United States judge and sub- 
 mit proof that reasonable notice has been given the Secretary 
 of State that such application would be made. If sufficient 
 cause is not shown to such judge why such discharge should 
 not be made he may discharge him from custody. 
 
 5. Application of the Laws, Sec. 5274. These laws continue 
 in force during the existence of any treaty of extradition with 
 any foreign Government and no longer. 
 
 EXTRADITION TO THE UNITED STATES. 
 
 6. Protection of the Fugitive, Sec. 5275. When an agent of 
 the United States receives a fugitive from a foreign Govern- 
 ment under a treaty, the President shall have power to provide 
 for his transportation, safe-keeping and security against lawless 
 violence, until the final conclusion of his trial and for a rea- 
 sonable time thereafter, and may employ such portion of the
 
 158 HOW TO PROCEED. 
 
 land or naval forces of the United States, or of the militia, as 
 may be necessary for such purpose. 
 
 7. Powers of the Agent, Sec. 5276. The duly appointed 
 agent of the United States has all the powers of a Marshal of 
 the United States. 
 
 8. Penalty for Interference, Sec. 52JJ. Any person who 
 knowingly and willfully obstructs, resists or opposes such 
 agent in the execution of his duties, or who rescues or at- 
 tempts to rescue such prisoner, whether in the custody of the 
 agent or of any officer or person to whom his custody has law- 
 fully been committed, shall be punishable by a fine of not 
 more than one thousand dollars, and by imprisonment for not 
 more than one year. 
 
 9. Act of August 3, 1882. This act supplements the fore- 
 going provisions of the Revised Statutes and provides as 
 follows : 
 
 (1.) Extradition Practice. (Sec. 1.) That all hearings in 
 cases of extradition under treaty stipulation shall be held on 
 land, publicly, and in a room or office easily accessible to the 
 public. 
 
 (2.) Commissioners' Fees. (Sec. 2.) The following fees are 
 allowed and no other : 
 
 (a.) For administering an oath, ten cents. 
 
 (6.) For taking an acknowledgment, twenty-five cents. 
 
 (c.~) For taking and certifying depositions to file, twenty 
 cents for each folio. 
 
 (d.) For each copy of the same, furnished to a party on re- 
 quest, ten cents for each folio. 
 
 (<?.) For issuing any warrant or writ, and for any other ser- 
 vice, the same compensation as is alloWed clerks for like services. 
 
 (/.) For issuing any warrant under the treaty of August 
 9, 1842, with Great Britain, against any person charged with 
 any crime set forth in said treaty, two dollars.
 
 EXTRADITION TREATIES. 1 59 
 
 (g.) For issuing any warrant under the treaty with France, 
 November 9, 1843, two dollars. 
 
 (k.) For hearing and deciding the case of any person 
 charged with any crime or offense, five dollars a day for the 
 time necessarily employed. 
 
 (3) Subpoena of Witnesses. (Sec. 3.) If upon the hearing 
 the person charged shall make affidavit that there are witness- 
 es whose evidence is material to his defense, that he can not 
 safely go into trial without them, stating what he expects to 
 prove by each, and that he is not possessed of sufficient means, 
 and is actually unable to pay the fees of such witnesses, the 
 judge may order them subpoenaed and the cost incurred by so 
 doing shall be paid in the same manner that similar fees are 
 paid in the case of witnesses for the United States. 
 
 (4.) Witness Fees. (Sec. 4.) All costs of every nature at- 
 tending extradition, including the commissioner's fees, shall be 
 certified by the judge or commissioner to the Secretary of 
 State of the United States and shall be paid out of the appro- 
 priation to defray the expenses of the judiciary ; and the Secre- 
 tary of State shall cause the amount of said fees and costs to be 
 reimbursed to the United States by the foreign Government 
 demanding the extradition. 
 
 (5.) Evidence. (Sec. 5.) Depositions, warrants and other 
 papers, or copies thereof, shall be admitted as evidence, on the 
 hearing if they are authenticated in such manner as to entitle 
 them to be received for similar purposes in the tribunals of the 
 foreign country from which the accused escaped, and the cer- 
 tificate of the principal diplomatic or consular officer of the 
 United States, resident in such foreign country, shall be proof 
 that such documents or copies are authenticated in the manner 
 required by this act. 
 
 Section 5280 provides for the extradition of deserting sea- 
 men.
 
 l6o HOW TO PROCEED. 
 
 Extradition from Canada to the United States is made un- 
 der the treaty of 1842 with Great Britain. A new treaty is now 
 in progress of negotiation which will largely increase the num- 
 ber of offenses extraditable between this country and Canada, 
 and that country will then no longer be the common refuge 
 for swindlers and embezzlers from the States, a change which 
 ought to be agreeable and profitable to both countries. 
 THE ENGLISH EXTRADITION ACT, 1870. 
 
 Perhaps four-fifths of the extradition cases that occur arise 
 under the treaty of 1842 with Great Britain. As it frequently 
 happens that criminals flee from this country to England or 
 some of her dependencies it is important to know the formali- 
 ties of the English law that must be complied with. For the 
 information of those who may have to deal with such cases we 
 give the principal points of that law : 
 
 Section 3. The following restrictions shall be observed 
 with respect to the surrender of fugitive criminals : 
 
 (1.) Fugitives charged with political offenses will not be 
 surrendered, or if the fugitive prove to the satisfaction of the 
 judge on the hearing, or to the Secretary of State, that the 
 requisition for his surrender has in fact been made with a view 
 to try or punish him for such offense, he will not be surrend- 
 ered. 
 
 (2.) . A fugitive criminal shall not be delivered to a foreign 
 State unless provision is made by the law of that State, or by 
 arrangement, that he shall not be detained or tried in that 
 State for any offense committed prior to his surrender, other 
 than the extradition crime, until he has been restored or had 
 an opportunity of returning to Her Majesty's dominions. 
 
 (3.) A fugitive who has been accused of some crime in 
 Her Majesty's dominions other than the crime for which his 
 extradition is asked, or is undergoing sentence under convic- 
 tion, shall not be surrendered until he is discharged.
 
 EXTRADITION TREATIES. if) I 
 
 (4.) A fugitive criminal shall not be surrendered until the 
 expiration of fifteen days from the date of his being committed 
 to prison to await his surrender. 
 
 Section 7. A requisition shall be made to a Secretary of 
 State by a diplomatic representative of the foreign State. A 
 Secretary of State may order a police magistrate to issue a 
 warrant for the arrest of the fugitive, or if he think the offense 
 is of a political character he may refuse, and may at any time 
 order the person accused or convicted of such offense to be 
 discharged from custody. 
 
 Section 10. The evidence produced of the fugitive's guilt 
 must be as much as would suffice to justify his commitment 
 for trial if the crime of which he is accused had been committed 
 in England, otherwise the magistrate shall discharge him. 
 
 Section 14. Depositions taken in a foreign country, and 
 copies of the same, or judicial documents stating the fact of 
 conviction may, if duly authenticated, be received in evidence. 
 
 Section 15. These depositions and other documents shall 
 be deemed duly authenticated, if authenticated in manner pro- 
 vided for the time being by law, or as follows: (1.) If the 
 warrant purports to be signed by a judge, magistrate, or officer 
 of the foreign State where the same was issued; (2.) If the 
 depositions or copies thereof purport to be certified under the 
 hand of a judge, magistrate, or officer of the foreign State 
 where the same were taken, to be the original depositions or 
 statements or true copies thereof, as the Case may require; (3.) 
 If the judicial document stating the fact of conviction purports 
 to be certified by a judge where the conviction took place; and 
 in every case the warrants, depositions, statements, copies, cer- 
 tificates, and judicial documents (as the case may be) are au- 
 thenticated by the oath of some witness or by being sealed 
 with the official seal of the Minister of Justice ; and all courts 
 of justice shall take judicial notice of such official seal, and
 
 1 62 HOW TO PROCEED. 
 
 shall admit the documents authenticated by it to be received 
 in evidence without further proof. 
 
 Section 17. This act extends to every British possession, 
 with the following modifications: (1.) The requisition for a 
 person in a British possession may be made to the Governor 
 thereof by any person recognized by him as a consul-general, 
 consul, or vice-consul; (2.) No warrant of a Secretary of State 
 shall in this case be required, the Governor being empowered 
 to perform all acts vested in or authorized to be done by the 
 magistrate and Secretary of State or either of them; (3.) Any 
 prison in the British possession may be substituted for a prison 
 in Middlesex; (4.) A judge of any court in the British posses- 
 sion, exercising the like powers as the Court of Queen's Bench 
 in England, may exercise the power of discharging the crimi- 
 nal when not conveyed within two months out of the British 
 possession. 
 
 Section 18. If the British possession by its legislature has 
 passed any law or ordinance either before or after the passage 
 of this act, providing for the surrender of fugitives, Her Majesty 
 may by the Order in Council suspend the operation of this act 
 or any part thereof within such foreign possession so long as 
 said law or ordinance remains in force and no longer; or direct 
 that such law or ordinance, or any part thereof, shall have ef- 
 fect in such possession, with or without modifications, as if it 
 were a part of this act. 
 
 Section 19. When a fugitive is extradited to England from 
 a foreign country he shall not, until he has been restored or 
 had opportunity to return to such foreign State, be tried or 
 triable for any offense committed prior to the surrender in any 
 of Her Majesty's dominions, other than such crimes as may be 
 proved by the facts on which the surrender is grounded. 
 
 Section 24. The testimony of any witness ma)' be obtained 
 in relation to any criminal matter pending in any foreign
 
 EXTRADITION TREATIES. 1 63 
 
 tribunal in the same manner as it is obtained in civil matters, 
 as provided by law. 
 
 This brings to a close our r ema rks upon the subject of ex- 
 tradition. The subject, in bot^uiter-State and international 
 features, is one but illy understood even by a large majority of 
 the practitioners at the bar, and we judge not at all by the 
 people at large. Still it is a subject of growing importance, 
 and one which will demand constantly increasing attention and 
 study as the facilities for foreign travel improve. If we have 
 been able to shed any light upon the subject in these few 
 pages, or to point out the way to any benighted officer, detec- 
 tive or agent, it will be a source of gratification to us and some 
 assurance that we have not written in vain.
 
 CHAPTER V. 
 
 COUNTERFEITING. 
 
 ONE of the most extensively followed branches of crime 
 is that of counterfeiting, embracing both the coin and 
 paper currency of the country. It is necessarily car- 
 ried on with great secrecy, as the Secret Service Offi- 
 cers of the Government are extremely vigilant and alert, and 
 with their large experience and keen scent for crime, frequent- 
 ly follow a very slight clew to its legitimate source with as 
 much precision and confidence as a hound would scent the fox. 
 We shall not undertake to tell in this work how to detect 
 and capture counterfeiters, but we will give some information 
 in regard to detecting counterfeit money that will be of vast 
 value and importance to every merchant, business man and 
 farmer in the country. We will give descriptions of all the 
 principal counterfeit National bank notes now in circulation, 
 also counterfeit United States notes, so that by a little study, 
 and the application of a few principles, no one need ever be 
 defrauded or imposed upon with counterfeit money. 
 
 NATIONAL BANK NOTES. 
 
 National bank notes are divided into three classes: i. The 
 old series, bearing the small star-pointed seal and signed by F. 
 E. Spinner, as Treasurer. 2. The series of 1875 with a scal- 
 loped seal, signed by John C. New, A. U. Wyman or Jas. Gil- 
 fillan, as Treasurer. 3. The series of 1882, with large choco- 
 late colored seal and signed by Jas. Gilfillan or A. U. Wyman, 
 as Treasurer. 
 
 The old series with pointed seal are all printed on plain bank 
 note paper. The series of 1875 and 1882 are printed on fibre 
 
 164
 
 COUNTERFEITING. 1 65 
 
 paper. The charter number is printed in large figures on each 
 end of the note in the series of 1875, and in the series of 1882 
 it is printed in large figures on the face of the note and also 
 in small figures around the face of the note; on the back of 
 the '82 series the charter number is printed in large figures in 
 green panel in center of note. All notes have a check letter, 
 either A, B, C, or D. This letter is printed in two places on 
 the note, at top and bottom, and at diagonally opposite corners. 
 A few banks have received notes with check letters E, F, G, 
 H, but none of these have been counterfeited. The following 
 rules then, if followed, will facilitate the work of detecting 
 counterfeit National bank notes: 
 
 1. All National bank notes bearing check letters E, F, G, 
 or H, are good. 
 
 2. All National bank notes signed by a different Register 
 and Treasurer from those in the following list are good. 
 
 3. All National bank notes signed by the same Register and 
 Treasurer as those in the following list are good, provided the 
 check letter is different. 
 
 4. All National bank notes issued by banks not found in 
 the following list are good. 
 
 If a note is found bearing the same signatures of Register 
 and Treasurer, and the same check letter and issued by the 
 same bank as one in the following list then it may or may not 
 be counterfeit, and to aid in determining that fact is the object 
 of the insertion of these few pages. 
 
 One experienced in handling money is usually attracted to 
 a counterfeit by its general appearance, or by its "feel" as it 
 passes through his hands. The only way to learn this is to 
 study good money and compare it with bad. The paper used 
 by the Government has never been exactly imitated, although 
 in recent years some excellent attempts have been made. The 
 ink used by the Government is manufactured by a secret pro-
 
 1 66 HOW TO PROCEED. 
 
 cess and has a peculiar gloss which has never been success- 
 fully imitated. This is especially noticeable in the number of 
 the note, which, when the bill is good, shows its peculiar 
 glistening appearance until the note is worn out. 
 
 Notes counterfeited by the photographic process are easily 
 detected, as it is impossible to reproduce the original colors of 
 the notes. The coloring must be done by hand and it results 
 in a bungling appearance to the note which is observable at 
 once. In this class of work the numbers can not be relied 
 upon as a means of detection. 
 
 ONES. 
 
 BOSTON, MASS. A. Series of 1875. National Eagle. 
 
 J. Allison, Register. Photographic. A. U. Wyman, Treasurer. 
 
 Signed R. S. Covell, President, Wm. G. Brooks, Cashier; 
 Treasury No. 211,944, Bank No. 3,640. 
 
 TWOS. 
 
 KINDERHOOK, N. Y. A. Old Series. National Union. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 In words " Will pay to bearer " on genuine note, the W be- 
 gins with flourish, making angle with first line of the W. On 
 counterfeit the W begins with an oval flourish. 
 LINDERPARK, N. Y. A. National Union. 
 
 Entirely fraudulent. There never was any such bank. 
 
 NEWPORT, R. I. A. Old Series. National Bank op R. I. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 Coarsly engraved ; seal and numbers bad. Signed W. A. 
 Clark, President, J. P. Peckham, Cashier. 
 
 NEW YORK, N. Y. A. Old Series. Ninth National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 Title on genuine reads " The Ninth National Bank of the
 
 COUNTERFEITING. 167 
 
 City of New York." The word " the " is omitted in the coun- 
 terfeit, reading " of City of New York." 
 
 NEW YORK, N. Y. A. Old Series. Marine National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 Title on genuine reads "Marine National Bank of the City 
 of New York." On counterfeit the word "the" is omitted. 
 
 NEW YORK, N. Y. A. Old Series. Market National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 Same description as National Union Bank, Kinderhook, 
 N. Y. 
 NEW YORK, N. Y. A. Old Series. St. Nicholas National. 
 
 S. B. Colby. Register. F. E. Spinner, Treasurer. 
 
 Same description as National Union Bank, Kinderhook, 
 
 N. Y. 
 
 PEEKSKILL, N. Y. A. Old Series. Westchester Co. Nat'l. 
 
 S. B. Colby, Register. F. E- Spinner, Treasurer. 
 
 Same description as National Union Bank, Kinderhook, 
 N. Y. 
 
 FIVES. 
 
 AMSTERDAM, N. Y. B. Old Series. Manufacturers' Nat'l. 
 
 John Allison, Register. F. E. Spinner, Treasurer. 
 
 Coarsely engraved; but appearance fair. The counterfeit 
 bears a flourish directly under the letters Trea of the word 
 Treasurer and over the printed signature of Allison, that the 
 genuine does not have. 
 
 AURORA, ILL. A. Old Series. First National. 
 
 S. B. Colby, Register. F. E. Spinner. Treasurer. 
 
 All notes on this bank signed by S. B. Colby are counter- 
 feit. The genuine are signed by L,. E. Chittenden as Reg- 
 ister.
 
 1 68 HOW TO PROCEED. 
 
 BOSTON, MASS. C Series of 1875. Boyleston National. 
 
 John Allison, Register. J no. C. New, Treasurer. 
 
 Counterfeit bears signature of J. T. Bailey, Pres't, and D. 
 S. Waterman, Cashier. A very poor counterfeit; done by the 
 photographic process. 
 
 BOSTON, MASS. C Series of 1875. Globe National. 
 
 John Allison, Register. Jno. C New, Treasurer. 
 
 W. B. Stevens, Pres't, C. B. Sprague, Cashier. A bad 
 photographic note, green on back, looking smeary. 
 
 BOSTON, MASS. B Series of 1875. Pacific National. 
 
 John Allison, Register. Jas. Gilfillan, Treasurer. 
 
 A poor photographic note. Bank no longer in existence 
 and very few genuine notes out. 
 
 CANTON, ILL'. A Old Series. First National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 All notes on this bank signed by S. B. Colby are counter- 
 feit. Genuine signed by L/. E. Chittenden. 
 
 CECIL, ILL. A. First National. 
 
 No such bank ever existed. 
 
 CHICAGO, ILL. A. Old Series. First National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 All notes signed by Colby counterfeit. 
 
 CHICAGO, ILL. A. Old Series. Central, National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 Same as First National of Chicago. 
 
 CHICAGO, ILL. A. Old Series. German National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 Same as First National of Chicago. 
 
 CHICAGO, ILL. A. Old Series. Merchants' National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer.
 
 COUNTERFEITING. 1 69 
 
 Made from same plate as Traders' National Bank, Chicago, 
 described below. 
 
 CHICAGO, ILL/. A. Old Series. Traders' National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 The infallible rule for this note and for all counterfeit $5 
 Illinois notes is as follows : On a genuine note the perpendicu- 
 lar line on back of note at right end, when extended, strikes 
 a figure 5 in the margin ; in the counterfeit this line strikes be- 
 tween the marginal figures. All Illinois $5 counterfeits are 
 printed from this plate. 
 
 CHICAGO, ILL. A. Old Series. Union National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 The date is the key. Genuine dated Jan. '14, 1865, coun- 
 terfeit May 10, 1865. 
 
 DEDHAM, MASS. B. Series of 1875. Dedham National. 
 
 John Allison, Register. Jnq. C. New, Treasurer. 
 
 A poor photographic counterfeit, signed by Ezra W. Taft, 
 Pres't, L. H. Kingsbury, Cashier. The green tint is entirely 
 omitted at top of back where words "National Currency" are 
 printed, and is poorly put on elsewhere. 
 
 FALL RIVER, MASS. C.-Series of 1875. Pocasset National. 
 
 John Allison, Register. A. U. Wyman, Treasurer. 
 
 A photographic note, Bank No. 762, Treasury No. B974,- 
 157- 
 GALENA, ILL. A. First National. 
 
 Entirely fraudulent. There never was any such bank. 
 
 HANOVER, PA. D. Old Series. First National. 
 
 L. E. Chittenden, Register. F. E. Spinner. Treasurer. 
 
 The date is the key. Those bearing the words "Act 
 approved June 3, 1864," are counterfeit. Genuine have Feb. 
 25, 1863.
 
 170 HOW TO PROCEED. 
 
 JACKSON, MICH. D Old Series. People's National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 A poorly executed lithograph. Bank Note Company's im- 
 print on lower border is very bad. 
 
 JEWETT CITY, CONN. B Old Series. Jewett City National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 Badly done, looking like a wood-cut. Bank dead, and few 
 genuine notes out. 
 
 LEICESTER, MASS. C.-Series of 1875. Leicester National. 
 
 John Allison, Register. Jno. C. New, Treasurer. 
 
 Poor photographic note, easily detected. Treasury No. 
 1)700,578. Bank No. 2,203. 
 
 MILWAUKEE, WIS. B Series of 1882. First National. 
 
 B. K. Bruce, Register. Jamks Gilfillan, Treasurer. 
 
 A rather poor photographic counterfeit, which ought not 
 to deceive. Has vignette of Garfield. Bank No. 269. Treas- 
 ury A347,i46. Charter No. 2,715. Scalloped seal, pale pink; 
 border on back, brown; center of back, light olive; lathe- work, 
 slate color and green. 
 
 MONTPELIER, VT. A. Series of 1875. Montpelier National. 
 
 John Allison, Register. jNp. C. New, Treasurer. 
 
 A photographic note; Bank No. 1,166; Treasury No. B137,- 
 701. Charter No. 857. 
 NEW BEDFORD, MASS. B. Series of 1875. First National. 
 
 Poor photographic counterfeit, of which only one note has 
 ever been seen. Treas. No. 6796,654. Bank No. 261. 
 
 NEW BEDFORD, MASS. C Old Series. Merchants' National. 
 S. B. Colby, Register. F. E- Spinner. Treasurer. 
 
 A very fine and dangerous counterfeit. The thigh of Co- 
 lumbus on the back has a broken or clubbed appearance, while 
 in the genuine it is natural and perfect.
 
 COUNTERFEITING. 171 
 
 NORTHAMPTON, MASS. C Old Series. First National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 All notes on this bank signed S. B. Colby, Register, are 
 counterfeit. 
 
 NORWALK, CONN. A. Series of 1882. Cent. Nat' l Bank of 
 
 B. K. Bruce, Register. A. U. Wyman, Treasurer. 
 
 This is a very defective counterfeit and should not deceive. 
 The paper is bad, not being fibre paper, or having the parallel 
 colored silk threads. The charter number is 404 instead of 
 2342, as it should be. It is printed partly from type and part- 
 ly from wood-cut. 
 
 PAWLING, N. Y. A. Old Series. The National Bank of 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 Position of check letter A in upper left hand corner is the 
 key. In counterfeit it nearly touches the yard-arm; in genu- 
 ine it is midway between yard-arm and border of note. 
 
 PAXTON, ILL. A. Old Series. First National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 All notes on this bank, signed by S. B. Colby, are counter- 
 feit. 
 
 PERU. ILL. A Old Series. First National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 All notes on this bank, signed by S. B. Colby, are counter- 
 feit. 
 
 ROME, N. Y. B. Old Series. Fort Stanwix National. 
 
 S. B y CoLBY, Register. F. E- Spinner, Treasurer. 
 
 Engraving of vignettes is coarse and shading of large let- 
 ters is bad. Quite a dangerous counterfeit. 
 
 SOUTHBRIDGE, MASS. B. Series of 1875. Southbridge Nat'l- 
 John Allison, Register. John C. New, Treasurer.
 
 I J2 HOW TO PROCEED. 
 
 A photographic counterfeit, not dangerous. Bank No. 409 ; 
 Charter No. 934; Treasury No. 532,804. 
 
 ST JOHNSBURY, VT. C Series of 1875. First National. 
 
 John Allison, Register. John C. New, Treasurer. 
 
 A poorly executed photographic counterfeit. They have 
 appeared in several different numbers. 
 
 TAMAQUA, PA. B Old Series. First National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 Three keys to this note: 1. Charter No., which is 1,219; 
 all notes bearing any other number are counterfeit. 2. The 
 word owing in the upper right of back is spelled owwz'g. 
 3. The word Thousand in lower right of note is spelled 
 Thousand. 
 
 TROY, N. Y. A Old Series. National State. 
 
 John Allison, Register. John C. New, Treasurer. 
 
 Notes on this bank with old series seal and John C. Nevv's 
 name are counterfeit. Also on the counterfeit, the word Treas- 
 ury under the Register's name is printed Treasury. 
 
 VIRGINIA, ILL. A. Old Series. Farmers' National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 Counterfeits are dated May 10, 1865. Genuine Sept. 1, 
 1865. 
 WESTFIELD, MASS. C. & 0. Old Series. Hampden National. 
 
 S. B. Colby, Register. F. E. Spinner. Treasurer. 
 
 The expression of Columbus is not good, and in the ship 
 on left end of note the connection between the upright stan- 
 dard and the rail in the bulwark is omitted. t 
 
 TENS. 
 
 ALBANY, N. Y. A. Old Series. Albany City National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 Lathe-work, numbers and seal all bad.
 
 COUNTERFEITING. 173 
 
 AUBURN, N. Y. A. Old Series. Auburn City National. 
 
 S. B. Colby, Register. F. E. Spinner. Treasurer. 
 
 Lathe- work, numbers and seal all bad. 
 
 BUFFALO, N. Y. A. Old Series. Farmers' & Manuf. Nat. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 The plate for this note was changed from the Farmers' and 
 Manufacturers' National Bank, of Poughkeepsie, N. Y., which 
 see below. There is no such bank at Buffalo. 
 
 CINCINNATI, OHIO. C Series of 1882. Third National. 
 
 B. K. Bruce, Register. Jas. Gilftllan, Treasurer. 
 
 A very bad note, on stiff and greasy paper, without fibre or 
 parallel silk threads. Engraving coarse. At upper left cor- 
 ner, in word "printed," the N is engraved wrong side up. 
 
 LAFAYETTE, IND. A. Old Series. Lafayette National. 
 
 John Allison, Register. F. E. Spinner, Treasurer. 
 
 Counterfeits bear Bank No. 1,496, Treasury No. 165,167. 
 
 LOCKPORT, N. Y. A. Old Series. First National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 Counterfeits are signed S. B. Colby, Register. 
 
 MUNCIE, IND. A Old Series. Muncie National. 
 
 John Allison, Register. F. E. Spinner, Treasurer. 
 
 Counterfeits bear Bank No. 1,496, Treasury No. 165,167. 
 
 NEWBURGH, N. Y. A Old Series. Highland National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 Very bad, seal, lathe-work and numbering all quite defec- 
 tive. 
 
 NEW YORK, N. Y. A. Old Series. First National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 Counterfeits are signed S. B. Colby.
 
 174 HOW TO PROCEED. 
 
 NEW YORK, N. Y. A Old Series. American National. 
 
 S. B. Colby, Register. F. E- Spinner, Treasurer. 
 
 Counterfeits are dated July i, 1865, genuine Jan. 26, 1865. 
 
 NEW YORK, N. Y. A Old Series. Croton National. 
 
 S. B Colby, Register. F. E. Spinner, Treasurer. 
 
 Bank dead and few genuine notes out. 
 
 NEW YORK, N. Y. A.-Old Series. Marine National 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 " Marine National Bank of the City of New York" is the 
 title on genuine; in counterfeits the words "the City of '" are 
 left out. 
 
 NEW YORK, N. Y. A Old Series. Market National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 Counterfeits bear date July 1, 1865; genuine May 10, 1865. 
 
 NEW YORK, N. Y. A. Old Series. Mechanics' National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 "Mechanics' National Bank of the City of New York" is 
 title on genuine notes; on counterfeits the word the is omitted. 
 
 NEW YORK, N. Y. A. Old Series. Merchants' Natio?<al. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 Bank officers' signatures are printed on the counterfeit; 
 they should be written. 
 
 NEW YORK, N. Y. A. Old Series. Nat. Bank of Commerce. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 Counterfeits bear date July 1, 1865; genuine Jan. 19, 1865. 
 
 NEW YORK, N. Y. A. Old Series. Nat. Bank of State N. Y. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 Lathe-work, seal and numbering all poor. 
 
 NEW YORK, N. Y. A. Old Series. Union National- 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer.
 
 COUNTERFEITING. 1 75 
 
 Counterfeits bear date July i, 1865; genuine July 20, 1865. 
 
 PHILADELPHIA, PA. B Old Series. First National. 
 
 L. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 Counterfeits bear date Feb. 20, 1864; genuine Nov. 2, 1863. 
 
 PHILADELPHIA, PA. B Old Series. , Third National. 
 
 L. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 The word Currency is the key; as found in the upper right 
 hand end of bill in counterfeit, it is printed Curreiiy. 
 
 POUGHKEEPSIE, N. Y. A. Old Series. First National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 Counterfeits are signed S. B. Colby. 
 
 POUGHKEEPSIE, N. Y. A. Old Series. City National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 Numbers, seal and lathe-work all defective. 
 
 POUGHKEEPSIE, N. Y. A. Old Series. Farmers' & Manuf. Nat. 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 The letters P and O join in the word Poughkeepsie in 
 counterfeit; in genuine they do not. 
 
 RED HOOK, N. Y. A. Old Series. First National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 Counterfeits bear date Feb. 20, 1865; genuine Jan. 26, 1865. 
 
 RICHMOND, IND. A. Old Series. Richmond National. 
 
 John Allison, Register. F. E- Spinner. Treasurer. 
 
 Counterfeits bear these numbers: Bank, 1,496; Treasury, 
 165,167. 
 
 ROCHESTER. N. Y. A. -Old Series. Flour City National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 Counterfeits bear date July i. } 1865; genuine Aug. 1, 1865. 
 
 ROME, N. Y. A. Old Series. Central National. 
 
 S. B. Colby, Register. F. E. Spinner Treasurer.
 
 176 HOW TO PROCEED. 
 
 Counterfeits bear date May 12, 1865; genuine Aug. 1, 1865. 
 
 SYRACUSE, N. Y. A. Old Series. Syracuse National. 
 
 S. B. Colby, Register. F. E. Spinner. Treasurer. 
 
 Seal, numbering and lathe-work all defective. 
 
 TROY, N. Y. A. Old Series. Mutual National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 Eagle's wing touches date 1865, on counterfeit; it should 
 not. 
 
 VEVAY, IND. A. Old Series. First National. 
 
 John Allison, Register. F. E. Spinner, Treasurer. 
 
 Counterfeits have Bank No. 1,496; Treasury No. 165,167. 
 
 WATERFORD, N. Y. A. Old Series. Saratoga Co. National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 Counterfeits have Bank No. 1,048; Treasury No. 810,516. 
 Few genuine notes out; bank in voluntary liquidation. 
 
 WATKINS, N. Y. A. Old Series. Watkins National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 Counterfeits bear date Aug. 1, 1865; genuine May 15, 1865. 
 Bank now out of existence. 
 
 TWENTIES. 
 
 INDIANAPOLIS. IND A. Old Series. First National. 
 
 L. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 Butt of gun in vignett of counterfeit touches border of 
 note; it should not. 
 MOHAWK, N. Y. A. Series of 1882. National Valley. 
 
 This is a photographic note, printed from a glass plate, 
 signed Eli Fox, President, H. D. Alexander, Cashier; Charter 
 No. 1,130. No attempt to imitate fibre paper. Counterfeiters 
 and plates captured and not many notes issued.
 
 COUNTERFEITING. 177 
 
 NEW YORK, N. Y. B Old Series. First National. 
 
 L. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 Counterfeits bear date July 19, 1865; genuine Nov. 2, 1863. 
 
 NEW YORK, N. Y. B Old Series. Market National. 
 
 L- E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 Counterfeits bear name of L. E. Chittenden, Register; gen- 
 uine, S. B. Colby. 
 
 NEW YORK, N. Y. B Old Series. Merchants' National. 
 
 L- E. Chittenden, Register. F. E- Spinner, Treasurer. 
 
 Counterfeits bear name of L. E. Chittenden, Register; gen- 
 uine, S. B. Colby. 
 
 NEW YORK, N. Y. B. Old Series. Nat. Bank of Commerce. 
 
 L. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 Counterfeits bear name of L. E. Chittenden, Register; gen- 
 uine, S. B. Colby. 
 
 NEW YORK, N. Y. B Old Series. NaT. Shoe & Leather. 
 
 L. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 Counterfeits bear name of L. E. Chittenden, Register; gen- 
 uine, S. B. Colby. 
 
 NEW YORK, N. Y. B Old Series. Tradesmen's National. 
 
 L. E. Chittenden, Register. F. E- Spinner, Treasurer. 
 
 Counterfeits bear name of L. E. Chittenden, Register; gen- 
 uine, S. B. Colby. 
 
 PHILADELPHIA, PA. A. Old Series. Fourth National. 
 
 L. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 Bank out of existence; few genuine notes out. 
 PORTLAND, CONN. A. Old Series. First National. 
 
 L. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 Butt of gun in vignette of counterfeit touches border of 
 note; also in vignette on left of note, counterfeit bears 1715; 
 genuine, 1775.
 
 178 HOW TO PROCEED. 
 
 UTICA, N. Y. B. Old Series. City National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 No such bank ever existed. 
 
 UTICA, N..Y. B. Old Series. Oneida National. 
 
 I* E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 Counterfeit notes bear name of L,. E. Chittenden; genuine, 
 S. B. Colby. 
 
 FIFTIES. 
 
 BUFFALO, N. Y. A. Old Series. Third National. 
 
 L. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 Counterfeits bear name of L,. E. Chittenden, Register; gen- 
 uine, S. B. Colby. 
 
 NEW YORK, N. Y. A Old Series. Central National. 
 
 L- E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 Only genuine charter number is 376. If notes bear L,. E. 
 Chittenden's name as Register and also these words, "Printed 
 at the Bureau of Engraving and Printing, U. S. Treasury De- 
 partment," in upper left hand corner, they are counterfeit. 
 NEW YORK, N. Y. A. C. Old Series. Mechanics' National 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 This note was altered from another counterfeit note on 
 Tradesmens' National Bank of New York City, and bears the 
 charter number of that bank, 905. All genuine notes on this 
 bank bear the number 1250. Very few of these notes out. 
 
 NEW YORK. N. Y. A. Old Series. Metropolitan National 
 
 S. B. Colby, Register. F. E- Spinner, Treasurer. 
 
 Another note same as last, bearing the charter number 905. 
 The genuine number of this bank is 1121. 
 
 NEW YORK, N. Y. A. C Old Series. Nat. Bank of Commerce. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 A note altered from a counterfeit on National Broadway
 
 COUNTERFEITING. 1 79 
 
 Bank, New York City, bearing the date of that bank, Jan. 10, 
 1865. Proper charter number of this bank is 733; all others 
 are counterfeit. 
 
 NEW YORK, N. Y. A. C. Old Series. National Broadway. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 Two flourishes appear in the genuine note that are omitted 
 in the counterfeit ; one above and one below the words with 
 the, in the line "Deposited with the U. S. Treasurer at Wash- 
 ington." The hand of the vignette of victory is without 
 thumb or fingers in the counterfeit, although they show plain- 
 ly in the genuine. 
 
 NEW YORK, N. Y. A. D.~ Old Series. Tradesmen's National 
 
 S. B. Colby, Register. F. E Spinner, Treasurer. 
 
 The bandage does not cover the eyes of Justice in the 
 counterfeit as it does in the genuine ; and other defects, same 
 as National Broadway. 
 
 NEW YORK, N. Y. A.-Old Series. Union National. 
 
 L. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 Counterfeit notes bear the name of L,. E. Chittenden, Reg- 
 ister, and the date April 15, 1864; genuine have S. B. Colby's 
 name and July 20, 1865. 
 
 ONE HUNDREDS. 
 
 BALTIMORE, MD. A,~ Old Series. National Exchange. 
 
 S. B. Colby, Register. F. . Spinner. Treasurer. 
 
 The distance between the edge of the wing of Liberty and 
 the shading of the letter C, in upper right hand corner of note, 
 is nearly twice as great in the genuine as in the counterfeit, 
 the proper distance being about ,' 6 inch. In the vignette in 
 the counterfeit the water drops from only one side of the oar: 
 in the genuine, from both sides. The wing of the figure of
 
 180 .HOW TO PROCEED. 
 
 Liberty is much nearer the base of the check letter A in the 
 counterfeit than in the genuine. 
 
 BOSTON, MASS. A. Old Series. First National. 
 
 L. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 Same defect in water dropping from oar as above; also the 
 crossing of the letter T is omitted in the word maintain, at 
 right end of counterfeit note. 
 
 BOSTON, MASS. A- Old Series. National Revere. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 Samuel H. Walley, Pres't; H. Blasdale, Cashier. Descrip- 
 tion same as National Exchange of Baltimore. 
 
 CINCINNATI, OHIO. A.- Old Series. Ohio National. 
 
 L. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 Same description as First National, of Boston, above. 
 
 NEW BEDFORD, MASS. A. Old Series. Merchants' National. 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 Signed by C. R. Tucker, President ; P. C. Howland, Cash- 
 ier. Description same as National Exchange, of Baltimore, 
 above. 
 
 NEW YORK, N. Y. A. Old Series. Central National. 
 
 L. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 H. A. Smyth, Pres't; W. H. Foster, Cashier. Same as 
 First National of Boston, above. 
 
 PITTSBURG, PA. A. Pittsburg Nat. B'k of Commerce. 
 
 John Allison, Register. Series 1875. John C New, Treasurer. 
 
 Perhaps the most dangerous counterfeit in existence. 
 Fibre paper, much like the genuine, is used. The seal and 
 the numbering are very fine. In the counterfeit the face of 
 the sailor in bow of boat resembles a skull. On the counter- 
 feit a line drawn closely under the words, " with the U. S. 
 Treasurer at Washington" and extended, strikes the chin of
 
 COUNTERFEITING. l8l 
 
 the figure of Liberty ; in the genuine it strikes the lower lip. 
 For other defects see description of National Exchange, of 
 Baltimore, above. 
 
 PITTSFIELD. MASS. A. Old Series. Pittsfield National. 
 
 S. B. Colby, Register. F. E. Spinner, Treasurer. 
 
 John V. Barker, Pres't ; E. S. Francis, Cashier. Descrip- 
 tion same as National Exchange, of Baltimore, above. 
 
 WILKESBARRE PA. A. Old Series Second National. 
 
 L. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 Abram Nesbitt, Vice-Pres't ; E. A. Spalding, Cashier. De- 
 scription same as National Exchange, of Baltimore. 
 
 UNITED STATES NOTES. 
 
 The United States Government has a peculiar system of 
 printing and numbering notes, which, if understood and ap- 
 plied, will enable any one to detect about three-fourths of the 
 counterfeits in existence. The notes are printed in sheets of 
 four and afterward cut apart. Each note, on the sheet gets one 
 of the four check letters, A, B, C or D, beginning at the top 
 and going regularly through, thus using all the check letters 
 on each sheet. The check letter is placed in two places on 
 each bill, in the upper and lower corner, diagonally opposite. 
 The system of numbering used in connection with the check 
 letter is quite unique. It is this : Every number which when 
 divided by four leaves a remainder one, is given the check let- 
 ter A. Those which, divided by four, give a remainder two, 
 get the check letter B ; if the remainder be three, the letter C 
 is used; if the quotient is integral, no remainder, then the 
 check letter D is used. 
 
 It can be laid down as an infallible rule that if the number 
 of a United States note be divided by four with a result differ-
 
 1 82 HOW TO PROCEED. 
 
 ent from that stated above it is counterfeit. Observe that this 
 rule only applies to United States notes, not to National Bank 
 notes or silver or gold certificates. 
 
 Of course some of the counterfeit notes are numbered and 
 lettered in accordance with this rule and in that case this 
 method of dividing by four would not show the fraud. 
 
 The following general points will also aid in detecting bad 
 United States bills: The old issue of United States notes con- 
 sisted of four series. They were all signed by L,. E. Chitten- 
 den, Register; F. E. Spinner, Treasurer. The series of 1869 
 were all signed by John Allison, Register; F. E. Spinner, 
 Treasurer. The series of 1875 were all signed by John Alli- 
 son, Register, and by John C. New, A. U. Wyman or Jas. Gil- 
 fillan, as Treasurer. Many counterfeits have been issued on 
 this series from the i's to the 5o's. Only two denominations, 
 the io's and 20's, of the series of 1878 have been counterfeited. 
 Of the series of 1880, the 2's, 5's, io's and 20's have been 
 counterfeited. Gold certificates have not been counterfeited. 
 
 The Government began using fibre paper in 1 869 ; previous 
 to that time all United States notes were printed on plain bank 
 note paper. Nearly all the old series were counterfeited, as 
 there was little difficulty in imitating the paper. This fibre 
 paper is known as the Wilcox patent and consists of a short 
 blue fibre of bluish cast, distributed promiscuously all through 
 the paper. Under the microscope the fibres look like coarse 
 hairs, differing in length and shape, and having no systematic 
 arrangement whatever. Later on, in 1878, another patent pa- 
 per was adopted, known as the Crane patent. If consisted of 
 two silk threads running lengthwise through the note. 
 
 With these general remarks, and the following particular 
 descriptions, we believe any one with ordinary observation and 
 a little study can detect any counterfeit United States note in 
 existence.
 
 COUNTERFEITING. 1 83 
 
 COUNTERFEIT UNITED STATES NOTES. 
 
 Act July 11, 1862. I'8. B. C. D. Dated Aug. 1, 1862.' 
 
 L. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 A bad counterfeit. Lathe-work, colors and number of note 
 all poor. Portrait of Chase miserably engraved and the small 
 ones in border badly blurred. 
 
 Act March 3, 1863. I's. D. Series of 1875. 
 
 John Aujson, Register. A. U. Wyman, Treasurer. 
 
 A novice would reject this note. Several words mis-spelled 
 in panel of back. Portrait of Washington bad. Looks like a 
 wood-cut. 
 
 Act March 3, 1862. 2's. B. C. D. Dated Aug. 1, 1862. 
 
 L. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 Hamilton's head poorly engraved and engraving very bad 
 all through. Imprint of Bank Note Company, on margin of 
 back, imperfect. 
 
 Act March 3, 1863. 2's D. Series of 1875. 
 
 John Aiaison, Register. A. U. Wyman, Treasurer. 
 
 So bad that it needs no description. Badly blurred and 
 faded. 
 
 Act March 3, 1863. 2's. D. Series of 1880. 
 
 *B. K. Bruce, Register. A. U. Wyman, Treasurer. 
 
 A slight examination would result in the rejection of this 
 note. It is coarse and scratchy and full of errors, especially ho 
 spelling. Portrait of Jefferson has but one eye and the name 
 is spelled Jeffrson. 
 
 Act Feb. 25, 1862. 5's. A. Series 90. Dated March 10, t86*. 
 
 L. E. Chittenden, Register. . F. E. Spinner. Treasurer. 
 
 Numbering is poor and lathe-work indistinct, especially 
 around "5," in upper right hand corner, where it can not be
 
 1 84 HOW TO PROCEED. 
 
 traced. Statue of Liberty and head of Hamilton coarsely en 
 graved. 
 
 Act Feb. 25, 1862. 5'S. A. Series 114. Dated March 10, 1S63. 
 
 L. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 All counterfeits of this issue are dated March io, 1863, 
 while the genuine are dated March 10, 1862. 
 
 Act March 3, 1863. 5's. A. D. Series 70&77. Dated Mar. 10, 1863. 
 
 L. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 Statue of Liberty coarse; head of Hamilton good. Lathe- 
 work around figure "5" can not be traced. 
 
 Act March 3, 1863. 5'S C. Series of 1875. 
 
 John Allison, Register. A. U. Wyman, Treasurer. 
 
 A very fine counterfeit, which would easily deceive any 
 one, except an expert. Genuine notes are printed on fibre pa- 
 per; counterfeit on plain paper, but an attempt has been made 
 to imitate the fibres by printing fine lines in the left panel of 
 the back. Jackson's portrait is rather coarsely engraved, and 
 the shading in some places is bad, especially of fhe words, 
 United States, in title, being scratchy. "Series of 1875," in 
 genuine is enclosed in flourishes, which are omitted in coun- 
 terfeit. 
 
 Act March 3, 1863. 5'S D. Series of ^1875. 
 
 John Allison, Register. A. U. Wyman, Treasurer. 
 
 A fair photographic counterfeit, numbered 68,058,120. 
 Some of the notes are a little short. An attempt has been 
 made to imitate the fibre paper by pasting two very thin sheets 
 together with bits of fibre scattered between them. " Series 
 1875," at right of vignette, is black, should be pink. 
 
 Act March 3, 1863. 5'8 D. Series of 1875. 
 
 John Allison, Register. A. U. Wyman, Treasurer. 
 
 Same photographic process and number as one above.
 
 COUNTERFEITING. 1 85 
 
 The black ground, made by photographing, shows through the 
 pink coloring that has been put on the seal and Treasury num- 
 bers. The genuine bears the figures 1875, in red ink, upper 
 right corner; they are entirely omitted from this counterfeit. 
 
 Act March 3, 1863. 5's A. & D. Series of 1875. 
 
 John Allison, Register. A. U. Wyman, Treasurer. 
 
 A bad photographic counterfeit. Dark and blurred. An- 
 other counterfeit of this same series, with check letter A, also 
 photographic, is so good as to deceive those accustomed to 
 handling money. No attempt has been made to imitate the 
 fibre paper. Seal is poor, looking smeary; numbering good. 
 Engraving, under a glass, looks more like wood-cut than steel. 
 
 Act March 3, 1863. 5's. B. Series of 1880. 
 
 B. K. Bruce, Register. A. U. Wyman, Treasurer. 
 
 A coarse and scratchy counterfeit, full of errors in spelling, 
 Treasury, under Bruce, being spelled Trastay. 
 
 Act Feb. 25, 1S62. 10'S. B. C. 7 NewSeries. Dated Mar. io, 1862. 
 
 L,. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 Liable to deceive. Lathe-work and shading of letters 
 coarse. Green ink little too dark. Eagle not finely engraved, 
 and Lincoln's portrait lacks life and expression. Four green 
 dots can be seen in the genuine, left of figure 1 in 10, in the 
 green medallion counters; only three can be found in the coun- 
 terfeit. 
 
 Act Feb. 25, 1862. 10'S. B. C. Series 19. Dated March 10, 1863. 
 
 h. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 A good imitation, but the Treasury number is bad in color 
 and formation of figures. Lincoln's portrait is poor in work- 
 manship and likeness. Extend the line on upper side of note 
 under Treasury number. On genuine it will strike below the 
 letter N in New Series ; on the counterfeit it will strike about 
 the middle of the letter N.
 
 1 86 HOW TO PROCEED. 
 
 Act Feb. 25, 1862. lO'S.-B. C. 23NewSeries. DatedMar.10,1863. 
 
 L. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 A very fine piece of work and really dangerous. The line 
 under the Treasury number when extended shows the same 
 defect as above. The red figures are a very little smaller than 
 in the genuine and the red is slightly blurred. The scroll 
 work in genuine note reaches to figure 1 in 1862, right of Lin- 
 coln ; in counterfeit it extends to figure 2. 
 
 Act Feb. 25, 1S62. 10'S. B.C.D. 52 Series. Dated Mar. 10, 1862. 
 
 L. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 Very dangerous; has deceived skilled money handlers. 
 The work is so good that the general appearance will pass it 
 almost without hesitation, but there is one infallible guide: On 
 each side of the imprint of the American Bank Note Co. at 
 top, on the genuine are fifteen small x's; on the counterfeit 
 are fifteen x's on the right and sixteen on the left. 
 
 Act March 3, 1863. I0's A.B. CD. 53 New Series. Dated Mar.io, 1863. 
 
 L. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 Another clever and dangerous counterfeit. There are said 
 to be nine different counterfeits on this issue of io's. Great 
 care should be exercised in receiving them. Notice closely 
 the lathe-work surrounding the io's in green medallion. It is 
 slightly blurred in the counterfeit. None but the cleverest ex- 
 pert would detect anything wrong with the engraving of the 
 portrait of Lincoln, with the numbering, or the ink all are 
 good. 
 
 Act March 3, 1863. I0's. C. Series of 1875. 
 
 John Alwson, Register. John C. New, Treasurer. 
 
 Numbering and engraving poor. Lathe-work fair. Imita- 
 tion fibre paper, done by printing lines in the back of note. 
 Notice this line: "This note is alegal tender forten dollars;" 
 no space between a and legal, and for and ten. That is the
 
 COUNTERFEITING. 187 
 
 way it appears on the counterfeit. On back of note, in right 
 panel, this is spelled tnis. A very clever counterfeit. 
 
 Act March 3, 1863. 10's. D. Series of 1878. 
 
 John Allison, Register. A. U. Wyman, Treasurer. 
 
 A poor photographic counterfeit. Numbers printed badly. 
 Webster's portrait bad. Words "Register of Treasury" and 
 "Treasurer of the United States," entirely omitted. 
 
 10'S D. Series of 1880. 
 
 B. K. Bruce, Register. A. U. Wyman, Treasurer. 
 
 A photographic counterfeit by the pen and ink process. 
 General appearance good, but suffers upon close scrutiny. No 
 imprint of the printer at top of note. Also "Series of" over 
 1880, omitted. Also the words "Register of Treasury" and 
 "Treasurer of the United States," omitted. Green ink used is 
 bad and will come off by moistening. Fibre paper imitated 
 by printing lin^s in lengthwise. A large brown spike seal is 
 on the counterfeit. 
 
 Act Feb. 25, 1862. 20'8 B. C. Series 6. Dated March 10, 1862. 
 
 L- E- Chittenden, Register. F. E. Spinner, Treasurer. 
 
 This counterfeit will readily deceive. The Treasury num- 
 bers on the counterfeit are too large. Lathe-work bad and im- 
 print of Bank Note Co. imperfect and irregular. The small 
 dots across top and bottom of big green figure 20 are very in- 
 distinct in counterfeit. 
 
 Act Feb. 25, 1862. 20'8. A.B.C.D. New Series 7. Dated Mar. 10, 1862. 
 L. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 Bad. Can not trace lines of lathe-work. Engraving coarse. 
 Ink bad. Otherwise same as Series 6, above. 
 
 Act Feb. 25, 1862. 20'S. A. B.C. Series 24. Dated Mar. 10, 1862. 
 
 L. E. Chittenden, Register. F. E- Spinner, Treasurer. 
 
 Better than the last, but not good. Lines of lathe-work in
 
 1 88 HOW TO PROCEED. 
 
 counters can not be traced. Letters of imprint irregular and 
 crooked. Other description same as Series 6. 
 
 Act March 3, 1863. 20's. A. Series 15. Dated March 10, 1862. 
 
 L. E- Chittenden, Register. F. E. Spinfer, Treasurer. 
 
 Fair lathe-work and engraving. See Series 6, above. 
 
 Act March 3, 1863. 20's. A. New Series. Dated Mar. 10, 1863. 
 
 L. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 Bad and should not deceive any one. Lathe-work, print- 
 ing, numbers, ink and engraving all bad. Same otherwise as 
 Series 6. 
 
 Act March 3, 1863. 20's. A. New Series 19. Dated Mar. 10, 1863. 
 
 L. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 Very poor. Same as Series 6. 
 
 Act March 3, 1863. 20's. A. B. C. D. Series of 1875. 
 
 John Allison, Register. John C New, Treasurer. 
 
 Good at first sight, but full of errors on close inspection. 
 Hamilton's portrait splendid, but the back ground has been 
 shaded with a brush. Imitation of fibre paper done by past- 
 ing tissue paper over right panel of back, covering some 
 fibrous material. Moistening removes the ink. 
 
 Act March 3, 1863. 20's. B. Series of 1875. 
 
 John Allison, Register. James Gilfillan, Treasurer. 
 
 Photographic and pen and ink process, producing a splen- 
 did and dangerous counterfeit, signed James Gilfillan, Treas- 
 urer. This is an infallible key to this note, as no genuine 
 notes of this denomination and series were signed by Gilfillan. 
 
 Act March 3, 1863. 20's A. B. C. D. Series of 1878. 
 
 John Allison, Register. James Gilfillan, Treasurer. 
 
 Pen and ink work, much like the one above. James Gil- 
 fillan, however, signed genuine notes of this denomination 
 and series. At the top of the genuine note, directly under the
 
 COUNTERFEITING. 1 89 
 
 words "Legal Tender for Twenty Dollars," is the imprint 
 "Engraved and Printed in the Bureau of Engraving and 
 Printing." This last line is entirely omitted in the counterfeit. 
 
 Act March 3, 1863. 20'8. A. B. C. D. Series of 1880. 
 
 B. K. Bruce, Register. A. U. Wyman, Treasurer. 
 
 A fine counterfeit, described same as last. 
 
 Act Feb. 25. 1862. 50'S C. Dated March io, [862. 
 
 L. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 Very poor. Lathe-work, numbers and engraving all bad. 
 
 Act March 3, 1863. 50's. A.B.C.D. 1 NewSeries. Dated Mar. 10, 1863. 
 
 L. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 Not good. Hamilton badly engraved. Proper distance be- 
 tween signature of Chittenden and Spinner is i$4 inch; in 
 this counterfeit it is only \yi inch. 
 
 Act March 3, 1863. 50's A. C. D. New Series 1. 
 
 Pat. June 30, 1857. Dated March 10, 1S63. 
 
 L. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 A . splendid counterfeit and very dangerous. Hamilton 
 inely engraved, equal to genuine. Buttons on Hamilton's 
 
 )at in counterfeit can scarcely be seen. In the large figures 
 So the white lines cross the lower portion of the figure o; in 
 
 le counterfeit they do not. 
 
 Let March 3, 1863. 50's. A. C. D. New Series 2. 
 
 >at. April 28, 1868. Dated March 10, 1863. 
 
 L,. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 An exceedingly fine and dangerous counterfeit, splendidly 
 engraved and numbered. Octagonal shapes surround the 
 small 50's on border of back ; they are circles on counterfeit. 
 At lower left end a mistake was made by omitting the o from 
 one number and running it in with the next, enclosing both in 
 one circle, and making it read 550. New Series 1 applies to 
 this.
 
 190 HOW TO PROCEED. 
 
 Act March 3, 1863. 50's. B. Series of 1S69. 
 
 John Allison, Register. F. E. Spinner, Treasurer. 
 
 Very fair work. Genuine on fibre paper ; counterfeit on 
 
 SERIES OF SERIES OF 
 
 plain. Genuine have this: / ^- counterfeit this: xQA * 
 r 1869; ' 1869; 
 
 the flourish omitted. 
 
 Act March 3, 1S63. 50's D. Series of 1875. 
 
 Photographic, pen and ink process. Moisture removes ink 
 and insures detection. Otherwise fair. 
 
 Act Feb. 25, 1862. lOO'S B. C. Dated March 10, 1862. 
 
 L. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 Feathers of eagle's tail indistinct and eagle coarsely en- 
 graved. Figures 100, on back, right of circle, are reversed, 
 thus 001. Few genuine notes of this denomination and series 
 now out. 
 
 Act March 3, 1863. 500's B. C. Series of 1869. 
 
 John Allison, Register. F. E. Spinner, Treasurer. 
 
 A wonderfully perfect and dangerous counterfeit, one 0/ 
 the finest ever issued All the work is good. Lobe of Adams' 
 ear is indistinct. Button on the coat near lapel is square, 
 should be round. Star at right of Treasury number is slightly 
 blurred. This note is printed on fibre paper, apparently gen- 
 uine. Left foot of Liberty, as it extends from garment has a 
 clubbed appearance. 
 
 1,000's . A. B. D. 
 
 Act March 3, 1863. Dated Mar. 10, '62 & Mar. 10, '63. 
 
 L. E. Chittenden, Register. F. E. Spinner, Treasurer. 
 
 This is a very dangerous counterfeit, and it is not probable 
 that a genuine note of this series and denomination will be 
 presented to one of our readers in a life time, for very few gen- 
 uine notes are out. Bankers should examine these notes with 
 great care before accepting them. The United States Treas-
 
 COUNTERFEITING. 191 
 
 ury Department prepared the following description of this 
 counterfeit soon after it appeared: 
 
 "General appearance very good and work well executed; 
 paper made greasy to make it appear genuine. In the centre 
 of the bill the vignette of Robert Morris, though well formed, 
 looks as if pock-marked, and white of eyes like pin-holes; eye- 
 brows irregular; nose as if pinched, and the shadow on its 
 left, near the point, seems a part of that organ ; while the orig- 
 inal has a bright, intelligent face, and nose straight and clearly 
 defined. Large words 'United States' rather dark, especially 
 the shading; lathe-work in die and that in the border well 
 done, but not as clear and plain as in the original; all the let- 
 tering in the bill shows the ink plainly, as if India ink. This 
 may also be said of the signatures, looking as if stamped that 
 of Spinner being a plain imitation; that of Chittenden has a 
 striking defect, its termination forming a serpent's head; the 
 seal is not perfectly round. The back of the bill shows no 
 prominent defects, only a general dingy appearance." 
 
 A very dangerous counterfeit. Engraving nearly equal to 
 the genuine. A singular mistake was made in the genuine is- 
 sue under this act, which the counterfeiters copied, that of 
 dating the notes March 10, 1862, instead of 1863; this error 
 was corrected in a subsequent issue of the genuine. 
 
 On the face of the counterfeit, the lathe-work in the border 
 and on the corner of the note is much inferior to the genuine. 
 
 On left end of face of the note, in border, the words " Act 
 of March 3, 1863," are much coarser than in genuine. 
 
 The circles of 1 ,ooo that surround the portrait of Morris are 
 much more irregular on the counterfeit than on the genuine. 
 
 On the counterfeit the face of Morris is more front view. 
 On genuine the eyes cast more to the left. 
 
 The imprint "American Bank Note Co.," on right end of 
 border, is much narrower than on the genuine.
 
 192 HOW TO PROCEED. 
 
 On back of note the four points at each end of note are 
 much more pointed than on genuine. 
 
 These differences were all noted by comparison with a gen- 
 uine note of same date and check letter. 
 
 COUNTERFEIT SILVER CERTIFICATES. 
 
 Act Aug. 4, 1886. I's D. Series of 1886. 
 
 W. S. Rosecrans, Register. James M. Hyatt, Treasurer. 
 
 Bust of Martha Washington has a blurred and scratchy ap- 
 pearance. The fine parallel lines that bear the Treasury num- 
 bers are too coarse and not exactly parallel. The note is 
 shorter than the genuine and has no parallel silk threads. 
 "Treasurer of the United States" is bacUy printed and ir- 
 regular. 
 
 2's. 
 
 This counterfeit has no resemblance to any Government 
 issue of silver certificates. It is a bold blnff. On the right 
 end of face of note, is a spread eagle, and on the left end, two 
 Indians, one standing, the other kneeling. The back is 
 square, and green, the word Silver running through the centre 
 in large white letters. This counterfeit is so bad in every re- 
 spect that there is no excuse for any one to be deceived by it. 
 
 Act Aug. 4, 1886. 5'S. A. Series of 1886. 
 
 W. S. Rosecrans, Register. James W. Hyatt, Treasurer. 
 
 Good appearance; color and seal very fair. The notch of 
 the key in the seal should have a T shape, while in counterfeit 
 it is a straight line. Grant's portrait looks soiled and scratchy, 
 with two white patches on lower lip. Paper too light and no 
 parallel silk threads. Note also too short. 
 
 Act Aug. 4. 1886. 5'S. D. Series of 18S6. 
 
 W. S. Rosecrans, Register. James W. Hyatt, Treasurer.
 
 COUNTERFEITING. 1 93 
 
 A well executed counterfeit and rather dangerous, num- 
 bers and seal being splendidly colored. Grant's portrait is not 
 good, lacking expression and having a coarse, scratchy appear- 
 ance. Bad shading on the left side of face and white patches 
 on right side. Stud in shirt front is missing. The enclosing 
 etched lines are much deeper and more clean cut in the gen- 
 uine, making a darker back ground and giving the portrait a 
 much more life like expression. The words " Register of the 
 Treasury," are badly printed and irregular. The face of the 
 counterfeit has a much lighter appearance than the genuine. 
 Back of note, figure 6 in 1886, is bad, looking something like 
 o. The dark green lines around the medallion to represent' 
 milling are scarcely visible in the counterfeit, while in the 
 genuine they are clear and make the coin stand out in relief. 
 
 Act Feb. 28, 1878. 10's D. Series of 1880. 
 
 G. W. Scofield, Register. Jas. Gilfillan, Treasurer. 
 
 A photographic pen and ink process counterfeit, on poor, 
 thin paper, which ought not to be dangerous. The Crane's 
 patent paper used in the genuine is badly imitated by two par- 
 allel lines drawn across the note. Moisture removes the ink 
 and is a sure guide to the fraudulent character of the note. 
 This counterfeit is " Payable at Washington, D. C, No. 
 1,650,916." 
 
 Act Feb. 28, 1878. I0'S D. Series of 1880. 
 
 G. W. Scofield Register. Jas. Gilfillan, Treasurer. 
 
 Another photographic pen and ink counterfeit, payable at 
 Washington, D. C, No. B. 109,016. Note is a little too short 
 and moisture removes ink. The photographic black also 
 shows through the pink coloring that has been put on by 
 hand. 
 
 Act Feb. 28. 1878. I0'S D. Series of 1880. 
 
 G. W. Scofield, Register. Jas. Gilfillan, Treasurer. 
 
 *3
 
 194 HOW TO PROCEED. 
 
 Very bad counterfeit; % inch shorter than genuine. Lathe- 
 v ork poor. Paper is made of two thin layers of tissue with 
 the silk parallel threads placed between them to imitate the 
 Crane's patent of the genuine. On the back, the word all is 
 omitted from "And all public dues," and "whenso received," 
 is printed thus, without space between when and so. Treasury 
 numbers uneven. 
 
 Act March 31, 1878. 10'S. C Series of 1880.' 
 
 B. K. BRUCE, Register. A. U. Wyman, Treasurer. 
 
 A poorly executed photographic pen and ink counterfeit, 
 with the words, "Register of the Treasury" and " Treasurer 
 of the United States" left out. Paper thin and poor, and of a 
 yellowish tint. No attempt to imitate fibre paper. Robert 
 Morris's portrait is badly engraved and his name is omitted 
 from beneath. Shading is poorly done with India ink. 
 
 Act Feb. 28, 1878. 20'8. B. Series of 1880. 
 
 G. W. Scofield, Register. Jas. Gilfiu.an, Treasurer. 
 
 A rather poor photographic pen and ink counterfeit, on 
 cheap, thin paper, payable at Washington, D. C, No. B. 
 675,114. The description of the second one above, io's D, 
 will also answer for this. 
 
 There is another counterfeit of this same series, B. K. 
 Bruce, Register; Jas Gilfillan, Treasurer. Register is mis- 
 spelled, thus: Register, and "Treasury" is indistinct. "Treas- 
 urer," under Gilfillan's name, is spelled Tnwsurer, and the let- 
 ters of "United States" are very badly made. In the imprint 
 on back, "Engraved" is spelled engraved, and mis-spelled 
 words occur which can easily be picked out by a little study. 
 
 Act Feb. 28. 1878. 20'8 C Series of 1880. 
 
 G. W. SCOFIELD, Register. Jas. Gilfillan, Treasurer. 
 
 A bad counterfeit, photographic pen and ink process, de- 
 scribed same as io's D above, top of page.
 
 COUNTERFEITING. 195 
 
 Act Feb. 28, 1878. 20'8. C Series of 1880. 
 
 B. K. Bruce, Register. Jas. GilfiIvLAN, Treasurer. 
 
 A fair counterfeit, on thick, greasy and stiff paper, one- 
 eighth inch shorter than genuine and without any attempt to 
 imitate the fibre paper. In the word certificate, in left panel, 
 the letters R, T and F are printed up side down. The periods 
 after the initials of Bruce's name are omitted, thus : B K 
 Bruce. Taxes on back is spelled tares and engraved is spelled 
 engraved. Proper color for the seal is brown or nearly so, 
 this is brick red. Only, two sets of treasury numbers have 
 been seen on these counterfeits, Bi,46yx and Bi,487,4i5x. 
 
 20's. D. 
 
 G. W. Scofield, Register. Jas. GiiyFiiXAN, Treasurer. 
 
 Not a dangerous counterfeit ; general appearance bad ; pa- 
 per thin and poor; no silk thread running lengthwise and no 
 series given. Ink lacks brilliancy and lustre. Upper half of 
 back very blue looks like it had been wet and coloring had 
 run. Lower half yellowish white. 
 
 I'S D. Series of 1886. 
 
 W. S. Rosecrans, Register. James W. Hyatt, Treasurer. 
 
 A fair and rather dangerous counterfeit. The check letter 
 is D1768. A defect is noticeable in the left eye of Martha 
 Washington, otherwise the portrait is fair. The lines around 
 the portrait are not clean cut and lack distinctness. The num- 
 bering is not good, the ink, upon comparison with the gen- 
 uine being quite a different blue. Lathe-work almost equal to 
 the genuine. Imprint of Bureau of Engraving and Printing 
 is bad. The back of the certificate is an inferior piece of work 
 all through. No attempt to imitate the silk threads. 
 
 5'S D. Series of 1886 
 
 W. S. Rosecrans, Register. Jas. W. Hyatt, Treasurer. 
 
 A dangerous counterfeit. Check letter D2017. Grant's
 
 196 HOW TO PROCEED. 
 
 portrait is coarse and scratchy and lacks life ana expression. 
 Lathe-work in most parts is well done, but the shading to the 
 letters is not good. In the key of the small round seal is a 
 perfectly formed letter I, which the genuine does not have. 
 The imprint is bad, and also the words Register and Treasurer 
 under the names of Rosecrans and Hyatt are bad. Number- 
 ing good and ink a good' imitation of the blue genuine. This 
 counterfeit and the last above are produced by the photo-elec- 
 tro process and printed from glass plates. The paper used is 
 poor, being stiff and coarse, and no attempt to imitate fibre 
 paper used in genuine. 
 
 COUNTERFEITING COIN. 
 
 There are two principal ways of counterfeiting coin, with a 
 mold and with a die. The most dangerous counterfeit coins 
 are struck with a die. They are always more clean-cut in ap- 
 pearance, the lettering and milling are usually good, and the 
 ring is much better than when made in a mold. Counterfeits 
 of gold coin are generally made from a die. They are some- 
 times so nearly perfect in appearance that an expert could not 
 detect one by sight. The reeding is generally the most defec- 
 tive part. By reeding is meant the raised edge like a little 
 moulding running around the coin. By milling is meant the 
 indented edge of the coin. Pennies and 5 cent nickels have 
 no milling. All coins are reeded. 
 
 The principal way of detecting these counterfeits of gold 
 coins is by their weight. However perfect they may be in 
 other respects they are nearly always light in weight, and if 
 the weight is right or nearly so they will be found upon meas- 
 urement too large, generally a little thicker, but so slight as 
 not to be observable unless a person had a genuine coin to 
 compare them with or an accurate measuring instrument.
 
 COUNTERFEITING. 197 
 
 Most counterfeit silver coins are made from molds, as it is a 
 much cheaper process. They nearly always lack weight and 
 will not bear close inspection, the milling, reeding and general 
 appearance usually being bad. 
 
 Counterfeiters of coin use a number of different metals for 
 their nefarious purposes. The principal are platinum, brass, 
 copper, silver, zinc, lead, antimony, aluminum, type metal and 
 compositions of these. Platinum is a very heavy metal and 
 hence makes a very dangerous counterfeit. The weight can 
 be gotten correct and then if the gold plating is nicely done it 
 is a difficult counterfeit to detect. Some platinum counter- 
 feits have been found over-weight. When the plating wears 
 off from use, which it will soon do on the edges, the metal be- 
 neath shows through and the fraud is plain. The most dan- 
 gerous composition for counterfeiting gold coin is gold, silver 
 and copper. This makes a low grade gold and will not stand 
 the acid test. The U. S. standard is 900 fine or pure gold, 
 ,o alloy ; these counterfeits run from 400 to 800 fine. 
 
 A very fine and dangerous counterfeit of the silver dollar is 
 made from antimony and lead. They have a splendid ring, 
 fine appearance, are heavily silver-plated and fall but a little 
 below the standard in weight. They are well calculated to de- 
 ceive. Most counterfeit silver coins are made from type 
 metal, lead, zinc, etc., and are much below the required weight, 
 unless they are largely increased in thickness. 
 
 A common practice of rogues now is to abstract in some 
 way the metal from a genuine coin. This is mostly confined 
 to the larger gold coins and the processes are known as sweat- 
 ing, plugging and filling. . 
 
 Sweating is removing a portion of the gold from the sur- 
 face. This was originally done by placing a quantity of the 
 coins in a bag together and shaking them until the friction 
 would abrade a portion of each in the form of fine dust. A
 
 198 HOW TO PROCEED. 
 
 common method now is the acid bath. The edges are some- 
 times filed, too, in the milling, the quantity of dust obtained 
 in this way from a large number of coins being considerable. 
 The coin is reduced on the average by these processes from 2 o 
 to J. 
 
 Plugging is done by boring a hole in the coin and filling 
 the place with some base metal. The place is then covered 
 with gold, the reeding restored (it is generally near the edge) 
 and the coin passes current, probably, till the plating wears off 
 the plug. 
 
 Filling is usually done by splitting or sawing the coin 
 through into two thin pieces, removing the entire interior of 
 the coin, the sides being left sometimes as thin as paper, filling 
 the empty inside with some base metal, joining the pieces to- 
 gether again, restoring the milling and it looks as good as ever. 
 If the filling is done with platinum the weight is the same as 
 the genuine. Coins by this process lose 5 of their value, if it is 
 cleverly done. 
 
 TO DETECT COUNTERFEIT COIN. 
 
 There are different ways of detecting counterfeit coin. The 
 most important points to be observed are the impress, size, 
 weight, ring, and general appearance. It may be laid down as 
 an almost infallible rule that if the three points are taken, 
 weight, diameter and thickness, it will be impossible for any 
 counterfeiter to comply with all these tests without using gen- 
 uine metal. 
 
 Any one who handles much coin, then, should supply him- 
 self with a small, but accurate and delicately balanced pair of 
 scales and a little instrument for measuring diameter and 
 thickness. These little instruments have been made with 
 great accuracy, having slots of exactly the proper size for the 
 principal coins. It is necessary then to know the exact proper 
 weight of each denomination which follows:
 
 \ 
 
 COUNTERFEITING. 
 
 199 
 
 GENUINE GOLD COINS. 
 
 Double Eagle $20. Weight 516 grains, 900 fine, 21.19 
 carats. 
 
 Eagle $10. Weight 258 grains, 900 fine, 21.19 carats. 
 
 Half Eagle $5. Weight 129 grains, 900 fine, 21.19 carats. 
 
 Quarter Eagle %2 l / 2 . Weight 64.5 grains, 900 fine, 21.19 
 carats. 
 
 Dollar. Weight 25.8 grains, 900 fine, 21.19 carats. 
 
 GENUINE SILVER COINS. 
 
 Denominations. 
 
 Coinage 
 
 com- 
 menced. 
 
 Coinage 
 ceased. 
 
 Standard 
 Weight, 
 grains. 
 
 Amount for which 
 a Legal Tender. 
 
 Standard Dollars, 
 Dollars, 
 Half Dollars, 
 Quarter Dollars, 
 Twenty Cents, 
 Dimes, 
 Half Dimes, 
 Three Cents, 
 
 1878 
 1793 
 1793 
 1796 
 1875 
 1796 
 1793 
 1851 
 
 i873 
 
 1878 
 
 1873 
 1873 
 
 412.5 
 412.5 
 192.9 
 96.45 
 77.16 
 38.58 
 19.29 
 11.52 
 
 Unlimited. 
 Unlimited. 
 Ten Dollars. 
 Ten Dollars. 
 Five Dollars. 
 Ten Dollars. 
 Five Dollars. 
 Five Dollars. 
 
 The trade dollar weighed 420 grains. It was not a legal 
 tender. They have now been called in and redeemed. 
 
 MINOR COINS OF THE UNITED STATES. 
 
 Denominations. 
 
 Coinage : Coinage 
 com- ceased, 
 
 menced. 
 
 Standard 
 Weight, 
 grains. 
 
 Amount for which 
 a Legal Tender. 
 
 Deviation 
 allowed in 
 Coinage, 
 in grains. 
 
 Five Cents, 
 Three Cents, 
 Two Cents, 
 Cents, 
 Half Cents, 
 
 1866 
 1865 
 1864 
 1793 
 1793 
 
 1857 
 
 77.16 
 80. 
 
 48. 
 
 Twenty-five Cents. ; 
 Twenty-five Cents, j 
 Twenty-five Cents. I 
 Twenty-five Cents. 
 Not a legal tender. 
 
 With these weights and an instrument for measuring the. 
 diameter and thickness of coins no one need ever be imposed 
 upon. But if it is desired to carry the test still further we give
 
 200 HOW TO PROCEED, 
 
 the acid test used at the United States Mint. This in itself 
 will detect almost any counterfeit in existence. 
 
 U. S. MINT TEST FOR GOLD AND SILVER. 
 In using this acid test always apply it as near the edge as 
 possible, as the coin is more worn there. If the coin is new 
 and not worn at all always scrape it a little before using, and 
 always do this with heavily plated coins. If the coin is gen- 
 uine the acid will have no effect upon it ; if it is counterfeit the 
 color will change instantly. Be careful in handling the acid 
 not to get any of it on the hands. 
 
 TEST FOR GOLD. 
 
 Strong Nitric Acid, 6% drachms; Muriatic Acid, % drachm, 
 or 15 drops; Water, 5 drachms. 
 
 TEST FOR SILVER. 
 
 24 grains Nitrate of Silver; 30 drops Nitric Acid; 1 ounce 
 Water. 
 
 This acid test alone will be sufficient in ninety-nine cases 
 out of a hundred to detect the presence of base metal, and 
 taken in connection with the weight and measurement of di- 
 ameter and thickness becomes absolutely infallible. 
 
 COUNTERFEIT CANADIAN NOTES. 
 
 i's D. Dominion of Canada. This counterfeit is dated 
 Ottawa, July 1, 1870, and made payable at Toronto. A white 
 streak extends from the ear to the chin of the portrait of 
 Jacqus Cartier, and the portrait is otherwise bad. Lathe-work 
 around 1 on right of note is not good, lines can not be traced. 
 
 i's A. Dominion of Canada. New Issue. A bad coun- 
 terfeit that should not deceive any one, looking like a rather 
 coarse wood-cut. 
 
 i's. Union Bank of P. E. Island, Charlottetown, P. E. I. 
 A bad photographic counterfeit, dated 1st of Jam, 1872, and
 
 ' COUNTERFEITING. SOI 
 
 numbered 30,252. The printing is bad and the whole thing 
 looks blurred. 
 
 2's C. Dominion of Canada. New Issue. This counter- 
 feit is dated June 1st, 1878, and payable at Toronto. A rather 
 dangerous counterfeit. Following defects will identify it: 
 Lord Dufferin's portrait is coarsely engraved and has bad ex- 
 pression. The i's in the imprint, British American Bank Note 
 Co., are not dotted. Ink in numbers is brick red instead of 
 bright carmine as in genuine. 
 
 2's B. Dominion of Canada. This is a dangerous coun- 
 terfeit note on Dominion of Canada, payable at Montreal. It is 
 well engraved, the portrait of Lord Dufferin being almost equal 
 to the genuine. The paper is a light yellowish cast, which is 
 the best key to this counterfeit. In words, " For Minister of 
 Finance," the final e is a little larger than the other letters. 
 Notes of this issue should be scrutinized very closely. 
 
 2's A. Union Bank of P. E. Island, Charlottetown, P. E. 
 I. A bad photographic counterfeit, dated 1st of Jan., 1872. 
 Its brownish color renders it easy of detection. Ink on face 
 of note is very poor. 
 
 2's A. Same bank as last.- This is a very imperfect coun- 
 terfeit of the new issue, dated March 1, 1875. It is too short 
 and is very coarsely engraved, looking like a wood-cut. The 
 imprint of the British American Bank Note Co. is omitted en- 
 tirely from the lower border of the note. Lathe-work is very 
 bad. 
 
 2's. Bank of Toronto. This is an altered note of the In- 
 ternational Bank of Canada, Toronto, which is dead. The 
 title, "Bank of Toronto," has been rather skillfully pasted 
 over the title of the defunct bank, and on some of the notes 
 seen, the signatures of the officers of the failed bank have 
 been erased and the signatures of the officers of the solvent 
 bank written in. The date is Sept. 15, 1858, the same date of
 
 202 HOW TO PROCEED. 
 
 the notes of the failed bank. The alteration can easily be seen 
 by holding the note up to the light. To obviate this a strip of 
 paper is sometimes pasted over the back of the note as though 
 to mend it. . 
 
 4's B. The Dominion Bank, Toronto, Ont. This counter- 
 feit is one of the old issue and is dated Feb. i, 1871. The 
 cashier's signature has been engraved on the note, whereas it is 
 written on the genuine. A white line separates the portrait of 
 Prince Arthur from the back ground work at the top, which 
 does not appear in the genuine. 
 
 4's C. Bank of British North America, St. John, N. B A 
 bad photographic counterfeit, No. 74,981. 
 
 4's. City Bank, Montreal, P. Q. This is a very bad coun- 
 terfeit, redeemable in Montreal; paper thin and poor; ink bad; 
 lathe-work imperfect; bank out of existence. 
 
 4's. Bank of Upper Canada, Toronto, Ont. A clever al- 
 teration from the notes of the failed Bank of Western Canada, 
 Clifton. Western and. Clifton are erased and Upper and 
 Toronto substituted. Done with acid and by pasting. 
 
 5's C. Canadian Bank of Commerce, Toronto, Ont. A 
 bad counterfeit of the old issue, dated May 1, 1871. Portrait 
 and other parts coarsely engraved. Cashier's signature is en- 
 graved on counterfeit ; written on genuine. 
 
 5's A. Bank of British North America, Quebec. A bad 
 photographic counterfeit of the old issue, dated Nov. 22, 1871. 
 The printing and ink are bad. The notes as far as seen are 
 numbered 44,490. 
 
 5's. Bank of British North America, Kingston, Ont. A 
 very clever and quite dangerous counterfeit that had an exten- 
 sive circulation. It is of the old issue, dated May the 1st, 1875. 
 Not many genuine notes of this issue are in existence and the 
 numbers are a pretty good guide. The genuine notes are all 
 numbered from 30,001 to 36,000 inclusive. Most counterfeits
 
 COUNTERFEITING. 203 
 
 bear other numbers. The shading is entirely omitted from 
 the scroll-work in the border of the conterfeit ; in the gen- 
 uine it is fine and clear. 
 
 5's D. Bank of British North America, Montreal, P. Q. 
 A fair counterfeit of the old issue. Genuine notes are dated 
 3d of July, 1877; on counterfeit the month date is entirely 
 omitted. The vignettes are badly engraved, as also the im- 
 print of British American Bank Note Co., in border, upper left. 
 
 Another counterfeit of this same issue is out, under date of 
 5th of July, 1877. It is evidently made from the same plate 
 as the other, as they are exactly alike in all other respects. 
 
 5's. Bank of Montreal. A counterfeit of the old issue, 
 dated 1858, Sept. 1. Not very dangerous. Large panel in 
 center bears the words Twenty -Jive Shillings, Cy., and Five 
 Dollars in lower left of note. Date of issue and numbers are 
 in blue ink. Two vignettes in upper right and upper left. 
 Quebec is spelled Quebeck in three places in blue ink. 
 
 5's E. Bank of Toronto, Toronto, Ont. A very bad and 
 easily detected photographic counterfeit of the Port Hope is- 
 sue; signed .Win. Gooderham, President. 
 
 The Peterboro issue has a similar counterfeit. 
 
 5's A. Union Bank of P. E. Island, Charlottetown, P. E. 
 I. A badly faded and very defective photographic counterfeit 
 that ought not deceive any one. 
 
 5's B. Bank of Novia Scotia, Halifax, N. S. Another 
 poor photographic, pen and ink note, dated Halifax, N. S., 
 July 5, 1887. It is numbered 126,304. 
 
 5's B. Maritime Bank of St. Johns, N. B. A very bad 
 counterfeit. This bank has failed, and all notes upon it should 
 be promptly refused. 
 
 io's. Bank of British North America, Ottawa, Ont. A 
 bad photographic counterfeit No. 16,279. This note will de- 
 ceive no one; general appearance, ink and all bad.
 
 204 HOW TO PROCEED. 
 
 io's D. Canadian Bank of Commerce, Toronto, Ont. Very 
 dangerous, has deceived those accustomed to handling money. 
 Wm. McMaster, President; W. Cooke, Cashier. Dated May i, 
 1 87 1. Engraving is very good, but a little coarser than in the 
 genuine, especially head of lion. Blue numbers are a little 
 lighter than in genuine. The title " Bank of Commerce," is 
 poorly shaded, being coarse and scratchy. L,athe-work is fine. 
 The green ink on back is a trifle too light, and the lathe-work 
 is not good. Paper too thin. 
 
 io's A. Ontaria Bank, Bowmansville, Ont. This is a 
 counterfeit of the old issue, dated Nov. 1, 1870. It is a little 
 shorter than the genuine. Vignette of Woodman badly en- 
 graved, and imprint of Bank Note Co. defective. 
 
 There is another counterfeit of this same issue, some of 
 which do not bear the imprint of the British American Bank 
 Note Co. These notes both look bad. 
 
 io's. Merchants' Bank of Canada. A fair photographic 
 counterfeit, numbered 083,993 in black. The best means of 
 detecting it is by the yellowish color of the green on back, 
 which seems to have been put on with a brush. 
 
 io's. Merchants' Bank of Halifax, Halifax, N. S. A fair 
 photo-lithographic counterfeit, of the old issue, dated 1st of 
 Jan., 1874. When new these notes are dangerous, but a little 
 handling gives them a blurred appearance. 
 
 io's A. La Banque Nationale, Quebec. P. Q. A very poor 
 counterfeit, dated April 28, i860. P in Pres't is directly over 
 D in Z?ix, on genuine at bottom of note, but in counterfeit P 
 is over ix. 
 
 io's. City Bank of Montreal, Montreal, P. Q. The word 
 Parliament is spelled Parliment on this poor counterfeit. 
 
 io's A. Peoples' Bank of New Brunswick, Frederickton, 
 N. B. A very poor and easily detected photographic counter- 
 feit.
 
 COUNTERFEITING. 205 
 
 io's A. Maratime Bank, St. Johns, N. B. A bad photo- 
 graphic pen and ink counterfeit, dated Oct. 5, 1881. Bank 
 failed. Refuse all notes on this bank. 
 
 io's. Dominion of Canada. A raised counterfeit, done by 
 taking a one dollar note and scraping it with a knife and fill- 
 ing in with pen and ink. Refuse all notes of this kind be- 
 cause there are no genuine $10 Dominion of Canada notes. 
 
 This completes the list of counterfeit notes upon banks in 
 the United States and Canada, and we believe by a careful study 
 of the descriptions given, that no one need ever be deceived 
 by a bad note. This list is designed, of course, more especi- 
 ally for reference. If you suspect a note of being bad, notice 
 first whether it is a National Bank note, a United States note 
 or a silver certificate. Then turn to the proper list, where- 
 ever it belongs, and if you can not find it in the list you may 
 know it is good. If you find it in the list then examine closely 
 to see if it bears the defects there described, and thus you can 
 be absolutely certain. A little practice in examining and com- 
 paring notes of different issues will soon make any one famil- 
 iar with the general principles of detecting counterfeit money.
 
 CHAPTER VI. 
 
 DETECTIVE WORK. 
 
 WE consider it a vain and fruitless task to attempt to 
 tell any one how to become a detective. If a man 
 has not some natural adaptation to the business he 
 will never succeed in it, however carefully instruct- 
 ed he may have been. There is, perhaps, no other profession, 
 or calling, that requires so much versatility of mind and vari- 
 ety of accomplishment. The detective must be able to adapt 
 himself to all circumstances of time, place and society. He 
 should be able to talk intelligently upon, and show some de- 
 gree of familiarity with all trades and professions. There is 
 no field of knowledge that may not at some time become prac- 
 tically useful to him. He must be all things to all men; a 
 gentleman among gentlemen ; a tough among bummers. He 
 must be as familiar with the slang of thieves and low people 
 as he is with the elegant phrases of polite society. 
 
 This variety of accomplishment indicates the same variety 
 in character of work to be done. It is the character of the 
 work that necessitates so great versatility of mind and scope 
 of knowledge. No two cases of detective work are alike. 
 They are frequently similar, but never absolutely alike. And 
 it is the little differences that give to each one its peculiar in- 
 dividuality and require for it, perhaps, an entirely different 
 method of treatment from another that seems very much 
 like it. 
 
 These observations lead us back to our first statement, that 
 it is a vain and fruitless task to attempt to teach any one how 
 to become a detective. The best that can bq done is to lay 
 
 206
 
 DETECTIVE WORK. 207 
 
 down a few general principles, explain the different classes of 
 work and let each one work out his success under the guid- 
 ance of that master hand Experience. 
 
 The first requisite to success, then, is the detective instinct. 
 This no teacher or book can -give to any man. It must be 
 born in him. We believe, however, that almost every one 
 possesses some degree of the detective instinct ; in some it is 
 very largely developed ; in others to a very small degree. 
 
 The course of training to which the young detective may 
 subject himself will have much to do with developing his nat- 
 ural detective faculty. The best schooling and the most 
 practical, is the constant advice and companionship of an old 
 and experienced detective. This is better than all the books 
 that ever were written. 
 
 One of the first requisites of a good detective is perfect 
 self-control. This should be both mental and physical, as far 
 as possible. Control of the mind should extend to the sup- 
 pression of the passions, anger, joy, fear; to the habit of com- 
 posed and rapid thought under exciting and trying circum- 
 stances; to mental versatility in diverting attention from a 
 danger point, or leading the conversation skillfully and with- 
 out apparent design to a desired subject and eliciting informa- 
 tion thereon. Physical control should extend principally to 
 facial expression, although cases frequently arise- in which 
 many physical infirmities must be simulated. The face must 
 sometimes express joy and delight when the real feeling of the 
 mind is one of disgust and aversion. Intense hate must some- 
 times frown from the face when the real feeling behind it is 
 that of admiration or love- Words, conduct and facial ex- 
 pression must be consistent, otherwise a charge of insincerity 
 will be preferred by people whose observation would not ordi- 
 narily be considered acute. In other words, a detective should 
 not talk hate from a countenance beaming with joy and de-
 
 208 HOW TO PROCEED. 
 
 light; he should not voice his admiration when every linea- 
 ment of his face shows disgust and contempt. 
 
 A detective must have patience to await results. 
 
 He must have physical endurance to undergo fatigue and 
 hardships. 
 
 He must have a keen observation for faces and physical 
 differences. 
 
 He must cultivate the ability to read character in the human 
 face. 
 
 Detective work proper has been divided into classes. We 
 do not consider that this classification is particularly valuable, 
 but as it facilitates explanation and perhaps covers the field, 
 we give it : 
 
 i. The first and least difficult class of detective work is 
 shadowing. By this is meant watching some person in his every 
 movement, never for a moment losing sight of him. It is 
 tedious and tiresome work and requires endurance, shrewd- 
 ness and quickness of action. The proper way for a young 
 detective to train himself in this class of work is to pick out 
 some stranger and follow him, taking great care that he does 
 not discover what you are doing. A number of artificial cases 
 will soon teach the learner the difficulties to be overcome and 
 how best to do it. Never lose sight of your man. Always 
 keep your eyes on him, while not appearing to do so. Do not 
 follow too close, neither too far away. Always be near enough 
 to distinguish any motion or sign he may make to a confederate. 
 When on an actual case, and also when practicing, write out a 
 full and complete account of every movement of the person 
 watched. If the movements are complicated, notes may be 
 taken as you go along and written out in full after the watch is 
 over. In actual business this has to be done for the satisfac- 
 tion of your employer and it should be done in practice to pre- 
 pare for business. While, as we have said, this class of work
 
 DETECTIVE WORK. 20Q. 
 
 is usually placed at the head of the list as the simplest and eas- 
 iest, it is really sometimes the most difficult. 
 
 2. The class of work usually placed next, though we con- 
 sider it the most difficult of all, is that of ingratiating yourself 
 into the good graces of people whom you suspect and obtain- 
 ing from them the information you want. A detective when 
 performing this kind of work is sometimes called a "roper," 
 though this term has no general use in the profession. This 
 work is extremely difficult and requires a splendid knowledge 
 of human nature and the ability to read dispositions from the 
 countenance and other external appearances. The identity of 
 a detective must be absolutely concealed, otherwise he could 
 not make a beginning in this class of work. To prepare for 
 this work, study human faces, and read characters by facial ex- 
 pression and then verify your results by becoming acquainted 
 with the party. Look out for the weak points if you obtain 
 anything from a man by strategy, it will be by attacking his 
 weak point. Every man has a weakness. Flattery catches 
 most men, but great caution must be exercised in regard to 
 the subject or point upon which it is attempted and the man- 
 ner in which it is done. Here is where the study of human 
 nature comes in. Some men will stand broad and fulsome 
 flattery; with others it must be a delicate insinuation. It may 
 be a man's physical appearance, or his elegant dress, or his po- 
 lite manners ; it may be his intelligence or education ; it may 
 be his self-supposed lack of susceptibility to flattery, that con- 
 stitutes his weak point and that he may be drawn toward you 
 upon. The principal object of this is to cause the party to feel 
 kindly toward you then the battle is half won. 
 
 In this class of work, never hasten, never ask pointed or 
 leading questions, bide your time, letting things take their nat- 
 ural and easy course. If you are skillful you can make it easy 
 for him to tell what you want to know by directing the con- 
 14
 
 2IO HOW TO PROCEED. 
 
 versation properly. Sometimes, when a crime is to be un- 
 earthed, the detective, after becoming thoroughly acquainted 
 with the one suspected, becomes confidential and secretly ad- 
 mits some act in his own life of a criminal character. This 
 often secures a return of confidence from the other side and 
 reaches the desired end. You must know the business of oth- 
 er people while they do not know yours. If the person should 
 become suspicious of you, never under any circumstances be- 
 tray the fact that you know.it, but do all you can in an indirect 
 way to overcome it. Retrace your steps and reestablish your- 
 self in his confidence if possible, but if it is plain that his con- 
 fidence in you can not be restored, quietly retire from the case, 
 still not showing by sign or word that you knew he suspected 
 you. 
 
 This is work that requires a vast fund of patience and per- 
 sistence. Never say fail. If thugs and toughs suspicion and 
 threaten you, stand firm, cool and collected, keeping your pres- 
 ence of mind, and prepared for the worst. 
 
 3. There really is no other class of detective work proper, 
 but there is other work that detectives do and it is called by 
 some, investigating. This is usually done without any at- 
 tempt to conceal the identity of the investigator. It is done 
 by interviewing everybody who may possibly know anything 
 about the subject you are investigating. The principal thing 
 to be learned is how to extract information from people by 
 plying them with questions. Do not imagine that this is easy 
 at all times. It may be very easy and it may be very difficult. 
 It requires a great deal of tact in framing the questions, also 
 in observing the replies, to note whether the party is conceal- 
 ing anything or possesses other information which a different 
 form of question will bring out. Watch out for evasive re- 
 plies those that tell the truth, but not enough of it to be of 
 value and seem to be guarding a point. A successful investi-
 
 DETECTIVE WORK. / 211 
 
 gator ought to be well or fairly well educated, must have 
 shrewdness and knowledge of human nature, and must be 
 bold and venturesome. This work really resembles more the 
 fine point-picking of an attorney's cross-examination than de- 
 tective work, yet detectives have it to do. Years of expe- 
 rience in this field will be required to make one thoroughly 
 proficient and then there is always something to learn. 
 
 GENERAL REMARKS. 
 
 It is not every detective who is good in all branches of the 
 work. It is plain that a rough, uneducated and uncouth man 
 could never succeed in ingratiating himself into high-toned so- 
 ciety, still he might be well adapted to other lines of work. 
 He could go into a barroom among toughs, mingle with them, 
 cultivate their acquaintance, talk of his escapades and perhaps 
 get information of some desperate crime that had been com- 
 mitted or that they were plotting. It should be observed here, 
 that in cases of this kind the detective should always apprise 
 the officers or his partner of what he is about, so that if an ar- 
 rest is made he will not be taken with the others, or at least 
 there should be an understanding so as to avoid difficulty. 
 
 A society gentleman, accustomed to wear fine clothes, and 
 familiar with social rules and customs, is better adapted for 
 work among that class of people. Neither does every detective 
 do good work of all kinds in the same grade of society. A 
 good shadow may be a very poor investigator, and may never 
 be able to learn it so as to make a success of it. So that it 
 frequently happens that different men work different features 
 of the same case. 
 
 One of the best schoolings for a detective is the police 
 court of a large city. Here the criminal riff-raff of creation 
 congregate and their faces may be studied and features and 
 peculiarities fixed in the mind. Learn the peculiar form of 
 crime of each and how he works and where he haunts. A
 
 212 HOW TO PROCEED. 
 
 good and cheap way to fix the faces and features of these peo- 
 ple in the mind is to procure some book containing reliable 
 portraits of them. 
 
 In regard to books containing portraits we desire to say, 
 however, that no one is worth anything after it is two or three 
 years old. Five years will almost suffice to change the whole 
 criminal fraternity of the country. New crooks are coming up 
 all the time and old ones are passing away, either settled in 
 some prison or passed over to that Court from which there is 
 no appeal. The dangers and hardships of the profession make 
 the average life of the criminal short. Of course we all know 
 of some who have grown old and gray in crime, yet they are 
 the exceptions. So that the detective who expects to do any 
 thing with criminal work must keep himself posted all the 
 time. He must know the criminals of the country. The 
 books and photographs are good in their way, but should cer- 
 tainly be supplemented if possible by knowledge obtained 
 from actual contact. There is no better place for obtaining 
 this than about a police court. Another class of education 
 also important can be gained by attending great criminal 
 trials. Listen carefully to the evidence, observe how it is 
 drawn out by the attorneys, study motives, theories and de- 
 fenses of crimes and great profit will be derived. 
 
 Arming men and placing them to guard a coal mine or a 
 railroad is not detective work, although some agencies in the 
 country are engaged in doing that business. If a man wants 
 to be a detective he wants other training than that. A man 
 can not learn any thing about detective work by being put in 
 uniform and assigned to patrol a beat. Detective work can 
 not be done in uniform. 
 
 The greatest secrecy should be observed at all times by 
 those employed on a case. No one of the celebrated detective 
 force of Paris is permitted to know what any other is doing
 
 DETECTIVE WORK. 213 
 
 unless two should be assigned to a case together and not al- 
 ways then. The custom of running to the newspapers with 
 every little case that comes up is very detrimental to the ser- 
 vice and results from a desire for a little cheap notoriety. 
 
 To the public at large, too, we would say, if you meet with 
 a loss, have a watch or purse stolen, do not raise a big fuss 
 about it but go quietly to the authorities or to some private 
 detective in whom you have confidence and detail the circum- 
 stances of the loss, and any evidence or pointers you may have 
 and set him quietly to work on the case. The chances of dis- 
 covering the criminal and bringing him to justice are much 
 greater than if a big noise were made about it. If a person 
 becomes a fugitive from justice then of course it is proper to 
 publish him in some paper of general circulation devoted to 
 criminal matters, like the International Detective. 
 
 These hints, we believe, will be sufficient to put all bright 
 young men on the track and they will be able to work out 
 their own success. 
 
 As an illustration of practical detective work we append 
 hereto the account of the method of working out to successful 
 issue one of the greatest cases that ever occurred in this 
 country. It is known among secret service men and in the 
 courts as "The Oshkosh Case" and our object in inserting it 
 here is to make it a practical illustration of the principles laid 
 down in the foregoing pages. No attempt will be made to 
 produce startling situations or thrilling climaxes. The plain 
 historical facts contain enough of the sensational. The ac- 
 counts will show how a great case was worked up, the theories 
 advanced, the plans adopted to obtain certain information, the 
 schemes to entrap villains, the sensitiveness of instinct in ap- 
 prehending danger, and all the multifold moves on the great 
 chessboard of human action to secure the triumph of right and 
 discomfiture of wrong. One of the best features of this case is
 
 214 HOW TO PROCEED. 
 
 its truth. Ever}- point of the story can be verified, as we give 
 names, dates and places. There are many fine points of detec- 
 tive work in it, and it should be carefully studied. Captain J. 
 C. Grannan, Manager of the Grannan Detective Bureau, was 
 the principal actor on the side of law and justice, and he con- 
 siders it one of the greatest cases he was ever engaged in and 
 one of the most important that has ever occurred in this 
 country. We commend it to the careful study of all who are 
 interested in detective work.
 
 Trie OSHKOSH esse. 
 
 FATAL FLAMES. 
 
 IN Oshkosh, Wis., there is no better or more favorably 
 known family than the Paiges. Simon B. Paige, in 1881, 
 was a millionaire. He boarded at the aristocratic Beck- 
 with House with his accomplished wife, and they had 
 every luxury that fastidious taste could suggest, or unlimited 
 means procure. 
 
 His wealth he was himself scarcely able to estimate. He 
 was a member of the great lumber firms of Paige, Dixon & 
 Co., of St. Paul; Paige Bros., Davenport, Iowa: S. B. & J. A. 
 Paige, Fon Du Lac, Wis.; The Paige-Sexsmith Co., Superior, 
 Wis.; and had other large business connections. He owned a 
 $500,000 lumber mill at Duluth, and one of the finest stock 
 farms in the North- West, on which he had many valuable blood- 
 ed horses. His acres of timber in that great wooded region 
 were numbered by the thousands ; while he did not himself 
 know the exact value of his estate of course others did not, 
 but he was popularly supposed to be worth a million, and sub- 
 sequent events proved him to be worth almost ten millions. 
 One day in the beautiful autumn of 1881, while this lumber 
 prince was speeding a pair of his fast and blooded stallions on 
 his private race course, the alarm of fire was sounded. 
 
 Not thinking of danger to any of his possessions, he con- 
 tinued his drive until the immense columns of smoke mingled 
 with lurid flame attracted his attention and he turned toward 
 the city. As he approached the rapidly increasing conflagra- 
 
 215
 
 2l6 HOW TO PROCEED. 
 
 tion he discovered to his horror that the flames emanated from 
 the Beckwith House, his temporary home, and where he had 
 left his wife, happy and smiling, less than an hour before. 
 
 The large Irame structure was composed of exceedingly in- 
 flammable material, and burned like a tinder-box. The fire 
 department responded as rapidly as possible, but found the 
 building enveloped in flames, and impossible to save. New 
 horrors awaited the awe-struck people in the announcement 
 that some guests had been cut off from escape by the rapid 
 approach of the fire, and were even then locked behind those 
 impassable barriers of flame. A shriek and a blanched face at 
 a window established the fact that at least one life was in im- 
 minent peril. Just then Simon B. Paige dashed upon the lurid 
 and sickening scene. The instinct of love directed his gaze to 
 the floor of his apartments. Through the curling smoke and 
 leaping tongues of flame that now alternately encircled the 
 shrieking form at the window, he quickly discerned the fea- 
 tures of his wife. 
 
 " My God! my wife!" he cried. " Rescue her, for God's 
 sake, rescue her! Is there no man here brave enough to bring 
 down my wife? A thousand dollars, two, five, ten thousand 
 dollars any sum to the man who will save my wife !" 
 
 But the heroic firemen needed not the promise of reward 
 to impel them to undertake this perilous duty. Already lad- 
 ders were reaching toward the fatal window. And now a 
 brave man, he must be brave indeed, who essays so hazardous 
 a task, is rapidly mounting flame-ward. 
 
 " Play the stream around the window," shouted the Cap- 
 tain. A denser darkness of smoke followed the deluge of 
 water about the window, and the white face was obscured from 
 view, to be momentarily revealed again, a harassing picture of 
 agony and despair. On mounted the hooded knight of fire 
 higher into the smoke, farther into the flame. Now the whirl-
 
 THE OSHKOSH CASE. 21 7 
 
 ing and eddying currents of superheated air drove down on 
 his heroic head a rolling volume of dense smoke, blinding, 
 stifling him. 
 
 "Come back!" shouted his companions below. "You'll 
 lose your own life and not rescue her." 
 
 If he heard, he heeded not. The cloud rolled away and he 
 mounted higher. Fierce flames darted their fiery tongues in 
 his bronzed face. He recoiled from the terrible heat. 
 
 "Ah, he's given it up; he's coming down," joyously cried 
 his comrades, below. 
 
 "Go on, go on!" shouted Paige, frantic with despair. "Go 
 on, brave boy. Reward! Reward! Money! Fortune! Only 
 save my wife." The apparently hesitating fireman probably 
 heard not a word that was spoken. The roaring and crackling 
 of the flames, the splashing of the water, the mingled shouts of 
 men and cries of terrified women creating a din that complete- 
 ly extinguished and swallowed up every individual sound. A 
 momentary gust swept smoke and flame away and revealed 
 the valorous fireman, battling heat and suffocation, gazing up- 
 ward to the window, now so near, and the white face above, 
 unconscious of his presence, silently beckoning him on. The 
 moment seems auspicious. A few rapid strides upward 
 brought him almost within reach of the suffering victim. 
 Fierce flames shot their furious rage in his face now, like 
 demons about to lose their prey. The stoutest heart must re- 
 coil from that terrific attack. A moment to give better pro- 
 tection to face and eyes, then that raging flame-chasm must be 
 crossed. It is narrow but terrible. Quick, man, she's faint- 
 ing, she's reeling. Save her now or she is lost. With a 
 bound he scales the last few rounds, crosses the roaring fringe 
 of flame that encircles the window and grasps her falling 
 form. With lightning-like rapidity the rope is loosed from his 
 own body and securely attached to hers. Hand over hand,
 
 2l8 HOW TO PROCEED. 
 
 with swiftness and ease, he lowers her now unconscious form 
 to the ground. A signal jerk on the rope tells him that she is 
 in safe hands. He hesitates a moment before undertaking 
 that perilous descent. But there is no time to lose. A crash 
 in the rear indicates that floors are already giving way. Care- 
 fully protecting his face, he swings himself once more through 
 the now increased and rapidly spreading flames, on to the lad- 
 der, and with rapid descent is soon out of danger, weak and 
 exhausted. 
 
 For the moment all attention is directed to the rescued 
 Mrs. Paige, who has been removed to a neighboring house. 
 The physicians, after a hasty examination, pronounce her ex- 
 ternal burns very serious, but not fatal. All expressed a se- 
 rious apprehension, from the peculiarity of her breathing, that 
 she had inhaled flame, in which case recovery would be im- 
 possible. Mrs. Paige received the most careful nursing and 
 the best medical skill that could be procured. A very few 
 days, however, developed the terrible results of the fatal flame 
 inhalation and death came to her relief. 
 
 Simon B. Paige was distracted with grief. The newspa- 
 pers gave long and sensational accounts of the fire, and dwelt 
 particularly on the tragic death of Mrs. Paige, speaking of the 
 great wealth of Mr. Paige and of Mrs. Paige's beauty and ac- 
 complishments. The great prominence and wealth of the 
 family, as well as the tragic character of the catastrophe, 
 caused the newspapers of the entire country to reproduce 
 these articles from the local papers, or to give, in many cases, 
 graphic original descriptions of the fatal occurrence. This 
 great publicity given to the affair, and the fact that in all these 
 articles the wealth and prominence of the Paige's were partic- 
 ularly dwelt upon, has a very important bearing upon the 
 case, as will appear further on.
 
 THE OSHKOSH CASE. 2IQ 
 
 II. 
 A SECOND MARRIAGE. 
 
 Not long after his wife's sudden death Mr. Paige received 
 a letter from a Mrs. Mary E. Fagan, of New York, stating 
 that she was an old girl friend of his late lamented wife, whose 
 untimely death she mourned with him. It was a letter of con- 
 dolence written in rather a gushing manner, and offering for 
 his dear wife's sake to do anything that lay in her power to 
 lighten his burdens and soothe his sorrows. In fact, she 
 begged to be allowed to come and take care of his motherless 
 children. 
 
 He replied that he regretted to say that he had never 
 heard his late wife speak of a friend of her girlhood years of 
 the name given, but supposed probably it had escaped his 
 mind. He thanked her very kindly for her generous offer to 
 come to be a mother to his motherless children, but as he had 
 no children, there was really no necessity for that. This letter 
 brought a second, which detailed so many circumstances pf 
 his wife's early life, that he was convinced Mrs. Fagan and his 
 wife had really been companions in their youth. She said she 
 was a widow ; that her maiden name was Libby ; that her hus- 
 band had been dead about two years, and gave other particu- 
 lars of herself and family. 
 
 Other correspondence followed, which his friends knew lit- 
 tle of, for it soon began to partake of that sentimental char- 
 acter which he did not care to make public. 
 
 This woman, in fact, first by her correspondence, and sub- 
 sequently by the magnetism of her presence, exerted a power- 
 ful influence over Mr. Paige. Perhaps he labored under the 
 delusion that she would make a worthy successor to Mrs. 
 Paige and fill the void to a certain extent which her tragic 
 death had created in his home and heart. He went to New
 
 220 HOW TO PROCEED. 
 
 York twice to see her, and on his second visit they were mar- 
 ried, January 9, 1883, against the strenuous objections of his 
 brothers and friends. 
 
 III. 
 
 A TRAGIC DEATH. 
 
 The honeymoon was spent in American travel. The prin- 
 cipal cities and points of interest in the country both East and 
 West were visited. Two months thus spent found them at 
 Davenport, Iowa, where Mr. Paige had milling interests. 
 They stopped here at the Kimball House. On the morning of 
 March nth, 1883, two months and two days after their mar- 
 riage in New York, Simon B. Paige was found dead in his bed 
 in this hotel. Death had resulted from a pistol ball wound in 
 the head. Great excitement was created by the announce- 
 ment that Simon B. Paige, the millionaire lumberman, had sui- 
 cided. His wife affected inconsolable grief. His friends knew 
 no reason for melancholy or dissatisfaction with life. Of 
 course they had seen nothing of him since his second mar- 
 riage. They thought perhaps he had become convinced of his 
 great mistake, and not caring to face his relatives and friends, 
 had determined to take his life. Others broadly hinted that 
 the woman had something to do with his taking off, although 
 there was no direct or positive evidence of this. The obsequies 
 were scarcely over when she began with eager and unseemly 
 haste to seize all the property and convert it into cash. His 
 brother, C. C. Paige, became satisfied from her appearance, 
 conversation, and the circumstances of their courtship and 
 marriage, that she was an adventuress, and thought that they 
 ought not to submit to this wholesale robbery by one entirely 
 unworthy of their dear, but misguided brother, without mak- 
 ing a thorough investigation of her character, antecedents and 
 history. The long and complicated legal warfare that ensued,
 
 THE OSHKOSH CASE. 221 
 
 had for its object on the part of the woman, the obtaining and 
 holding all of his property, which the law, in the absence of a 
 will, would give her for life, there being none but collateral 
 heirs to the estate. His brothers believed that the whole thing 
 was a scheme set up by this woman, to marry a millionaire, 
 enjoy the luxuries of wealth and social station and finally 
 come into possession of his vast property herself. They be- 
 lieved that a woman capable of conceiving and so far execu- 
 ting so base a design must have a history ; that so cold and 
 heartless an adventuress would likely have made some alli- 
 ances in life that would render her marriage with their brother 
 illegal. In short, they did not propose to see her walk off 
 with eight or ten million dollars without knowing who she 
 was and something of her antecedents and personal history. 
 
 At this point began a campaign of the most remarkable 
 detective work ever accomplished in this or any other country. 
 
 IV. 
 
 OPENING THE CASE. 
 
 Mr. C. C. Paige, the surviving brother of Simon B. Paige, 
 whose sudden and tragic death gave rise to all sorts of rumors 
 and suspicions, adopted the Fabian policy of delay until he 
 could have opportunity to investigate the record of his dead 
 brother's wife. Besides her name, Fagan or Libby, he knew 
 nothing. Notwithstanding this he corresponded with a number 
 of detectives in different parts of the country. The best talent 
 in New York, Chicago, St. Louis and Cleveland worked several 
 weeks on the case without result. 
 
 In June, 1883, Col. Reilly, then Chief of the Police of Cin- 
 cinnati, received a letter from Mr. Paige asking him to send him 
 the name of some reliable detective here. Col. Reilly recom- 
 mended Captain J. C. Grannan, Manager of the Grannan De-
 
 222 HOW TO PROCEED. 
 
 tective Bureau, as a man competent for the work. A few days 
 later Captain Grannan received a letter from Mr. Paige. 
 
 The information that he was able to send about the work 
 to be done was meager indeed, beyond the names she herself 
 had given, which, if she were an adventuress, might be entirely 
 wrong, and a description of her personal appearance, and the 
 additional fact that she had somewhat of a literary disposition 
 and a penchant for the stage, and might have been an amateur 
 actress at one time. Beyond these slight clews Captain Gran- 
 nan had nothing to guide him. 
 
 Further correspondence settled the terms, and having the 
 assurance that the case involved much, and that success would 
 be amply paid, he went to work nothing daunted by the mea- 
 gerness of the information at hand. He worked faithfully for 
 five weeks, diligently searching in every department or field of 
 labor in the city. Literary people, library people, theatrical 
 people, all were cautiously questioned, but none were able to 
 furnish any information. The directory showed only five 
 names of Fagan and Ljbby together, and these followed closely 
 proved to have no relation whatever to this case. 
 
 After five weeks of hard and fruitless labor, he felt greatly 
 discouraged, and wrote Paige that he regretted very much that 
 no clew whatever of a Fagan or Libby family could be found. 
 He detailed the circumstances of his search, stated that he 
 was considerably discouraged, but would not abandon the case. 
 He still hoped something might occur to throw some light on 
 the matter, and assured Mr. Paige if these parties ever had a 
 home in Cincinnati or were known publicly here, he would 
 find a trace of them. 
 
 V. 
 
 LIGHT. 
 
 An hour after mailing this discouraging letter, he was 
 walking up Vine street and met John Davis, the theatrical
 
 THE OSHKOSH CASE. 223 
 
 agent, for years door-keeper of Robinson's Opera House in 
 this city, and personally acquainted perhaps with more theatri- 
 cal people than any other man in Cincinnati. The thought 
 flashed upon the Captain's mind that possibly Davis might 
 know something of the parties he was looking for. He ac 
 costed him in his usual hearty manner, asked him to take a 
 cigar with him, and in the course of the resulting conversation, 
 found excuse to ask about his knowledge of a family by the 
 name of Fagan or Libby. The Captain's last hope seemed to 
 die within him, when, after ransacking the chambers of his 
 memory for many minutes, Davis was unable to recollect any 
 one of that name. "But," said he, "I want to introduce you 
 to a young man who knows everybody in light comedy and es- 
 pecially ballet. He has charge of the ballet at the Grand 
 Opera House. Come, and we will find him now." Starting 
 out, they soon found Mr. Chas. Bauer, at the corner of Vine 
 and Longworth streets, and the Captain was introduced. They 
 talked the matter over. He remembered no one by the name. 
 The Captain dwelt particularly on his personal description. 
 
 " By Jove," exclaimed Bauer, " I wonder if it could be Alice 
 Pierrepoint and her sister? We had two sisters here of that 
 name, and your description sounds like them." Then they 
 compared notes further, and Captain Grannan became convinced 
 that he had found some one whose personal description an- 
 swered very closely to that given him of Mrs. Mary E. Fagan, 
 now Mrs. Simon B. Paige. 
 
 "Where did they live?" asked the Captain. 
 
 "At 101 Barr street, I think." 
 
 It was now in the evening. Early next morning found 
 him at 101 Barr street, ringing the door-bell. The lady of the 
 house knew nothing of any one of that name. She had only 
 lived there a short time. Did not know who was there before 
 her. The neighbors next door had lived there a long time,
 
 224 HOW TO PROCEED. 
 
 and would probably remember if any one of that name had 
 ever lived there. Frustrated again, he sought the next door. 
 
 It should be stated in all these cases, to allay suspicion of 
 the real cause for which he wanted information of this woman, 
 and also to interest the listener in his questions and search, 
 and to obtain all the information, he had uniformly told that he 
 represented a law firm in New York that they had positive 
 information that a large fortune had been left in England to 
 the Libby's and that he was very desirious of finding Mrs. 
 Fagan, or Libby, in order to apprise her of her awaiting fort- 
 une, as there would be a good fee in it for him, if he could find 
 her. 
 
 He rang at 103 Barr street, next door to 101 ; a young lady 
 came, evidently the daughter. The Captain sang the same 
 song to her, of the New York law firm, and the fortune, that 
 he had to all the rest. She swallowed it open-mouthed and with 
 staring eyes, and without making any answer to Captain Gran- 
 nan's question ran to the stairs and called up, "Oh mamma, 
 come down, the Libby 's have been left a fortune. They won't 
 have to play on the stage any more." 
 
 It is impossible to describe Captain Grannan's joy at hear- 
 ing these words. This must be right. At last a trace is found ! 
 The mother came down. Their curiosity was insatiable. They 
 wanted to know so much from him that he could scarcely get 
 the information he required from them. 
 
 He read an imaginary letter from the New York firm. He 
 had provided himself with a book on English estates, and read 
 to them from that to convince them that it was all right. He 
 learned from them that Mrs. Mary E. Fagan was a married 
 woman, but did not live with her husband. That she and her 
 younger sister, Miss Libby, performed in the ballet, and took 
 the part of supernumeraries in light comedy at the Grand 
 Opera House, under the stage name of Alice and Laura Pierre-
 
 THE OSHKOSH CASE. 225 
 
 point; that they had left nearly a year before for New York; 
 got a more accurate personal description and satisfied himself 
 that this was the right party. 
 
 He told them that he had the greatest difficulty in getting 
 pictures of the true heirs to this fortune, by which they could 
 be identified; asked if they knew whether they ever had any 
 pictures taken? "Why, yes, we've got a picture of Mrs. 
 Fagan. Jennie, go and get that photograph," and Jennie, after 
 a little fumbling around, produced a very good cabinet photo- 
 graph of Mrs. Mary E. Fagan, alias Alice Pierrepoint, now 
 Mrs. Simon B. Paige. 
 
 "Now, if you would be so kind as to loan me this picture," 
 said the Captain in his blandest tones, " I might be able by it 
 to do these people the greatest service." 
 
 " Why, certainly," said the old lady, "take it along." 
 
 "You can keep it if you like," said the daughter Jennie, " I 
 don't really care for it." 
 
 With his picture and his information the Captain departed 
 from that house, the happiest man that walked the streets of 
 Cincinnati that morning. He rushed to the telegraph office 
 and wired Paige: " Since writing you yesterday have made a 
 valuable discovery; particulars by first mail." He went to a 
 photographer and had a new negative taken from the picture 
 and sent the original photograph to Oshkosh with the particu- 
 lars of his find, for identification by the Paiges. 
 
 To say that Detective Grannan was elated, weakly ex- 
 presses his feelings. He was half wild with joyous excitement 
 at his unexpected discovery. He was certain he had the right 
 party. And then his discoveries contained possibilities of 
 success that he had hitherto scarcely dared to dream of. Mrs. 
 Fagan a married woman! Had she ever been legally sepa- 
 rated from her husband? If not, then her marriage with 
 Paige was illegal and void. At once the magnitude and char- 
 15
 
 226 HOW TO PROCEED. 
 
 acter of the work to be done unfolded itself before him 
 Yielding no longer to the ecstasy of joy that further develop- 
 ments might make ephemeral he proceeded to plan his work. 
 
 VI. 
 
 IN THE VALLEY. 
 
 Help was needed. Mr. John A. Burgoyne, a young mem- 
 ber of the Bureau, temporarily residing in Summit County, 
 Ohio, who had manifested considerable detective abilit}', was 
 summoned to the city by telegraph. He came without delay. 
 In an hour's private consultation with Captain Grannan, 
 enough of the nature of the case was unfolded to enable him 
 to work intelligently. The discoveries of the last two days 
 were ca^fully narrated. He was first assigned to see the 
 owner of the house in which the Libbys lived on Barr street, 
 and learn from him all additional facts possible, especially when 
 they left the city and where they went. 
 
 Detective Burgoyne shrewdly surmised from what he had 
 already learned of the Libbys, that, perhaps, they left rather 
 suddenly and probably owing rent. So, to put himself on 
 sympathetic relations with the landlord, he represented him- 
 self as a creditor of the Libbys, said they had bought material 
 from him for costuming while on the stage, and had never 
 paid ; he thought he would look them up ; could not find them 
 at their late residence, and thought he might give some in- 
 formation, etc. 
 
 " Well, now, I'll tell you, my young friend," said the land- 
 lord, "I think you might as well charge that little bill up to P. 
 and L. Why, the Libbys left here a year ago or more. They 
 owed me a month's rent, and I guess that's gone. You see, 
 I'll tell you how it was, since you're somewhat in the same 
 boat with myself. Mrs. Libby and one of the girls, the un- 
 married one, her name was Laura I think, packed all the
 
 THE OSHKOSH CASS. 227 
 
 furniture and left for the east, taking the two small children 
 of Alice with them. The other girl, the married one, the 
 mother of these children (I never saw any husband around 
 though), remained behind three or four weeks. 
 
 "She came over when her mother went away, to say that 
 she would stay till her mother sent her money to pay the rent. 
 Well, sir, you may not believe me, but that woman actually 
 stayed in that empty house three weeks. She had nothing 
 but an old straw tick thrown on the floor to sleep on and no 
 cover but her own clothing. She had an old wash bowl and 
 an almost toothless comb, and made her toilet by a small three 
 cornered piece of a looking glass fastened to the wall with 
 three tacks. Not very luxurious living, eh? I don't know 
 how or where she got anything to eat. 
 
 " Well, one morning a small hand express stopped at the 
 door of the Iyibby residence, a very small and shabby looking 
 trunk was brought out by the expressman, and he moved off 
 with his valuable load toward the C. H. & D. depot. Mrs. 
 Fagan then appeared at the door, and seeing me standing 
 there by my gate, just across the street from her, came over 
 and handed me the key, saying that she regretted very much 
 that she could not pay the rent, but her mother had been dis- 
 appointed in getting money and she would send it to me when 
 she got east. But I never expect to get it, my friend, never." 
 
 " How did she spend her time here after her mother went 
 away?" queried the young detective. 
 
 " I can't say, but I heard after they were all gone, that she 
 was staying here really to get a divorce from her husband. I 
 don't know whether she got it or not, but I guess Charley 
 Baker would get it for her if it could be done." 
 
 "Charley Baker had the case, did he?" asked Detective 
 Burgoyne. 
 
 "That's what I heard; fact is, I never thought any more
 
 228 HOW TO PROCEED. 
 
 about them, after they went away, and paid no attention to the 
 reports that went around." 
 
 "Well, I think my bill is a dead duck, as you say, and I 
 guess I will go back to the office and charge it up to P. and 
 L.," and thanking the landlord for his information and bidding 
 him good day, our young member took his joyous way back 
 to the office to report. 
 
 "A divorce! Charley Baker, the attorney!" sang out De- 
 tective Grannan. "Here's something new. By Jove, I'll see 
 him. We're going to the bottom of this thing." And almost 
 before the other members present knew what was meant, the 
 Captain had passed out of the door and disappeared on his 
 way to attorney Chas. W. Baker's office. 
 
 "Hello, Charley!" 
 
 "Hello, Captain, come in. How's everything?" 
 
 "First-class, couldn't be better. How's the law?' 
 , " Busy all the time, but alwa)^s got time to give a few min- 
 utes to a friend. What can I do for you to-day?" 
 
 "Well, nothing of much importance. One of your clients, 
 or at least I understand it is one of your clients, owes me a lit- 
 tle bill, and I thought you might throw a little light on the sub- 
 ject, and perhaps give a little assistance in getting it." 
 
 "Well, now, I don't have many of that kind of clients that 
 owe little bills around promiscously, but " 
 
 "Well, this might have been a charity case, Mr. Baker." 
 
 "Possibly so," said he, laughing, "who is the party?" 
 
 "Mrs. Mary E. Fagan." 
 
 "Oh, yes, that was a charity case, sure enough. But I 
 guess she is able to pay you now, as she has recently married, 
 and I understand rich." 
 
 "Married! hardly married again?" said the Captain. " She 
 is already married." 
 
 "Oh, yes, but I got her a divorce recently."
 
 THE OSHKOSH CASE. 229 
 
 "So? How long since?" 
 
 "Not long ago. L,et me see," turning to his book. "Yes, 
 here it is. The decree was granted on the 19th day of De- 
 cember, 1882." 
 
 As he held the book open, the Captain's sharp eye caught 
 the docket number of the case, 64554, which he hastily pen- 
 ciled on his cuff. 
 
 "Yes, I sent the divorce on to New York to her, $75.00 
 C. O. D., and the money came back. I don't know how she 
 raised it." 
 
 Thanking Mr. Baker for his kindness, the Captain left. 
 
 This was progress, but not so encouraging. That divorce 
 might knock the bottom out of the whole case. Captain 
 Grannan felt considerably cast down about it but reported at 
 once to Paige by wire, that Mary E. Fagan had been divorced 
 and he would send certified copy of proceedings by mail. 
 Though not now so hopeful he was still determined to go to 
 the bottom and taking detective Burgoyne and confidential 
 clerk Grigsby, went to examine the court records. In twenty- 
 four hours they had true copies of the entire proceedings, 
 properly certified, in the mail and on the way to C. C. Paige, 
 at Oshkosh. The return mail brought a check for $100 and 
 an order to come to Oshkosh by first train. The Captain tele- 
 graphed his departure and arrived in Oshkosh six hours soon- 
 er than Mr. Paige expected. He went to his office about 1 1 
 a. m. Mr. C. C. Paige was in the iron business. The Captain 
 found him very busy. 
 
 VII. 
 
 A detective's song. 
 Captain Grannan introduced himself to Mr. Paige as the 
 representative of the Union Fence Co., Painesville, O. "I 
 only want about three minutes of your time, Mr. Paige (I be- 
 lieve I have the honor of addressing Mr. Paige.)"
 
 230 HOW TO PROCEED. 
 
 "That is my name, sir." 
 
 "I have been sent out into your great country, Mr. Paige, 
 to introduce what is known as the Patent Combination Fence, 
 composed of wood, iron and sand. We use in making our 
 fence large quantities of iron in all forms. You are a manu- 
 facturer of iron, and if I am successful in introducing our 
 fence, we want to contract with* some large manufacturer here 
 to make the iron for us." 
 
 "Well, that sounds like business," said Paige. 
 
 "Yes, sir, we mean business. We've got the best fence in 
 the world, and we know it, and we propose to put it up all 
 over this country. We have the great secret of making wood 
 as durable as iron. Our fence is a wooden fence except posts 
 and points. We take a piece of green wood, and b)' a mechan- 
 ical contrivance we suck every particle of sap or moisture out 
 of it. The stick is left like a honey-comb, and while in this 
 open or honey-comb condition, we force into it by powerful 
 machinery a resinous or bituminous substance. The wood 
 is thoroughly infiltrated with this substance. It will last till 
 the millennium. Then we make it into all shapes and sizes 
 and patterns. The delicate workmanship on a fence suitable 
 for your front yard is in striking contrast with the strong 
 enclosure for a jail yard that we also put up. Then there is 
 the church fence, the farm fence, the country fence and every 
 conceivable description of fence; and we make all of them. 
 Now, if you'll take hold of this thing and help me introduce 
 it here, we will make it interesting for you." 
 
 "Well, that seems plausible, and I would like to converse 
 further with you about it, but you will have to excuse me 
 now, as I am looking for a gentleman from Cincinnati, and 
 must go to the train now to meet him." 
 
 "Certainly, certainly," said Detective Grannan. "I am 
 stopping at the hotel down here and will be glad to confer
 
 THE OSHKOSH CASE. 23I 
 
 with you there at any time convenient to you. When shall 
 we meet and talk further on this question?" 
 
 "Let me see. I shall be pretty busy very likely all the af- 
 ternoon with my friend, and well, I think to-morrow morn- 
 ing, say ten o'clock." 
 
 "That will suit me," said* the Captain. 
 
 "By the way, I've forgotten your name if you mentioned 
 it. For whom shall I call to-morrow?" 
 
 The Captain handed him one of his cards and waited for 
 results. Mr. Paige read the card carefully ' and gradually his 
 eyes lifted and wandered up to the smiling countenance of De- 
 tective Grannan. He wasn't long in catching on. 
 
 "Shake," he said, "it's on me. What'll you take?" 
 
 They went to see Paige's attorney, Geo. W. Burnell. Mr. 
 Paige introduced the Captain as Mr. Bronsou, a fence man, 
 and he sang the attorney the same song. When he got 
 through, the attorney, who was to be employed to attend to 
 all the ligitation for the new business, and draw up the papers 
 for the organization of the company had become much inter- 
 ested and promised his hearty co-operation. 
 
 Then he asked Paige, by way of. side remark, whether 
 Grannan had shown up yet. 
 
 "I expect him here this evening," said Paige, evasively. 
 
 As they were about to leave "Mr. Bronson" invited Bur- 
 nell to call on him at the hotel and handed him one of his 
 cards. Burnell glanced at the card hastily at first, then looked 
 more closely, then read carefully, and as the truth of the joke 
 gradually dawned upon him he exclaimed: 
 
 "Well, this is good very clever." 
 
 "I guess we've got the right man, don't you think so?" 
 said Paige. 
 
 "He'll do," said the attorney. 
 
 It was then arranged that Captain Grannan should be
 
 232 HOW TO PROCEED. 
 
 known there publicly as an electric light man, and should go 
 under the name of Bronson, and during his whole stay in Osh- 
 kosh, and all his subsequent visits there, and even yet he is 
 known there as Bronson. 
 
 The first thing done was to discharge all the other detec- 
 tives working on the case. Then Mr. Paige told Grannan all 
 that had taken place at that end of the line. Immediately 
 after the tragic death of his brother, the unnatural wife took 
 his watch, an elegant gold hunting case, of great value, and 
 sold it to a banker for one-half less than C. C. Paige would 
 have given for it. She would not let him have it for spite. 
 She took his diamond from his shirt and sold it almost before 
 his body was cold. A splendid stallion that cost him $4,000 
 she let go for $625. Then she attempted to have herself ap- 
 pointed administratrix of his estate. She could not give bond 
 and so that failed. C. C. Paige, as next of kin, was then ap- 
 pointed and qualified. Of course, she claimed all of his vast 
 estate. They believed her an adventuress, doubted the legality 
 of their marriage, and proposed to investigate her record from 
 beginning to end. 
 
 Detective Grannan now learned, for the first time, the enor- 
 mous value of the property for which they were going into 
 litigation. The task of saving nine million seven hundred 
 thousand dollars from the clutches of an unworthy adventuress, 
 a schemer without soul or conscience, devolved on him. The 
 weight of the great responsibility was heavy upon him, espec- 
 ially when he knew how slender were the threads upon which 
 hung the possibility of success, and how easily all his work of 
 investigation might be defeated by finding that every step in 
 her proceedings was done under cover of law. However, he 
 now went to work with a determination to win, if success were 
 possible. 
 
 From this point then a new start was taken in unfolding
 
 THE OSHKOSH CASE. 233 
 
 this remarkable ease; a case involving many millions of money, 
 and months of hard labor, fraught many times with danger and 
 excitement; a case that required the work of many men, and 
 took Captain Grannau and members of his force into almost 
 every State in the Union, and in which a number of young 
 detectives received their first careful drilling in their chosen 
 profession. 
 
 VIII. 
 
 TRAPPING A WOMAN. 
 
 Detective Grannan carefully compared notes with attorney 
 Geo. W. Burnell and got all the legal points of the case to help 
 in formulating his theory and laying his plans for action. A 
 circumstance that occurred early in the legal proceedings and 
 which was the first almost positive proof of the fraudulent 
 character of the widow of Simon B. Paige, lately Mrs. Mary E. 
 Fagan, is worth relating, as it was an important part of the 
 information that Detective Grannan got from attorney Burnell. 
 In addition to the unseemly haste of the woman, as related be- 
 fore, to convert Mr. Paige's property into money, she went 
 into court at Davenport, Iowa, where he owned large property, 
 and got an allowance of $300 per month pending the settle- 
 ment of the estate. 
 
 Then she went to Duluth where his possessions were equally 
 large and obtained an allowance of $250 per month. She 
 then went to Oshkosh and attempted the same thing, and as 
 stated before, to have herself appointed administratrix of the 
 estate. When the application came on for hearing at Oshkosh, 
 Mr. Burnell took occasion to put a few questions to the 
 woman who was claiming so much : 
 
 Burnell Mrs. Paige, I believe you were married once be- 
 fore your marriage with the late Mr. Paige? 
 
 Mrs. Paige. Yes, sir.
 
 234 HOW TO PROCEED. 
 
 B. What was your husband's name? 
 
 Mrs. P.-Wm. E. Fagan. 
 
 B. Is Mr. Fagan still living 
 
 Mrs. P. No, sir, he is dead. 
 
 B. How long since? 
 
 Mrs. P. About three years. 
 
 B. Where did he die? 
 
 Mrs. P. At Santa Fe, Texas. 
 
 B What's that? Did you say Santa Fe, Texas? 
 
 Mrs. P. Yes, sir, Santa Fe, Texas. 
 
 B. Were you there when he died? 
 
 Mrs. P. No, sir. 
 
 B. What evidence have you of his death? 
 
 Mrs. P. Well, I have letters stating that he was dead, and 
 also the undertaker's certificate showing that he died and was 
 duly interred. 
 
 B. Have you that certificate with you? 
 
 Mrs. P. No, sir, I have not. 
 
 B. Can you find it? 
 
 Mrs. P. I think I can. I think I have it among my papers. 
 
 B. (To the Court.) If your Honor please, I would like 
 the witness instructed to bring this paper into court. 
 
 The Court. You may proceed with the examination at 
 present and the witness will bring the paper into court this 
 afternoon. 
 
 B. Now, Mrs. Paige, you corresponded with your husband 
 when he was in Santa Fe, Texas, didn't you? 
 
 Mrs. P. Oh, yes, frequently. 
 
 B. About how frequently? 
 
 Mrs. P. He used to write every week. 
 
 B. And I suppose you as a faithful wife answered his letters? 
 
 Mrs. P. Yes, sir, I wrote to him sometimes two or three 
 times a week.
 
 THE OSHKOSH CASE. 235 
 
 B. And his address became very familiar to you, didn't it ? 
 
 Mrs. P. Oh, yes, I should think in writing it forty or fifty 
 times I ought to become pretty familiar with it. 
 
 B. Well now, Mrs. Paige, will you be kind enough to 
 take this envelope and address it with this pen just as you used 
 to do when your husband was down there where he died? 
 
 Mrs. P. Certainly. 
 
 And she took the pen and wrote: 
 
 MR. WM. E. FAGAN, 
 
 Santa Fe,' 
 
 Texas. 
 
 B. Now, you are sure this is right? 
 
 Mrs. P. Yes, sir. 
 
 B. And this is just as you have written it scores of times 
 before Mr. Wm. E. Fagan, Santa Fe, Texas is it? 
 
 Mrs. P. Yes, sir. 
 
 The excitement and confusion among the crowd of in- 
 terested spectators was at this point very great. 
 
 Mr. Burnell then addressed the Court: Now, if your Honor 
 please, I submit this envelope on which this woman has writ- 
 ten the address of her first husband, Wm. E. Fagan, Santa Fe, 
 Texas. Your Honor heard the positive character of her testi- 
 mony on this point, and you know, too, that there is no such 
 place as Santa Fe, Texas. 
 
 "Well, Santa Fe, wherever it is; Santa Fe, wherever it is," 
 fairly shouted Mrs. Paige, with her brazen facility for turning 
 at the critical moment, if she saw she was wrong or about to 
 be caught. 
 
 But the incident sadly impaired her case. The judge laid 
 the matter over for further evidence, and after several days 
 she brought into court a paper purporting to be the death or 
 burial certificate. It was crumpled and torn and bore little
 
 236 HOW TO PROCEED. 
 
 evidence of genuineness. As stated before she could not 
 qualify as executrix and the judge only allowed her a small 
 sum monthly here in view of the uncertain attitude in which 
 she stood before the court and the people. C. C. Paige was 
 appointed administrator, and then began a fight for the prop- 
 erty. 
 
 Detective Grannan got all the possible information about 
 the woman, her peculiarities of speech and action, style and 
 subject matter of conversation, etc. A very important piece 
 of information he dropped onto by accident important, be- 
 cause it was the key that unlocked the future of the case for 
 him. One day when Mrs. Paige-Fagan was conversing with 
 Mrs. John Paige, a brother's wife, the latter remarked the reg- 
 ularity and beautiful pearly whiteness of Mrs. S. B. Paige's 
 teeth. "Are they natural,?" she asked. "Oh, no," responded 
 the widow, "they were made by one of the finest dentists in 
 New York." 
 
 IX. 
 
 PULLING A TOOTH. 
 
 There being apparently nothing more to be learned or ac- 
 complished in Oshkosh Captain Grannan returned to Cincin- 
 nati to prepare for the work before him. His theory of the 
 case had already been formed. He would first visit New York 
 and learn the history of the Iyibbys and Fagans there. He 
 must have some excuse to visit the metropolitan dentists. He 
 went up to Dr. Woodward, Sixth and Race, an accomplished 
 dentist, and said: 
 
 "Doctor, I want a tooth drawn." 
 
 "All right, sir, take a seat." 
 
 The doctor made an examination, but seeing nothing 
 wrong he said: 
 
 "Which tooth is it you want extracted?"
 
 THE OSHKOSH CASE. 237 
 
 " Well, I don't know as it makes much difference, this one 
 will do as well as any," pointing to one on the sub-maxillary. 
 " But the tooth is perfectly sound." 
 " I know it. That's all right. You pull it out." 
 " But, my dear friend, you will ruin your mouth. I never 
 pull a tooth unless it is absolutely necessary." 
 
 " Well, I insist on having it out, and if you don't do it I 
 will have to go some place else." 
 
 After further remonstrance and assurance that the Captain 
 was in earnest, the sound tooth was duly extracted, and the 
 cavity can be seen to this day in the Captain's mouth. 
 
 X. 
 
 WORKING THE DENTISTS. 
 
 In a few days after this, Detective Grannan was in New 
 York. In his pocket was a good likeness of Mrs. Mary E. 
 Fagan, alias Alice Pierrepoint, now Mrs. Simon B. Paige. He 
 first called upon his New York correspondents, Fuller's Detec- 
 tive Bureau, 481 & 483 Broadway, and made known the nature 
 of his visit, and the importance of his case. 
 
 Mr. Fuller gave his personal attention to the matter, and 
 worked in conjunction with Detective Grannan, accomplishing 
 some splendid results. They first started out to visit the den- 
 tists. Detective Fuller directed their course to all the first- 
 class artists in this line, and Detective Grannan went in and 
 buzzed them something after this style : 
 
 " Doctor, I want to get a tooth inserted. I wish you would 
 look at the cavity and tell me how long it will take to do the 
 work, and about what it will cost." 
 
 "All right, take a seat." 
 
 Then the doctor made an examination and stated terms, 
 etc., for different classes of work. 
 
 " Yes, that's reasonable. The time required, I'm afraid,
 
 238 HOW TO PROCEED. 
 
 may be too long for me, as I don't expect to be here long. I 
 had a friend who had some elegant work done here some time 
 ago, perhaps a year or over, and she recommended you so 
 highly I think you are the dentist that I determined to call 
 at any rate. Mrs. Fagan, I suppose you remember her ?" 
 
 " Fagan, Fagan, let me see; no, I don't." 
 
 " Perhaps this photograph may freshen your recollection." 
 
 A look at the photograph brought no signs of recognition. 
 Then the Captain said, " Possibly I have gotten the name of 
 the dentist wrong, but that won't matter, as I like the appear- 
 ance of you and your work, and if I find I have time for the 
 work I shall certainly come back here, especially as it would 
 now be futile for me to attempt to find my friend's dentist." 
 
 Then he got away and the same racket was gone through 
 time after time, and day after day was put in at this business 
 until thirty or more dentists had been interviewed in New 
 York City, without results. Then they despaired and went 
 over to Jersey City, and twenty to twenty-five tooth-carpenters 
 of that town were put through the same catechism. This 
 work brought nothing. They then went over to Brooklyn. 
 About the twentieth dentist he struck was Dr. Oran Cobb. 
 
 " Mrs. Fagan? Oh, yes, I remember her well. Have you 
 come to pay her bill? " 
 
 " Well, not exactly," said the Captain. " Does this picture 
 resemble the lady you speak of? " 
 
 " That's the one. That's the lady." 
 
 "Do you know where she lived?" 
 
 "Oh, yes. She lived at 379 Pacific Street, in this city. I 
 understand she is married now, and married rich ; they say a 
 western millionaire. I guess she is abundantly able to pay 
 everything she owes if she will." 
 
 Further talk and inquiry led Dr. Cobb to refer Detective 
 Grannan to his wife, who knew them much better than he did
 
 THE OSHKOSH CASE. 239 
 
 and who could no doubt give him valuable information. Mrs. 
 Cobb was then out. Detective Grannan did not disclose his 
 real character or the nature of his business, and promising to 
 call further about the tooth, he left. Desiring to see Mrs. 
 Cobb alone he watched next day till he saw the doctor go out, 
 then he went to the house and rang. 
 
 "Is Dr. Cobb in?" 
 
 "No, sir, he's just gone out." 
 
 "Is Mrs. Cobb in?" 
 
 "Yes, sir." 
 
 " I would like to see her, please." 
 
 He was asked to wait in the parlor till she came. He in- 
 troduced himself as one of her husband's patients, and got to 
 the subject by stating that the doctor had referred him to her 
 as better posted. She was very pleasant and obliging. She 
 knew Mrs. Fagan well. She had lived at 379 Pacific Street, 
 with her mother and sister. Before coming here they had 
 rooms over Mr.. Cox's silver plating establishment on Fulton 
 Avenue, Brooklyn," and also at Elm Place, a very aristocratic 
 quarter, and their house they had furnished in very elegant 
 style. Mrs. Cobb manifested so much good sense in the mat- 
 ter, and was so courteous and obliging that Detective Grannan 
 took her to a certain degree into his confidence, and told her 
 something of the real nature of his business, speaking of' him- 
 self as an attorney looking the matter up in behalf of the 
 Paiges. 
 
 She was always true to the trust and rendered him much 
 valuable service in his work. 
 
 XI. 
 
 ON THE TRAIL. 
 
 With the assistance of Mrs. Cobb and detectives, principal 
 of whom was Detective Frost, of 64 Orange Street, Brooklyn,
 
 240 HOW TO PROCEED. 
 
 Detective Grannan accomplished a great deal of general work 
 on the case which was only preliminary to the real substantial 
 work to be done later on. He first got a sort of general out- 
 line of their movements in Brooklyn and New York. While 
 living at 379 Pacific Street, they rented the whole house, a 
 three-story brick, and sub-let rooms. Mrs. Fagan and her sis- 
 ter, Laura Libby, worked in New York at Buttrick's pattern 
 establishment. Before coming to this place they had lived on 
 Fulton Ave., Brooklyn, over Mr. Cox's plating establishment. 
 Here they had frequently been hard up, and had asked Mrs. 
 Cox not to throw any thing away that she might have left 
 from the table, as they would be glad to have it; she gave them 
 many things in this way. 
 
 When they left 379 Pacific Street, they went to 25 Elm Place. 
 This is a very aristocratic quarter, and the question was, how 
 could they get money to furnish the house up in a style to cor- 
 respond with the locality ? The place was visited. The lady 
 living there knew nothing of them, but referred to the next 
 door neighbor, who had resided there a long time. This lady 
 remembered the parties well. When they came they furnished 
 the house in good style with new furniture. She thought they 
 were finally put out of the house and the furniture taken 
 away from them. 
 
 Detective Grannan then knew they must have bought the 
 furniture on time. He visited a number of furniture establish- 
 ments, selecting those that sold on payments. About the 
 sixth house he struck was Carr & Murray's Myrtle Ave. 
 Here he found they had contracted for furniture, curtains, car- 
 pets, and, in fact, everything to fit up a house. They bought 
 only the very best goods. They represented themselves as be- 
 ing wealthy and having considerable money in the West, which 
 they received in instalments. Their smooth talk did the work 
 and they got the stuff, paying only fifty dollars down. Mr.
 
 THE OSHKOSH CASE. 24 1 
 
 Carr's statement, made further on, is very interesting reading. 
 
 Captain Grannan could not imagine where they got the 
 $50 to pay on the furniture. He remembered that he had 
 heard talk of a piano in Cincinnati, but so far no trace of it in 
 Brooklyn had been discovered. He visited the freight offices 
 of the proper roads and discovered that a piano had been 
 shipped from the west. What had become of it? The piano 
 houses were then visited in regular order, and finally one was 
 found that remembered the people and the piano. They had 
 loaned them $75 on the piano. The name of the firm was 
 Bance & Benedick, 56 Center St., and the loan was made Oc- 
 tober 13, 1 88 1. Other articles of furniture were also put up 
 here. The piano was manufactured by the Grand Round Pi- 
 ano Co., of Cincinnati, Ohio, and was No. 1,020. The late T. 
 T. Haydock was President of this Company, and he afterwards 
 told Detective Grannan that the piano was bought of them on 
 time, and when they moved it away without knowledge of the 
 Company, and they were about to take action in the matter, 
 the affair was compromised by some friend of the Libbys. 
 Thus the $50 was accounted for. 
 
 The reader can imagine the arduous character of all this 
 work. It was all tedious and expensive. Weeks were spent 
 in accomplishing it all. Detective Grannan really made two 
 or three trips to New York before he had all the information 
 necessary from that point. The great result of his work there 
 he determined to put in the form of depositions of different 
 parties. These depositions contained matter of the most damag- 
 ing and startling character. 
 
 XII. 
 
 INCIDENTS OF THE SEARCH. 
 
 One or two incidents of the work of a rather amusing 
 character occurred worth relating. Friends of the Libbys 
 16
 
 242 HOW TO PROCEED. 
 
 spoke of a picture that hung in the Libby mansion, now 379 
 Pacific Street, to which they had returned, that was believed 
 to be a likeness of the original Fagan, Mrs. Mary E. Fagan's 
 first husband. Detective Grannan wanted that picture. He 
 laid his plans. They rented rooms. Mrs. Wyman, a very in- 
 telligent woman, who had been in better circumstances, rented 
 the third floor rooms back and front from the Libbys and it 
 was through her that he got most of his points. Mrs. Wyman 
 was an old time intimate friend of Mrs. Oran Cobb. This 
 completed the chain. 
 
 Detective Grannan took Detective Frost and went to in- 
 quire for rooms. The plan was, when Grannan got the old 
 woman up-stairs to show the rooms, Frost was to slip in and 
 get the picture off the wall. Copies of it would be taken and 
 the original returned. They rang. Up, out of the basement 
 came the dirtiest, greasiest, most diminutive and God-forsaken 
 specimen of feminine humanity that ever crawled in the sun- 
 light. It was old Mrs. L,ibby. She seemed suspicious; said 
 her rooms were all full, and the scheme to get into the house 
 failed entirely. Detective Grannan talked to her on different 
 matters nearly half an hour and worked every racket his mind 
 could suggest, but it was no go. They tried it again some 
 days after but it wouldn't work. Then Detective Grannan 
 went to a grocery near by where he had become somewhat ac- 
 quainted, and borrowed a baby. With this little thing half 
 clad, in his arms, he again rang the bell. The old woman 
 came, and he began talking about rooms. She had none 
 they were all full. Then he pinched the baby and it began to 
 cry, and he appealed to her that his poor baby was sick and 
 cold; please let him come in and warm the poor thing. 
 "No, sir. I know ye. You can't get in here." 
 So he gave the thing up. She seemed to have got on to 
 him some way, and all efforts to get into the house were un- 
 availing.
 
 THE OSHKOSH CASE. 243 
 
 But Mrs. Wyman had seen a man come there frequently 
 who resembled the picture on the wall. She believed it was 
 Mrs. Fagan's first husband. Detective Grannan was satisfied 
 that Fagan lived. If alive, he was determined to find him. 
 Much progress had been made, but this point was important. ' 
 Fagan must be found, if alive. 
 
 XIII. 
 
 THE SEARCH FOR FAGAN. 
 
 After months of this exhausting labor in tracing the record 
 of the Libbys and Mrs. Fagan in the East, and having the 
 affidavits of over twenty people who had known them person- 
 ally, or had business dealings with them, Detective Grannan 
 returned to Cincinnati. He had a load of evidence, as will be 
 seen further on, that would shake the faith of a Paul in all 
 womankind. He now determined to trace down and find, if 
 possible, Wm. E. Fagan, whom he believed to be alive. He 
 again visited the neighborhood in which the Eibbys had lived 
 on Barr street. The great publicity given to the case rendered 
 it somewhat easier now to find people who knew and remem- 
 bered them. Almost by chance he came upon one, Geo. W. 
 Ryan, a dealer in patent medicines; that is, he furnished agents 
 with all sorts of nostrums, and he knew almost every street 
 fakir in the country. The Captain became acquainted with 
 him, drank and smoked with him; complained of rheumatism 
 in his shoulder; asked if he knew of anything that was good 
 for it. Ryan knew a number of things and recommended 
 them. 
 
 " There is one man that I know could cure me, if I could 
 find him." 
 
 "Who is that?" 
 
 " Wm. E. Fagan. He sold Raven Oil. But I guess he's 
 dead."
 
 244 HOW TO PROCEED. 
 
 "Dead? Hell! I saw him not six months ago. He's as 
 live a man as you ever saw. Why, do you know Fagan?" 
 
 " No, I don't know him," said the Captain, " but I have 
 heard frequently of his oil, and I believe it will cure me." 
 
 "Why, I used to be with that man every day," said Ryan. 
 " I remember one night we went to the Grand Opera House, 
 and he pointed out one of the Pierrepoint girls who was in the 
 ballet, and said she was his wife. He said he could not live 
 with her on account of her mother. She was a regular old 
 vixen. But he loved the woman, notwithstanding she had 
 mistreated him and been untrue to him, and would take her 
 back. After the opera was over we followed them home. She 
 had a sister who was with her in the ballet. They lived away 
 down in the West End, some place on Barr street, I think. 
 Next day he sent her a letter with money. She kept the money 
 but refused to see him." 
 
 " Well, now, I'll tell you," said Detective Grannan, " I am 
 somewhat interested in this man, and would like to know 
 something of him. Where could I find him?" 
 
 " I don't know where he is now. Let me see. I'll tell you 
 a man that ought to know something about him. That is Dr. 
 Phil. T. Williams, up on Sixth street, near John. He treated 
 Fagan and took considerable interest in him I wouldn't 
 wonder if he knew just where he is." 
 
 Detective Grannan then visited Dr. Williams. He had 
 taken considerable interest in Fagan, and the Captain found 
 no difficulty in drawing from him all he knew in the case. 
 Fagan had given him his whole history. The only part of it 
 that we are particularly interested in is his connection with 
 the Libbys. His story to Dr. Williams was something like 
 this: 
 
 Old man Libby called himself a doctor. He made Raven 
 Oil and sold it all over the country. When "Dr." Libby died,
 
 THE OSHKOSH CASE. 245 
 
 the enterprising widow and daughters advertised for some 
 gentleman of means to take charge of the business and run it. 
 Fagan answered the advertisement; their description of the 
 profits to be made were glowing and seductive; he went in. 
 He soon became smitten with the daughter Mary, and married 
 her, Dr. W. thought somewhere in Illinois. They traveled all 
 over the country making and selling the oil. Cleveland, Pitts- 
 burg, Indianapolis, Fort Wayne, Louisville, Memphis, Cincin- 
 nati, in fact, almost every important town in the country they 
 had been in and done business. The old woman got to drink- 
 ing and the girls became too familiar with strange men, busi- 
 ness was neglected, and finally things got so bad he could not 
 stand it. In Cincinnati his wife and her sister got struck on 
 the stage, and he lost all influence over her. In fact, the old 
 woman would not allow him to come near the house. He 
 claimed to love the woman still but said the old woman caused 
 all the trouble. With these pointers, Detective Grannan 
 started out. He first went to Indianapolis. He visited all the 
 Fagans he could hear of within a radius of fifty or sixty miles 
 of the city, but could find no relatives of Wm. E. Fagan. 
 
 At Fort Wayne he found a man who knew Fagan, was cer- 
 tain of it. He started out with Detective Grannan to help 
 trace him down. They traveled over two hundred miles to- 
 gether tracing their man, but could not come up to him. Then 
 the "pointer" gave out, and the Captain followed the clews to 
 Kansas City, found the man they had been after for weeks, 
 and he was the wrong man. 
 
 Then he struck further South, visiting Quincy, Peoria, 
 Springfield and Pekin. He found traces. The Iyibbys had 
 been there years before ; had lived there. He found some of 
 the original circulars used to boom the great, original and only 
 Raven Oil, the great specific for all ills incident to humanity. 
 Here he found the record of the marriage of Mary Libby and
 
 246 HOW TO . PROCEED. 
 
 William E. Fagan, and obtained a copy of the license. They 
 were married on the 9th day of April, 1871,'by the Rev. Jas. 
 W. Harvey, Pastor of the Methodist Church at Pekin. No- 
 body knew anything of them now. Then he came East again 
 and visited Cleveland, Pittsburg, going as far East as Harris- 
 burg, Pa. Then back to Columbus, Xenia, Dayton, Zanes- 
 ville and Toledo. 
 
 Sometimes he heard of their having been there long before, 
 but nobody knew anything of them now. Then a long trip 
 was taken almost across the continent, and the town of Santa 
 Fe, New Mexico, was visited. This was done as a matter of 
 precaution, as Mrs. Mary E. Paige-Fagan had testified that her 
 first husband died at Santa Fe, Texas, and it was barely possi- 
 ble she made a mistake in naming the State. No Wm. E. 
 Fagan had ever been there dead or alive. No burial permit, 
 no record of any kind of such a man could be found. She had 
 lied, which was pretty certain before. 
 
 Detective Grannan then returned to Cincinnati. He had 
 in the meantime, of course, notified all the members of his 
 company throughout the country, who were not nearly so 
 numerous then as now, of the search for the man, and sent 
 them descriptions. Shortly after returning home he received a 
 communication from John B. Axline, a trusted member at 
 Nashville, Tenn. He thought he had the man located and 
 wrote for full particulars. Captain Grannan could not send a 
 photograph but he had a most elaborate description, and gave 
 instructions how to positively identify him. Detective Axline 
 worked the matter well. One of the best evidences outside of 
 his name, which he did not attempt to conceal, was the fact 
 that he still sold Raven Oil on the streets. Axline became ac- 
 quainted with him, gained his confidence, told him some of 
 his own family troubles, how his wife's mother had made his 
 home a hell, etc. This drew Fagan out and he told his story.
 
 THE OSHKOSH CASE. 247 
 
 It was right. Then he made affidavit of the facts learned and 
 sent it to Detective Grannan. 
 
 XIV. 
 
 AFFIDAVITS. 
 
 A final trip was now made to New York. A score or more of 
 affidavits were taken here of friends, acquaintances and business 
 associates of the L,ibbys and Fagans. The Notary who offici- 
 ated in this work was Mr. Albert W. Bailey, Attorney, son of 
 a retired silk merchant of the City of Churches. He did his 
 work thoroughly. We have not space enough to give these 
 depositions in detail. Only the salient points of the most im- 
 portant ones follow : 
 
 Mrs. Wyman, a very intelligent lady, who had evidently 
 seen better times, occupied, as stated, the third floor of the 
 Libby residence. They used to visit back and forth frequent- 
 ly. She deposed that Mrs. Fagan had told her that she was 
 going to marry Paige, a western millionaire; that she cared 
 nothing for him, only for his money, and that she didn't care 
 if he died in an hour after they were married. Their hateful 
 and cruel disposition was shown by their conduct when Mrs. 
 Wyman's little child lay sick of scarlet fever. The Libbys 
 fumigated the house with sulphur until it was almost impossi- 
 ble to live in their rooms, as the fumes naturally ascended. 
 When the child died, Mrs. Fagan and the old woman clapped 
 their hands when the little thing was carried out to the hearse. 
 Mrs. Wyman noticed that Mrs. Fagan was growing stout. 
 Her fleshiness increased and her visits to the third floor de- 
 creased. Isn't there something the matter? Oh, no, I'm eat- 
 ing too many potatoes. After awhile, she was one day taken 
 suddenly and violently ill. Mrs. W. was called down to assist 
 in applying hot cloths. When she got up in a few days, she
 
 248 HOW TO PROCEED. 
 
 was very pale and the abdominal superfluity of flesh had all 
 disappeared superfluous potatoes all gone. 
 
 Finally a large, fine looking man appeared. The Fagan 
 children said it was their uncle, but it turned out to be Mr. 
 Paige. They somehow managed to conceal from him their 
 extreme poverty. The wedding took place, and he then ate 
 his first meal in the house. The meal was eaten in the base- 
 ment kitchen, on an old and extremely plain kitchen table, 
 covered with a ragged piece of oil cloth. 
 
 After the marriage they all went away, and soon she re-ap- 
 peared with the most elegant clothing; half a dozen fine 
 dresses, splendid jewelry and diamonds, and seemed to be rev- 
 eling in luxury. Mr. Paige, discovering the extreme poverty 
 of his new wife, took her out and spent $3,000 on her before 
 they left New York. She always heard them speak of Brook- 
 lyn as their home, and believes they always considered it so. 
 
 Mr. Cox deposed, among other things, that the two girls, 
 Mrs. Fagan and her sister Laura went away every morning 
 and came back at night. That they frequently asked for the 
 leavings of his table, and that the children of Mrs. F. were al- 
 most starved. She told Cox how she had laid the wires to 
 catch the western millionaire ; how she saw an account of his 
 wife's death, and wrote him; how he got mashed on her style 
 of correspondence and came to see her; she said she cared 
 only for his money, and when she married him she would be 
 rich, and would buy large orders of goods from him, to repay 
 him for his kindness. He also deposed that Mrs. Fagan made 
 indecent exposures of her person in his presence. He always 
 considered them permanent residents of Brooklyn. 
 
 Mr. Carr, of Carr & Murray, furniture dealers, of whom 
 they bought the goods to furnish up 25 Elm Place, deposed 
 that they represented themselves as rich, having large proper- 
 ty west; that they received money in installments and could
 
 THE OSHKOSH CASE. 249 
 
 pay best that way ; they bought several hundred dollars worth 
 of furniture and paid $50 cash; when the payments came due 
 they could not pay. He bore with them patiently and long, 
 but finally concluded they never meant to pay him, and noti- 
 fied them that they must pay or lose the furniture. Then Mrs. 
 Fagan took him into her parlor and her confidence. She told 
 him her plans; what she was trying to accomplish; that she 
 was really poor ; that she was about to marry a western mil- 
 lionaire, and it was absolutely necessary to have respectable 
 furniture, when he should come on to see her. 
 
 She pleaded that they were already engaged and as soon as 
 the wedding took place she would have plenty of money and 
 would pay him. Seeing that this did not meet with his favor, 
 she reminded him that he was a single man and suggested that 
 he take a room in her house; she would be everything to him 
 that a wife could be, and would also amply remunerate him in 
 cash when she married the millionaire. He refused her gener- 
 ous offer, as it required money to run his business, and as she 
 could not pay he was compelled to eject, which he did. He 
 always understood that they came to Brooklyn to reside per- 
 manently. 
 
 Twenty-five or more other affidavits were taken, all tend- 
 ing to show the bad character of the family; the scheme of 
 Mrs. Fagan to catch Paige, and the permanency of their resi- 
 dence in Brooklyn. During all this long period of hard work, 
 many opportunities were afforded to see the inside of Metro- 
 politan life. The club houses and theaters were frequently 
 visited; Coney Island and all the neighboring summer resorts 
 and watering places were taken in, thus mingling business 
 with pleasure, having a good time, seeing the world in its cen- 
 ter of greatest activity; observing the depths of crime and 
 degradation in the slums, and the crime and splendor in the 
 gilded halls of the lascivious rich; an experience which is in-
 
 250 HOW TO PROCEED. 
 
 valuable to a detective and all the time working to success- 
 ful issue this great case, in which from the very start it was 
 "diamond cut diamond." 
 
 With this mass of evidence Detective Grannan now re- 
 ported at Oshkosh. The plan of the Paiges briefly was to es- 
 tablish the bad character of the woman; to show that their 
 brother had been the victim of the basest deception ; that her 
 marriage with him was in reality a monstrous fraud; that her 
 first husband was still living, and that her divorce from him, 
 obtained in Cincinnati, was fraudulent and without warrant of 
 law, and, therefore, her marriage with Mr. Paige was in the 
 eye of the law illegal, and she was without just, equitable or 
 legal claim to any part of his estate ; that when she applied 
 for and received her decree of divorce, she was a bona fide 
 resident of New York, and under the law of Ohio not entitled 
 to receive a divorce in her courts. 
 
 XV. 
 
 A SLEIGH RIDE. 
 
 After Detective Grannan had made his report, a little inci- 
 dent occurred of rather an amusing character worth relat- 
 ing. C. C. Paige, Attorney Burnell and Detective Grannan 
 had been in consultation, and had gone entirely over the mass 
 of evidence he had accumulated. "Now," said Grannan, " I 
 want to see this woman. I've done a great deal of work on 
 this case, and have never seen her ; I think I shall go down 
 and have a talk with her." Both Paige and Burnell protested. 
 It would not do. He might want to trace her in the future. 
 Moreover, they didn't believe he could do it. She had grown 
 reticent and non-communicative of late, and would not receive 
 him. 
 
 "Well, I'll go the oysters for the party," said Grannan, 
 "that I'll not only see her and talk with her, but take her but
 
 THE OSHKOSH CASE. 25 1 
 
 sleigh riding before sundown to-night." " We'll go you," they 
 said, and he prepared to make the call. Having learned her 
 number, he rang the bell, and the door was opened by Mrs. 
 Paige, alias Mrs. Fagan, alias Miss Mary L,ibby, alias Miss 
 Alice Pierrepoint, in person. 
 
 "Have I the honor of addressing Mrs. Paige?" said the 
 bland Captain. 
 
 " That is my name." 
 
 " I represent the Herald" handing her a neatly written 
 card prepared for the occasion, " and would like to talk with 
 you about your trouble with the Paiges." 
 
 " Yes, take a seat. I'll tell you frankly," she went on, 
 " while I feel quite friendly toward the Herald, I have been so 
 badly treated by some of the papers that I have just about de- 
 cided to have nothing more to say to anybody about the mat- 
 ter, and my attorney advised me the same way." 
 
 " Our people," interrupted the Captain, " have always been 
 of the opinion that the Paiges were using the enormous influ- 
 ence of their wealth and social position to defraud you of your 
 just rights in this matter, and would be glad to make public 
 your statement of the case, feeling that it is only simple jus- 
 tice that your claims should be as fully and fairly understood 
 as those of the other side." 
 
 " I notice the Herald has given some very fair accounts of 
 the matter, and if you will promise me not to publish anything 
 from the other side, I will give you my version of the story. ' 
 
 " We have already published all of their story that we ever 
 expect to, and I assure you your statement will stand alone." 
 
 Then she gave him a long account of the case from her 
 point of view, much of which Detective Grannan knew to be 
 absolutely false. He took copious notes. When she got 
 through she said, "You know I am publishing a book?" 
 
 " Yes, I heard you were ; when will it be out?"
 
 252 HOW TO PROCEED. 
 
 " Soon, I think. My publishers speak highly of it, but 
 said it needed some finishing touches-; so I have written them. 
 See here," producing a bundle of manuscript. " See that, 'At 
 last in the Toils of the Villian.' That's that rascal Grannan. 
 Why, he's perjured himself a thousand times, and got a dozen 
 or more people in New York and Brooklyn to swear to lies, just 
 to beat me. But I'll show them they haven't got me down 
 yet, and that man Grannan, I'll have him in the penitentiary 
 yet. He's a slick villain. He's done enough to down any 
 woman that hasn't pluck and perserverance, but I'll show him 
 he hasn't downed me yet." 
 
 Detective Grannan expressed his sympathy and hoped she 
 would be successful in her suit, and especially that the rascal 
 Grannan would get his just deserts; said he was comparative- 
 ly a stranger; was very much interested in her case, and would 
 like to hear more of it, etc., and would be delighted to have 
 her accompany him in a sleigh-ride around the city and point 
 out to him the principal objects of interest. She thanked him 
 and accepted, and in an hour they were flying behind foaming 
 steeds along the snow-covered streets of Oshkosh. As he 
 went dashing past the office of Burnell, where he and Paige 
 were waiting, a quiet signal showed their recognition that he 
 had won the wager. It is scarcely necessary vo add that the 
 interview never appeared in the Herald. 
 
 XVI. 
 
 THE FALL. 
 
 The evidence damaging to her case was so massive and 
 voluminous, so thoroughly covering every point of her varie- 
 gated and malodorous career, that she saw the futility of fight- 
 ing it. The papers got hold of some of the facts and pub 
 lished them. She sued the New York \\ T orld for $250,000 for 
 libel, for publishing some facts contained in the affidavits.
 
 THE OSHKOSH CASE. 253 
 
 Hon. Roscoe Conkling was engaged by the World to defend. 
 The Cincinnati Commercial was sued for a like amount, and 
 Win. M. Ramsey was retained as the defendant's counsel. 
 Neither of these suits ever came to trial, as she had no money, 
 and her case had been so badly crippled that it seemed hope- 
 less, and no attorney cared to take hold of it on a contingency. 
 
 Under all these depressing and discouraging circumstances, 
 this woman of brilliant conception and daring execution weak- 
 ened, and gave up the contest. The little bare-footed girl that 
 earned the sobriquet of "Pop Mary" by selling popcorn on the 
 streets of Davenport, who had been jostled against the cold, 
 heartless, and wicked world from earliest infancy, who knew 
 nothing but scheme to force a living out of the stingy world ; 
 this woman, thus demoralized, educated on the street, in the 
 ballet, behind the scenes; with an amazing adherence to pur- 
 pose once formed; an unscrupulousness of method equaled 
 only by her malignity of purpose; this brilliant, scheming ad- 
 venturess at last succumbs to the superior prowess of a more 
 wary, sagacious and powerful mind. 
 
 Discouraged, without money, without hope, she fell more 
 suddenly from her sublime height of wealth and social position 
 than she had risen to it; her career had been that of a magnifi- 
 cent meteor, bursting out brilliantly upon the public gaze, 
 cleaving the social horoscope with swift and dazzling splendor 
 and sinking ignominiously into the oblivion of social obloquy, 
 leaving only a fast fading recollection of her unknown origin, 
 her immoral forces, her demoralizing meridian brilliancy, her 
 sudden and disastrous fall. 
 
 She dropped quietly and suddenly* from public view, and 
 none of her old acquaintances now know what has become of 
 her. Let us hope that the admirable energy of this brilliantly 
 endowed woman has been directed into a more noble channel, 
 and that she is now employing her mental and physical forces 
 to elevate rather than drag down mankind.
 
 CHAPTER VII. 
 
 SWINDLING GAMES AND TRICKS. 
 
 THE devilish ingenuity and fertility of the depraved 
 human mind have produced in all ages and countries a 
 marvelous growth of schemes, tricks, games and de- 
 vices for obtaining money from people without giving 
 value received. In no age or country has the production of 
 these nefarious traps for the unwary been more luxuriant than 
 in the United States now. 
 
 We design in this chapter to give such description of the 
 most important of these as will put every one upon his guard. 
 A careful study of the following pages and proper regard for 
 the principles laid down will save many a man hundreds, per- 
 haps thousands, of dollars. 
 
 GENERAL PRINCIPLES. 
 
 It is an old and trite admonition, but a sensible one, and 
 we repeat it here with emphasis: Never bet on another man's 
 game. 
 
 The reason for this principle is obvious. When a man 
 starts out with a game or a trick of any kind, he proposes to 
 make money. He takes no chances. With him it is only a 
 question of getting suckers to bite. He is bound to come out 
 ahead. The sucker is sure to get the worst of it. In most of 
 the games now practiced, the victim has no possible chance of 
 winning. In some games of chance, there is a small margin 
 of possibility that the player may win something, but the 
 usual ratio is from ten to one to a thousand to one against his 
 winning anything. Let these games alone. No man that ever 
 played them habitually came out ahead in the end. 
 
 2$4
 
 SWINDLING GAMES AND TRICKS. 255 
 
 Never think for a moment that a stranger is going to give 
 yon money. They will tell you this. They will tell you that 
 some one is going to win this money and you might as well 
 have it as anybody. They will profess a liking for you and 
 say they would a little rather see you get it than any one else. 
 But you must always put some money up to get it. Don't be 
 sucker enough to get caught on such cheap, improbable talk 
 as this. 
 
 If you are fool enough to play at another man's game and 
 get caught, as you surely will, always "squeal." These public 
 leeches go about their nefarious work on the theory that a 
 man's pride will prevent him from reporting his loss or mak- 
 ing an outcry. If the victim promptly and vigorously protests 
 and threatens arrest, the chances are they will disgorge their 
 ill-gotten gains. 
 
 There might be circumstances when it would not be politic 
 to attempt to recover your money. If you have been in- 
 veigled into a den of thieves and thugs, desperate men, who 
 have swindled you out of your money, and no police or other 
 assistance is at hand, it would probably be better to accept the 
 situation and retire as easily and gracefully as possible, for the 
 chances would be, if you should begin a quarrel for the return 
 of your money and attempt to make an outcry, that you would 
 be quickly beaten into insensibility and thrown into an alley 
 a very mysterious case of sand-bagging and robbery which the 
 police would never unearth. 
 
 But the best plan is never to be drawn into such places. 
 Never take up with a strange man in the city or with one who 
 claims to know you, but whom you can not remember. Bet- 
 ter take the risk of offending some "old friend of your father" 
 than to be run in and robbed by a banco shark. 
 
 With these preliminary remarks we proceed to explain a 
 few of the common games practiced at the present time-
 
 256 HOW TO PROCEED. 
 
 BANCO. 
 
 This scheme is familiarly called bunko. As practiced in 
 those modern days it requires for its successful operation bold- 
 ness and cunning, a shrewd insight into the weakness of human 
 nature and a skillful manipulation of the keys of human de- 
 Sire, that ought to make a man rich in an honest calling. It 
 was introduced into the mining camps of California forty years 
 ago as a game of chance, but resembled then more nearly a 
 modern game of faro, in which there was a chance of winning 
 something occasionally. It has been entirely changed since in 
 its working, all elements of chance having been removed in 
 fact, although they appear to the player to be as strongly in 
 his favor as ever. The "lay out" is about the only feature of 
 the game that remains the same. Without going into the his- 
 tory of the game further we will attempt to give a description 
 of it. 
 
 Four men generally work banco. They require a room 
 with a table or desk large enough to accomodate the "lay out." 
 This room is usually secured in some quiet part of the city and 
 is only taken by the day or week, for as soon as a few victims 
 are fleeced they usually move to other quarters. The furni- 
 ture must be elegant in style and a business-like air must per- 
 vade the place. The appearance must be strictly first-class, 
 for they are after first-class people, who would at once feel out 
 of place when brought into dingy apartments. They must 
 have plenty of money and give the impression that they are a 
 powerful financial institution. Some who play for smaller 
 game do not need so expensive an establishment. 
 
 The four men are known as the "feeler," the "patterer," 
 the "scout" and the "banker." The "feeler" watches the 
 hotels, ascertains who has arrived, where from, his probable 
 financial condition, and usually makes the break at cultivating 
 his acquaintaince. The "patterer" follows up the "feeler,"
 
 SWINDLING GAMES AND TRICKS. 257 
 
 takes his report and uses it to ingratiate himself still further 
 into the stranger's confidence. The "scout" is the outlook, 
 who keeps the "banker" (who is the inside man who runs the 
 game) apprised of the approach of the "patterer" with a 
 victim. 
 
 The scheme is worked then as follows: 
 
 The "feeler" first ascertains the name of the party and his 
 home. Then he consults a Bank Note Reporter or some pub- 
 lication containing information about the banks of the town 
 from which the stranger comes. He learns the name of the 
 banks of the town and the names also of their officers. All these 
 he reports to the "patterer," who takes up the work at this 
 point. Sometimes a likely-looking victim is seen on the street 
 by the " feeler," and desiring to start business or " raise the 
 wind " at once, he approaches him with a familiar air and ex- 
 claims : " Why, how do you do, Mr. Thompson ? How's the 
 hardware trade up in Greenville?" And then rattles on in a 
 familiar way about half a dozen things that his fertile mind 
 suggests. When the stranger gets a chance he withdraws his 
 hand from the friendly grasp of the gusher and says: "You're 
 mistaken this time, young man. My name is not Thompson, 
 but Goodhue, and I'm a brewer from Singleton." "What! 
 Why, I can't be mistaken. If you are not Thompson you are 
 his double. Well, well, I beg your pardon, sir, for this un- 
 seemly familiarity with a stranger, but I can scarcely believe 
 yet but what you are my old friend Thompson. Good-day, 
 sir." 
 
 Then the "patterer" who is always near at hand is joined 
 and a report is made. He takes up the trail and watches the 
 victim until a reasonable time has elapsed, so that the first in- 
 cident will probably be forgotten, and also till the party gets 
 in the neighborhood of the Banco den if possible. Then he 
 manages to meet the victim and exclaims: "Why, Mr. Good- 
 17
 
 258 HOW TO PROCEKD. 
 
 hue, how do you do? How is everybody down at Singleton? 
 Well, this is surely an unexpected pleasure." 
 
 "You have the advantage of me," falters the Singleton 
 brewer. 
 
 " Why, don't you remember me, the nephew of John Sin- 
 gleton, President of the First National Bank of Singleton?" 
 There is a shade of sadness in his tone at the thought of having 
 been forgotten so soon. If this is a lucky hit he is soon able 
 to convince Mr. Goodhue that he has met him before; if he 
 shot wide of the mark he probably has more trouble, but rattles 
 on, drawing out little by little and putting things together in a 
 shrewd way until he accomplishes his end and confidence is 
 established and they walk together. A social glass is suggested. 
 If that is accepted he steers him to a place where he will be 
 properly dosed for the game. If the drink is declined they 
 dine together. The "patterer" grows confidential and tells 
 him about his studies he is probably attending school and 
 his prospects, where he thinks of locating, etc. At the proper 
 time he confides to him that he has had a little streak of good 
 luck. That he took a dollar of the last monthly allowance 
 sent him by his uncle John and invested it in a lottery ticket 
 and it had drawn a prize; that" in fact he was just on his way 
 to the office to have it cashed when he met him. He shows 
 the ticket and remarks that he would be glad to have his 
 friend walk down with him, the place is not far, and he would 
 see whether there was anything in it or not. This is interest- 
 ing and they walk down to the den together. The "patterer" 
 produces the ticket and hands it to the "banker" asking: "Is 
 this the place where these tickets are cashed?" 
 
 "If it's entitled to a prize it will be cashed here," responded 
 the banker, with pompous business air, and carefully begins 
 the examination of a large docket. Finally he discovers the 
 number and carefully comparing the ticket with the book he
 
 SWINDLING GAMES AND TRICKS. 259 
 
 announces: "Yes, sir, this is a fifth part of a ticket that drew 
 $10,000 at our last drawing. It entitles you to $2,000, and a 
 chance in our special drawing." Then he goes to the large 
 safe and gets the money and counts it out to trje young man, 
 and gives him another ticket. 
 
 "Not so bad for $i," suggests the "patterer" quietly to the 
 sucker. " Don't say anything to Uncle John about this, he 
 might not like it." 
 
 " That extra ticket may draw you as much more," says the 
 banker, as they are about to depart. 
 
 " By the way," says the patterer, " when does this next 
 drawing take place ?" 
 
 " Time is not fixed, but the tickets are about all sold and 
 you might come around tomorrow." 
 
 " I'm going out of the city this evening for a few days," 
 says the " patterer," " and can't be here." 
 
 " Perhaps your friend could attend to it for you," referring 
 to the sucker. 
 
 But he must leave for home. 
 
 "Couldn't we decide the matter now?" asks the bogus 
 nephew. 
 
 " Well, I suppose I could accommodate you if you specially 
 desire," says the " banker." Just step this way. He removes 
 a green cloth from a table and a Banco lay-out is disclosed. 
 Then inviting the " patterer" and his friend to take seats he 
 explains the system. There are forty-one spaces. Twenty-six 
 draw prizes ; twelve are blanks. Others have special significa- 
 tion. The prize numbers pay two for one up to $5,000, or 
 twice the amount staked. The " banker " then produces a 
 roll of bills and a pack of cards. The cards are numbered 
 from one to six. The lowest number on the cloth is eight, the 
 highest forty-eight. The cards are shuffled and the player 
 draws eight cards. The numbers on these eight cards are
 
 26o HOW TO PROCEED. 
 
 added together and if the sum corresponds to a prize number 
 he gets the double of his money. Some numbers are marked 
 " re-present." When the player strikes this he must double 
 his stake. The " patterer " draws but gets a blank. Then it 
 is suggested that if he adds a dollar and draws a prize he will 
 get double. He places the dollar and asks Goodhue to draw 
 for him as he seems to be out of luck. Goodhue draws and 
 wins a prize for his young friend. This is becoming interest- 
 ing. The " patterer " draws again and the " banker " presents 
 Goodhue with a ticket and he draws and wins and is paid his 
 money just as though he had put up. He is getting deeply 
 interested in the game. The " nephew " suggests that they 
 remove some of their winnings. The brewer wants to try 
 again. Next they run against a " steer." This is explained. 
 It entitles them to double, and seven " steers " without a prize 
 gives them back their money. 
 
 " The number 27 is the ' double-steer.' If you draw that I 
 place $500 to the credit of each of you. This remains in chan- 
 cery until you have had seven draws and if you should draw 
 nothing but " steers " you would be entitled to remove all the 
 money you had risked and the $500 in chancery besides." 
 
 By manipulating the cards the number 27 is produced, and 
 $500 placed to the credit of each., Then they continue draw- 
 ing. The "banker" now announces that they must add six 
 dollars to each of their tickets. The " patterer " instantly puts 
 his up. The brewer now for the first time has to expose his 
 roll. They size up his pile and play on. Soon but two draws 
 remain and it requires $250 to " re-present." They hesitate. 
 The " banker " urges that the chances are now largely in their 
 favor ; that they may not only recover the money they now 
 have risked but win a nice sum besides. They put up $250 
 each, and play again. One more chance remains. It requires 
 $1,500 to " re-present." It is put up or lose all. The patterer
 
 SWINDLING GAMES AND TRICKS. 26 1 
 
 goes down after his long roll of prize money and counts out 
 the required amount. Goodhue hesitates again, but he con- 
 siders that he is too far in the game to back out now. Besides, 
 it is explained that there is only one chance of losing, and that 
 is by drawing Banco, or number 28. This seldom occurs, the 
 " banker" says, and they are almost sure of winning the money. 
 The brewer puts up. The draw is made. The numbers add 
 28, and Mr. Goodhue, the wealthy brewer of Singleton, is 
 " bancoed " or " bunkoed." 
 
 People of high standing in their communities who are 
 caught in this trap are frequently quieted by threats of ex- 
 posure. If a customer becomes too urgent in his demands for 
 the return of his money these villains will not hestitate to re- 
 sort to violence. It is almost impossible to catch them, for 
 they are constantly changing their quarters. 
 
 The plan of working, of course, is subject to variations ; 
 that is, the plan of getting the sucker into the den, but the lot- 
 tery scheme is always a part of it and the little lay-out with 
 numbered cards and spaces is a part of the game. The lan- 
 guage used above only represents a supposed case and the talk 
 and inducements will of course be adapted to the circumstances. 
 Again we say, do not take up with persons who seem to know 
 you but whom you can't remember. And when any such 
 strange person tells you of his good fortune in drawing a prize 
 in a lottery, drop him without ceremony or delay. 
 
 THE SAW DUST RACKET. 
 
 This is a game of thief catch thief; a game in which the 
 slick metropolitan schemer lures the country man, who is will- 
 ing to engage in defrauding his neighbors, into his den and 
 fleeces him. The proposition is to sell counterfeit money for 
 about ten cents on the dollar. The person who wants to pur- 
 chase must always go to New York to meet the vender of the 
 " green goods." He makes the purchase, sees the beautiful
 
 262 HOW TO PROCEED. 
 
 money put in a grip sack and expressed to his home, but when 
 he gets an opportunity to examine it and finds nothing but 
 rags, saw dust, old paper, etc., hence the name " saw dust 
 racket." 
 
 New York is the headquarters of this business. From 
 there the country is flooded with circulars. Following is a 
 copy of one actually sent out by the.se sharks, and is a fair 
 sample of them all : 
 
 Dear Sir: Thinking you are in a position to safely handle 
 my " goods," I have concluded to write to you. If I have 
 made a mistake, do me no harm, but let the matter drop. I 
 am willing to prove myself your friend, if you are desirous of 
 engaging in this speculation. If you don't care to engage in 
 it, I hope you will excuse the liberty I have taken in making 
 the proposition. My business is not legitimate, but the "goods" 
 I deal in are safe and profitable to handle. The sizes are " i's, 
 2's, 5's and io's," Old and New issues ; do you understand. If 
 you conclude to answer this letter, I will send you full particu- 
 lars and terms, and I will endeavor to satisfy you that if you 
 are my friend, I will prove a true and lasting one to you. If 
 you have been unsuccessful in your business, I can supply you 
 with " goods " with which you can pay off your debts and 
 start free and clear again. You can purchase mortgages in 
 fact, my goods can be safely used the same as any " money " 
 you ever handled in your life. It was never intended that one 
 man should have millions of money and another nothing, so 
 don't throw away this chance to make a fortune. Others have 
 grown rich around you (no one knows how), so why not help 
 yourself. I manufacture the goods, so in dealing with me you 
 purchase from first hands, and no one shall ever know what 
 passes between us. Answer at once, as this address is only 
 good for three weeks, and be sure and return this letter or you 
 will never hear from me again. I will return your letters, and
 
 SWINDLING GAMES AND TRICKS. 263 
 
 you must do the same with mine. Write to no one else about 
 this business, for, if you do, I am sure to hear of it, and you 
 will never get the " goods." I do not think it safe to trust a 
 person with my goods who is willing to write to any and every 
 one on such a subject. As an evidence of good faith on your 
 part, I ask you to send me all letters you may receive in rela- 
 tion to this matter. Be sure and give your Post Office address, 
 plainly written. Yours most sincerely. 
 
 No name is signed to this letter, but on a separate slip is 
 this address, T. Tucker, 147 Delancy street, N. Y. 
 
 If this circular brings an answer another is sent giving 
 prices at which the " goods " will be furnished. This second 
 circular is usually accompanied by a clipping from a news- 
 paper, or which has every appearance of having been cut from 
 a newspaper, which gives an account of some Government 
 plates having been stolen, and parties printing money from 
 them and putting it in circulation, and how the attempt to 
 convict the parties of passing counterfeit money failed because 
 the Government officers themselves could not swear that the 
 money passed was really counterfeit. This clipping is a fraud 
 as no such thing ever occurred. The parties have a certain 
 form set up like a newspaper with this account in it which 
 they manufacture themselves, for this purpose. A lot of them 
 are printed and this is cut out and of course looks like a news- 
 paper clipping. It is a very clever trick and tends to deceive 
 the shrewdest people who are not on to the scheme. In this 
 second circular also a fictitious name is assigned to the country 
 man by which he is to be known in all future transactions. 
 He is urged to come to New York. That is the only safe way. 
 There he can examine the "goods" and satisfy himself they 
 are all right before purchasing. Further correspondence fixes 
 the time and place of meeting and the signal by which each is 
 to know the other. Farmer Johnson goes to New York. He
 
 264 HOW TO PROCEED. 
 
 meets his friend who is to put him on the highway to fortune. 
 He is escorted to a small room in a secluded part. Piles of 
 the most beautiful new money are shown him. Genuine bills 
 are procured and compared with their " queer goods," and he 
 examines with cautious care, but can discover no difference in 
 any small particular. That money would certainly go without 
 detection. They even suggest that he takes one of the bills 
 out to the cigar stand on the corner and purchase a cigar and 
 see whether it will go. He tries it and the bill is accepted. 
 They sing him the old song about the stolen plates. He is 
 convinced and decides to invest. He counts out his good 
 money, $300, $500, or perhaps $5,000. 
 
 They put up a package of their " goods " very carefully, 
 place it in a small valise, which they propose to present him to 
 carry it in. Just then some interruption takes place, perhaps 
 a knock at the door. "Hist! quiet boys. See who that is, 
 John." 
 
 The little grip is quickly hidden beneath the desk by the 
 main operator^ the door is opened ; only an express messenger 
 with a package. The book is receipted and he gone. The 
 little grip is withdrawn from its hiding place. Then they ad- 
 vise him to express it to his own address, as the .safest way of 
 transmitting it. He falls in with their suggestions. Why not? 
 Are they not his friends? Are they not painting the horizon 
 of his future a rosy hue, and filling his dreams with* broad 
 acres of fertile land, upon which graze hundreds of the fattest 
 cattle? Has he not at their command slept on downy couches 
 in the magnificent mansion of a prince and dreamed of fiery 
 steeds with elegant equipage, happy wife in silk and diamonds, 
 and beautiful children proud of their station? What are the 
 few paltry hundreds he left with his friends? True, 'tis his all, at 
 least it was his all when he left home; but now safely locked in 
 that little satchel and speeding on their way to his rural home,
 
 SWINDLING GAMES AND TRICKS. 265 
 
 by the fastest and safest express are thousands in place of his 
 hundreds ! 
 
 He is impatient to get home. At home he is impatient to 
 get to the express office. Finally he is there. He gets the 
 valise, yes, the same one ah, you precious treasure! Now 
 where shall he go to feast his eyes alone yes, he must be 
 alone. Others must not know of his suddenly acquired wealth. 
 It might excite suspicion. They would not suspect the spurious 
 character of the goods he carried, for it was in every respect 
 the same as Uncle Sam turned out, but he had been away, and 
 they might think he had stolen it. He steps briskly along the 
 street with the step of a millionaire proprietor. Smith, the 
 honest groceryman, is standing in his door, and greets him as 
 he passes: " Helloa! Smith, how's business?" with a tone of 
 familiar superiority. 
 
 " Oh, dull enough," says honest Smith. 
 
 " Guess ye want to sell out. Well, I'll come down some of 
 these days and give you a bid." 
 
 " Make me a bid! " says Smith, to himself. " He couldn't 
 buy a hencoop if there was a rooster in it." 
 
 But where can he go? Up stairs? No, that won't do; the 
 children will surely follow him. There's the woodshed, but 
 John, the oldest boy, is just getting in the wood for the night. 
 That is given up. Ah, the barn ; that's the place, and he lets 
 himself in without being discovered. Old Tommy greets him 
 with a whinny, which startles him. At any other time he 
 would have rewarded the faithful animal with a handful of oats 
 and a gentle caress, but now he feels like cursing him. He 
 creeps stealthily to the hay-mow loft and seeks an obscure 
 place in the extreme rear, where the rays of the setting sun 
 come straggling through a convenient pigeon hole in the 
 boards. Now all is quiet, and he hastens to feast upon his 
 treasure. He takes the tiny key from his pocket, cautiously
 
 266 HOW TO PROCEED. 
 
 he inserts it in the small key-hole and carefully turns. The 
 felicity of anticipation now restrains his eagerness. Deliber- 
 ation takes the place of haste. Why hurry the climax ? Here 
 is happiness in anticipation; in just being about to realize. 
 But if but no, it can't be. What silly thought is this ? Didn't 
 I see the money put in the satchel, and the satchel locked ? 
 And didn't I express it myself? And here it is. I'm a sim- 
 pering idiot. I hope the key won't click when it turns. Now 
 carefully. 
 
 A slight noise announced the bolt had shot. " I wonder 
 what I shall do with all this money ? It won't do to keep it 
 all about. Why, that looks funny ; that package got turned 
 over. Darn my skin, it's busted. Come out here, old fellow. 
 You're a little joker to tease a man this way. Ha, ha, (a sickly 
 laugh), what tricks these express companies do play with one's 
 valuables. Why, I didn't see that bundle of rags put in there. 
 Geminy ! but those fellows do pack a thing carefully ! Well, 
 the great Caesar, look at the saw dust. They must have 
 thought it would break. I guess the package is right under 
 that. Great guns ! what a pile of old paper ! Where's the 
 package ? " 
 
 Great beads of sweat now stand out on his forehead. His 
 hand trembles as it dives to the bottom of the satchel. A fear- 
 ful, sickening apprehension seizes him ; his heart almost stands 
 still; a convulsive shudder passes over him. He is frantic. He 
 turns the satchel upside down. Its worthless contents are be- 
 fore him. Frantically he claws in the hay for the semblance 
 of one little bill. Alas, it is not there. 
 Poor man. He has attempted to do a criminal thing, and 
 he is the first one to suffer himself. His all is gone. There is 
 no recourse. The courts will give him no redress, because he 
 was engaged in an unlawful act. 
 
 The fact is the New York parties had not a dollar of coun-
 
 SWINDLING GAMES AND TRICKS. 267 
 
 terfeit money. These fellows don't deal in counterfeit money 
 at all. The money they have is all good, but they never sell 
 any of it for ten cents on the dollar. They get the dishonest 
 farmer's good money and give nothing in return. The ex- 
 press messenger who came with a package was one of the 
 gang fitted out for the occasion. When the little grip was 
 hastily thrown under the table which stood against the wall, a 
 confederate, in the adjoining room, opened a secret panel in 
 the wall and changed the grip for another, its duplicate, ex- 
 cepting contents. The dishonest sucker knows nothing of the 
 change until he is a thousand miles away, and then in nine 
 cases out of ten they can't tell how the trick was done. It 
 may not be an express messenger who comes, any interrup- 
 tion will do to frighten them into hiding the grip for a few mo- 
 ments. Some opportunity is always made in a natural way for 
 changing the grip. 
 
 Now the question may arise in the minds of some moralists 
 whether farmer Johnson is worthy of any sympathy. That 
 we will not discuss. We have no sympathy for a man who in 
 preparing to defraud his neighbors and friends gets caught 
 himself. There is one thing certain, farmer Johnson, or any 
 other man who attempts this thing, has no standing whatever 
 before the courts. The old legal maxim, " He that comes into 
 court must do so with clean hands," applies here. There is no 
 redress for a man beaten in this game. 
 
 A word of advice to everybody on the saw dust racket : 
 Don't imagine for a moment that you can catch these fellows, 
 for you can't do it. The smartest detectives in the country 
 have tried it and invariably got the worst of it. They have 
 plenty of ready money, in many cases have the police sub- 
 sidized, can produce all the evidence necessary to overwhelm 
 all the testimony any stranger may be able to bring and will 
 always get the person who attempts to catch them into serious
 
 268 HOW TO PROCEED. 
 
 trouble. Don't be criminal sucker enough to bite at their 
 fraudulent criminal proposition. Let them severely alone and 
 you will be safe. 
 
 THREE CARD MONTE. 
 
 This is an old game and one of the "dead sure" kind. Or- 
 dinary playing cards are generally used, any three being taken. 
 The operator often pretends to be a greenhorn, and says he 
 saw some "city chaps" throwing the cards around and he is 
 just trying to see if he could do it. The cards are bent slight- 
 ly from end to end toward the face, making a trough where 
 they lie face up and enabling the operator to catch them easily 
 between thumb and finger when face down. The faces are 
 shown to the victim and then they are thrown rather careless- 
 ly from hand to hand over each other back and forth, and the 
 sucker is asked to pick out one. Suppose the cards are the 
 ace, deuce and trey of hearts, the ace to be selected. The ace 
 is shown, then thrown down on the table and all are passed 
 back and forth a few times. The sucker is asked to pick out 
 the ace. He makes a selection and gets the ace. The player 
 probably says he can't get on to the way that fellow did it. 
 "Now, I've got 'em fixed. Now I'll go you half a dollar you 
 can't pick it." The sucker, who has been watching the cards 
 closely, and knows where the ace is, bets half a dollar and 
 picks the ace. The player seems discomfited, but says he will 
 try it again. "Now, I'll go you $20 you can't pick it." The 
 sucker, who has still been watching the cards and knows just 
 as well this time where it is as he did before, puts up his twen- 
 ty and draws not the ace no, not this time. He gets the 
 deuce or the trey this time. Of course, the fool took the 
 sharper for a sucker, but he got the worst of it himself. It is 
 one of the cleverest accomplishments of these rascals to act 
 the sucker. 
 
 Now the reason the real sucker was so sure he could pick
 
 SWINDLING GAMES AND TRICKS. 269 
 
 the ace was because he discovered that one corner of it was 
 slightly turned up, thus distinguishing it from the others. He 
 thought the manipulator of the cards was so green or lacking 
 in common observation that he did not see it. But that was the 
 very bait set to catch him with. When he drew to win twen- 
 ty the corner of another card was turned up just like the ace 
 had been and the ace card was as smooth as when it was made. 
 It requires very clever and dexterous manipulation of the 
 fingers to accomplish this, but these fellows that follow it for a 
 living become very expert it is impossible to detect them 
 fixing the cards. 
 
 This game is not always played by a man representing 
 himself as a greenhorn. Frequently at county fairs and 
 shows it is played right out for all there is in it, generally in 
 some secluded spot or any place where there are no officers 
 around. As soon as two or three people are fleeced they pick 
 up and move away. 
 
 The player always has two or three confederates, who come 
 up and start the game and win money, then the suckers see 
 how easy it is and bite. 
 
 Never bet on another mail's game. 
 
 SHELL WORKERS. 
 
 This is a variation of Three Card Monte. Little cup- 
 shaped shells are used, the half of the hull of an English wal- 
 nut being generally employed. A little pill of composition used 
 in making rollers for printing presses is the "mascotte" of 
 this game. A box, a barrel head, or any level surface where a 
 small crowd can be attracted, will suffice for the game. The 
 little ball is rolled around and covered first by one shell, then 
 by another. "Pick out the shell that the ball is under for ten 
 dollars," says the head worker. A confederate comes up be- 
 side the sucker and says: "That looks easy. We can beat 
 that. I'll go halfers with you and we'll make a little stake."
 
 270 HOW TO PROCEED. 
 
 The sucker bites. They put up their money and turn the 
 shell. The ball is not there. 
 
 This game is worked so cleverly that many people are 
 caught who have been amply warned, and some who under- 
 stand the principle of the game have even been fooled. When 
 you look at the manipulation of the shells and see how easy it 
 is, notwithstanding this warning, you will think, "It must be 
 there. It can't be any place else. I'd bet all I have or ever 
 expect to be worth that I can pick the shell it's under." Hold 
 on, young man. Don't be too sure. Those men are playing 
 to win your money and they'll get it as sure as you put it up. 
 Let us warn you particularly against this game. It is the 
 most seductive and most dangerous. Don't touch it under any 
 circumstances you are sure to lose your money. 
 
 The fact is, the ball is not under any of the shells at the 
 time the selection is made. By a very quick and skillful 
 movement of the shell and the little finger, they "cop it out," 
 and the poor sucker has no chance at all of winning. Still 
 they are so dexterous in handling the little ball that they can 
 pick up any shell at any time and show you that it is under it. 
 But if you pick it up for money it is not there. 
 
 Never bet on another matCs game. 
 
 CONFIDENCE GAME. 
 
 There is a bold and daring scheme played on wealthy 
 farmers nowadays for big money, that is usually called a confi- 
 dence game. It embraces the features of a confidence game, 
 and, according to the plan recently adopted, winds up with the 
 serious crime of robbery. Two men usually work it. To the 
 farmer they appear to have no connection with each other 
 whatever. They always work farmers who have a healthy 
 bank account. 
 
 A gentleman who has the appearance of a prosperous bus- 
 iness man makes his appearance at the farm house. He is
 
 SWINDLING GAMES AND TRICKS. 271 
 
 probably in a carriage, drawn by a fine team of horses. He 
 has driven out from the county-seat town and is looking for a 
 farm. He may have some other business, but these fellows 
 generally want to buy a farm. He engages the farmer in con- 
 versation, is exceedingly agreeable, and apparently a gentle- 
 man in every respect. He is well informed, too, on farm top- 
 ics, and talks intelligently on all subjects. The farm is looked 
 over. The stranger is asked in to dinner. His horses are put 
 up and fed. He likes the appearance of everything very 
 much. But they can not agree on the price. He goes away, 
 and probably next day comes back again. They always take 
 plenty of time in working this game. Three or four days, or 
 a week, may be spent in this way, until Mr. Farmhunter has 
 come to be quite a favorite at the farm house. He don't make 
 any loose or slip-shod bargain for the farm. He usually drives 
 a very close and business-like bargain, and, in some instances, 
 they have shown themselves exceedingly well posted about 
 the rights of the purchaser of a farm. 
 
 When the proper time comes a second stranger appears 
 upon the scene, meeting the farmer and his pseudo-purchaser 
 at a convenient time and place. There is no telling what his 
 talk will be about, or what his pretended business in the com- 
 munity is. They are not long togethes until, upon some pre- 
 text, a game of cards is proposed. The first man probably 
 advises the farmer that they have nothing to do with him. 
 Still, as a matter of curiosity, they look at what he has. He 
 begins to play his little game, and it looks simple and easy. 
 The first comer is tempted to draw once just for fun no 
 money put up. He draws the winning card. Sometimes if 
 the farmer understands it an ordinary game of draw poker is 
 played. Any game will do upon which they can bet money. 
 The farmer is finally drawn into the play and makes some 
 small winnings, then he loses some, then wins again, and
 
 272 HOW TO PROCEED. 
 
 keeps on winning and the Stranger keeps on putting up 
 more money his pile seems inexhaustible. The game is 
 getting interesting now. The farmer has won several hundred 
 dollars. Of course he hasn't taken it in yet, but it lies there in 
 front of him. It is his; he has won it. Then the last comer 
 begins to grow desperate at his losses and stakes more largely 
 than ever, pulling great rolls of bills from his pockets. The 
 farmer's eyes bulge out at the sight of all that money. " If 
 my luck continues," he says. And it does continue. He 
 loses occasionally, but his winnings keep growing. A thous- 
 and dollars is now in the pile. But the reckless gambler puts 
 up more. 
 
 "Oh, I always could play a pretty stiff hand at poker," the 
 old man says. "Why I remember one time when I was a boy, 
 jist a comin' up to a man like, down to Zeke Higginbottom's, 
 we got to playin' a little game, a cent ante, I guess it wus, an' 
 I had wonderful good luck, jest knocked 'em all out, but law 
 sakes, that wus nothin' like this. Seems a pity like to take all 
 this man's money." 
 
 "That's all right, old man, if you win my money square, I 
 never kick, it's yours. Here goes to win all back or lose all." 
 
 The play goes on biggef than ever. The pile now contains 
 $2,000. Still the bets increase, and still the old man's luck 
 runs on. Now $3,000, $4,000 in the pile. The gambler in 
 desperation empties his pockets and counts down his last 
 thousand. "I stake it all," he says, "on that play. I'll win or 
 go broke." 
 
 The cards are run and the old man wins. 
 
 "By zounds, the most wonderful run of luck I ever saw." 
 says the gambler. 
 
 " I congratulate you on your good fortune," says the farm 
 purchaser. 
 
 "Now, old man," says the gambler, "when I lose I never
 
 SWINDLING GAMES AND TRICKS. 273 
 
 squeal. Here's the money. You've won it and it is yours." 
 And he picks it up to count it over. " But you must remem- 
 ber," he went on, "that you haven't put up any money against 
 mine. I played my good cash against your word. Now, I 
 might have won from you, and I think it no more than right 
 and fair before I turn this money over to you absolutely that 
 you give me some evidence that if I had won $5,000 from you 
 as you have from me that you could pay me. I don't want to 
 play my good money against wind. Can you show up 
 $5,000?" 
 
 The old man hesitates and the farm purchaser says he 
 thinks that is fair. Then the old man says that he hasn't got 
 the money in the house but if he was in town he could get it. 
 So it is arranged that they go to town in order that he may 
 show up his money, to satisfy this man that if he had won it 
 from him he could have paid. 
 
 The farm purchaser, being an outside third party, is prob- 
 ably entrusted with the custody of the $5,000 the old man has 
 won until the matter is settled. They manage to select some 
 secluded place along the way where the farmer is to show up 
 his money. In recent times, the next step has been one of 
 bold robbery, slugging or sand-bagging the old farmer and 
 taking his money from him. Formerly, possession of it was 
 obtained upon some strategy, as for the purpose of counting it, 
 the farm purchaser probably being entrusted with this duty. 
 Possession once obtained of the money, the pair lose no time 
 in getting away. Having a swift team they drive rapidly 
 across the country, striking the railroad at some small station 
 about train time, which they manage to know, and leaving the 
 team, take the train and are many miles away before the alarm 
 is raised. 
 
 Only a few men in the country are working this racket, 
 but they are the boldest and cleverest rascals out of jail. Ev> 
 18
 
 274 HOW TO PROCEED. 
 
 ery farmer should look out for this very alluring and danger- 
 ous trick. In it success means failure you seem to win, yet 
 lose all. And these men will not hesitate at taking human 
 life if necessary when it comes to getting the money. 
 
 THREE BOXES OF CANDY. 
 
 A common trick, worked usually on trains, is the candy 
 box trick. It is generally worked by train boys or young men 
 representing themselves as in the employ of the news com- 
 panies who have the privilege of selling books, fruits, confec- 
 tions, etc., on the train. It is scarcely necessary to say that 
 the sharpers who work this racket have no connection with 
 the news company, or if they have, their nefarious business is 
 done without the knowledge or consent of the company. Of 
 course this may be worked any place, but the train seems pe- 
 culiarly adapted to it. 
 
 The fellow pretends to be selling candy and offers prizes. 
 He has little boxes like trochee boxes, the lid of which en- 
 circles the box and the box slides in and out of the lid. 
 Twenty, thirty or more dollars in bills are placed in a box on 
 top of the candy. The victim sees the money placed in the 
 box, and observes, too, that the box is soiled and one end is 
 slightly rubbed giving it a whitish appearance, the green color- 
 ing being rubbed off. This he of course considers an oversight 
 of the candy man and a sure pointer to the location of the box 
 with the money. Three boxes are used in playing this trick, 
 all alike in size, shape and color, except the one defect noted. 
 They are shuffled over and held out to the sucker with the 
 proposition that he can have the chance of drawing the box 
 with thirty dollars in it for ten. He has watched the shuffling 
 closely, which is usually done rather clumsily, and knows that 
 the box with the money and the whitened end is on the bot- 
 tom. That is like picking up thirty dollars in the street. He 
 just goes a tenner on that and pulls the bottom box with the
 
 SWINDLING GAMES AND TRICKS. 275 
 
 whited end. When he opens it up and finds half a dozen 
 little pieces of cheap candy his eyes hang out on his cheeks. 
 
 The whitened end was the trap set to catch him. The 
 money was placed in the box and the box was on the bottom, 
 but the top box had a whitened end exactly like the bottom 
 one but it was toward the operator and the sucker had never 
 seen it. When he momentarily took his eyes off the boxes to 
 get his money the boxes were turned over endwise, the top 
 box coming on the bottom and presenting apparently the same 
 whited end to the sucker that he had seen before. But the 
 money was not there. 
 
 If the sucker had seen the change in position, and at- 
 tempted to select the top box with the money, he would not 
 have been permitted to do so. Some objection would have 
 been raised, the boxes would have been suddenly struck by a 
 confederate, and knocked out of the operator's hands, or some- 
 thing would have occurred to prevent him from getting the 
 money. They never allow an outsider to win any money, 
 whether he is onto their game or not. So we say, Never bet 
 on another man's game. 
 
 BOOK GAME. 
 
 Very similar to the candy box trick is one worked with 
 books. It is a train trick and worked by apparent newsboys. 
 They say that the Company, in order to encourage the sale of 
 this book, has offered a number of cash prizes, and intimate to 
 the sucker that by a little clever manipulation they can control 
 the distribution of these prizes to a certain extent, and they 
 would like to see him get one, etc. Then they put bills in a 
 book and use these books, all alike, on the same plan as the 
 boxes. 
 
 Don't be sucker enough to think that any stranger wants 
 to put money into your hands for nothing.
 
 276 HOW TO PROCEED. 
 
 BEE HIVE OR HAPHAZZARD. 
 
 A common game about country fairs, picnics, shows, etc., 
 is the old haphazzard racket. This is played with a machine 
 shaped something like a conical bee hive. It is a cone shaped 
 arrangement standing on its base, and in the sides at appar- 
 ently irregular intervals are driven, or fastened, nails or pins. 
 At the bottom, around the base, is a trough, and leading off 
 from this little stalls which are numbered. If a marble is 
 dropped on the top of the cone it will start down the side, 
 striking the pins and jumping from one to another, and finally 
 land in the trough at the bottom, and go into some one of the 
 little numbered stalls. Some of these numbers draw prizes, 
 others do not. 
 
 This is another sure thing game. No outsider ever draws 
 a prize. A very slight movement in the position of the ma- 
 chine will make it draw prizes or blanks at will. This is done 
 without attracting any attention, as though to arrange it in its 
 position. Confederates put up their money and draw hand- 
 some returns. Suckers put up their money and draw nothing 
 but experience, who " teaches a dear school." The old adage 
 says, " but fools will learn in no other." 
 
 STRAP GAME. 
 
 A sure thing game, of a dangerous character, is worked 
 with a soft leather strap about half an inch wide and two feet 
 long. The strap is cut even, and is soft and pliable. The 
 strap is first doubled in the middle, bringing the two ends to- 
 gether. The parts are then pressed flat together and the 
 double strap is rolled, beginning at the end where the strap is 
 doubled and rolling together closely in a tight roll towards the 
 loose ends. In the center of the roll, when finished, can be 
 seen the little loop that begins the roll. In fact, if you look 
 closely, there are two little loops there exactly alike, formed by 

 
 SWINDLING GAMES AND TRICKS. 277 
 
 doubling the strap over itself and it is impossible, almost, to 
 tell which one really begins the roll. The completed roll is 
 laid down on a table or other surface, but still held in the hand 
 of the operator, and the proposition is made that the sucker 
 can not insert his pencil or other sharp pointed instrument in 
 the strap or loop in such a way as to be inside the strap when 
 it is unrolled. It should be observed that as the st^ap is rolled 
 up the outside piece, having the larger circumference to reach 
 around, appears to grow shorter, and the two ends will not 
 be together, sometimes being half the circumference of the 
 roll apart. Now, don't imagine that you can catch the loop, 
 for you can't do it when you have any money up. You might 
 catch it when there is nothing at stake but never when they 
 don't want you to catch it. The reason is that the operator 
 controls that matter entirely and absolutely. He can make 
 you catch it or miss it at will. It is done by the manner of 
 unrolling the strap and depends entirely upon the end of the 
 strap that he begins to unroll with. The ends being uneven 
 he can begin with either one and the other must come along. 
 A few trials with this will make the explanation plain. Don't 
 bet on it. You cant beat it. 
 
 FLIM FLAM RACKET. 
 
 It is scarcely worth while to explain this racket, because a 
 man is always caught on it before he knows it, and hence 
 warnings do no good. It is always played on merchants and 
 dealers, saloon-keepers being favorite victims. Two fellows 
 come into a saloon and call for beer. It is drawn and placed 
 before them. One fumbles in his pocket as though feeling for 
 change, but not finding any hands out a five dollar bill. The 
 saloon keeper changes the bill and gives him back $4.90. 
 Just then, as he is counting down the change, the fellow says: 
 "Oh, never mind, just give me back that bill, here is the 
 change." The saloon-keeper returns for the bill and brings it
 
 278 HOW TO PROCEED. 
 
 back and they put down a dime for the beer. While he was 
 gone for the bill, the $4.90 in change, which he left on the 
 counter, has been transferred to their pockets. He hands back 
 the bill and takes the dime. Perhaps some third party, a con- 
 federate, comes in at this moment and calls for a drink at the 
 other end of the bar, which distracts his attention and adds to 
 the confusion in the saloon-keeper's mind. While he is wait- 
 ing on the other party the first two walk out, $4.80 and two 
 beers ahead. The saloon-keeper may never think of it again, 
 or he may discover it in counting up his cash, or it may come 
 to his mind in thinking the matter over, but in any of these 
 events it is too late. 
 
 "Well, I never would get caught on a trick like that," we 
 hear some one say. We hope not truly, but remember that 
 many very clever business men have been caught on that same 
 simple little trick, and they will continue to be caught on it for 
 all time to come. 
 
 The only advice to be given on this subject is one of busi- 
 ness caution. Always be careful in making change. Finish 
 up one deal before you begin another. 
 
 ANOTHER FLIM FLAM. 
 
 All swindles in making change of money are called Flim 
 Flam. A very common form is worked at shows. Outside 
 ticket agents stand at some distance from the show in the di- 
 rection in which the crowds come, to accommodate the people 
 with tickets who desire to avoid the rush at the ticket wagon. 
 They are not employed by the show people to do this, neither 
 do they get a percentage from the show on the tickets they 
 sell. The truth is they pay the proprietors of the show a 
 goodly sum for the privilege of standing there and selling the 
 tickets, and, of course, they buy the tickets from the show 
 people themselves at the regular rate. They make their money 
 by swindling people in making change. They have what they
 
 SWINDLING GAMES AND TRICKS. 279 
 
 call "flash bills." This, we will suppose, is a five dollar note, 
 folded up rather .small and in a peculiar way. It is "palmed," 
 or held in the harjd concealed. The shark must wait his op- 
 portunity, which comes when some young dude, or perhaps 
 better, an old man whose sight is not very good, comes along 
 and offers a ten dollar bill in payment for his tickets. He 
 takes the bill, folds it up carefully and exactly like the other 
 concealed bill is folded. This he does in full view of the vic- 
 tim. Perhaps, just as he gets it folded up, he will say, 
 "Haven't you something smaller than this, old man?" If the 
 old man finds smaller change he hands a folded bill back to 
 him and takes the small change, giving him as many tickets as 
 he asks for. If he has not smaller change he goes down into 
 his pocket and gives him change for a five dollar note, say four 
 dollars in change and two tickets at fifty cents each. 
 
 " Why, I gave you a ten dollar bill," says the old man. 
 
 " I beg your pardon, sir, you did not. You gave me a five 
 dollar bill. You saw me fold it up here plainly and here it is, 
 the only bill I have." 
 
 " Well, ihat's funny," says the old ,man, "I was sure that 
 was a ten dollar bill." 
 
 "Well you see plainly with your own eyes that it is not," 
 says the sharper, "and so that settles it." And he begins call- 
 ing out his tickets again, and the crowd pushes the old couple 
 along and they go off wondering how that was. It was simply 
 a slight of hand performance by which the ticket seller substi- 
 tuted his prepared five for the old man's ten, and cheated him 
 out of five dollars. If the old man finds smaller change when 
 he asks him to do so, he hands him back the prepared five and 
 the victim probably puts it in his pocket and never looks at it. 
 so certain is he that it is the same bill that he handed him. If 
 he looks at it he settles him the same way as before.
 
 28o HOW TO PROCEED. 
 
 DOUBLE BILL FLIM FLAM. 
 Another method of flim-flaming is as follows: The victim 
 presents say a twenty dollar bill to purchase two tickets to the 
 show. The shark gives him his tickets and counts out his 
 change thus: " five, ten, fifteen and two are seventeen and two 
 are nineteen." The old man probably puts it in his pocket 
 without counting it over again as he has seen it counted out so 
 carefully right into his hand. But when he happens to exam- 
 ine it he will find it five dollars short. The shark has one of 
 the bills doubled around his fingers in a peculiar way so that 
 when he withdraws his hand from counting the change to the 
 old man the bill returns with it and he is five dollars ahead. 
 In the first place never present a large bill to these show people, 
 or any one connected with them, or to any one who travels 
 about over the country and is not to be found in the same 
 place two days at a time. If you have large bills go to a 
 bank or responsible merchant and get change and present the 
 proper amount for the tickets. In the second place if you 
 must take change from the ticket seller always count it at 
 once and in his presence. And when you present a note call 
 his attention to the fact that it is a ten or a twenty as the case 
 may be. 
 
 SNIDE AUCTION HOUSES. 
 
 In every large city there is a class of sharks who run snide 
 jewelry auctions. There is a crier and two or three cappers 
 standing around to give the appearance of a crowd. The crier 
 will be making a much bigger noise than the size of the crowd 
 would seem to justify. We have not time or space to go into 
 a detailed description of these places. They are rank frauds 
 and we say to our country friends, keep out of them. They 
 work especially for strangers from the country. In the first 
 place their stuff is worthless, and if by chance you should buy 
 a watch or other article that had any value, it would be
 
 SWINDLING GAMES AND TRICKS. 28 1 
 
 changed on you, before you would get possession of it, for a 
 similar appearing article worth nothing. Don't imagine you 
 can beat them you can't do it. Let them alone. Keep out 
 and you are safe. If you want to buy a watch go to a re- 
 sponsible dealer and pay a fair price. These sharks are not 
 going to give you something for nothing. 
 
 SOAP RACKET. 
 
 At country fairs, picnics, etc., sharp fellows sell soap, or 
 sometimes boxes of pen points, said to contain cash prizes. 
 These are clever slight of hand performers and arrant swind- 
 lers. No outsider ever draws a prize. When you see some 
 one buy a box of soap and get a five dollar note in it you may 
 know that he is a confederate. They fold the money up before 
 your eyes, place it carefully in a box and drop the box into the 
 large box containing perhaps several hundred boxes of pens or 
 soap as the case may be. But you are deceived. The money 
 did not go in. You may open every box in the pile and you 
 can't find so much as a five cent piece. They are not giving 
 away money. They are there to make money, and every 
 sucker that bites at their bait will get caught. If you want 
 soap go and buy it, and don't think that five dollar bills grow 
 on trees, that people can give them away so liberally. Don't 
 try to get something for nothing. Don't be a sucker. 
 
 RING DROPPING. 
 
 This is an old trick practiced in England a hundred years 
 ago but still in vogue in some places. The swindler and his ac- 
 complices having the sucker in tow find or pretend to find on 
 the street or in some convenient place a little package which 
 upon being opened is found to contain a valuable ring and a 
 receipted bill for "a rich, brilliant diamond ring" is wrapped 
 around it. They do not want to carry the ring with them, 
 being of so great value, and the offer to leave it in the sucker's
 
 282 HOW TO PROCEED. 
 
 safe at his place of business if he will deposit with them some 
 money or his watch or both as security. The ring is worthless 
 and he is swindled, for he never sees them again. 
 
 RINGING THE CHANGE. 
 
 A trick of passing counterfeit coin which makes it appear 
 that some one else is the person doing it. The shark runs a 
 fruit stand perhaps, or other small business. A person conies 
 up to buy a nickel's worth of peaches, and gives him half a 
 dollar to pay for them. The shark vender looks closely at 
 the half dollar, bites it, rings it on the counter, and hands it 
 back to the purchaser with the remark that it is bad. The 
 purchaser gives him other money and departs with a counter- 
 feit half dollar in his pocket. This is only a little slight of 
 hand trick by which the slick vender substitutes a bad coin, 
 which he has "palmed" in his hand waiting for the oppor- 
 tunity, for the good coin which the purchaser presents in pay- 
 ment. The sucker wonders where he got that coin and why 
 he never noticed it before, as it is palpably bad. 
 
 There are other schemes and tricks for swindling unsus- 
 pecting people, but most of them will be found to x be some 
 variation of the ones we have attempted to explain here. It 
 should be remembered that these schemes are not always 
 worked in the exact way we have described. These fellows, 
 are full of resources, always adapt themselves to circumstances, 
 and vary the plan according to necessity. 
 
 We believe if the principles and instructions laid down here 
 are followed that the readers of this book will be saved many 
 thousands of dollars. We can only add: Don't imagine when 
 you see one of these games that you are smarter than any body 
 else and can beat it, for you can't. Let them alone. Don't bet 
 on another man's game. Don't be a sucker.
 
 THe LftW OF BUSINCSS. 
 
 CHAPTER I. 
 
 MEANING OF LEGAL TERMS. 
 
 AMensa et Thoro. From bed and board. Not an ab- 
 solute divorce. (See Divorce.) 
 A Vinculo Matrimonii. From the bonds of mat- 
 rimony. Absolute divorce. 
 Abate. To stop; to put an end to; as to end a suit by the 
 death of a party to it. More commonly, to put away or cause 
 to be removed; e. g., to abate a nuisance. 
 
 Abettor. One who promotes or procures the commission 
 of a crime. (See Accessary.) A person to be an abettor must 
 be present and participate in the commission of the crime. 
 
 Abortion. The expulsion of the foetus from the uterus so 
 early after conception that it has not acquired the power of 
 sustaining independent life. That is before the expiration of 
 the sixth month. If before the expiration of the sixth week it 
 "is usually called miscarriage. Abortion may be brought about 
 by innocent means: as disease, nervous temperament of mother, 
 great debility, excessive venereal indulgence, etc.; or by crimi- 
 nal means: as emetics, cathartics, emenagogues, or external 
 violence to the abdomen or loins, or the introduction of instru- 
 ments into the uterus, which frequently produces the death of 
 the mother as well as of the foetus. If the woman dies in con- 
 sequence of the use of instruments or drugs to procure an 
 abortion it is murder. 
 
 283
 
 284 THE LAW OF BUSINESS. 
 
 Abscond. To depart in a secret manner from the jurisdic- 
 tion of the court, or to lie concealed in order to avoid process. 
 
 Acceptance. Receiving anything with the expressed 
 purpose of retaining it; acceptance of a draft or bill of ex- 
 change is entering into an agreement to pay it when it falls 
 due. It is done by writing the word "Accepted" across the 
 face of the draft when it is presented. 
 
 Accessary. One who is not the chief actor in the perpe- 
 tration of the offense, nor present at its performance, but is 
 some way concerned therein, either before or after the fact 
 committed. 
 
 Accessary Before the Fact. One who, though absent at 
 the time of the crime committed, yet procures, counsels or 
 commands another to commit it. 
 
 Accessary After the Fact. One who, knowing a felony to 
 have been committed, receives, relieves, comforts or assists 
 the felon. 
 
 Accident. In Equity. An unforeseen event, misfortune, 
 loss, act or omission which is not the result of any negligence 
 or misconduct in the party. Bouvier. 
 
 Accommodation Paper. Promissory notes or bills of ex- 
 change made, accepted or endorsed without any consideration. 
 
 Accomplice. One who is in some way concerned in the 
 commission of a crime, though not as principal. 
 
 Acknowledgment. The declaration before a competent 
 officer or court of a person who has executed a deed, that it is 
 his free act. 
 
 Administrator. A person authorized by court to man- 
 age and distribute the estate of an intestate, or of a testator 
 who has appointed no executor, or when the executor declines 
 to act. 
 
 Adult. Any person, of either sex, who is twenty-one 
 years old or more.
 
 MEANING OF LEGAL TERMS. 285 
 
 Affidavit. A statement or declaration in writing and 
 sworn to or affirmed before some officer who has authority to 
 administer an oath. It differs from a deposition in this, that 
 in taking a deposition the opposite party has an opportunity to 
 cross-examine the witness; the affidavit is always ex-par te. 
 
 Alias. (Another?) Applied to a writ issued where one of 
 the same kind has been issued before in the same case. 
 
 Alias Dictus. (Otherwise called?) In its common use this 
 term is contracted to "alias" and means "otherwise called." 
 It is most commonly applied to criminals who sail under sev- 
 eral different names, as John L,arney, alias "Mollie Matches." 
 
 Alibi. (Elsewhere?) Presence in another place than that 
 described. 
 
 Alien. A foreigner, one of foreign birth, who has not 
 been naturalized. 
 
 Alimony. The allowance which a husband by order of 
 court pays to his wife, who lives apart from him, for her main- 
 tenance. It may he pendente lite, i.e., during trial, or perma- 
 nent, i. <?., during their joint lives after termination of suit. 
 
 Amnesty. An act by the government, granting oblivion 
 of past offenses, or immunity from the penalty that would 
 legally follow, generally upon condition that the offender re- 
 turn to duty within a certain period. 
 
 Animo. With intention. 
 
 Animus. The intention with which an act is done. 
 
 Annuity. A yearly sum stipulated to be paid to another 
 in fee, or for life or years. 
 
 Answer. A defense in writing, made by a defendant, to 
 the charges contained in a bill filed by the plaintiff against 
 him. 
 
 Appeal. The removal of a cause from a court of inferior 
 to one of superior jurisdiction, for the purpose of obtaining a 
 review and re-trial.
 
 286 THE LAW OF BUSINESS. 
 
 Appearance. A coming into court as party to, a suit, 
 either as plaintiff or defendant. In civil suits it may be in 
 person or by attorney. x . 
 
 Appellant. One who appeals from one jurisdiction to 
 another. 
 
 Apprehension. The capture or arrest of a person on a 
 criminal charge. 
 
 Arbitration. The investigation and determination of 
 differences between contending parties, by one or more unof- 
 ficial persons, chosen by the persons and called arbitrators or 
 referees (sometimes arbiters). 
 
 Arbitrator, Arbiter. See Arbitration. 
 
 Aristocracy. A form of government in which a class of 
 men rules supreme. 
 
 Arraign. To call a prisoner to the bar of the court to 
 answer to the matter charged in the indictment; upon being 
 arraigned he is called upon to plead guilty or not guilty to the 
 charge. 
 
 Arrest. Apprehending a person and detaining him in 
 order that he may be forthcoming to answer an alleged or sus- 
 pected crime. 
 
 Arson. The malicious burning of the house of another. 
 "House" includes barn, stable, cow-house, dairy-house, etc. 
 
 Articles of Agreement. A written memorandum of 
 the terms of an agreement. 
 
 Assassination. A murder committed treacherously, by 
 surprise or secret assault. 
 
 Assault. An unlawful offer or attempt with force or vio- 
 lence to do a corporal hurt to another. 
 
 Assets. All the stock in trade, cash and all available 
 property belonging to a merchant or company. 
 
 Assignment. A transfer or making over to another of 
 the whole of any property, real or personal, in possession or in 
 action, or of any estate or right therein. Bouvier.
 
 MEANING OF LEGAL TERMS. 287 
 
 An assignment is a transfer by writing and not by delivery. 
 
 Assignee. One to whom the transfer is made. 
 
 Assignor. One who makes the transfer. 
 
 Assumpsit. An undertaking, either express or implied, to 
 perform a parol agreement. 
 
 Attachment. A writ issued by the court commanding 
 the sheriff, or other proper officer, to attach the property, 
 rights, credits or effects of the defendant to satisfy the de- 
 mands of the plaintiff. 
 
 Attest. To witness an instrument in writing, as a deed 
 or lease, by signing one's name to it to prove it and identify 
 it. The person doing this is called an attesting witness. 
 
 Attorney. One who acts for another by appointment. 
 
 Attorney-at-Law. An officer in a court of justice who 
 is employed by a party in a cause to manage it for him. 
 
 Bailee. The one to whom personal property is delivered 
 under contract of bailment. 
 
 Bailiwick. The jurisdiction of a sheriff. 
 
 Bailment. A delivery of something of a personal nature 
 by one party to another, to be held according to the purpose 
 or object of the delivery, and to be returned or delivered over 
 when that purpose is accomplished. Bouvier. 
 
 Bailor. One who bails a thing to another. 
 
 Bankable Paper. Bank notes, checks, notes and other 
 securities for money received as cash by banks where the term 
 is used. 
 
 Bar. To action. A perpetual destruction of the action of 
 the plaintiff. An ordinary claim in the form of an open ac- 
 count is barred in Ohio in six years. 
 
 Barratry. A fraudulent breach of duty, or willful act of 
 known illegality, on the part of a master of a ship, in his 
 character of master, or of the mariners, to the injury of the 
 owner of the ship or cargo, and without his consent. It in-
 
 288 THE LAW OF BUSINESS. 
 
 eludes every breach of trust committed with dishonest views, 
 as by running away with the ship, sinking or deserting her, 
 or embezzling the cargo. 
 
 Bastard. One born of an illicit connection and before 
 the lawful marriage of its parents. One begotten and born out 
 of lawful wedlock. A man is a bastard if born before the mar- 
 riage of his parents, but he is not a bastard if born after their 
 marriage, although begotten before. A man is a bastard if 
 born during coverture under such circumstances as to make it 
 impossible that the husband of his mother can be his father, 
 as if the husband has been absent on a sea voyage for twelve 
 months prior to his birth. 
 
 A man is a bastard if born beyond a competent time after 
 coverture has ceased, as twelve months after the death of the 
 husband or after divorce. Most of the States provide that if 
 a man marry a woman after she has borne children for him, 
 that fact legitimates the children. 
 
 Battery. An unlawful beating or other wrongful physi- 
 cal violence or constraint, inflicted on a human being without 
 his consent. 
 
 Benefit of Clergy. The exemption of the persons of 
 clergymen from criminal process before a secular judge. The 
 privilege was extended in England to all who could read, such 
 persons being, in the eye of the law, clerici, or clerks. The 
 privilege was abridged and modified by various statutes, and 
 finally abolished in the reign of George IV. 
 
 Bequeath. To give personal property to another by will. 
 
 Bequest. Something in the form of personalty left by 
 will to another. 
 
 Bigamy. The state of a man who has two wives, or of a 
 woman who has two husbands living at the same time. If 
 more than two wives or husbands the proper term is polyg- 
 amy.
 
 MRANING OF LEGAL TERMS. 289 
 
 Bill. A complaint in writing, addressed to the chancellor 
 or court in equity. 
 
 Bill of Exceptions. A written statement of objections 
 to the decision of the court upon a point of law. It must be 
 made by a party to the cause and properly certified by the 
 judge or court who made the decision. 
 
 Bill of Exchange. A written order from one person to 
 another, directing the person to whom it is addressed to pay a 
 third person named therein a certain sum of money. 
 
 Bill of Lading. A memorandum in writing signed by 
 the captain or master of a Vessel, or by the carrier or agent by 
 land, that he has received certain goods, specified, at time and 
 place stated, which he promises to deliver in like good con- 
 dition as received to the consignee, at the place therein named, 
 said consignee paying freight for the same. A bill of lading 
 is assignable by endorsement and the assignee is entitled to 
 the goods subject to certain liens. 
 
 ' Bill of Sale. A written agreement under seal by which 
 one person transfers his right to or interest in his personal 
 property to another. 
 
 Birth. The act of being wholly brought into the world. 
 The whole body must be brought into the world and detached 
 from the mother, and after this the child must be alive. The 
 circulating system must be changed the child must have an 
 independent. circulation. It is not necessary that the umbilical 
 cord be separated. That may still connect the child with its 
 mother and yet the other conditions of life, circulation, breath- 
 ing, etc., being present, the killing of it would be murder. 
 
 Black-Mail. In modern use the extortion of money from 
 
 a person by threats of accusation or exposure. The term 
 
 originated in England and was first applied to those rents 
 
 which were paid in grain or labor. They were called black- 
 
 19
 
 2go THE LAW OF BUSINESS. 
 
 mail (reditus nigri) in distinction from white rents (blanche 
 firmes) which were paid m silver. 
 
 The bands of marauders that infested the borders of Eng- 
 land and Scotland about the middle of the sixteenth century- 
 levied contributions yearly from the inhabitants for alleged se- 
 curity and protection. This was called black- mail. 
 
 Bona Fide. In good faith; honestly. 
 
 Bond. An obligation in writing, under seal. It is usually 
 for the payment of money upon certain conditions as the mal- 
 feasance in office of the party for whose good conduct the 
 bondsmen vouch, or the failure of a prisoner to appear in court 
 for trial. 
 
 Bottomry. A contract in the nature of a mortgage by 
 which the owner or master of a ship borrows money for the 
 use of the ship on a specified voyage and pledges the ship as 
 security for the payment. The rate of interest is high and if 
 the ship is lost at sea the lender loses his money. 
 
 Breach. The violation of a contract, obligation, engage- 
 ment or duty. . 
 
 Breach of the Peace. The offense of disturbing the 
 public peace. 
 
 Breach of Trust. The willful misappropriation, by a 
 trustee, of a thing which had been lawfully delivered to him in 
 confidence. 
 
 Breaking Doors. Forcibly removing the fastenings of a 
 house so that a person may enter. An officer armed with a 
 warrant for the arrest of a person charged with a felony may 
 "break doors" and use necessary force to secure the felon. 
 
 Bribery. The receiving or offering any undue reward by 
 or to any person whomsoever, whose ordinary profession or 
 business relates to the administration of public justice, in order 
 to influence his behavior in office, and to incline him to act
 
 MEANING OF LEGAL TERMS. 29 1 
 
 contrary to his duty and the known rules of honesty and in- 
 tegrity. Coke. 
 
 The term bribery is now much broader and includes the 
 offense of giving a bribe to many other officers. 
 
 Buggery. See Sodomy. 
 
 Bullion. Uncoined gold or silver in the mass. 
 
 Burglary. The breaking and entering the house of an- 
 other in the night time with intent to steal or commit a felony. 
 
 Canon Law. A body of ecclesiastical law, which origi- 
 nated in the Church of Rome, relating to matters of which that 
 church claims jurisdiction. 
 
 Capias. A judicial writ, directing the sheriff to take the 
 person of the defendant into custody. The meaning of the 
 word capias is "that you take." It came to denote the whole 
 class of writs by which a defendant's person was to be arrested, 
 because it was the first word of distinctive significance in the 
 writ. 
 
 Capital Crime. One for which the punishment of death 
 is inflicted. The word "capital" is derived from the Latin 
 caput, capitis, meaning head; capital punishment originally 
 meant (and in France and some other countries does yet) 
 "punishment of the head." The head of the condemned was 
 cut off by the axe or sword, but since 1792 by an instrument 
 called the guillotine. 
 
 Carte Blance. (White paper.) Unlimited authority. 
 The signature of one or more persons on a white paper, leaving 
 space over the names for a note or other writing, which some 
 one is authorized to fill up. Notes and checks are frequently 
 signed in blank and are binding on the party signing them, but 
 the blank must be filled up by the very person authorized. 
 
 Castration. The act of gelding or depriving of the tes- 
 ticles. When performed maliciously upon a man it is mayhem 
 and punished generally in this country by fine and imprison- 
 ment.
 
 292 THE LAW OF BUSINESS. 
 
 Casualty. Inevitable accident. 
 
 Cause of Action. Matter for which an action may be 
 brought. 
 
 Caveat. hi Patent Law. A legal notice not to issue a 
 patent of a particular description to any other person without 
 allowing the caveator opportunity to establish his priority of 
 invention. 
 
 Caveat Emptor. (Latin let the purchaser take care.) 
 Used generally in the sale of personal property without any 
 express warranty. 
 
 Certified Check. A check recognized and endorsed as 
 good for the amount of money therein specified, by the proper 
 officer of the bank or firm upon which it is drawn. A check 
 is usually certified by the cashier, or other authorized officer, 
 stamping upon its face the words, "Good when properly en- 
 dorsed," and signing his name to it. 
 
 Certiorari. A writ issuing out of chancery, or a superior 
 court, to call up the records of an inferior court, or remove a 
 cause there depending, in order that the party may have 
 more sure and speedy justice, or that errors and irregularities 
 may be corrected. It is obtained upon complaint of a party 
 that he has not received justice, or that he can not have an 
 impartial trial in the inferior court. 
 
 Character. The sum of qualities which distinguish one 
 person from another. Also defined as "the opinion generally 
 entertained of a person by those who are acquainted with him." 
 The most common motive for introducing a man's character 
 and conduct in proof before a jury is to impeach or confirm the 
 veracity of a witness. It is also done to afford a presumption 
 that a particular party has not been guilty of crime charged; 
 also to effect damages where the amount depends on the char- 
 acter of an individual. 
 
 Chastity. Purity from all unlawful sexual intercourse.
 
 MEANING OF LEGAL TERMS. 293 
 
 A woman may defend her chastity by taking the life of her 
 assailant. 
 
 Chattel. Every species of property whether movable or 
 immovable that is less than a free hold. 
 
 Child. The son or daughter in relation to father and 
 mother. 
 
 Illegitimate children bastards. 
 
 Legitimate children born in lawful wedlock. 
 
 Natural children illegitimate children. 
 
 Posthumous children born after the death of the father. 
 
 Chose. {French, thing?) Personal property. 
 
 Chose in Action. A right to recover a debt, or money, 
 or damages, which can not be enforced without action. 
 
 Citizen. In American Law. One who under the Con- 
 stitution and Laws of the United States has a right to vote for 
 representatives in Congress, and is qualified to fill offices in 
 the gift of the people. Also, and more generally, any native 
 born or naturalized person, of either sex, who is entitled to 
 full protection in the exercise and enjoyment of private rights. 
 
 Code. A body of law established by the legislative au- 
 thority of the State. 
 
 Codicil. Some addition to, or modification of, a last will 
 and testament. The derivative meaning is "a little will." See 
 Wills. 
 
 Coercion. Constraint, compulsion, force. 
 
 Cohabit. To live together in the same house, claiming 
 to be husband and wife. 
 
 Collateral Security. Property or contracts transferred 
 to insure the performance of a principal engagement. When 
 money is borrowed, bonds are frequently deposited with the 
 lender as collateral security to insure its payment. 
 
 Collusion. An agreement between two or more persons 
 to defraud a third person of his rights or to obtain an object
 
 294 TH E LAW OF BUSINESS. 
 
 forbidden by law. Collusion vitiates and makes void every act ' 
 infected with it. 
 
 Commercial, Law. This branch of law embraces those 
 divisions which relate to the rights of property and relations of 
 persons engaged in commerce. 
 
 Common Carriers. Those who carry goods for hire, in- 
 differently, for all persons. 
 
 Common Carriers of Passengers. Those who carry 
 persons for hire and are bound to carry all who offer. Unex- 
 pected press of travel, and means exhausted, would excuse 
 them. 
 
 Common Law. The law that receives its binding force 
 from immemorial usage and universal reception. It is to be 
 distinguished from statute law which derives its authority 
 from legislative enactment, and its rules and principles are 
 only found in the records of courts and in the reports of 
 judicial decisions. 
 
 Common Nuisance. One which effects the public in gen- 
 eral and not only some particular person. 
 
 Common Pleas. In England, the name of a court having 
 jurisdiction, generally of civil actions. Many of the States of 
 the United States have a court of this name, but generally they 
 have both civil and criminal jurisdiction, sometimes extending 
 over the whole State, but more frequently confined to a single 
 county. It is a court of original and general jurisdiction, for 
 the trial of issues of fact and law. 
 
 Competency. The legal fitness of a witness to be heard 
 on a trial. That quality of written or oral evidence which en- 
 titles it to be heard on the trial of a cause. 
 
 Composition. The agreement between debtor and cred- 
 itor whereby the creditor agrees to take a part of the amount 
 due him in satisfaction of the whole. 
 
 Compounding a Felony. The act of a party injured in
 
 MEANING OF LEGAL TERMS. 295 
 
 agreeing with a thief or felon that he will not prosecute him if 
 he will return the goods stolen, or in' taking a reward not to 
 prosecute. 
 
 Compulsion. Forcible inducement to the commission of 
 an act. 
 
 Compulsory acts are not generally binding; but when a 
 man is compelled by lawful authority (as a court) to do that 
 which he ought to do, the compulsion does not effect the 
 validity of the act. But if the court compelled a man to do an 
 unlawful act it would be void. 
 
 Concealment. The improper withholding by one party 
 to a contract from the other of any fact or circumstance which 
 in justice ought to be known. 
 
 Conditions. Terms of a contract. 
 
 Connivance. An agreement, given indirectly, that some- 
 thing unlawful shall be done by another. 
 
 Constitution. The fundamental law of a free country; 
 the organic law which secures the rights of the citizen and de- 
 termines his principal duties. The Constitution of the United 
 States is the supreme law of the country. 
 
 Construction. The determining of the meaning and ap- 
 plication to the case in question of the provisions and con- 
 ditions of a statute, will, or other instrument, or of an oral 
 agreement. 
 
 Conveyance. The transfer of the title of land from one 
 person to another. 
 
 Copy. A true transcript of an original writing. 
 
 Copyright. The exclusive privilege, secured according 
 to certain legal forms, of printing, publishing and selling 
 copies of writings or drawings. 
 
 Coram non Judice. Before one who is not a judge, or 
 one who has no jurisdiction over the particular case or subject 
 matter.
 
 296 THE LAW OF BUSINESS. 
 
 Corporation. A body consisting of one or more natural 
 persons, formed and authorized by law to act as a single per- 
 son, usually for some specific purpose, and endowed by law 
 with the capacity of perpetual succession. 
 
 Corpus Delicti. The essence of the crime. 
 
 Court of Equity. A court which administers justice ac- 
 cording to the principles of equity. 
 
 Court. A body in the government to which the public 
 administration of justice is delegated. The judge or judges 
 themselves, when duly convened, are addressed as "The 
 Court." 
 
 Court of Nisi Prius. A court of original civil jurisdic- 
 tion in the city and county of Philadelphia. It is held by one 
 of the judges of the Supreme Court of the State. Jurisdic- 
 tion, $500 or over. 
 
 Court of Oyer and Terminer. The name of courts of 
 criminal jurisdiction in some States, as New York, Georgia 
 and some others. 
 
 Court of Probate. A court which has jurisdiction in 
 the probate of wills and in the management and settlement of 
 estates of decedents and control of minors' estates, and other 
 persons who are under special protection of law. 
 
 Covenant. A contract, under seal. 
 
 Coverture. The condition or state of a lawfully married 
 woman. 
 
 Credibility. Worthiness of belief. The jury determines 
 the credibility of witnesses, the court their competency. 
 
 Crim. Con. An abbreviation for Criminal Conversation. 
 It means adultery, or unlawful sexual intercourse with a mar- 
 ried woman. 
 
 Crime. An act committed or omitted in violation of a 
 public law, forbidding or commanding it. When the act is of 
 an inferior degree of guilt it is usually called a misdemeanor.
 
 MEANING OF LEGAL TERMS. 297 
 
 Criminal Law. That branch of jurisprudence which 
 treats of crimes and offenses. 
 
 Cross-Examination. The examination of a witness by 
 the party opposed to the party who called him. 
 
 Curtesy. The life estate to which a man is entitled by 
 common law, on the death of his wife, in the lands which she 
 owned in fee simple during their coverture, provided they had 
 lawful issue, born alive and capable of inheriting the estate. 
 
 Customs. Taxes payable on goods imported or exported. 
 
 Damages. The indemnity recoverable by a person who 
 has sustained an injury, through the act, default or negligence 
 of another, either in his person, property or rights. 
 
 Date. The designation in an instrument of writing of the 
 time when and the place where it was made. 
 
 Days of Grace. Certain days, usually three, allowed to 
 the acceptor of a bill or maker of a note in which to pay, in 
 addition to the time contracted for in the bill or note. 
 
 De Facto. Actually; in fact. 
 
 De Jure. Rightfully; lawfully; by legal title. A person 
 who is actually performing the functions and duties of an offi- 
 cer would be an officer de facto, while the one who is legally 
 entitled to the place but is deprived of it is an officer, de jure. 
 
 Dead-Born. A dead-born child is considered in law as if 
 it had never been conceived or born. Non nasci, et natutn 
 mori, pari sunt. (Not to be born and to be born dead are 
 equivalent.) 
 
 Decedent. A deceased person. 
 
 Declaration. A statement in methodical and logical 
 form of the circumstances that constitute a plaintiff's cause of 
 action. 
 
 Deed. An instrument in writing under seal which con- 
 tains an agreement between parties competent to contract and 
 which has been delivered by the party to be bound and ac-
 
 298 THE LAW OF BUSINESS. 
 
 cepted by the other. Most frequently used as the conveyance 
 of real estate, but really applies to any other matter as well. 
 
 Default. Failure to perform a contract. In practice it 
 means the non-appearance of a party to a suit at court within 
 the time prescribed by law. 
 
 Defendant. The party called upon to answer either in 
 law or equity and in civil and criminal suits. 
 
 Deficit. The deficiency that is discovered in the moneys 
 handled or received by an accountant. 
 
 Delivery. In conveyancing. The transfer of a deed from 
 the grantor to the grantee, In Contracts. The transfer of the 
 possession of a thing from one to another. In Medical Juris- 
 prudence. The act of a woman giving birth to her offspring. 
 
 Demand. A request to do a particular thing specified, 
 under a claim of right by the one requesting. 
 
 Demise. The conveyance of an estate in fee, for life or 
 for years. This word also means death, but this is a borrowed 
 or correlative signification. The "demise of the King," Plow- 
 den says, meant only that in consequence of this disunion of 
 the King's natural body from his body politic, the kingdom is 
 transferred or demised to his successor, and so the royal dignity 
 remains perpetual. 
 
 Demurrer. In Pleading. An allegation which admits 
 the truth of matters alleged by the opposing party, but denies 
 their sufficiency in law to maintain the issue, and refusing to 
 proceed until the court decides the question. It means liter- 
 ally a stop or pause. 
 
 Deponent. One who makes a deposition. 
 
 Deposition. The testimony of a witness reduced to writ- 
 ing, in due form of law, and by authority of some competent 
 court, to be used on the trial of some question of fact in a 
 court of justice. The opposing party has a right to notifica- 
 tion of time and place of taking a deposition so they may be 
 present and cross-examine.
 
 MEANING OF LEGAL TERMS. 299 
 
 Descent. Title by descent is the title by which one per- 
 son, upon the death of another, acquires the real estate of the 
 deceased as his heir at law. 
 
 Devise. A gift of real property by a person's last will 
 and testament. 
 
 Devisee. A person to whom a devise is made. 
 
 Devisor. One who devises. 
 
 Disability. The lack of legal capacity, as infancy, insan- 
 ity, etc. 
 
 Discount. Interest withheld in advance from the amount 
 of the loan. 
 
 Dishonor. A note or bill of exchange is dishonored by 
 the refusal or neglect to pay it when due. 
 
 Distress. The taking of a personal chattel out of the 
 possession of a wrong-doer, into the custody of the party in- 
 jured, to procure satisfaction for the wrong done. Bouvier. 
 
 Divorce. The dissolution, or partial suspension, by law, 
 of the marriage relation. See Chapter on Divorces. 
 
 Docket. A formal record of court proceedings. 
 
 Domicil. The place where a man has his true, fixed and 
 permanent home, and to which whenever he is absent he has 
 the intention of returning. 
 
 Dower. A widow's life interest in the lands and tene- 
 ments of her husband. 
 
 Duplicate. The double of anything. 
 
 Duress. Personal restraint, or fear of personal injury, 
 used to compel a person to make a deed, or sign some paper, 
 or commit some offense. 
 
 Elector. One who has the right to vote. 
 
 Embezzlement. The act of fraudulently removing and 
 secreting personal property with the care and management of 
 which the party has been entrusted, for the purpose of apply- 
 ing it to his own use.
 
 300 THE LAW OF BUSINESS. 
 
 Emblements. The right of a tenant to take and remove, 
 after the termination of his tenancy, such products of the land 
 as have resulted from his own labor. The annual crops, corn, 
 potatoes, etc. 
 
 Embracery. An attempt to corrupt or influence a jury, 
 by money, promises, threats, etc. 
 
 Eminent Domain. The power of the government to 
 take private property for public use. 
 
 Enceinte. Pregnant. 
 
 Equity. Natural justice. A branch of remedial justice, 
 by and through which relief is afforded to suitors in causes 
 where there is no relief at law. 
 
 Equity of Redemption. A right which a mortgagor of 
 an estate has of redeeming it after it has been forfeited at law 
 for non-payment. 
 
 Escrow. A deed delivered to a stranger to be by him de- 
 livered to the grantee upon the happening of certain condi- 
 tions. Upon the last delivery the transmission of title is com- 
 plete. 
 
 Estate. -The* degree, quantity, nature and extent of in- 
 terest which a person has in real property. 
 
 Estoppel. The preclusion of a person from asserting a 
 fact by his own previous conduct, inconsistent therewith. 
 
 Eviction. Depriving a person of the possession of his 
 lands or tenements. 
 
 Evidence. That which tends to prove or disprove any 
 matter in question. 
 
 Ex Officio. - By virtue of his office. 
 
 Ex Parte. Of the one part. 
 
 Ex Post Facto Law.- A law relating to the punishment 
 of crime which makes an act criminal which was not a crime 
 when it was committed ; or which makes an offense punishable 
 in a manner in which it was not punishable when it was com
 
 MEANING OF LEGAL TERMS. 301 
 
 mitted. The words mean literally, "by a law made after- 
 ward." The idea is to make a law to fit a particular case 
 which has already happened. The Constitution of the United 
 States says no ex post facto law shall be passed. 
 
 Exception. In contracts. A clause in a deed by which 
 the grantor excepts something out of that which he granted 
 before the deed, hi practice. Objections made to the de- 
 cisions of the court in the course of the trial. 
 
 Executor. One to whom a man commits by his last will 
 the execution or carrying out of the provisions of that will. 
 
 Exemplary Damages. Damages allowed as a punish- 
 ment for torts committed with fraud, malice or violence. 
 
 Exemption. The right given by law to a debtor to hold 
 a portion of his property free from liability to execution at the 
 suit of a creditor, or to a distress from rent. 
 
 Extortion. The unlawful taking by any officer, by virtue 
 of his office, of anything of value that is not due him, or more 
 than is due, or before it is due. 
 
 Extradition. The surrender by one sovereign State to 
 another, on its demand, of persons charged with the commis- 
 sion of a crime within its jurisdiction, in pursuance of a 
 treaty; or by one of the States of the United States to an- 
 other, in pursuance of statutory law. 
 
 Factor. A person employed to sell goods delivered to 
 him, for a compensation, called commission. He always has 
 possession of the goods and thus differs from a broker who 
 sells by sample. 
 
 False Pretenses. In Criminal Law. False representa- 
 tions of facts made with a fraudulent design to obtain money, 
 goods or merchandise with intent to cheat. The representa- 
 tion must be of a present, existing state of things or a past 
 event. An assurance with reference to a future transaction 
 will not amount to a statutory false pretense.
 
 302 THE LAW OF BUSINESS. 
 
 Fault. An improper act or omission which arises from 
 ignorance, carelessness or negligence. 
 
 Fee-Simple. An estate of inheritance. It is the largest 
 possible estate that a man can have, being an absolute estate 
 in perpetuity. The word "simple" adds no meaning to the 
 word "fee" standing alone, but it excludes all restriction as to 
 the persons who may inherit it as heirs, distinguishing it from 
 a fee-tail and from inheritable estates subject to collateral con- 
 ditions. 
 
 Felony. An offense, originally in English Common Law, 
 that was punished by a total, forfeiture of lands or goods, or 
 both, and capital or other punishment may be added according 
 to the degree of guilt. The word has no clearly defined mean- 
 ing in American law, but the statutes of nearly all the States 
 define it fully and clearly. As a rule, however, in most of the 
 States, as Massachusetts, New York, Ohio, it means a crime 
 punishable by death or imprisonment in the State's prison, 
 and no other. 
 
 Female. The sex which bears young. It is a general 
 rule of law that the young of a female animal belongs to the 
 one who owns the mother. 
 
 Feud. Land held of a superior on condition of rendering 
 him services. 
 
 Feudal Law. A system of tenures of real property 
 which prevailed in Western Europe during the middle ages. 
 The feudal tenure was a right to lands on the condition of per- 
 forming services and rendering allegiance to a superior lord. 
 
 Fixtures. Personal chattels affixed to real estate, which 
 may be severed and removed by the party who has affixed 
 them, or by his representative, against the will of the owner of 
 the freehold. Bouvier. 
 
 See "Deed to a Farm." 
 
 Flotsam. Goods, which being thrown overboard from a 
 ship to save the rest of the cargo or passengers, float.
 
 MEANING OF LEGAL TERMS. 303 
 
 Foeticide. Criminal abortion. 
 
 Foreclosure. A legal proceeding by which the mort- 
 gagor's right of redemption of the mortgaged property is 
 closed forever. 
 
 Forfeiture of Bond. A failure to perform the condi- 
 tion on which the obligee was to be excused from the penalty 
 in the bond. 
 
 Forgery. The falsely making or materially altering, with 
 intent to defraud, any writing which, if genuine, might appar- 
 ently be of legal efficacy or the foundation of a legal liability. 
 Bishop 
 
 The statutes of most of the States define forgery with great 
 particularity and reference should be made to them. 
 
 Fornication Unlawful sexual intercourse by an unmar- 
 ried person with another, either married or not. Marriage dis- 
 tinguishes this offense from adultery. 
 
 Franchise. A special privilege conferred by govern- 
 ment or individuals, and not belonging to the citizens by com- 
 mon right; e.g., the elective franchise. 
 
 Fraud. The unlawful appropriation of another's prop- 
 erty, with knowledge, by design, and without criminal intent. 
 Fraud vitiates everything with which it is connected. When 
 proved it avoids a contract ab initio. It is not of itself a 
 crime, for want of criminal intent, though it may become such 
 in cases provided by law. The statutes of the different States 
 define frauds and their punishments. 
 
 Frauds, Statute of. "An Act for the Prevention of 
 Frauds and Perjuries," passed in the reign of Charles II., of 
 England, the object of which was to require certain transac- 
 tions to be in writing. Nearly all the States have adopted 
 some of the many provisions of this celebrated statute. 
 
 Freehold. An estate of inheritance or for life. 
 
 Full Age. The age of twenty-one for both males and fe-
 
 304 THE LAW OF BUSINESS. 
 
 males in all States of the Union excepting Vermont aud Ohio, 
 where a female reaches full age at eighteen. 
 
 Garnishee. A person who has or is thought to have 
 money or property in his possession belonging to a defendant, 
 which money or property has been attached in his hands and 
 he has been garnished, that is, given notice of such attach- 
 ment. 
 
 Gestation. In Medical Jurisprudence. The time during 
 which a female, who has conceived, carries the embryo or 
 foetus in her uterus. This is an extremely important question 
 in determining the legitimacy of children for the inheritance of 
 estates and other important matters may depend upon the 
 settlement, of that point. The usual period of pregnancy is ten 
 lunar months, two hundred and eighty days, equal to nine 
 calendar months and one week. Our laws fix no precise limit 
 but admit the possibility of a birth occurring previous to or 
 after the usual time. 
 
 . Good Will. The advantage or benefit enjoyed by a busi- 
 ness beyond the value of capital, stock, etc., in consequence of 
 patronage from regular customers, or on account of position, 
 or celebrity, or reputation for skill or punctuality, or other ac- 
 cidental circumstances. 
 
 Grand Jury. A body of men consisting of not fewer than . 
 twelve nor more than twenty-four (in this country generally 
 fifteen), who hear accusations in criminal charges and if the 
 evidence is sufficient find an indictment against the party com- 
 plained of. The grand jury hears only evidence against the 
 person charged. The proceeding before the grand jury is not 
 a trial but simply an examination of the evidence against the 
 party to ascertain whether he should be presented to the 
 court for trial. Twelve must concur in order to find a true 
 bill, otherwise it must be ignored. Their operations must be 
 kept strictly secret.
 
 MEANING OF LEGAL TERMS. 305 
 
 Grand Larceny. See Larceny. 
 
 Grant. A transfer by deed of that which can not be 
 passed by livery. 
 
 Grantee. He to whom a grant is made. 
 
 Grantor. He who makes a grant. 
 
 Ground Rent. Rent paid for the privilege of building 
 on another man's land. 
 
 Guarantee. He to whom a guaranty is made. 
 
 Guarantor. He who makes a guaranty. 
 
 Guaranty. A collateral undertaking to pay the debt of 
 another in case he does not. The Statute of frauds provides 
 that such an undertaking must be in writing and signed by 
 the party to be charged. See Surety. 
 
 Guardian. One who has legally the care and management 
 of the person, or the estate, or both, of a child during minority. 
 
 Guardian ad Litem. A guardian appointed to manage 
 the interests of a minor in a suit. 
 
 Habeas Corpus. (Latin, that you have the body.) A 
 writ directed to the person who is detaining another and 
 commanding him to produce the body of the prisoner at a 
 certain time and place. The object is to inquire into the 
 cause of a person's imprisonment with a view to protect his 
 right to personal liberty. This is the most famous writ in 
 the law. It is often called the great writ of liberty because 
 for centuries it has been used to remove illegal restraint upon 
 personal liberty. 
 
 Head of a Family. One who provides for a family. 
 
 Heir. He who succeeds to the rights and occupies the 
 place of a deceased person. 
 
 Heir Apparent. One who has an indefeasable right to 
 the inheritance, provided he outlive the ancestor. 
 
 Hereditaments. Things capable of being inherited, 
 whether corporeal or incorporeal, real, personal or mixed.
 
 306 THE LAW OF BUSINESS. 
 
 Hermaphrodite. A person or animal having the sexual 
 organs of both male and female. In law they are adjudged 
 to belong to the sex which most prevails in them. 
 
 High-Water Mark. The line on the shore reached by 
 the waves of the sea when the tide is at its highest point. 
 
 Highway. A passage, road or street which every citizen 
 has a right to use. 
 
 Homestead. The place of the house, or home place. 
 Homestead farm does not necessarily include all the parcels 
 of land he owns even if they all lie together. This depends 
 upon the intention of the parties and if the term is used in a 
 deed the extent of its application must be gathered from the 
 context. 
 
 Homicide. The killing of a human being by a human 
 being. 
 
 Excusable Homicide. A killing under such circumstances 
 of accident or necessity that the party is relieved from the 
 penalty annexed to the commission of a felonious homicide. 
 Felonious Homicide. A killing committed willfully and under 
 such circumstances as to make it punishable. Justifiable 
 Homicide. A killing committed with full intent but under 
 such circumstances of duty as to render the act one proper to 
 be performed. When the death is intentionally caused by the 
 deceased himself he is called a felo de se. 
 
 House-Breaking. The forcible entry of a house for un- 
 lawful purposes by day light. See Burglary. 
 
 Household. Those who dwell under the same roof and 
 constitute a family. 
 
 Household Furniture: All personal chat': 1 - that con- 
 tribute to the use or convenience of the household or to the 
 ornamentation of the house. 
 
 Household Goods. Everything of a permanent nature 
 used in or purchased lor the house, except goods kept in the
 
 MEANING OF LEGAL TERMS. 307 
 
 way of trade. By permanent nature is meant things not 
 consumed in their enjoyment. 
 
 Householder. Master or chief of a house. 
 
 Hypothecation. A right which has been conferred upon 
 a creditor in or to a thing, which is not delivered into his 
 possession, by which he has the power to cause that thing to 
 be sold and the proceeds applied to the discharge of a debt 
 due him from the person hypothecating. A pledge of goods 
 to secure a debt without delivery of goods so pledged. 
 
 I. O. U. A memorandum of debt used among merchants. 
 It is not a promissory note, for it contains no direct promise 
 to pay. 
 
 Idiot. A person without understanding or sense from his 
 nativity, and whom the law presumes, therefore, never likely 
 to attain any. 
 
 Ignorance. Lack of knowledge. " Ignorantia legis nemi- 
 nem excusat" Ignorance of the law excuses no one. 
 
 Illicit. Unlawful; forbidden by law. 
 
 Imbecility. Mental deficiency, usually congenital, but 
 sometimes resulting from an obstacle to the development of 
 the mind coming on in infancy. 
 
 Impanel. To write the names of the jurors in a panel. 
 See Panel. 
 
 Impeachment. A written accusation against a public of- 
 ficer. In England the House of Commons prefers the charge 
 of impeachment and the House of Lords tries the impeach- 
 ment. In the United States the House of Representatives 
 has the sole power of impeachment and the Senate the sole 
 power to try all impeachments. It requires a two-thirds vote 
 of the Senate to convict. When the President is impeached 
 the Chief Justice presides at the trial. The penalty in cases 
 of conviction shall not extend further than removal from office 
 and disqualification to hold any office of honor, trust or profit
 
 308 THE LAW OF BUSINESS. 
 
 under 'the United States. In Evidence. The allegation and 
 proof that a witness is unworthy of belief. 
 
 Impotence. The incapacity for copulation or propagation 
 of the species. 
 
 In Loco Parentis. In the place of a parent. 
 
 In Personam. A remedy in which the proceedings are 
 against the person, distinguished from those which are against 
 things, in rem. 
 
 In Re. In the matter of; as in re John Doe, in the matter 
 of John Doe. 
 
 In Rem. A form of action where the proceedings are 
 against the thing; distinguished from personal actions, in per- 
 sonam. 
 
 In Statu Quo. In the same situation as ; in the former 
 state. 
 
 Incapacity. The want of a quality legally to do some- 
 thing. 
 
 Incendiary. One guilty of the crime of arson. 
 
 Incest. The carnal copulation or sexual intercourse of a 
 man and woman related in the degrees within which marriage 
 is prohibited by law. 
 
 Incumbrance. Any legal claim or lien upon land con- 
 sistent with the passing of the fee. 
 
 Indemnity. Something given to a person to prevent his 
 suffering loss or damage. When the State takes private 
 property for public use it indemnifies the owner. 
 
 Indenture. A formal written instrument, containing a 
 contract, between two or more persons, in different interests. 
 It was formerly made in duplicate or one copy for each party 
 and then the copies were laid together and indented with 
 some instrument so they would always fit together. The in- 
 denting which gave the writing its name is now done away 
 with.
 
 MEANING OF LEGAL TERMS. 309 
 
 Indictment. A written accusation against a persen of a 
 crime, preferred by a grand jury. 
 
 Indorsement. Writing one's name on the back of a 
 promissory note or other negotiable instrument. 
 
 Indorser. One who indorses. 
 
 Infant. One under the age of twenty-one years. 
 
 Infanticide. The murder of a new born infant. 
 
 Information. The instrument which contains the de- 
 positions of witnesses against the accused. 
 
 Infraction. The violation of a law or a contract. 
 
 Infringement. Trespassing upon the rights secured to 
 a person by a patent. 
 
 Inheritance. A perpetuity in lands to a man and his 
 heirs. The property which is inherited is also called an in- 
 heritance. 
 
 Injunction. A prohibitory writ issued by a court of 
 equity to restrain one of the parties to a suit in equity from do- 
 ing an act which is deemed unjust or inequitable. 
 
 Insanity. Unsoundness of mind. ' In Medical Jurispru- 
 dence. The prolonged departure, without any adequate cause, 
 froni'the states of feeling and modes of thinking usual to the 
 individual in health. 
 
 Insolvency. The condition of. a person who from any 
 cause is unable to pay his debts. 
 
 Instrument. The writing which contains some agree- 
 ment, so called because it has been prepared as a memorial of 
 what has been agreed upon. The instrument is the evidence 
 of the agreement. 
 
 Insurance. A contract by which one party undertakes 
 for an agreed premium to indemnify another against loss on a 
 specified thing by specified perils. 
 
 Interest. In Contracts. A man's right of property in a 
 certain thing. In Debts. The compensation paid by the 
 borrower to the lender for the the use of money.
 
 3IO THE LAW OF BUSINESS. 
 
 Interlineation. Writing between the lines. 
 
 Interpretation. The explanation of the meaning of 
 any signs used to convey ideas. 
 
 Intestate. One who, though competent to do so, has 
 made no will, or having made one, has made it null on ac- 
 count of defective form. 
 
 Invention. The act of finding out or devising some- 
 thing new, something which did not exist before. 
 
 Inventory. An enumeration in writing of the goods and 
 chattels, rights and credits of a testator or an intestate. 
 
 Issue. In the Law of Realty. All persons who have de- 
 scended from a common ancestor. In Pleading. A single, 
 certain and material point deduced by the pleadings of the 
 parties which is affirmed on one side and denied on the other. 
 
 Jeopardy. Peril; danger. The United States Constitu- 
 tion provides that a man shall not be put twice in jeopardy 
 for the same offense. A prisoner is in jeopardy when a trial 
 jury is sworn and impaneled. 
 
 Jettison or Jetsam. Goods which, thrown overboard 
 from a ship to save the rest of the cargo or passengers, sink. 
 
 Judgment. The conclusion of law upon facts found or 
 admitted by the parties, or upon default in the course of the 
 suit. 
 
 Jurisdiction. The authority by which judicial officers 
 take cognizance of and decide causes. 
 
 Jurisprudence. The science of law. 
 
 Jurist. One versed in the science of law. 
 
 Jury. A body of men who are sworn to declare the facts 
 of a case as they are delivered from the evidence placed before 
 them. 
 
 Justification. In Pleading. The allegation of matter 
 of fact by the defendant, showing his legal right to do the 
 thing complained of by the plaintiff.
 
 MEANING- OF LEGAL TERMS. 311 
 
 Key. An instrument made for shutting and opening a 
 lock. Keys of a house are real estate and go to the heir or 
 the purchaser. Delivering the keys of a warehouse to a' pur- 
 chaser of goods locked up there, with a view of so delivering 
 the goods, completes the delivery. Keys may be used as im- 
 plements of housebreaking. 
 
 Kindred. Relations by blood. All kindred are: 1. De- 
 scendants, as children; 2. Ascendants, as father, mother; 3. 
 Collaterals, as brother, uncle. 
 
 Laches. Negligence. 
 
 Landlord. Popularly, one who owns lands or tenements 
 which he rents out to others. 
 
 Larceny. The wrongful and fraudulent taking and car- 
 rying away by one person of the personal goods of another 
 from any place, with a felonious intent to convert them per- 
 manently to the taker's own use and make them his property 
 without the consent of the owner. 
 
 Grand Larceny and Petit Larceny are divisions of the 
 crime based entirely upon the value of the thing stolen, and the 
 division is fixed by Statute in the different States. In Ohio 
 the taking of anything of the value of thirty-five dollars or 
 more is grand larceny; under that petit larceny. 
 
 Law Merchant. The general body of commercial usages 
 in matters relating to commerce. 
 
 Lawful Money. Money which is a legal tender in the 
 payment of debts. 
 
 Leading Question. A question which suggests the an- 
 swer desired. Leading questions are not permitted in ex- 
 amination in chief. 
 
 Lease. A contract for the possession and profits of lands 
 and tenements, either for life or for a term of years, or during 
 the pleasure of the parties. 
 
 Legacy. A gift by last will.
 
 312 THE LAW OF BUSINESS. 
 
 Legal Tender. That currency or money which has 
 been made suitable by law for the purposes of a tender or 
 offer in the payment of debts. 
 
 Legatee. A person to whom a legacy is given. 
 
 Legislature. The law making body of a State. 
 
 Legitimacy. The state of one born in lawful wedlock. 
 
 Letters of Marque and Reprisal. A commission 
 given by the government to a private individual to take the 
 property of a foreign State, or of the citizens or subjects of 
 such State, as a reparation for injury committed by that State 
 or its subjects. 
 
 Levy. To raise; the raising of the money for which an 
 execution has been issued. 
 
 Libel. In Torts. That which is written or printed, and 
 published, calculated to injure the character of another by 
 bringing him into ridicule, hatred or contempt. 
 
 Lien. A hold or claim which one person has upon the 
 property of another as the security of some debt or charge. 
 
 Limitations. Statutes prescribing the time within which 
 a party having a cause of action may appeal to the courts for 
 redress. See "Statutes of Limitations." 
 
 Liquidate. To pay; to settle. 
 
 Liquidated Damages. Damages whose amount has been 
 anticipated and agreed upon by the parties prior to the breach. 
 
 Litigation. A contest in a court of justice to enforce a 
 right. 
 
 Loan. A bailment of an article for use or consumption 
 without reward. The loan of money is an exception, being 
 usually for a reward. When an article is loaned for consumption 
 it must be returned in kind, as, a loaf of bread. The prop- 
 erty passes to the borrower. When the loan is for use the 
 identical article must be returned, as a gun loaned for hunt- 
 ing. The property remains in the lender.
 
 MEANING OF LEGAL TERMS. 313 
 
 Loss. In Insurance. The destruction of the property in- 
 sured by the perils insured against, according to the provisions 
 of the contract. If a house is insured against fire and should 
 be blown to pieces by a tornado or swept away by a flood this 
 would not constitute a loss within the policy. 
 
 Magna Charta. The Great Charter of English liberties. 
 It was wrung from King John by his barons, assembled in 
 arms, on the 19th of June, 12 15. It was given by the King's 
 own hand on a little island in the river Thames, in the County 
 of Buckinghamshire. The island is called to this day Magna 
 Charta Island. Magna Charta has thirty-seven chapters. The 
 most celebrated is chapter 29, which confirms the right to 
 trial by jury. 
 
 Maintenance. Support; aid; assistance. 
 
 Majority. The condition of a person who has arrived at 
 full age. In voting. The greater number ; more than all the 
 opponents. 
 
 Malfaesance. The unjust performance of some act 
 which the party had no right to do, or had contracted not 
 to do. 
 
 Malice. In Criminal Law. Doing a wrongful act inten- 
 tionally, without cause or excuse. 
 
 Mandamus. A writ, issuing generally out of the highest 
 court of general jurisdiction in a State, requiring^ some person, 
 corporation or inferior court within its jurisdiction, to do some 
 particular thing specified, arid which pertains to their office or 
 duty. 
 
 Manslaughter. In Criminal Law. The unlawful kill- 
 ing of another without malice. Manslaughter differs from 
 murder in lacking the essential elements of malice and pre- 
 meditation. There being no premeditation, there can be no 
 accessories before the fact. Manslaughter may be voluntary, 
 as when the person intends to produce the injury, or involun-
 
 314 THE LAW OF BUSINESS. 
 
 tary, as that which occurs without the intention to inflict the 
 injury but in the performance of an unlawful act. The differ- 
 ent grades of homicide are defined and their punishments 
 fixed by the statutes of the various States. 
 
 Maturity. The time when a note or bill becomes due. 
 
 Mayhem. In Criminal Law. The maiming of a person 
 by depriving him of any of his members which are necessary 
 for his defense or protection, as the cutting off of a man's 
 finger or hand, or striking out his eye. 
 
 Medical Jurisprudence. That science which applies 
 the principles of medicine and surgery to the settlement of 
 doubtful questions which arise in courts of law. 
 
 Mesne. Intermediate; the middle between two extremes. 
 
 Mesne Process. All writs necessary to a suit between 
 primary process or summons and final process or execution. 
 
 Minor. One not twenty-one years old. 
 
 Miscarriage. In Medical Jurisprudence. The expulsion 
 of the embryo from the uterus within the first six weeks after 
 conception. Between that time and the end of six months it 
 is called abortion, and if soon after the sixth month and before 
 full time it is called premature labor. These terms, miscar- 
 riage and abortion are commonly used without any reference 
 to these divisions of time and in criminal law the act of de- 
 stroying a foetus any time before birth is called procuring mis- 
 carriage. 
 
 Misdemeanor. Every offense inferior to felony, punish- 
 able by indictment or particular prescribed proceedings. 
 
 Misfeasance. The performance of a lawful act in an im- 
 proper manner, by which another person receives an injury. 
 
 Misprision. The concealment of a crime, as felony, 
 treason. It is the duty of every good citizen knowing of a 
 felony or treason having been committed to inform some 
 magistrate.
 
 MEANING OF LEGAL TERMS. 315 
 
 Mistake. Some unintentional act, omission or error aris- 
 ing from ignorance, surprise, imposition, or misplaced confi- 
 dence. Story. 
 
 Mitigation. Reduction of the amount of a penalty or 
 punishment. 
 
 Moiety. The half of anything. 
 
 Monarchy. A government ruled either really or theo- 
 retically by one man, who is wholly set apart from all other 
 members of the State. 
 
 Money. The common medium of exchange in a civilized 
 nation. The Constitution of the United States says that " the 
 Congress shall have power to coin money ;" and again that 
 "no State shall coin money or make anything but gold and 
 silver a legal tender in payment of debt." While these con- 
 stitutional provisions seem to make the money of the country 
 synonymous with coin, s*till the Supreme Court of the United 
 States has decided that the notes issued by the government 
 were legal and they have become an important part of our 
 circulating medium. 
 
 Moral Obligation. A duty which a person owes and 
 ought to perform but which he is not legally bound to do. 
 
 Mortgage. The conveyance of an estate or property by 
 way of pledge for the security of debt, and to become void on 
 the payment of that debt. The mortgagor usually retains 
 possession if the thing pledged is real property. 
 
 Murder. In Criminal Law. The willful killing of any 
 person with malice aforethought. In nearly all the States 
 murder has been divided into degrees. A killing with malice 
 and premeditation, as by poisoning or lying in wait or when 
 the preparation for the act can be shown; or a killing com- 
 mitted in the attempt to perpetrate any arson, burglary, rape 
 or robbery, is called in most of the States murder in the first 
 degree. All other kinds of murder are considered murder in
 
 316 THE LAW OF BUSINESS. 
 
 the second degree. Some States have third degree murder, 
 others manslaughter. The exact divisions of this crime in the 
 States can only be learned by reading their respective statutes. 
 
 Mutiny. Insurrection against constituted authority, par- 
 ticularly military or naval authority; concerted revolt against 
 the rules of discipline. 
 
 Nation. An independent body politic. 
 
 Naturalization. The act by which an alien becomes a 
 citizen of the United States. 
 
 Negotiable. In Mercantile Law. A contract which is 
 capable of being transferred by endorsement and delivery (if 
 made to A or order), or by delivery alone (if made to A or 
 bearer), the assignee in either case having the right to sue on 
 the contract in his own name. 
 
 Next of Kin. A term used to designate the relations of 
 a party who has died intestate. 
 
 Night. That space of time during which the sun is 
 below the horizon of the earth, except a short period called 
 commonly twilight, before rising and after setting, during 
 which a man's face may be discerned. This is important 
 sometimes in determining the crime of burglary, which can 
 only be committed in the night time. If the face can be re- 
 cognized by the fading sunlight it is not night and a breaking 
 and entering another's house at that time is not burglary but 
 housebreaking. 
 
 Nolle Prosequi. (Latin. To be unwilling to prose- 
 cute.) An entry made on the record by which the public 
 prosecutor declares that he will not proceed against a defend- 
 ant charged criminally, or a plaintiff, that he will not proceed 
 against the defendant in a civil action. A' prosecutor can 
 enter nolle pros, before the jury is impaneled or after convic- 
 tion without the consent of the defendant, but not after the 
 jury is impaneled.
 
 MEANING OF LEGAL TERMS. 317 
 
 Nominal Damages. A trifling sum awarded to a plain- 
 tiff who has sued for damages and shown a breach of duty on 
 the part of defendant but no serious loss resulting therefrom. 
 
 Nonsuit. The name of a judgment given against a 
 plaintiff, 1, when he abandons his cause or absents himself 
 from court when called and allows judgment for cost to be 
 entered against him ; or 2, when he has given no evidence on 
 which a jury could find a verdict. A nonsuit is no bar to 
 another action for the same cause. 
 
 Not Proven. In Scotch Criminal Law. A verdict some- 
 times given by a Scotch jury when the evidence against a 
 prisoner was so strong that they did not dare acquit him and 
 yet not sufficient to convict. This verdict had the effect of 
 acquittal in that the defendant could not be tried again for the 
 same offense, yet the effect upon his reputation was far dif- 
 ferent, for it cast an indelible stigma upon his name. 
 
 It was as if the jury should say, "We believe him guilty 
 but can't prove it." 
 
 Nudum Pactum. (Latin. A naked contract.) A con- 
 tract without any consideration. 
 
 Nuisance. Anything that unlawfully worketh hurt, in- 
 convenience or damage. 
 
 Null. That which has no more effect than if it did not 
 exist. 
 
 Nullius Filius. A bastard; nobody's son. 
 
 Nuncupative Will. An oral will declared by testator 
 in extremis (in his last moments) before witnesses and after- 
 ward reduced to writing. 
 
 Oath. An outward pledge given by the person taking it 
 that his attestation or promise to tell the truth is made under 
 an immediate sense of his responsibility to God. 
 
 Office. A right to exercise a public function or employ- 
 ment and to take the fees or emoluments belonging to it.
 
 318 THE LAW OF BUSINESS. 
 
 Onus Probandi. The burden of proof. 
 
 Ordinary Care. That degree of care which men of or- 
 dinary prudence exercise in taking care of their own property. 
 
 Oyez. The sheriff or other court officer opens court, and 
 public criers sometimes call attention to a proclamation by re- 
 peating this word three times. It means "hear ye," and is 
 usually wrongfully pronounced O yes. 
 
 Panel. A schedule or roll containing the names of jurors 
 summoned by virtue of a writ of venire facias. 
 
 Parliament. The legislative branch of the government 
 of Great Britain. It consists of the House of Lords and the 
 House of Commons. Membership in the House of Lords is 
 inherited. Membership in the Commons is by election by 
 the people. The sovereign has no right of veto, Queen Anne 
 being the last sovereign who exercised that prerogative. 
 
 Parol. (French word, speech.) A term applied to con- 
 tracts not under seal. Parol contracts may be written or 
 verbal, but if written have no seal. 
 
 Parol Evidence. Evidence delivered verbally by the 
 witness. 
 
 Parole. The agreement of persons captured in war that 
 they will not again take up arms against those who captured 
 them, either for a limited time or during the continuance of 
 the war. 
 
 Parricide. The unlawful killing of father or mother; the 
 murder of any one to whom reverence is due. Blackstone ap- 
 plies the word to one who kills his child. 
 
 Parties. To Contracts. Those persons who engage 
 themselves to do the things set forth in the agreement. To 
 Suits in Law or Equity. The plaintiff and defendant. 
 
 Partners. Members of a partnership. 
 
 Partnership. A voluntary contract between two or 
 more persons capable of contracting, for joining together their
 
 MEANING OF LEGAL TERMS. 319 
 
 money, goods, labor and skill, or any of these, in some lawful 
 business, with an understanding that there shall be a division 
 of profits between them. 
 
 Patent. A grant by which the United States secures to 
 inventors for a limited time the exclusive use of their own in- 
 ventions. 
 
 Also, the title deed by which the government conveys its 
 lands. 
 
 Payment. The discharge in money of a sum due. 
 
 Penitentiary. A prison for the punishment of convicts. 
 
 Peril. An accident by which a thing is lost. 
 
 Perils of the Sea. A term used in bills of lading. It 
 refers to a class of dangers to goods carried which common 
 carriers do not undertake to insure against by virtue of their 
 general undertaking. The term seems to have been extended 
 in its application in the United States to include perils of the 
 river. 
 
 Perishable Goods. Goods whose value decreases by be- 
 ing kept. 
 
 Perjury. The willful giving, under oath, in a judicial 
 proceeding or court of justice, of false testimony material to 
 the point at issue. 
 
 Perquisites. Something derived from a position or of- 
 fice in addition to the regular salary or fee. 
 
 Personal Chattels. Things movable, which may be 
 annexed to or attendant upon the person of the owner and 
 carried about with him from one part of the world to another. 
 
 Personal Property. The right or interest less than a 
 freehold that a man has in realty, or any right or interest in 
 things movable*. 
 
 Petit Jury. (Pronounced petty.) A jury of twelve men 
 impaneled to try causes in a court of justice. Called petit in 
 distinction from the grand jury, which see.
 
 320 THE LAW OF BUSINESS. 
 
 Petty Larceny. In Ohio, larceny of sum less than 
 thirty-five dollars. See Larceny. 
 
 Pettifogger. One who pretends to be a lawyer, but 
 possesses neither knowledge of law nor principle. 
 
 Pickpocket. A thief who steals from the pockets or per- 
 son of another without putting him in fear. 
 
 Piracy. A robbery or forcible depredation on the high 
 seas without lawful authority (as letters of marque) and done 
 in the spirit of universal hostility. In Torts. Plagiarizing or 
 stealing from a book, engraving or other work for which a 
 copyright has been taken out. 
 
 Pirate. A sea robber. 
 
 Plagiarism. The act of appropriating the ideas and 
 language of another and passing them for one's own Bouvier. 
 
 Plaintiff. The one who seeks a remedy at law for an 
 injury to his rights. 
 
 Plea. Equity. A special answer showing cause why the 
 suit should be dismissed or delayed or barred, In Law The 
 defendant's answer by matter of fact to the plaintiff's declara- 
 tion. This differs from demurrer, which is an answer by mat- 
 ter of law. 
 
 Pleading. -^-The stating in a legal form of the facts which 
 constitute the plaintiff's cause of action or the defendant's 
 ground for defense. 
 
 Plenipotentiary. Possessing full powers. 
 
 Poaching. Unlawful entering land in the night time, 
 armed, with intent to take or destroy game. 
 
 Poison. Any substance having an inherent injurious 
 property which renders it capable of destroying life when 
 taken into the system. 
 
 Polyandry. The condition of a woman who has several 
 husbands. Polyandry is legalized in Thibet only. 
 
 Polygamy. The state of a person who marries another
 
 MEANING OF LEGAL TERMS. 321 
 
 with the knowledge that he already has two or more wives or 
 that she has two or more husbands. 
 
 Post Mortem. After death. 
 
 Posthumous Child. A child born after the death of its 
 father, or when the Caesarean operation is performed after the 
 death of the mother. 
 
 Power of Attorney. An instrument authorizing a per- 
 son to act as the agent or attorney of the person granting it. 
 
 Practice. The conducting of suits in the courts, through 
 their various stages, in the form and manner and according to 
 the principles of law and rules laid down by the respective 
 courts. 
 
 Precedents. Legal acts, instruments or decisions which 
 are deemed worthy to serve as rules or models for subsequent 
 cases. 
 
 Pre-Emption-Right. The right given to settlers upon 
 public lands of the United States to purchase them at the 
 lowest price in preference to all others. 
 
 Pregnancy. The state of a female who has within her 
 womb a fecundated germ which gradually develops. This 
 subject presents itself to the attorney usually in one of two 
 forms: i. where an attempt is made to conceal pregnancy; 2. 
 where an attempt is made to feign or pretend to be pregnant. 
 The first may be done to avoid disgrace and secretly to ac- 
 complish the destruction of the foetus. The second may be 
 attempted to gratify the wishes of a husband; to extort money 
 from a man; to avoid or delay the death punishment; or to de- 
 prive the legal heir of his just claims. (This last can only, of 
 course, be accomplished by carrying the imposition to a sup- 
 posed birth and having a new-born child furnished to order to 
 fill the requirement.) In legal cases involving these questions 
 the signs of pregnancy become very important. For the ben- 
 efit of those interested in either the legal or medical aspects
 
 322 THE LAW OF BUSINESS. 
 
 of the subject a short treatise has been prepared, which will be 
 found in another part of this work. 
 
 Premeditation. A design formed to commit a crime or 
 do some other act before it is done. 
 
 Prima Facie. At first view or appearance. Prima facie 
 evidence of a fact will establish that fact in law unless re- 
 butted. 
 
 Privies. Persons who have an interest together in any 
 action or thing. 
 
 Process. The means of compelling a defendant to ap- 
 pear in court in both civil and criminal cases. 
 
 Promise of Marriage. A contract mutually entered 
 into between a man and a woman that they will marry each 
 other. 
 
 Promissory Note. A written promise to pay a certain 
 sum of money at a future fixed time unconditionally. 
 
 Property. The right and interest a man has in lands 
 and chattels to the exclusion of others. 
 
 Prosecutor. The one who prosecutes another for a 
 crime in the name of the State. 
 
 Prostitution. The common lewdness of women for hire. 
 
 Protest. A solemn declaration in writing by a notary 
 public, usually under seal, protesting that all parties liable for 
 loss or damage by the non-acceptance or non-payment of a 
 bill of exchange, or the non-payment of a note, will be held 
 responsible to the holder of such instrument. 
 
 Punishment. Some pain or penalty inflicted by war- 
 rant of law, and by judgment and command of some lawful 
 court on a person for the commission of a crime or misde- 
 meanor, or for failing to perform some act required by law. 
 
 Quack. An ignorant and unskillful practitioner of medi- 
 cine or surgery. To call a regular physician a quack is ac- 
 tionable.
 
 MEANING OF LEGAL TERMS. 323 
 
 Quarentine. Forty days. Ships from foreign ports 
 thought to be infected with a contagious or malignant disease, 
 were originally held off the shore forty days and not per- 
 mitted to land or have any communication whatever. The 
 period is now shorter, or whatever the authorities choose to 
 make it. This restraint is termed quarantine. To break 
 quarantine without authority is a misdemeanor. 
 
 Quash. To overthrow or annul. Defective indictments 
 may be quashed; also irregular civil proceedings. 
 
 Quasi. As if; similar to; resembling, but slightly differ- 
 ent. 
 
 Quickening. The sensation a mother has of the move- 
 ment of the child in her womb. 
 
 Quit-Claim. A form of deed of the nature of a release. 
 
 Quo Warranto. A writ by which the government at- 
 tempts to recover an office or franchise from a person or cor- 
 poration holding it. The writ commands the defendant to 
 appear and show by what authority {quo warranto) he holds 
 the office. 
 
 Quorum. The number of members of a legislative or 
 any deliberative body required by its laws to transact business. 
 
 Rape. The carnal knowledge of a woman by a man forci- 
 bly and unlawfully against her will. Man in this definition 
 means a male of the human species of the age of fourteen and 
 upwards. 
 
 Rebellion. The act of taking up arms traitorously 
 against the government. 
 
 Receipt. A written acknowledgement of the payment of 
 money or the delivery of chattels. 
 
 Recognizance. An obligation of record, entered into 
 before a court or officer duly authorized for that purpose, with 
 a condition to do some act required by law which is therein 
 specified. Blackstone.
 
 324 THE LAW OF BUSINESS. 
 
 In civil cases the condition of a recognizance is that the 
 party and his surety will pay the debt, interest and costs, re- 
 covered by the plaintiff under certain contingencies. 
 
 In criminal cases the condition is that the party shall ap- 
 pear before the court, at a specified time, to answer to such 
 charges as are or shall be made against him, or that he shall 
 keep the peace or be of good behavior. 
 
 Redress. Satisfaction for an injury sustained. 
 
 Release. The conveyance of a man's interest in a thing 
 to some other person who already has some interest therein or 
 possession thereof. The operative words are "remise, release 
 and forever quitclaim." 
 
 Remedy. The means employed to enforce a right or re- 
 dress an injury. 
 
 Rent. A certain profit issuing out of lands and tene- 
 ments in return for their use. 
 
 Replevin. An action to regain possession of chattels 
 which have been taken from the plaintiff unlawfully. 
 
 Reprieve. The temporary withdrawing of a sentence of 
 execution. 
 
 Reprisals. The taking by force by one nation of a thing 
 which belongs to another in return or satisfaction for an in- 
 jury committed. 
 
 Repudiate. To refuse a right when offered. A more 
 recent meaning is to refuse to pay; as the State has repudiated 
 its debt. 
 
 Reputation. The opinion generally entertained of a 
 person by those who know him. 
 
 Requisition. The demand made by the Governor of one 
 State on the Governor of another for a fugitive from justice. 
 See Extradition. 
 
 Rescue. Forcibly and knowingly freeing another from 
 arrest or imprisonment.
 
 MEANING OF LEGAL TERMS. 325 
 
 Residue. That which is left. 
 
 Restitution. Restoring to the rightful owner what be- 
 longs to him. 
 
 Retaining Fee. A fee given to an attorney upon con- 
 sulting him, in order to secure his future services. 
 
 Revenue. The income of the government from taxation, 
 duties, etc. 
 
 Reward. An offer of recompense for the performance of 
 some act for the public good. A person may be a witness in a 
 criminal case although he expects to receive a reward upon 
 the conviction of the prisoner. 
 
 Right. A well founded claim. 
 
 Robbery. The felonious and forcible taking from the 
 person of another, goods or money of any value, by violence 
 or putting him in fear. Robbery is larceny from the person 
 accompanied by violence or putting in fear. 
 
 Sale. An agreement by which one of the contracting 
 parties, called the seller, transfers possession of a thing and 
 title to it to the other, called the buyer, for a stipulated price 
 in money. 
 
 Salvage. The compensation allowed for saving a ship and 
 her cargo from peril ; also, the goods and other property saved. 
 
 Scilicet. That is to say; to wit; namely. It is usually 
 written in an abbreviated form ss. It comes from Latin scire, 
 to know, licet, it is permitted. 
 
 Sea-Shore. That space of land on the border of the sea, 
 between high and low water mark. 
 
 Seal. An impression upon wax, wafer, or some impres- 
 sionable substance. Most frequently now impressed into the 
 body of the instrument itself without the wax or wafer. The 
 notarial seal is recognized judicially all over the civilized 
 world. The seal is used upon a legal instrument simply as a 
 token of authenticity.
 
 326 THE LAW OF BUSINESS. 
 
 Search-Warrant. A warrant requiring the officer to 
 whom it is addressed to search a house, specified, for property 
 alleged to have been stolen and secreted there. The officer 
 must bring the goods, if found, and the body of the person 
 occupying the premises, who must be named, before the jus- 
 tice issuing the warrant or some other legally authorized officer. 
 
 Sedition. In Criminal Law. Raising commotions or 
 disturbances in the State; a revolt against lawful authority. 
 
 Seisin. Possession with intention to claim a freehold in- 
 terest. 
 
 Self-Defense. The protection of one's person and prop- 
 erty from injury. A man may repel force by force in defense 
 of his person, property or habitation, against any one who at- 
 tempts to commit a forcible felony, as murder, burglary, rape, 
 arson, robbery. , He is not required to retreat, but may resist 
 and even pursue his adversary until he has secured himself 
 from all danger. 
 
 Senility. The state of being old. 
 
 Sentence. A judgment or judicial declaration made by 
 a judge in a cause. Usually judgment is applied to civil and 
 sentence to criminal cases. 
 
 Sheriff. A county officer, representing the executive 
 power of the State in his county. 
 
 Sight. Presentment. Used on bills of exchange and 
 drafts. 
 
 Simony.. The selling and buying of holy orders. 
 
 Sine Die. Without a day. Courts and legislative bodies 
 adjourn at the close of the sessions sine die, without any day 
 fixed for reassembling. 
 
 Slander. Words spoken or written of a defamatory, 
 false and malicious nature, which are injurious to the char- 
 acter of another. Injury to character is the ground of all 
 liability to an action.
 
 MEANING OF LEGAL TERMS. 327 
 
 Sodomy. A carnal copulation by human beings with 
 each other in an unnatural manner, or with a beast. It may- 
 be committed between any two persons who both consent, 
 even between husband and wife, and both may be indicted. 
 Penetration of the mouth is not sodomy. 
 
 Solvency. The condition of a person who is able to pay 
 all his debts. 
 
 Sound Mind. That condition of mind which is adequate 
 to reason and arrive at correct conclusions upon ordinary 
 subjects. 
 
 Specialty. A writing sealed and delivered containing 
 an agreement. The seal is the essential thing to constitute 
 the writing a specialty. 
 
 Specific Performance. The actual carrying out of the 
 express provisions of a contract by the party bound to per- 
 form them. If one of the parties to a contract refuse to ful- 
 fill his engagement a court of law will usually award damages 
 to the injured party. Sometimes, however, damages are not 
 a competent remedy. Then the injured party goes into a 
 court of equity and asks for a specific performance of the con- 
 tract. 
 
 Ss. See Scilicet. 
 
 Statute. A law established by act of legislature. 
 
 Stay of Execution. The period during which no exe- 
 cution can issue on a judgment. 
 
 Sterility. Barrenness; incapacity to produce a child. 
 
 Stipulation. A material condition in a contract. 
 
 Stoppage in Transitu. A resumption by the seller of 
 the possession of goods not paid for, while on their way to 
 the purchaser and before he has obtained actual possession of 
 them. 
 
 Subornation of Perjury. Procuring another to com- 
 mit legal perjury. The false oath must actually be taken.
 
 328 THE LAW OF BUSINESS. 
 
 SubpcEna. (Latin under pe?ialty.) A writ command- 
 ing a person to appear in court to give testimony, under pen- 
 alty. 
 
 Suffrage. Vote; act of voting. 
 
 Suicide. Self-destruction. 
 
 Suit. An action in a court of justice. 
 
 Summons. A writ notifying a party to appear in court 
 and answer to a complaint made against him. 
 
 Sumptuary Laws. Laws relating to the personal and 
 family expenses, intended to restrain excess in food, drink, 
 clothing, furniture, etc. 
 
 Sunday. The first day of the week. In most States it 
 begins at 1 2 o'clock on the night between Saturday and Sun- 
 day and lasts twenty-four hours. In some of the New Eng- 
 land States it begins at sunset Saturday evening and ends 
 same time next day. In some States contracts made on Sun- 
 day are void, but in general they are binding if good in other 
 respects. Notes and bills of exchange falling due on Sunday 
 should be paid on Saturday. 
 
 Surety. A person who binds himself for the payment of 
 a sum of money, or for the performance of something else, 
 for another, who is already bound for the same. 
 
 Suretyship. An undertaking to answer for the debt, 
 default or miscarriage of another, the surety becoming bound 
 as the principal or original debtor is bound. Suretyship dif- 
 fers from guaranty in this : suretyship is a primary obligation 
 to see that the debt is paid, while guaranty is a collateral 
 undertaking, essentially in the alternative, to pay the debt if 
 the debtor does not pay it. A surety may. be sued as a 
 promisor. A guarantor must be sued specifically on his con- 
 tract. Guaranty applies only to contracts under seal. Surety- 
 ship applies to all obligations either under seal or by parol. 
 
 Tacit. Silent; implied but not expressed.
 
 MEANING OF LEGAL, TERMS. 329 
 
 Tariff. Customs, duties or tribute payable on merchan- 
 dise to the general government. 
 
 Tax. A contribution imposed by the government on in- 
 dividuals for the support of the State. 
 
 Tenant. One who holds or possesses lands or tenements 
 temporarily which belong to another. The terms of the oc- 
 cupancy are usually set forth in an instrument called a lease. 
 
 Tender. An offer to deliver something, or pay some- 
 thing in accordance with a contract, and in such a way as to 
 require no further act by the party making the offer to com- 
 plete the transfer. 
 
 Tenement. Everything of a permanent nature that may 
 be holden. 
 
 Tenure. The mode by which a man holds an estate in 
 lands. 
 
 Testament. A will. 
 
 Testator. One who has made a testament or will. 
 
 Testify. To give evidence according to law. 
 
 Third Parties. Persons who are not parties to a con- 
 tract or agreement by which their interest in the thing con- 
 veyed is sought to be effected. 
 
 Title. The means whereby the owner of lands has just 
 possession of his property. This definition applies to lands 
 only. 
 
 Title Deeds. Those deeds or instruments which are 
 evidence of the title of the owner of an estate. 
 
 Tort. A private wrong or injury, independent of contract. 
 
 Traverse. To deny. 
 
 Treason. Against the United States, according to the 
 Constitution, consists in "levying war against them, or in ad- 
 hering to their enemies, giving them aid and comfort." It can 
 only be committed by a person who owes allegiance to the gov- 
 ernment. In monarchies, an attempt to kill the king is treason.
 
 33 THE LAW OF BUSINESS. 
 
 Treaty. A compact or agreement between two or more 
 independent nations with a view to public welfare. 
 
 Trespass. Any unlawful act, committed with violence, to 
 the person, property or rights of another. Also, and more 
 commonly, any unauthorized entry upon the realty of another 
 to the damage thereof. 
 
 Trial. The examination before a competent tribunal, ac- 
 cording to law, of the facts put in issue in a cause. 
 
 Tribunal. A court of justice. 
 
 Trover. An action to recover damages for goods or per- 
 sonal chattels which have been wrongfully converted to the 
 use of another. 
 
 Trust. A right of property held by one person for the 
 benefit of another. 
 
 Trustee. A person in whom some estate, interest or 
 power in or effecting property is vested for benefit of another. 
 
 Trustee Process. A means of attaching goods, prop- 
 erty and credits in the hands of a third person, for the benefit 
 of the attaching creditor. 
 
 Ultra Vires. Beyond their power. A term applied to 
 those acts of corporations which are beyond the scope of their 
 powers as laid down in their charter or articles of incorpora- 
 tion. As a rule such acts are void. 
 
 Usage. Long and uniform practice. 
 
 Use. A right to take the profits of land of which another 
 person has the legal title and possession. The person who 
 has this right is called the cestui que use. 
 
 Usury. The excess of interest over the legal rate charged 
 for the use of money. 
 
 Utter. To offer, to publish. Said of counterfeit money. 
 To utter and publish a counterfeit note is to represent that 
 the note offered is good. It is not necessary for the note to 
 pass to complete the offense of uttering.
 
 MEANING OF LEGAL TERMS. 33 1 
 
 i 
 
 Vagrant. An idle person who has no settled home; who 
 refuses to work and goes about begging; commonly called a 
 tramp. 
 
 Valid. Strong; of binding force. 
 
 Value. Worth ; utility. Political economists use the 
 word in two senses, i. Intrinsic Value. The utility or adapta- 
 tion of an object to the wants of man. 2. Exchangeable 
 Value. Its worth in purchasing other goods. An object may 
 have great power to minister to our wants, great utility, and 
 no exchangeable value, as water. 
 
 Variance. A disagreement between the allegation and 
 the evidence, or between two parts of a legal proceeding that 
 ought to agree together. 
 
 Vendor. The seller. 
 
 Vendor's Lien. An equitable lien allowed the vendor of 
 land for the purchase money where the deed expresses, con- 
 trary to the fact, that the money has been paid. 
 
 Venue. A neighborhood, place or county, in which an 
 injury was done or crime committed, and from which the jury 
 must be drawn to try the issue. 
 
 Verdict. The unanimous decision of a jury reported to 
 the court, on the matters submitted to them in the trial of a 
 cause. 
 
 Versus. Against; usually written vs. or v. 
 
 Vest. To give an immediate fixed right of present or 
 future enjoyment. 
 
 Veto. The refusal of an executive officer, whose assent 
 is necessary to perfect a law passed by the legislature, to give 
 such assent. 
 
 VideliciT. (Latin to wit; namely.) Usually contracted 
 to viz. 
 
 Violence. The abuse of force; that force which is em- 
 ployed against common right, against law and against public 
 liberty.
 
 332 THE LAW OF BUSINESS. 
 
 Void. That which has no force or effect. 
 
 Voidable. That which has some force or effect, but 
 which in consequence of some inherent quality may be legally 
 annulled or avoided. An infant's note or contract with an 
 adult is a familiar example. The infant may avoid or con- 
 firm the contract upon coming of age. 
 
 Voir Dire. (French to say the truths) A preliminary 
 examination of a witness to ascertain whether he is com- 
 petent. 
 
 Waiver. The refusal to accept a right. 
 
 Ward. An infant placed by authority of law in the care 
 of a guardian. 
 
 Warehouse. A place adapted to the reception and stor- 
 age of goods and merchandise. 
 
 Warrant. A writ issued by a justice of the peace or 
 other authorized officer and directed to a constable or other 
 proper person, ordering him to arrest a person therein named, 
 charged with committing some offense, and bring him before 
 the justice. 
 
 Warranty. In Real Property. A covenant by which 
 the grantor of an estate and his heirs are bound to warrant 
 and defend the title to the lands sold. In general contracts 
 it is an engagement or undertaking that a certain fact regard- 
 ing the subject of a contract is, or shall be, as it is declared or 
 promised to be. 
 
 Way-Bill. The description of goods sent with a com- 
 mon carrier by land; if the goods are carried by water the 
 instrument is called a bill of lading. 
 
 Will. The disposition of one's property to take effect 
 after death. 
 
 Witness. One who testifies under oath to what he knows 
 of his own knowledge, not acquired by hearsay. 
 
 Writ. A mandatory precept issuing from a court of law
 
 MEANING OF LEGAL TERMS. 333 
 
 in the name of the State and requiring the defendant to do 
 something therein mentioned. 
 
 Ward in Chancery. An infant or lunatic who is under 
 the protection of the court of equity or the court of chancery. 
 
 Without Prejudice. Anything said or done without 
 prepcdice is without affecting any one's rights in the contro- 
 versy or question at issue. 
 
 Without Recourse. These words are sometimes writ- 
 ten by an endorser of a promissory note beneath his name 
 when he desires to relieve himself from liability as an uncon- 
 ditional endorser. They mean simply that the purchaser of 
 the note shall not have recourse upon the endorser in case the 
 note is not paid when due.
 
 CHAPTER II. 
 
 REAL PROPERTY. 
 
 ALL property is divided into two great classes, real and 
 personal. The names of these divisions were derived 
 from the nature of the remedy in case an owner was 
 deprived of possession. In the case of lands if the 
 plaintiff was successful he recovered the real thing lost, that is, 
 the actual lands or tenements of which he was dispossessed. 
 If the thing was a chattel his remedy was against the person 
 of him who took it away. Hence the terms real and personal. 
 
 It is frequently difficult to distinguish between real and 
 personal property, although there are many things that are al- 
 ways personal, and a few that are always real. Land is always 
 real. As a rule every thing erected upon land, or growing 
 upon it, or lying beneath the surface of the land, is real. But 
 a house may become personal, as if a man erect one on the 
 land of another on certain conditions, expecting to remove it. 
 In order to make things built or erected on land real they 
 should be erected or annexed by the owner of the land. Any 
 machine or other thing so attached to a house that it can not 
 be removed without destroying or injuring the house will pass 
 with the house when sold unless specially reserved. 
 
 Keys, blinds, bolts, hinges, nails, and many other things 
 are personal when on the merchant's shelf for sale, but be- 
 come real when attached to a building. 
 
 Trees in a forest are real ; trees planted by a nurseryman to 
 be sold and transplanted are personal. 
 
 Crops ready for harvest are personal and may be levied 
 upon as chattels. Crops or trees sold to be cut and carried 
 
 334
 
 REAL PROPERTY. 335 
 
 away are personal. When land is sold on which are growing 
 crops the custom is to fix a future day for delivery by which 
 time they may be removed. 
 
 Fence rails are real estate, whether in a fence or piled up 
 to be used in a fence; but if piled up to be sold they are per- 
 sonal. 
 
 Rolling stock on railroads, as cars and engines, belong to 
 the realty ; the stock in a railroad, that is the stockholder's in- 
 terest is personal. 
 
 As a rule a tenant may remove whatever he has affixed to 
 leased premises provided he can do so without injury thereto. 
 This right is not defeated by a sale of the premises by his 
 landlord to another party. But the fixtures must be removed 
 by the tenant before his term expires or he loses the right; his 
 fixtures then become part of the realty. If the fixture is per- 
 mitted to remain temporarily, with the landlord's consent, or 
 if it is affixed to the land of another with his consent, it may 
 be removed. 
 
 Realty is divided into, 1. L,ands. 2. Tenements. 3. Her- 
 editants. Lands include the soil itself, houses, trees, minerals, 
 coal, water, etc. 
 
 Tenements are rights, interests and privileges in lands held 
 so as to create a tenancy. Blackstone says " the thing held is 
 a tenement, and the possessor of it a tenant, and the manner 
 of possession is called tenure." 
 
 Hereditaments are things that can be inherited, as lands, 
 tenements, anything real, personal or mixed that may descend 
 to an heir. Hereditaments are corporeal and incorporeal. 
 Corporeal when of a tangible or substantial nature; incor- 
 poreal when only an ideal right existing in contemplation of 
 law, as the right of way through another's land, or the right 
 of water through the land of another. 
 
 Various names are used to indicate the different degrees of 
 interest that a man may have in lands, called an estate.
 
 336 THE LAW OF BUSINESS. 
 
 FEE SIMPLE. 
 
 Fee simple is an estate of unlimited duration, and is abso- 
 lutely unqualified in every respect, transmissible to the heirs 
 of the owner absolutely and simply without any condition at- 
 tached to the tenure. This is the largest estate a man can 
 have in lands. 
 
 Fee Tail means a mutilated fee. It is a fee conveyed with 
 restrictions as to its alienation. There is no fee tail in the 
 United States. 
 
 LIFE ESTATE. 
 
 Life estate is a freehold, not of inheritance, held by the 
 tenant for his own life or the life or lives of one or more other 
 persons ; or for an indefinite period which may endure for the 
 life or lives of persons in being and not beyond the period of 
 a life. Life estates are created by deed, or devise, or act of 
 law as in the case of dower and curtesy. An estate conveyed 
 to a woman during her widowhood is a life estate, because she 
 can hold it as long as she lives by not marrying. Same is 
 true of an estate to a man and wife during coverture, or to a 
 man as long as he resides in a certain place or as long as he 
 shall maintain a park upon the land. A tenant for life may 
 convey his interest by deed or sub-let the whole or any part 
 of it. 
 
 . Emblements. The life tenant has rights to the profits of 
 the annual crops to repay him for his labor. These annual 
 crops are called emblements. This right accrues to his exe- 
 cutor or administrator in case of his death. Emblements are 
 those products which are sown or planted in one part of the 
 year and reaped in another part of the same year, as corn, 
 wheat, barley, potatoes, flax, beans, etc. Grass and clover are 
 not emblements because not of annual planting. Trees raised 
 by nurserymen are a seeming exception, being emblements,
 
 LIFE ESTATE. 337 
 
 because they may be transplanted in one year or more. The 
 crop must have been planted in the life and occupancy of the 
 tenant, else he can not claim emblements. A tenant whose 
 term is certain can not claim emblements, for if a man plant a 
 crop which he knows he can not gather before his term ex- 
 pires he must lose his labor his successor gets the benefit. 
 If a tenant abandon hi"s tenancy he loses his rights to emble- 
 ments, but not so if the lessor expel him. 
 
 Waste. As to timber a tenant may cut what he needs for 
 present use but not for future use ; that would be waste. He 
 may not cut wood either to be used off the premises. Neither 
 can he sell wood or timber, or coal or ore of any kind though 
 he need the proceeds for his support. Neither can he make 
 brick out of the land for sale, nor ware out of clay under the 
 soil. 
 
 A Tenant at Sufferance is one who has come into posses- 
 sion by a lawful demise but after his term is ended holds over 
 wrongfully, continuing possession. He has no rights, only 
 naked possession and may be removed without notice. He is 
 not entitled to emblements. If a tenent sell his growing 
 crops and then terminate his tenancy by his own act the per- 
 son who purchased the crops has no claim for emblements. 
 The right of emblements carries with it the rights to enter 
 upon the land, cultivate the crop if a growing one, cut and 
 harvest it, and if interfered with in the exercise of these 
 rights by the landlord or any other, he has an action for 
 damages. 
 
 Questions of Emblements and Waste are determined to a 
 great extent by the customs and usages of different localities 
 and by the statutes of the State. If a tenant commit a waste 
 the one to whom the estate reverts has an immediate action 
 against him. , Continued waste may be prevented by injunc- 
 tion.
 
 338 THE LAW OF BUSINESS. 
 
 The two most important classes of life tenancy are Dower 
 and Curtesy. For the meaning of these terms see " Definition 
 of Legal Terms." 
 
 A widow has no dower by the common law in an estate of 
 her husband's for a term of years however long. In Missouri 
 however by statute her right attaches to a leasehold of twenty 
 years, and many other States have similar statutes. The 
 right of dower extends to one-third of all lands, tenements 
 and hereditaments of which her husband may have been 
 seized during coverture in fee or in tail. The laws of the 
 place where the property is located determine her right of 
 dower, not the laws of her residence. She is not entitled to 
 dower in real estate purchased by a firm of which her hus- 
 band was a partner, and held for partnership purposes until 
 the partnership debts have been paid. A husband may defeat 
 dower in an estate which he purchases by having it convej-ed 
 to trustees for himself or his heirs. The requisites to support 
 dower are legal marriage, seisin and death of husband. 
 
 A woman may bar her dower in most States by elopement 
 and adultery; in others it requires divorce when the woman is 
 in fault; if she is innocent the statutes of most States preserve 
 her rights. She can sign away her right of dower if it is ex- 
 pressly so stipulated in the deed and in a few States a joint 
 conveyance by husband and wife will bar her dower. If a 
 mortgage given by husband before marriage, or by a husband 
 and wife after marriage, is foreclosed all right of dower is 
 barred. In some States, however, the wife must be made a 
 party to the foreclosure proceedings. In some States a wife's 
 dower is subject to liens of husband's creditors. Land con- 
 veyed by the husband for public use, as a school or street, is 
 not subject to dower. 
 
 The husband's interest, or curtesy, is subject to all incum- 
 brances under which the wife held the estate. This interest
 
 DEEDS. 339 
 
 is liable for his debts. He, as tenant by curtesy, is subject to 
 all the limitations and obligations imposed upon other life 
 tenants. He becomes tenant by curtesy immediately upon 
 the death of his wife and has nothing to do to consummate 
 his title; while the widow must have her dower set out for 
 her by process of law. 
 
 When it is desired to convey an estate to a married 
 woman for her own use and to be free from her husband's 
 control, use the words, "to her sole and separate use forever." 
 
 In most of the States the husband must join the wife in 
 conveyances of her real estate. If he improves his wife's es- 
 tate the law infers that it was done for his wife's benefit and 
 he can not recover for it unless there is a special statute. If 
 the wife die without issue the husband has no claim on her* 
 estate against creditors or next of kin, except the right of em- 
 blements. DEEDS. 
 
 A deed must contain first the full names of the grantor 
 and grantee, that is the seller and buyer; then a statement of 
 the consideration, money, exchange of property, etc., for the 
 conveyance; also an acknowledgement of the receipt of the 
 same; then a full description of the property. After this fol- 
 lows the Habendum clause, which begins, "To have and to 
 hold;" this clause defines the estate conveyed, whether for years, 
 life or forever. Next in most deeds comes the Warranty 
 clause, which begins: "And I will, and my executors and ad- 
 ministrators shall warrant and defend," etc. 
 
 The Testimonium clause follows, beginning: "In witness 
 whereof" etc. Then follow the date, signature and seal (the 
 seal is not required in all States), then the signature of the 
 witnesses (when required), then, last, the acknowledgement. 
 This is done before a Notary Public or Justice of the Peace, 
 and acknowledges the instrument to be the free act and deed 
 of the grantor.
 
 340 THE LAW OF BUSINESS. 
 
 Sometimes the grantor desires to reserve something to 
 himself rising or issuing out of the thing granted. This is 
 done by inserting immediately after the Habendum clause, 
 what is called a Reddendum clause, which begins thus: "Sav- 
 ing and excepting." An accurate description of the thing re- 
 served should follow. 
 
 If there are any conditions to defeat, extend or commence 
 the estate, they should be stated with great clearness, and 
 should follow the Habendum clause and usually begin with the 
 words: "Provided, however," etc. The most important of 
 these is the redemption clause in a mortgage. If the grantor 
 is a married man it is necessary in most States for the wife to 
 release her dower. This should follow the Warranty clause. 
 
 Quitclaim deeds differ from warranty deeds in their wording 
 in three important points: i. Instead of the words " give, 
 grant, bargain, sell and convey," the quitclaim has the words, 
 "remise, release and forever quitclaim." 2. In the encum- 
 brance clause, after the word encumbrance should follow the 
 words, "made or suffered by me." And state what mortgages 
 there are on the estate, if any. 3. In the warranty clause, 
 after the words, "demands of all persons," add these words, 
 "claiming by or through or under vie, but against none others:'' 
 
 Trust deeds are made for the purpose of creating a trust in 
 one party for the benefit of another. A father may desire to 
 give his daughter a farm upon the eve of her marriage, but 
 not desiring her husband to have any control over it, or fear- 
 ing her extravagance, he will deed it to a friend, in whom he 
 has confidence, in trust for his daughter's use, and under such 
 restrictions as he may see fit to impose. 
 
 FORM OF WARRANTY DEED. 
 
 Know all Men by these Presents, That John Doe, of 
 Covington, in Kenton County, State of Kentucky, in consider-
 
 FORM OF WARRANTY DEED. 34 1 
 
 ation of Five Thousand Dollars to me paid by William Coe, of 
 Newport, in Campbell County, State of Kentucky, the receipt 
 whereof is hereby acknowledged, does by these presents give, 
 grant, bargain, sell and convey unto said William Coe, his 
 heirs and assigns, a certain parcel of land, situated in Coving- 
 ton, in Kenton County and State of Kentucky, bounded and 
 described as follows, viz : {here give a full and complete de- 
 scription of the premises to be conveyed. ) 
 
 To have and to hold the above granted premises, to- 
 gether with all the privileges and appurtenances thereto be- 
 longing, unto the said William Coe, his heirs and assigns, and 
 to their own use and behoof forever. And I, the said John 
 Doe, for myself, my heirs, executors and administrators, do 
 covenant with said William Coe, that I am lawfully seized in 
 fee simple of the above granted premises, and that they are 
 free from all encumbrances {if any encumbrances, state them 
 here, beginning Saving and Excepting); that I have good 
 right to sell and convey the same as aforesaid; and that I will, 
 and my heirs, executors and administrators shall, Warrant 
 and Defend the same to the said grantee, his heirs and as- 
 signs forever, against the lawful demands of all persons. {If 
 wife releases dower, insert release here.) 
 
 In Witness Whereof, I have hereunto set my hand and 
 seal this, the 18th day of September, A. D. 1889. 
 
 Signed and Sealed in L,. S. 
 
 the presence of L H.
 
 342 THE tAW OF BUSINESS. 
 
 State of Kentucky, 
 Kenton County, 
 
 [ ss.: 
 
 The above named John Doe personally appeared before me 
 this 18th day of September, A. D. 1889, and acknowledged the 
 foregoing instrument to be his free act and deed. 
 
 ^^ WILLIAM EVARTS, Notary Public, 
 
 j seal. [ Kenton County, Kentucky. 
 
 FORM OF RELEASE OF DOWER. 
 
 " And for the consideration aforesaid, I, Theresa Doe, wife 
 of said John Doe, do hereby release unto said grantee, and his 
 heirs and assigns, all right of, or to, both dower and home- 
 stead in said premises. In witness whereof we have hereunto 
 set our hands and seals this, the 18th day of September, A. D. 
 1889." 
 
 If the husband release curtesy the same form is used, sub- 
 stituting husband for wife, and curtesy for dower. 
 
 The tendency of modern law is to simplicity in legal forms, 
 and now nearly all the States have a short form of deed. 
 
 INDIANA DEED SHORT FORM. 
 
 This Indenture Witnesseth, That James Monroe, of 
 Wayne county, in the State of Indiana, conveys and warrants 
 to John Simpkinson, of Brown county, in the State of Indiana, 
 for the sum of Three Thousand Dollars ($3,000), the following 
 Real Estate, in Wayne county, in the State of Indiana, to-wit: 
 {Here describe the property to be conveyed.} 
 
 In Witness Whereof, the said James Monroe has here- 
 unto set his hand and seal this 18th day of September, A. D. 
 1889. 
 
 JAMES MONROE. [Seal.]
 
 SHORT FORM OF TRUST DEED. 343 
 
 State of Indiana, j 
 Wayne County. } ss " 
 
 Before me, Jesse C. Smith, a Notary Public, in and for Said 
 County, this 18th day of September, 1889, personally appeared 
 James Monroe, the grantor herein, and acknowledged the exe- 
 cution of the annexed Deed. 
 
 Witness my hand and Notarial Seal this 18th day of Sep- 
 tember, A. D. 1889. 
 
 JESSE C. SMITH, Notary Public, 
 Wayne County, Indiana. 
 SHORT FORM OF TRUST DEED. 
 
 Know all Men by these Presents, That I, Thomas 
 Benson, of Hamilton, county of Butler, State of Ohio, do 
 hereby convey and fully warrant unto James J. Mitchell, of 
 Cincinnati, Hamilton county, Ohio, and Peter Donahue, of 
 
 Columbus, Franklin county, Ohio, in consideration of 
 
 dollars, to me paid by the said Mitchell and Donahue, the fol- 
 lowing described real estate, situated in county, State 
 
 of , and fully described as follows : {here describe?) to 
 
 have and to hold the said granted premises in trust, neverthe- 
 less, for the following purposes to- wit : {Here insert in full the 
 purposes of the trust.) 
 
 In witness whereof the said parties hereunto set their 
 hands and seals this day of , 18 . 
 
 L, S. 
 
 L, S. 
 
 Witness : L. S. 
 
 ESTATES FOR YEARS. LEASES. 
 
 The next estate in importance after a life estate is an 
 estate for years which is usually brought into existence by an 
 instrument called a lease. An estate for years is an interest 
 in lands by virtue of a contract for the possession of them for
 
 344 THE ^ Aw OF BUSINESS. 
 
 a definite and limited period of time. The contract is called 
 a lease. 
 
 The one who lets the premises is the lessor. The one 
 who rents or hires, the lessee. A lease takes effect on de- 
 livery. It must be for a shorter period than the duration of 
 the interest of the lessor, otherwise he would sign awaj^ his 
 entire interest in the lands and it would become an assign- 
 ment. The granting of a lease always supposes that the 
 grantor or lessor reserves to himself a reversion in the prem- 
 ises. A lease must be in writing and signed by both parties, 
 otherwise it is considered only a tenancy from year to year, 
 that is if rent is paid; if no rent is paid it is a tenancy at will. 
 Most of the States have special statutes on the subject of 
 leases. Nearly all require seals, but New Hampshire does 
 not. In Virginia and Kentucky a lease for a term of more 
 than five years must be sealed, and in Vermont and Rhode 
 Island if it exceed one year. Massachusetts requires all 
 leases for more than seven years to be under seal and 
 recorded, otherwise they are not good against third parties 
 without notice. Ohio requires for a lease for more than three 
 years an acknowledgment and two witnesses. 
 
 The form of expression in writing a lease is not material 
 so that it express the intention of the lessor to part with the 
 estate in favor of the lessee, and the intention of the lessee to 
 accept the same under the conditions imposed for a certain 
 period. The technical words usually inserted are "demise, 
 grant and to farm let'' if the premises consist of a farm: or 
 "demise and grant ;" or "/ease, demise and let;" any of these 
 or other words will suffice. The lease must describe in clear 
 and exact terms the premises to be leased, for a mistake in 
 this respect can not be corrected by parol evidence. 
 
 A lunatic, idiot or infant can not make a valid lease, al- 
 though in some cases they may be lessees, as when it is for
 
 LEASES. 345 
 
 their benefit or a necessity. An example would be a student, 
 under age, hiring a room; it is a necessity. 
 
 If a person have no title to premises and lease them to an- 
 other, and afterward acquire title, the law will not allow him 
 to break the lease upon the ground that he had no title when 
 the lease was made. This would be permitting him to take 
 advantage of his own wrong. Neither would the lessee be 
 allowed to shirk any of his duties or responsibilities under 
 the lease because the lessor's title was not good when the 
 lease was made. The law of estoppel applies in these cases. 
 
 Every well drawn lease contains certain conditions, the 
 violation of which works the forfeiture of the lease. The 
 most important of these are the payment of rent, the com- 
 mitting of waste, keeping in repair, insuring, etc. This for- 
 feiture clause enables the lessor to re-enter and eject the 
 tenant in any such event. But without this provision for 
 re-entry the lessor would have no remedy, if rent were not 
 paid, or waste were committed, except a suit for damages. 
 
 If the lessor desires to take advantage of the forfeiture 
 clause for non-payment of rent he should make demand for 
 rent on the very day it is due by the terms of the lease and 
 before sunset, at the most public place upon the premises 
 leased, that is the front door if possible, or of the lessee in 
 person wherever he may be found. And if not at home de- 
 mand must be made any way. If payment is tendered at any 
 time during the day up to twelve o'clock at night the tenant 
 is safe, as the law will compel the lessor to accept. If a ten- 
 ant forfeits for non-payment of rent and afterward tenders 
 payment and it is accepted this acceptance is a waiver of the 
 broken condition ; the landlord can not then eject him for that 
 failure to pay although he may for some future remissness. 
 The lessor, by covenant implied in the words demise and grant, 
 warrants to the lessee quiet enjoyment during the term.
 
 346 THE LAW OF BUSINESS. 
 
 The lessor is not bound to make all necessary repairs un- 
 less so stipulated by express covenant, neither is he bound to 
 remunerate the lessee for repairs made. If the lessor has 
 contracted to make repairs and fails to do so the lessee is not 
 thereby relieved from paying rent. 
 
 If no time is stipulated for the payment of rent it is pay- 
 able at the end of the year. 
 
 The express covenants of a lease are always binding, even 
 though the tenant assigns the lease, and the lessor accept rent 
 from the assignee. Implied covenants end with the termina- 
 tion of the occupancy. L,eases are always assignable unless 
 expressly forbidden in the lease. The privilege of sub-letting 
 is usually denied by a clause prohibiting it. The difference 
 between an assignment and a sub-letting is correctly stated 
 above. If the whole term or all the unexpired term of lease 
 in either the whole or a part of the premises is demised it is. 
 an assignment and not a sub-letting ; if the whole or a part of 
 the premises is demised for a term which expires before the 
 termination of the pre-existing estate, it is a sub-letting. A 
 lease supposes a reversion to the grantor or lessor. 
 
 The formal parts of a lease, made as a deed and under 
 seal, are : i . The date, which usually fixes the time of begin- 
 ning the term, unless some other time is named in the instru- 
 ment. If the lease have no date the term will begin upon de- 
 livery of lease. 2. The names of the parties, which should 
 be given in full. 3. The consideration of the contract, which 
 should always be something, if only affection. 4. The de- 
 scription of the premises. 5. The rights and liabilities of the 
 parties in respect to taxes, repairs, insurance, residence on 
 premises, fixtures, etc. 6. Provision for forfeiture in case of 
 waste, or refusal to pay rent. 
 
 It is the duty of the landlord or lessor to see that his tenant 
 has quiet enjoyment of the premises. He must not erect a
 
 LEASES. 347 
 
 nuisance to make the tenant's occupancy uncomfortable. He 
 must pay the taxes, ground rent, interest on mortgage loans, 
 etc., unless stipulated in the lease to the contrary. 
 
 The landlord has the right to enter upon the premises to 
 ascertain if waste has been committed or injury done to the 
 property, having first given notice to the tenant. 
 
 If a leased house is burned down the landlord need not re- 
 build it, but he can collect rent for the unexpired term, unless 
 otherwise stipulated in the lease. 
 
 The tenant must take proper care of the premises, so that 
 others will not be injured thereby ; and return them to his 
 landlord at the end of his term undiminished in value by any 
 willful or negligent act of his. He is entitled to use all the 
 privileges, easements and appurtenances belonging to the es- 
 tate, and to all reasonable emblements that are attached thereto. 
 He can maintain an action against any one who trespasses on 
 his lands. He should make fair and reasonable repairs of all 
 damages made or suffered by him, but he is not required to re- 
 build houses that have gone to ruin and decay during his ten- 
 ancy; neither is he required to put on a roof, or do papering, 
 painting or whitewashing, except it is necessary to prevent 
 decay. 
 
 If the tenant is a farmer he is bound to keep the farm in 
 husbandmanlike manner, preserving the timber and ornamen- 
 tal trees. If he neglect this he will be guilty of waste. He is 
 liable for damage for all injuries occurring to strangers through 
 his neglect to keep the premises in proper repair and safe con- 
 dition, as cellar-ways left open, coal-holes uncovered, maintain- 
 ing a nuisance, etc. 
 
 His principal duty is to pay rent. If he is in without any 
 special agreement as to rent he will pay only for the time of 
 his occupancy, but if he contracts to pay during the term he 
 must do so, no matter how long it may be, and no matter if
 
 348 THE LAW OF BUSINESS. 
 
 the house burn down or be torn to pieces by a tornado. But 
 if he be compelled to move by lawful act of his landlord rent 
 ceases. 
 
 If the landlord sell the premises he does so subject to the 
 tenant's right, and the tenant can not be removed by the pur- 
 chaser. The tenant can not substitute another tenant in his 
 place and thus escape his responsibilities. 
 
 A lease terminates with the expiration of the time named 
 in the instrument. It may be made to terminate sooner in 
 different ways : r. By forfeiture for waste, etc., as above ex- 
 plained. 2. By the- tenant purchasing or falling heir to the 
 fee, for in either case the lease is merged in the inheritance. 
 
 3. By taking the premises for public uses or improvements. 
 
 4. When the premises are turned into a house of ill-fame, or 
 used for other unlawful purpose. 
 
 A tenancy from year to year can only be terminated on the 
 part of the landlord by notice to quit, in writing, signed by 
 the person who has the right to immediate possession and 
 not his agent. It requires the tenant to move from the 
 premises and must be served on him personally. The length 
 of time of notice varies in the States from six months to one 
 month. Generally if a tenant rents by the week he is en- 
 titled to a week's notice; if by the month, to a month's notice; 
 the landlord is entitled to the same notice from the tenant if 
 he desires to quit. 
 
 After a tenancy has terminated if the tenant remain in the 
 landlord should proceed by regular process of law to eject 
 him. A new lease under seal to third party will facilitate 
 matters. 
 
 FORM OF LEASE. 
 
 This Indenture, made the 1st day of March, in the year 
 of our Lord 1889, witnesseth, that John Winn, of Albany, in
 
 FORM OF LEASE. 349 
 
 Athens County, and State of Ohio, does hereby lease, demise 
 and let unto George L. Pake, of Marshfield, in Athens 
 County, and State of Ohio, the following described premises: 
 {Describe fully?) To hold for the term of five years from this 
 ist day of March, A. D. 1889, the said lessee yielding and 
 paying therefor the rent of Two Hundred Dollars per annum, 
 and said lessee promises to pay said rent in {here insert times 
 and amount of payments), and to quit and deliver up the prem- 
 ises to the lessor, John Winn, or attorney, peaceably and 
 quietly, at the end of the term, in as good order and condition 
 (reasonable use and wearing thereof, fire and other unavoid- 
 able casualties excepted) as the same are now, or may be put 
 in by said lessor, and to pay rent as above stated, and all taxes 
 and duties levied thereon during the said term, or for such 
 further time as the lessee may occupy the premises, and not 
 make or suffer any waste thereof, nor lease, nor underlet, nor 
 permit any other person to occupy or improve the same, nor 
 make, nor allow to be made, any alteration therein unless with 
 the consent of the lessor, in writing, and that the said lessor 
 may enter said premises to view or to make improvements, 
 and to expel lessee for breach of any of the above conditions. 
 And provided, also, that in case the premises, or any part 
 thereof, are destroyed by fire, or other unavoidable casualty, so 
 that the same shall be unfit for use and habitation, then the 
 rent above mentioned, or a just and proportionate part thereof, 
 shall (according to the nature and extent of the injuries sus- 
 tained) be suspended or abated until the premises shall have 
 been put in proper condition for use and habitation by the 
 said lessor, or these presents shall be determined thereby, and 
 ended at the election of the said lessee or his legal representa- 
 tives.
 
 350 THE LAW OF BUSINESS. 
 
 In Witness Whereof, the said parties have hereunto in- 
 terchangeably set their hands and seals the day and year above 
 written. 
 
 Signed, sealed and delivered ) ~" ^ - 
 
 in the presence of C x ' g' 
 
 As above stated, a hold-over tenant can be gotten out by 
 making a lease under seal to a third party. The third party 
 would then send the following notice to the tenant unlawfully 
 holding over: 
 
 NOTICE TO QUIT FROM A NEW LESSEE. 
 
 Columbus, O., Jan. 23, 1889. 
 To James Peterson : 
 
 You will please take notice that John Moreland, the owner 
 of the premises now occupied by you, viz : {here insert descrip- 
 tion} has executed and delivered to me a written lease of said 
 premises for the term of one year from the date hereof. As I 
 desire to take possession of the premises you will please vacate 
 them without delay. 
 
 THOMAS BENSON. 
 
 NOTICE TO QUIT FOR NON-PAYMENT OF RENT. 
 
 Springfield, Mo., April 23, 1889. 
 To Elmer Simpkinson: 
 
 Your rent being in arrear, yow are hereby notified to quit 
 and deliver up in {here insert time allowed by law), from this 
 date, the premises now held by you as my tenant, namely: 
 {here describe premises). Hereof fail not or I shall take due 
 course of law to eject you from the same. 
 
 INKEEP BYLAND.
 
 MORTGAGES. 35 1 
 
 NOTICE TO TERMINATE TENANCY AT WILL. 
 
 Wheeling, W. Va. t August 17, 1889. 
 To William Jameson : 
 
 It being my intention to terminate your tenancy, you are 
 hereby notified to quit and deliver up, at the expiration of that 
 month of your tenancy which shall begin next after this date, 
 the premises now held by you as my tenant, viz : {here describe 
 premises.) Hereof fail not, or I shall take due course of law 
 to eject you from the same. 
 
 AVERY TUDOR. 
 
 MORTGAGES. 
 
 A mortgage is a conveyance of an estate or property by 
 way of pledge for the security of debt, said conveyance to be- 
 come void upon the payment of the debt. 
 
 There are legal and equitable mortgages. 
 
 A legal mortgage is a conveyance of property intended by 
 the parties at the time of making it to be a security for the 
 performance of some prescribed act. 
 
 An equitable mortgage is one in which the mortgagor does 
 not actually convey the property, but does some act by which 
 he manifests his determination to bind the same as a security, 
 as depositing with the lender of money the title deeds to an 
 estate; but they must be deposited as a present bona fide se- 
 curity. This species of mortgage is seldom used in modern 
 times. 
 
 The grantor of a mortgage is called the mortgagor; the 
 one to whom the mortgage is given the mortgagee. Mort- 
 gages usually contain a power of sale upon breach of condi- 
 tions, which is usually the failure to pay; also the equity of 
 redemption clause. 
 
 Equity of redemption is the right which the mortgagor 
 has to redeem after it has been forfeited at law by the non-
 
 352 THE LAW OF BUSINESS. 
 
 payment when due of the money secured by the mortgage, by 
 paying the amount of debt, interest and costs. This right of 
 redemption accrues to administrators, executors, heirs, assigns 
 and devisees of the mortgagor, but the debt must be paid in 
 full and not by payments. The time of redemption is gener- 
 ally limited by statute to three years. 
 
 Foreclosure of a mortgage is an equity proceeding by 
 which the mortgagor's equity of redemption is taken away 
 forever. If the mortgagor fails to pay, the mortgagee may 
 file a bill calling on the mortgagor in a court of equity to re- 
 deem his estate at once or in default thereof to be forever 
 closed or barred from any right of redemption. In a few 
 vStates the mortgagee obtains a decree for the sale of the land 
 under the direction of an officer of the court and the pro- 
 ceeds are applied to the discharge of incumbrances in the 
 order of their priority. This is done in Indiana, Kentucky, 
 Maryland, South Carolina, Tennessee and Virginia. 
 
 Foreclosure may also result from occupation by the mort- 
 gagee for twenty years, or a period of time necessary by the 
 statutes to bar a writ of entry; or from entry by the mort- 
 gagee and holding possession for a term of years fixed by 
 law; or by sale under a power of attorney for the purpose, 
 inserted in the original conveyance. If foreclosure is by de- 
 cree of court a time is generally allowed for redemption be- 
 fore the decree is made absolute. As to form, mortgages are 
 exactly like warranty deeds, except that immediately follow- 
 ing the warranty clause, the following words are added, called 
 the defeasance clause: 
 
 "Provided, Nevertheless, that if said , his heirs, 
 
 executors or administrators shall pay unto the said grantee, 
 
 his heirs, executors, administrators or assigns, the sum of 
 
 Dollars in years from date of these presents, with 
 
 interest on said sum at the rate of per cent, per annum,
 
 MORTGAGES. 353 
 
 payable semi-annually, and until such payment shall pay all 
 taxes and assessments to whomsoever laid or assessed, keep 
 the buildings standing on the land aforesaid insured against 
 
 fire in a sum not less than Dollars for the benefit of 
 
 said grantee, his executors, administrators or assigns, at such 
 insurance office as they shall approve, and shall not commit 
 or suffer any strip or waste of the granted premises, or any 
 breach of covenant herein contained, then this deed, as also a 
 certain promissory note having even date herewith, signed by 
 
 said , and whereby the said promises to pay 
 
 said grantee the said sum and interest at the times aforesaid, 
 shall both be absolutely void, otherwise shall remain in full 
 force." 
 
 The following is sometimes added, but is not often consid- 
 ered necessary: 
 
 " And provided further, that until default of payment of the 
 said sum and interest, or other default as herein provided, the 
 mortgagee shall have no right to enter and take possession of 
 the premises." 
 
 Reference is made above to a power of sale given in the 
 original conveyance. If it is desired to give the mortgagee 
 this power it is done by the following words', which are added 
 immediately after the defeasance clause : 
 
 "But upon any default in the performance of the foregoing 
 conditions, the grantee, executors, administrators, or as- 
 signs may sell the granted premises or any part thereof, to- 
 gether with all the improvements that may be thereon, at pub- 
 lic auction in said , first publishing a notice of the time 
 
 and place of sale once each week for three successive weeks 
 
 in some one newspaper in said , and may convey the 
 
 same by proper deed to the purchaser absolutely and in fee 
 simple, and such sale shall be a perpetual bar in law or in 
 equity against me and all persons claiming under me. And 
 23
 
 354 THE UW OF BUSINESS. 
 
 out of the money arising from such sale the grantee or his 
 representatives shall be entitled to retain such sums as are se- 
 cured by this deed, whether the same be then due or not, in- 
 cluding all expenses incurred or sustained by reason of any 
 default on the part of the grantor or his representatives to 
 perform all the conditions of the deed, rendering any surplus 
 there may be to the grantor or his heirs or assigns; and it is 
 agreed that the grantee or his executors, administrators, or as- 
 signs, or any person in their behalf, may purchase at any such 
 sale made as aforesaid, and that no other purchaser shall be 
 answerable for the* application of the purchase money, and 
 that, until default in the performance of the conditions of this 
 
 deed, or heirs and assigns may hold and enjoy 
 
 the granted premises and receive all the rents and profits 
 thereof." 
 
 There are briefer forms of mortgage than this, but none 
 better for all purposes. 
 
 Mortgage deeds are subject to the same requirements in 
 regard to signing, sealing, acknowledging and recording as 
 other deeds. 
 
 In addition to the mortgage deed a note is given for the 
 money called a mortgage note which reads as follows : 
 
 Harrisburg, Pa., July 30, 1889. 
 
 "For value received I promise to pay to John S. Barger or 
 order One Thousand Dollars ($1,000), in two years from the 
 date hereof, with interest at six (6) per cent, per annum. This 
 note is secured by a mortgage of real estate of even date here- 
 with and recorded in the office of the , of county, 
 
 State of . 
 
 (Signature) ." 
 
 WILLS. 
 In order that a will may be valid in law, the person who 
 makes it must be of sound mind and rational judgment. He
 
 wills. 355 
 
 must know what he is doing and the consequences of his act. 
 He must know who his heirs are, his liability to his children 
 and the probable or approximate amount of his property. 
 
 Eccentricity or peculiarity of disposition will not invalidate 
 a will. Delusion, when it affects the disposition of the prop- 
 erty, invalidates the whole will, but if the delusion is as to 
 some minor or unimportant part it does not affect the will. If 
 a contest is made against a will these points become matters of 
 testimony to be proved or disproved by the contending parties. 
 
 A ward or person under guardianship can not make a will. 
 
 One of the most frequent grounds for contests over wills is 
 undue influence, as this more frequently than anything else de- 
 stroys the free agency of the testator, making the instrument 
 the will of another and not that of the testator. A wife's 
 coaxing her husband to leave his property to her would not be 
 considered by the courts undue influence; but if the testator 
 is constrained by force directly or indirectly exerted, or is 
 nagged and pursued to death's door, into making a will con- 
 trary to his wishes and desires, and this state of facts can be 
 shown, the will would be declared invalid. 
 
 How to make a Will. Wills are written or oral. Oral wills 
 are called in law nuncupative. A will may be written with 
 any substance used for writing, ink, pencil, chalk, etc.; and it 
 may be written on any thing, paper, parchment, board, slate, 
 etc. 
 
 The form of words used in a will is not important. The 
 intent of the testator must be clearly expressed. All the 
 terms of a will should be so clear that no mistake in their 
 meaning would be possible. 
 
 A will may be certain or conditional in its terms of devis- 
 ing property. 
 
 A certain will makes absolute disposition of the property. 
 
 A conditional will makes the disposition of the property
 
 356 THE LAW OF BUSINESS. 
 
 depend upon some future event, as the marriage of a child, or 
 a birth or death. 
 
 A will must be signed by the testator, although it is not 
 necessary that the name be placed at the bottom of the 
 writing; it may be written any place on the paper as a signa- 
 ture. He must sign in the presence of witnesses who must 
 see him sign. If he can not write he may direct another to 
 sign for him, in the presence and hearing of the witnesses. 
 Or he may make his mark, even if he can write. 
 
 Seals are now not generally necessary, although a few 
 States still require them. 
 
 The Witnesses to a will should be good; i. e., people of the 
 best character that can be obtained people not only of good 
 character as to truth but of good judgment and business 
 sense, so that if a contest should be made they would testify 
 intelligently as to the facts of signing, etc., and also to the 
 extrinsic circumstances and the testator's mental and physical 
 condition at the time. As many witnesses must sign as the 
 law requires (generally two) and as many more as the testator 
 may desire. The witnesses must sign after the testator and 
 after the will is completed. They must sign their own names, 
 or make their mark, in the presence of the testator and of 
 each other. 
 
 Revoking or Canceling a Will. A will may be revoked: 
 
 i . By burning, tearing or destroying it with intent to re- 
 voke. This must be done by the testator or some one in his 
 presence and by his direction. 
 
 2. By making a new w 7 ill which is signed and executed in 
 due form. 
 
 3. By writing across the face of the will such expressions as 
 "This will is cancelled," or "No longer valid," or "This will 
 is annulled." This must be done by the testator with the 
 intent to cancel the will.
 
 wills. 357 
 
 4. By a codicil (see definitions) which must be executed 
 with the same formality as the original will. 
 
 5. By marriage, after making a will. This annuls the will 
 in most States. 
 
 If a child can prove that he was probably forgotten by his 
 father in his will, the court will award him his share; but if 
 his father left him anything, a dollar, it would bar his claim, 
 for that would be proof that he was not forgotten; or if it 
 can be proved that the father intended to disinherit his son 
 then his claim for a share would be barred. 
 
 Construction of a Will. The wishes of a testator will be 
 carried out by the executor if possible and provided they do 
 not conflict with some positive rule of law, and are not in 
 conflict with public policy. Conditions in restraint of mar- 
 riage are void, though a condition forbidding marriage with 
 one particular person would be valid, as there would be many 
 other eligible persons whom the devisee might marry. A 
 minor can not act as executor and if appointed the court will 
 appoint an administrator in his stead. 
 
 Burden of Proof The burden of proof as to the com- 
 petency of the testator is on the executor. If the witnesses 
 are dead and there are no suspicious circumstances oral testi- 
 mony will be admitted to prove handwriting. If the death of 
 the testator is denied, the executor must prove it.. If the man 
 has been absent seven years and not heard from, the law will 
 infer that he is dead, and act accordingly, but if he should re- 
 turn, all proceedings under the will are void. If a will is con- 
 tested the parties desiring to break it must show to the satis- 
 faction of the court that the will was extorted or made under 
 undue influence. 
 
 FORM OF A WILL. 
 
 The following form is simple and conforms to law: 
 
 Be it remembered, that I , of , in the State
 
 358 THE LAW OF BUSINESS. 
 
 of , being of sound mind and memory, but being well 
 
 aware of the uncertainty of this life, do make this my last 
 WILL AND TESTAMENT: 
 
 After the payment of my just debts and funeral expenses, 
 I bequeath and devise as follows: (Jiere state just what you 
 wish to be done or omitted and use plain, simple words that 
 have but one constrtiction?) 
 
 In testimony whereof, I hereunto set my hand and in 
 the presence of three witnesses declare this to be my last will, 
 this 1 8th day of September, A. D. 1889. 
 
 JOHN C. HILL. 
 
 On this 18th day of September, A. D. 1889, John C. Hill, 
 of Cincinnati, Ohio, signed the foregoing instrument in our 
 presence, and declared it to be his last will, and as witness 
 thereof, we three do now, at his request, in his presence and 
 in the presence of each other, hereto subscribe our names. 
 
 WILLIAMSON D. WATTS. 
 M. B. BLACK. 
 JOHN D. BANKS. 
 
 STATE LAWS ON DEEDS AND WILLS. 
 
 The laws of the States vary somewhat in regard to the 
 formalities to be observed in drawing deeds and wills. The 
 following condensation of the State statutes will be found to 
 cover the important differences : 
 
 Alabama. Deeds must be witnessed. If not witnessed 
 they must be acknowledged and recorded. They have the 
 force of sealed instruments if they so purport on their face. 
 
 Wills must be in writing two witnesses attesting in the 
 presence of testator. 
 
 Arkansas. Deeds must be executed in the presence of, 
 or acknowledged before, two witnesses, who must sign, and
 
 STATE LAWS ON DEEDS AND WILLS. 359 
 
 must be acknowledged before some qualified officer, and be re- 
 corded. 
 
 Wills. Testator must be twenty-one. Will must be ac- 
 knowledged and subscribed by testator in presence of two wit- 
 nesses who must sign by his request. 
 
 California. Deeds must be acknowledged, or proved, 
 and recorded. 
 
 Wills must be subscribed by testator, or some person in his 
 presence, and must be acknowledged, etc., same as Arkansas. 
 
 Colorado. Deeds must be acknowledged and recorded. 
 Witnesses not necessary. Scroll answers for seal. 
 
 Wills must be attested in the presence of testator by two 
 witnesses, and signed by him or some one at his request. 
 
 Connecticut. Deeds must be signed, sealed and acknowl- 
 edged, have two witnesses, and be recorded in the town or 
 city where the land is located. 
 
 Wills must be signed by testator and attested by three wit- 
 nesses. These witnesses must all be present and see the test- 
 ator sign, and sign in each other's presence at the same time. 
 
 Delaware. Deeds; one witness; acknowledged; recorded. 
 
 Wills signed by testator ; attested by two witnesses. 
 
 Florida. Deeds must be sealed and delivered in presence 
 of two witnesses, and acknowledged and recorded within six 
 months after execution. A scroll answers for a seal. 
 
 Wills must be attested and subscribed by three witnesses, 
 in presence of testator, and must be signed by testator, or by 
 some one authorized by him, and in his presence. Nuncupa- 
 tive wills must be proved by three witnesses. 
 
 Georgia. Deeds must be signed, sealed and acknowl- 
 edged ; attested by two witnesses; recorded within one year. 
 A scroll serves for a seal. 
 
 Wills. Same as Florida, except nuncupative. Persons 
 fourteen years old may make a will.
 
 360 THE LAW OF BUSINESS. 
 
 Illinois. Deeds must be acknowledged and recorded. 
 No witnesses necessary. Scroll for seal. 
 
 Wills must have two witnesses ; signed by testator, or some 
 one in his presence. Witnesses must see testator or his repre- 
 sentative sign, and they must sign in his presence. 
 
 Indiana. Deeds must be signed, acknowledged and re- 
 corded. No seals or witnesses are necessary. 
 
 Wills must be attested and signed by two witnesses, and 
 signed by testator, or some one in his presence at his request. 
 
 Iowa. Deeds same as Indiana. 
 
 Wills same as Indiana. Nuncupative wills attested by two 
 witnesses convey property amounting to $300. 
 
 Kansas. Deeds must be signed by the grantor, or some 
 one authorized by him, and acknowledged and recorded. No 
 seals. 
 
 Wills must be .signed by the testator, or some one in his 
 presence, and attested by two witnesses ; also acknowledged in 
 the presence of the subscribing witnesses who saw him sign. 
 
 Kentucky. Deeds must be signed, acknowledged and 
 recorded. No seals. 
 
 Wills must be signed by testator or some one for him, iu 
 the presence of two witnesses who must sign at one and the 
 same time. 
 
 Louisiana. Deeds must be signed, acknowledged and 
 attested by the proper officer and two others, and recorded. 
 No seals. 
 
 Wills. there are three kinds: 1. Mystic or sealed. 2. 
 Nuncupative. 3. Holographic. The testator must sign a 
 mystic will and acknowledge it before a notary and seven wit- 
 nesses, who must all sign. Nuncupative wills are of two 
 kinds : by public act and by private act. A will by public act 
 is written by a notary at testator's dictation and acknowledged 
 in the presence of not less than three witnesses. A will by
 
 STATE LAWS ON DEEDS AND WILLS. 36 1 
 
 private act is written either by the testator himself or at his 
 dictation in the presence of five non-resident witnesses. He 
 and they all must sign it and acknowledge it before a notary. 
 Holographic wills are written and signed by the testator himself. 
 
 Maine. Deeds must be signed, sealed, acknowledged and 
 recorded. Scroll answers for seal. 
 
 Wills must be signed by testator or some one in his pres- 
 ence and subscribed by three disinterested witnesses. 
 
 Maryland. Deeds must be signed, sealed, acknowledged 
 and recorded and have one witness. Scroll for seal. 
 
 Wills must be signed by testator or some one in his pres- 
 ence at his request; must have three witnesses. 
 
 Massachusetts. Deeds must be signed and sealed by 
 the grantor or some one duly authorized by him and acknowl- 
 edged and recorded. No witnesses. Scroll for seal. 
 
 Wills must be signed by testator or some one in his pres- 
 ence at his request, and attested and subscribed by three wit- 
 nesses in the presence of the testator and of each other. 
 
 Michigan. Deeds must be signed, sealed, acknowledged 
 and recorded, and have two witnesses. 
 
 Wills same as Massachusetts, except only two witnesses 
 are required. 
 
 Minnesota. Deeds same as Michigan. Scroll for seal. 
 
 Wills same as Michigan. 
 
 Mississippi. Deeds must be signed, sealed, acknowledged 
 and recorded. One witness. If there be no acknowledgment 
 two witnesses will prove the deed. Scroll for seal. 
 
 Wills. If real estate is devised by other than holographic 
 will, the testament must be attested by three witnesses in the 
 presence of testator ; but by only one if personal property is 
 devised. 
 
 Missouri. Deeds must be signed, sealed, acknowledged 
 and recorded. No witnesses necessary. Scroll for seal.
 
 362 THE UW OF BUSINESS. 
 
 Wills must be attested by two witnesses and signed by tes- 
 tator or some one in his presence. 
 
 Nebraska. Deeds must be signed by grantor and one 
 witness in presence of each other, and be acknowledged and 
 recorded. No seal necessary. 
 
 Wills must be signed by testator, or some one in his pres- 
 ence, at his request, and attested and subscribed in his presence 
 by two witnesses. 
 
 Nevada. Deeds same as Missouri. 
 
 Wills must be signed by testator, or some one in his pres- 
 ence, and sealed ; also subscribed and attested by two wit- 
 nesses. 
 
 New Hampshire. Deeds must be signed, sealed, recorded 
 and attested by two witnesses. Scrolls will not do for seals. 
 
 Wills must be signed and sealed by the testator, or some 
 one in his presence, and be attested and subscribed by three 
 witn esses. 
 
 New Jersey. Deeds same as Missouri. 
 
 Wills must be signed by the testator, or some one in his 
 presence, and subscribed and attested by two witnesses, who 
 must have the testator's acknowledgement of the will, and 
 sign in his and each other's presence. 
 
 New York. Deeds must be signed, sealed, acknowledged 
 and recorded. If not acknowledged prior to delivery one wit- 
 ness must attest. 
 
 Wills must be signed by testator and two witnesses, in the 
 presence of each other. The witnesses must add the address 
 of their place of business. 
 
 North Carolina. Deeds must be signed, sealed, ac- 
 knowledged by one witness and recorded within two years. 
 Scroll for seal. 
 
 Wills must be signed by testator, or some one in his pres- 
 ence, and by two disinterested witnesses. Holographic wills
 
 . STATE LAWS ON DEEDS AND WILLS. 363 
 
 are permitted if testator's signature is proved by three wit- 
 nesses. 
 
 Ohio. Deeds must be signed, sealed, acknowledged and 
 recorded. Two witnesses. Scroll for seal. 
 
 Wills must be signed by testator, or some one in his pres- 
 ence, and by his direction and in presence of two witnesses 
 and attested by them. 
 
 Oregon. Deeds same as Ohio. 
 
 Wills must be signed by testator, or some one in his pres- 
 ence and by two witnesses- at the same time. 
 
 Pennsylvania. Deeds same as Ohio, excepting only one 
 witness is necessary. 
 
 Wills same as Oregon. 
 
 Rhode Island. Deeds must be signed, sealed, acknowl- 
 edged, recorded and delivered. Scrolls will not answer for 
 seals. 
 
 Wills must be signed by the testator, or some one for him, 
 and by two witnesses in the testator's presence. 
 
 South Carolina. Deeds same as Ohio. 
 
 Wills must be signed by the testator and three witnesses in 
 his presence. 
 
 Tennessee. Deeds must be signed and recorded, and ac- 
 knowledged by grantor or two witnesses. No seals. 
 
 Wills must be signed by testator, or some one in his pres- 
 ence, and be signed and attested by two witnesses. Holo- 
 graphic wills are allowed if three witnesses prove testator's 
 signature. 
 
 Texas. Deeds must be signed, sealed and recorded. Also 
 acknowledged or proved by two witnesses. Scroll for seal. 
 
 Wills must be signed by testator, or some one authorized 
 by him, and attested by two witnesses, unless holographic. 
 
 Vermont. Deeds must be signed and sealed in presence 
 of two witnesses; also acknowledged and recorded in the city
 
 364 THE LAW OF BUSINESS. 
 
 or town where the property is located. Scroll will not answer 
 for seal. 
 
 Wills must be signed by testator or some one authorized 
 by him, and by three witnesses in testator's presence. 
 
 Virginia. Deeds must be signed and sealed, and recorded 
 within sixty days. Scroll for seal. 
 
 Wills must be signed by testator or some one authorized 
 by him, and have two witnesses who sign in presence of tes- 
 tator and of each other, unless the will be holographic. 
 
 West Virginia. Deeds same as Ohio. 
 
 Wills must be signed by testator and two witnesses in 
 presence of each other. Holographic wills must be signed by 
 testator or some one for him. 
 
 Wisconsin. Deeds same as Ohio. 
 
 Wills must be signed by testator or some one in his pres- 
 ence and be attested and signed by two witnesses.
 
 CHAPTER III. 
 
 CONTRACTS. 
 
 A CONTRACT is an agreement between competent per- 
 sons, upon a sufficient consideration, to do or not to 
 do a particular thing. 
 
 A simple or parol contract is a contract not under 
 seal; it may or may not be in writing. 
 
 Specialties are contracts under seal, as deeds, bonds, etc. 
 
 A verbal contract is a simple contract in words, either 
 spoken or written. 
 
 An oral contract is a simple contract spoken, or by the 
 mouth. 
 
 An express contract is one in which the terms of the agree- 
 ment are openly stated and understood at the time. 
 
 An implied contract is one some or all of whose terms are 
 presumed by the law, from considerations of reason and jus- 
 tice, to exist. As if I engage a man to do a certain service for 
 me saying nothing about pay, the law will imply that I con- 
 tracted to pay the value of the work. 
 
 The essential qualities of a contract are: i. Assent to all 
 its terms by the parties thereto. 2. A good and valid consid- 
 eration, which must be proved except in bills and notes and 
 other written contracts that bear upon their face prima facie 
 evidence of consideration, but this is open to contradiction by 
 parol testimony. 3. The thing contracted to be done must be 
 lawful. Fraudulent, immoral and forbidden contracts are 
 void. 4. The contract must not be against public policy or 
 the statutes. 5. As a general rule the contract must be bind- 
 ing on both parties, although to this there is a seeming ex- 
 
 365
 
 366 THE LAW OF BUSINESS. 
 
 ception in the case of an infant, who may sue on his contract 
 though he can not be sued. An infant, however, is not con- 
 sidered a competent party to contract, and an agreement with 
 one would scarcely fall within the strict definition of a con- 
 tract. 
 
 Assent. What is meant by assent of the parties is their 
 free, mutual and reciprocal concurrence in and approval of 
 the terms of the contract. Assent may be express or implied, 
 the first being openly declared, the latter presumed by law. 
 It may be oral, written or symbolical. In auction sales assent 
 is almost entirely by signs, a nod from the bidder and a blow 
 from the auctioneer's hammer showing proposition and ac- 
 ceptance a completed contract. Assent must be to the same 
 thing in the same sense; it must comprehend the wdiole of the 
 proposition, and be exactly equal to it in extent and pro- 
 visions and must not qualify them by any new matter. 
 
 Ordinarily and unless otherwise stated the acceptance 
 must be made immediately upon hearing the proposition, but 
 sometimes a definite time is given within which to accept. 
 Any proposition may be withdrawn at any time before ac- 
 ceptance. Assent must be free, i. e., not obtained by violence 
 or intimidation. Duress to any other person will not void a 
 contract, as to a son to secure the father's assent; there is one 
 exception to this where a man's wife is held in duress to se- 
 cure his assent to a contract; here the law makes man and 
 wife one and any obligation he is forced into in order to re- 
 lease his wife is void. 
 
 Assent must be obtained without fraud. Fraud vitiates 
 everything. Obtaining assent by correspondence is some- 
 times attended by some very nice points of law. If I write 
 you that I will sell you a certain horse for $300, you are en- 
 titled to a reasonable time for reply, although I can withdraw 
 the proposition at any time. But the withdrawal takes place
 
 CONTRACTS. 367 
 
 when you receive the notice, not when I mail it, and if you 
 have mailed your acceptance of the offer before my withdrawal 
 is received I will be held to the proposition it is a contract. 
 
 Consideration. By consideration we mean the motive or 
 inducement for making a contract. Our definition of a con- 
 tract, which is Blackstone's definition, and which was also 
 adopted by the celebrated jurist and author, Chancellor Kent, 
 includes "a sufficient consideration" as a necessary part of the 
 definition of a legal contract. It is argued by many good 
 legal minds, including Mr. Stephen, who has written an ex- 
 haustive and standard work on contracts, that consideration is 
 not necessary to the idea of a contract. While not necessary 
 to the idea of a contract, it is admitted by all that it is neces- 
 sary to its enforcement, and this is the standpoint of definition, 
 making it include the elements necessary to give the instru- 
 ment legal validity. Mr. Stephen admits that consideration is 
 necessary to the validity of a parol contract, and Kent says 
 that in specialties, in which no consideration is in fact re- 
 quired, one is always presumed by law, the form of the instru- 
 ment being held to impart a consideration. Yet we know that 
 a contract without consideration is called a nudum pactum (a 
 nude pact) or naked contract, still it is a pactum, and this 
 would seem to imply that a consideration is not necessary. 
 But without discussing further the sufficiency of a definition 
 it will be enough to impress the point that all contracts should 
 be supported by some consideration to render them valid and 
 enforceable. The consideration is the very life of a parol con- 
 tract. 
 
 The most important divisions of consideration are good 
 and valuable. 
 
 A good consideration is one of blood, natural love and 
 affection, and the like. It is used only in deeds and is good 
 there only between the parties; it will not be sufficient against 
 third parties in interest.
 
 368 THE LAW OF BUSINESS. 
 
 A valuable consideration is one which confers some benefit 
 upon the party by whom the promise is made ; or some detri- 
 ment sustained by the party in whose favor the promise is 
 made. A valuable consideration is usually pecuniary or in 
 some way convertible into money. A very slight considera- 
 tion, provided it is valuable, will support a contract. A valu- 
 able consideration is the only kind that is good against subse- 
 quent purchasers and attaching creditors. 
 
 Among the common valuable considerations to contracts, 
 in addition to money, goods or chattels and labor are the fol- 
 lowing : the waiver of any legal or equitable right, at the re- 
 quest of another ; forbearance for a certain time to institute 
 suit on a valid claim ; the prevention of litigation ; marriage, 
 though not convertible into money, is now settled to be a val- 
 uable consideration. Illegal considerations can not be the 
 foundation for a contract. Violations of decency and morality 
 are in contravention of common law and public policy and 
 contracts for these purposes will not be supported, as to com- 
 mit or conceal a crime ; or a contract* for future illicit inter- 
 course. 
 
 A contract based upon a natural or physical impossible 
 consideration is void. 
 
 A consideration which appears valuable but turns out a 
 nullity will not support a contract, as an agreement to do what 
 one is already obliged to do. 
 
 Lawful object. The thing contracted to be done must be 
 lawful or the contract can not be enforced. It would be con- 
 trary to public policy, in fact, it would be encouraging wrong 
 doing for the courts to come to the relief of parties attempt- 
 ing to violate the law. All fraudulent, immoral and forbidden 
 contracts are void; contracts against public policy or the 
 statutes are void, even if the statute does not prohibit the act 
 but only attaches a penalty.
 
 CONTRACTS. 369 
 
 Parties. An idiot can not make a valid contract, neither 
 an insane person. An infant, or a person under the age of 
 twenty-one, can not make a contract that will bind him, ex- 
 cept it be for necessaries in which case he will be held and 
 have to pay. And if he be married and order necessaries for 
 his wife and family he will be held. The court considers the 
 station in life and means of the infant in determining what 
 are necessaries. A necessity for one might be a luxury for 
 another. The son of a deceased millionaire would not be re- 
 quired to subsist on the same allowance that would be suf- 
 ficient and necessary for a boy of poor parentage who must 
 economize that he may have anything left at majority. Food, 
 proper clothing, shelter, medical attendance and instruction, 
 are necessaries, but strangers should inquire whether his law- 
 ful guardian is not able or willing to supply the infant with 
 these necessaries before they do so, for if he is, then others 
 should not unless they want to do it for nothing. If you fur- 
 nish an infant necessary supplies do not take a note for it 
 the note is worthless if he resists it," while your claim for 
 goods sold, if necessaries, will be allowed. The rule of neces- 
 saries holds good also in case of lunatics and idiots. A con- 
 tract made by a lunatic in a lucid interval is good. This rule 
 of prohibiting infants from contracting is intended for their 
 benefit. The time when an infant comes of age is on the last 
 day of his twenty-first year. That is if he were born July 4 
 he would come of age July 3 and would be held just as re- 
 sponsible for all acts done on that day, as signing a note, 
 making a will, etc. as if he were fifty years old. He can not 
 plead the Baby Act for any thing done on that day, he is then 
 a legal man. 
 
 An infant, while unable to contract is still held liable for 
 all torts that he may commit, such as slander, trespass, assault, 
 etc. If he falsely represent himself to be of age and by such 
 24
 
 370 THE LAW OF BUSINESS. 
 
 representation procure goods the party from whom he pro- 
 cured them can take them away and in some States prosecute 
 him for obtaining goods under false pretenses. 
 
 Married women, by the common law, were almost entirely 
 disabled to contract, their personal existence being merged in 
 that of their husbands. Contracts made by them before mar- 
 riage made be enforced by their husbands after marriage but 
 not by themselves. The result is that the contract of a feme 
 covert is generally void unless she act as the agent of her hus- 
 band, in which case it is her husband's contract and not hers. 
 Nearly all the States have special statutes on the rights, duties, 
 privileges and obligations of married women, many of them 
 very much enlarging their powers in this respect, and for a 
 full knowledge of this subject for any State the statutes of 
 that State will have to be searched. Slaves can not make 
 contracts with their masters or with any one else without the 
 master's consent, but as there is no slavery in the United States 
 at the present day this subject need not be further discussed. 
 
 A contract made by a drunken man is voidable unless it be 
 
 for necessaries for himself and family. And if it be not for 
 
 necessaries and the man retain and use the thing bought after 
 
 becoming sober he will be held to affirm the contract and have 
 
 to pay. 
 
 WHAT CONTRACTS MUST BE IN WRITING. 
 
 Statute of Frauds. The law requires that certain contracts 
 to be binding on the parties shall be in writing. Over two 
 hundred years ago this necessity was recognized and in the 
 year 167.7, in the reign of Charles II., the celebrated "Statute 
 of Frauds" was enacted. The object of the statute is well set 
 forth in its title, "for the prevention of many fraudulent 
 practices which are commonly endeavored to be upheld by 
 perjury and subornation of perjury," by requiring that certain 
 contracts shall be in writing. The statute of frauds was an
 
 STATUTE OF FRAUDS. 37 1 
 
 elaborate affair. It covered six distinct heads or subjects and 
 was comprised in twenty-seven chapters. As parts of this 
 statute have been re-enacted by nearly every State in the 
 Union and are now law which every one ought to be familiar 
 with we give the principal features. The great change which 
 this law has introduced was in parol contracts. Up to that 
 time the law recognized only two great classes of contracts, 
 those by deed and those by parol, or sealed and unsealed. 
 This statute drew a distinction between written parol and oral 
 parol, rendering a writing necessary in some cases, though not 
 under seal. The following must be in writing, otherwise the 
 law will not allow an action to enforce them: i. Any special 
 promise by an executor or administrator to answer damages 
 out of his own estate. 2. Any special promise of any person 
 to answer for the debt, default or miscarriage of another. 3. 
 Any agreement made upon consideration of marriage. 4. Any 
 contract for the sale of lands, tenements and hereditaments, 
 or any interest in or concerning them. 5. Any agreement 
 not to be performed within the space of one year from the 
 making thereof. 6. Any agreement for the sale of any goods, 
 wares and merchandise, for the amount of ten pounds sterling 
 or upwards, unless part of the purchase price is paid or part 
 of the goods delivered. 
 
 These are the most important features of the statute and as 
 they are all very important law 7 at the present time perhaps a 
 few words of explanation would be well received. 
 
 1. Executors and administrators in settling up estates are 
 liable to suffer damage and loss, and the attempt was fre- 
 quently made to make them answer for such loss out of their 
 own private estates, and in attempting to do this it was easy to 
 affirm that the executor had said that he would stand good for 
 any damage the estate might sustain under his management. 
 The law says that he can not be held on that kind of a
 
 372 THE LAW OF BUSINESS. 
 
 promise; if the heirs expect to hold him personally liable his 
 promise must be put in writing. 
 
 2. This provision relating to standing good for another 
 man's debts is very important and little understood. It means 
 simply that if a shop keeper proposes to hold me liable on a 
 promise to pay your debt if you do not he must get that 
 promise in writing. To illustrate : Jones and Brown go into 
 Smith's store; Jones wants a coat and Brown says, "He's all 
 right; if he don't pay you 1 will." Smith sells Jones the coat 
 and charges him with it. Jones fails to pay and Smith at- 
 tempts to collect from Brown. He can not; that promise to 
 be good in law must be in writing. If Brown had said to 
 Smith, "Give Jones a coat and charge it to me," or "Give 
 Jones a coat and I will settle the bill," then he would be liable 
 on his naked promise for it is a contract between Brown and 
 Smith and Brown is charged on Smith's books. Merchants 
 should be very careful in this regard and have a distinct un- 
 derstanding who is to be charged on the books, and if one 
 proposes simply to stand good for another or pay if he don't, 
 insist on having a written memorandum of the agreement. 
 
 3. Any agreement upon consideration of marriage. This 
 does not mean an agreement to marry at some future time, nor 
 the contract of marriage itself, but an agreement to do some- 
 thing else provided a marriage take place. A promise to give 
 to a woman, or settle upon her, a specific sum upon her mar- 
 riage is valid if in writing. But the promise must be to the 
 other party to the man. A letter will suffice for the writing, 
 but a letter written to the daughter by her father making the 
 promise, which she did not show to the intended husband or 
 make known to him until after marriage, is not a promise 
 within the meaning of the statute. It must be a promise to 
 one party in consideration that he or she will marry a certain 
 other party. . This clause of the Statute of Frauds has only
 
 CONTRACTS. xi% 
 
 been adopted by a few of the States and so has no general ap- 
 plication in this country. 
 
 4. Any contract for the sale of lands, etc. This does not 
 refer to the deed of conveyance or the actual sale, but to the 
 preliminary contract to sell. The words are obviously in- 
 tended to have a wide operation, as the clause, "or any interest 
 in or concerning them," is very far reaching in its application. 
 The courts have construed the meaning, however, in most un- 
 certain cases. The question might arise whether a contract 
 for the sale of growing crops would be a contract or sale of 
 "any interest concerning lands." This seems to depend upon 
 the intention of the parties. If the grain be reaped and in 
 barns or stacks it is evidently severed and a mere chattel. If 
 it be growing and the sale contemplates a severance when 
 grown and a delivery of it then, it is in the estimation of the 
 parties a mere chattel. As a general rule it may be stated that 
 if the parties consider the land merely as a place of deposit or 
 storing for the vegetable productions they are so far discon- 
 nected from it that they may be sold as chattels, and are not 
 within the statute. If a contract provide for the sale of land 
 and the growing crops, they go as part of the land and come 
 within the statute. An agreement to release dower must be 
 in writing. An agreement to sell growing trees with the priv- 
 ilege to enter and take them away is a contract for sale of an 
 interest in lands and must be in writing. This section is in 
 general force in the States of the Union. 
 
 5. The rule of law for determining whether a contract is 
 to be performed within the space of one year from the making 
 is this: If, when made, it was in reality capable of a full and 
 bona fide performance within the year, without the interven- 
 tion of extraordinary circumstances, then it is to be considered 
 as not within the statute. The understanding or intention of 
 the parties does not control the decision. They may contera-
 
 374 TH E LAW OF BUSINESS. 
 
 plate a much longer continuance of the contract, or a suspen- 
 sion of it and a revival at a future time, but the above rule 
 governs the construction. This clause relates more frequently 
 to contracts for labor and services than anything else and is in 
 force in perhaps all the States of the Union. 
 
 6. Contract for the sale of goods must be in writing signed 
 by the parties or their agents. The payment of earnest money 
 or the acceptance and receipt of a part of the goods takes it 
 out of the statute and renders a written memorandum unneces- 
 sary. The question arises what constitutes acceptance and re- 
 ceipt of a part of the goods, for this statute requires both de- 
 livery and acceptance, and therein differs from the old com- 
 mon law principle which only required delivery of the article 
 in kind and quality ordered. If A order orally B to send him 
 one thousand bushels of wheat, naming the quality and price 
 to be paid; B sends the wheat as ordered. At common law 
 the sale is complete and all A can do is to object to the quality 
 or kind. But under this statute he can immediately return 
 the wheat to B and refuse to pay for it even if it was exactly 
 the kind and quality he ordered, as not only delivery but ac- 
 ceptance is required to complete the sale. If A accept the 
 wheat then he must pay and can not after that resist because 
 the order was not in writing. To avoid cases of this kind 
 merchants should insist on having orders for goods in writing. 
 This clause has been adopted in nearly all the States and 
 where it has not the common law rule holds good. The mini- 
 mum limit, "ten pounds sterling," as written in the original 
 statute, is usually made fifty dollars in this country although 
 some States make the amount less. The subject of " De- 
 livery," which has an important bearing on this question, will 
 be found discussed further on under that head. 
 
 IMPLIED PROMISES OR CONTRACTS. 
 
 Implied contracts are such as reason and justice dictate,
 
 CONSTRUCTION. 
 
 375 
 
 and which the law presumes ever}- man undertakes to per- 
 form. If A employ a person to do work for him without 
 naming a price the law implies that he contracted to pay the 
 real value of the services. Parsons says that " these contracts 
 form the web and woof of actual life." Closely allied to these 
 are certain engagements or promises which the law will 
 always imply and which are seldom expressed. 
 
 If a man undertake a trust or office the law presumes a 
 promise on his part to perform his undertaking with integrity, 
 diligence and skill, and the want of any of these lays him 
 liable to his employer for damages. 
 
 When an agent contracts in the name of his principal he 
 implies that he has the authority of the principal. 
 
 The law requires a man to pay taxes and presumes his 
 promise to do so, and if he fails a suit is brought to collect 
 the same. Towns and cities are obliged to take care of their 
 indigent poor. 
 
 Metcalf says truly that the only ground upon which an 
 action can be maintained on an implied contract is that of 
 justice, duty and moral obligation. A man is bound to sup- 
 port his wife and children and if he drive them from home 
 and then publish a notice that he will not be responsible for 
 debts contracted by them, it will not avail, he will be com- 
 pelled to pay bills they may contract for the necessaries of 
 life. But if they left his house against his wishes, it would 
 be different. 
 
 If I know a man is rendering me service and I permit him 
 to continue I am bound to pay him the fair value for his 
 work, but if I know nothing of it and don't see him he can 
 not collect wages even though his services benefit me. If a 
 plasterer is plastering your house and before he is done it 
 burn down you will have to pay him for work done. 
 
 Construction." The intention of the parties is the pole-
 
 376 THE LAW OF BUSINESS. 
 
 star of construction," says Bouvier. But the intention must 
 be found expressed in the contract, and be consistent with the 
 rules of law. If the contract is so defective that the meaning 
 of the parties can not be determined, the court will not make 
 a new contract for them, nor will it force words out of their 
 real signification. The situation of the parties and the subject- 
 matter will be fully considered in arriving at the sense of the 
 language used. 
 
 If the contract relates to a trade or profession the words 
 peculiar to that trade will be given their technical meaning. 
 Words that are manifestly inconsistent with the declared pur- 
 pose or intent of the contract will be rejected, and words 
 omitted so as to defeat the effect of the contract, will be sup- 
 plied by inference from the context. If words have two mean- 
 ings, that will be given them which gives effect to the design 
 of the parties. The whole contract is to be considered with 
 relation to the meaning of any of its parts. All parts will be 
 construed, if possible, so as to have effect. 
 
 Lex Loci. The law of the place where a contract is made, 
 a right is acquired, or an act done relating to personal prop- 
 erty governs it. This rule applies to determining the validity, 
 or invalidity, of the contract, also the rights of parties under 
 it in all matters pertaining to the modes of execution and au- 
 thentication of the form or instrument of contract ; also to the 
 interpretation of the contract, the meaning of words and use 
 of language employed in it, the legal duties and obligations 
 imposed by it and rights acquired under it. If the parties, 
 however, at the time of making the contract had the laws of 
 another Kingdom or State in view, this general rule of lex 
 loci stated does not apply, neither if the lex loci is itself unjust 
 or contra bonos mores (against good morals). 
 
 The capacity, or incapacity, of the parties to the contract 
 as effected by the questions of minority, coverture, guardian-
 
 SALE. 377 
 
 ship, slavery and other personal disabilities, is to be decided by 
 the law of the place of making the contract. 
 
 A discharge from the performance of a contract under the 
 lex loci is a discharge everywhere. 
 
 A contract of marriage, if valid where contracted is valid 
 everywhere, unless it is repugnant to the settled policy and 
 laws of the country where sought to be enforced ; the recog- 
 nized exceptions in the United States being incestuous and 
 polygamous marriages, and the like. 
 
 The law that governs the conveyances of real estate is the 
 lex rei sitae (law of the place of location of the thing). It is 
 a universal rule of law that any title or interest in land, or any 
 form of realty, can only be acquired or lost conformably to the 
 law of the place where the realty is situated. This rule holds 
 good as to the capacity of the parties to transfer as affected by 
 questions of minority or coverture; or by relations of parent 
 and child, guardian and ward ; also executors and administrat- 
 ors. A man residing in Ohio, and making a deed to land 
 located in Indiana, must conform in every respect to the law 
 of Indiana respecting conveyances, recording, signing, sealing, 
 release of dower, etc. 
 
 Sale. See definition of Sale. 
 
 Sale is a species of contract. The delivery must be im- 
 mediate and complete otherwise it will only be a contract for 
 sale. The payment must be in money. If in goods or any 
 thing but money it is barter or exchange and not sale. 
 
 A sale to be valid must have these conditions: i. The 
 thing sold must be in existence; 2. The parties must be com- 
 petent; 3. The seller must be the owner or his authorized 
 agent; 4. There must be a consideration or price paid; 5. 
 There must be an immediate delivery. 
 
 If a man sell a horse, and on going to the stable to get the 
 horse to deliver find him dead, the sale is void. But a man
 
 378 THE LAW. OF BUSINESS. 
 
 may sell things that are partly in existence only, as a growing 
 crop, or the milk a cow may produce for a certain time, or a 
 colt which a mare may be carrying. A man can not sell what 
 
 he does not own unless he be an agent for the owner. If you 
 find a watch and sell it, the owner can take it wherever he 
 finds it. See the Law of Finding. 
 
 But in the case of negotiable paper this rule does not hold 
 good. If a man find or steal a negotiable note not yet due 
 and sell it he passes title to an innocent purchaser for value. 
 If I sell J. B. Smith goods thinking I am selling to J. D. 
 Smith, who is entirely responsible, I do not pass title to the 
 goods and J. B. Smith could not pass any title to any one to 
 whom he might sell them that would defeat my right to take 
 them away. If I represent myself as solvent, when I am not, 
 and buy goods on the representation the seller may take them 
 away, but not from an innocent purchaser after I have sold 
 them. It is now the custom with wholesale merchants to 
 have retailers who ask for credit make a representation in 
 writing of their actual financial condition, and a merchant 
 who misrepresented in this respect and got a large quantity 
 of goods for which he could not pay was found guilt}' in Cin- 
 cinnati of obtaining goods under false pretenses. 
 
 As to the competency of the parties the same rules hold 
 good that have been previously set forth. 
 
 There must be a price paid and the price must be certain 
 or be capable of being made so. An example would be this: 
 
 j I buy of A one thousands bushels of wheat at the price at 
 which it opened at the Chicago Grain Exchange that morning. 
 Neither of us knows what it is but it can be ascertained; or I 
 buy a horse of B for whatever any three dealers say he is 
 worth; the price is not certain but may be made so. If they 
 fail or refuse to fix a value the sale is void. While the price 
 must be certain the goods must also be specific and capable of
 
 DELIVERY. 379 
 
 positive identification. If I buy one thousand bushels of 
 wheat that exact quantity must be separated from the bulk 
 before the sale is complete. There must also be an exact 
 understanding as to price, quantity, quality and all the ma- 
 terial terms of the sale, for an honest misunderstanding rela- 
 tive to any material fact will vitiate a sale. As to what 
 constitutes a delivery and other important information con- 
 nected with that subject, see the discussion under that head 
 which follows. 
 
 Delivery. It is a maxim of the law that an actual or con- 
 structive delivery must follow a bargain to complete a sale. 
 Originally delivery was a clear and unequivocal act of giving 
 possession by placing the subject of the sale in the hands of 
 the transferee or his agent or in their warehouses, w 
 carts, etc., but in these times delivery is frequently symbolical, 
 as delivering the key to a room where goods are stored, for a 
 delivery of the goods. At common law delivery was not nec- 
 essary to complete a sale as between the parties to the sale, 
 but as against third parties it was necessary, as the posse 
 of an article by the seller after a supposed sale raised a pre- 
 sumption of fraud. If I sell you a horse and you permit me 
 to retain possession of him, and I then sell him to another who 
 knows nothing of the first sale and he takes possession of the 
 horse you have no enforceable claim against him for the horse; 
 only an action against me for the money paid for the horse. 
 
 The rule of delivery is modified in the case of bulky ar- 
 ticles, in which a delivery of a part for the whole will be con- 
 strued as delivery. 
 
 If the buyer is to take goods away, then the separating of 
 the goods from the rest and counting, weighing or measuring, 
 will constitute delivery. 
 
 Instructions are frequently given by a buyer to a seller as 
 to the manner, time and place of delivery. These should be
 
 380 THE LAW OF BUSINESS. 
 
 followed exactly, and if any loss occur it falls on the buyer, 
 whereas, if instructions are not followed and a loss occur it 
 falls on the seller. As to the place of delivery if no instruc- 
 tions are given the nature of the article and its use should be 
 taken into consideration. If it is to be used in a shop or barn 
 it should be delivered there ; it is not delivered if left at his 
 house. 
 
 If a man buys goods and then refuses to take them when 
 delivered or tendered he is liable ; the seller may sell them 
 again and if he does not realize as much as the first was to 
 pay he will be held liable for the difference. 
 
 Stoppage in Transitu. Under some circumstances a mer- 
 chant who has sold and shipped a bill has the right of Stop- 
 page in Transitu. This means the right to stop goods while 
 in transit. It is a right that vests in the seller when the goods 
 have been sold upon credit. 
 
 The right may be exercised by the vendor, or a consignor, 
 to whom the vendor is liable for the price, or a general or 
 special agent acting for him. If it is ascertained that the 
 buyer has become insolvent after buying the goods, and before 
 their delivery, the seller may exercise the right of stoppage in 
 transitu. It must be exercised before the goods have been de- 
 livered to the purchaser, and before he has transferred any 
 title in the goods to any other. Notice should be given to the 
 warehouseman, or carrier, or whoever has custody of the 
 goods, that the right is to be exercised, and that he shall not 
 deliver the goods. If the goods have been delivered to the 
 buyer, or to an agent of the buyer, or have been deposited in 
 a public warehouse for him, or a part have been delivered for 
 the whole, or they in any way, either actually or constructively, 
 come into the possession of the buyer, then the right of stop- 
 Page in transitu is defeated. If they have been put in a ware- 
 house and held for the payment of freight, they are not in the
 
 WARRANT V. 381 
 
 buyer's possession. But if the sale is made, and then for the 
 accommodation of the purchaser, the goods are let lie in the 
 store of the seller for a time, they have been delivered and are 
 constructively in the possession of the buyer. 
 
 Warranty. When a sale is made the seller warrants the 
 title and his right to sell, either expressly or by implication. 
 If the thing sold is in the seller's possession the warranty is 
 implied; if the thing is not in the seller's possession the com- 
 mon law rule was " caveat emptor " (let the buyer beware). A 
 man ought to use all his senses in making a purchase and de- 
 mand warranties for what he is in doubt about. Misrepresent- 
 ation of any material fact vitiates the sale, for it is a species of 
 fraud. A warranty made after a sale is completed is worthless 
 as it has no consideration to support it. If the seller expressly 
 refuse to warrant the goods then no warranty can be implied. 
 
 If goods are not as ordered the buyer may refuse to receive 
 them and return to seller and bring suit for breach of condi- 
 tion ; but if he keeps the goods and sells any of them before 
 he discovers the defects the value of the goods sold will be de- 
 ducted from any judgment he may obtain. He may return the 
 goods, or any part of them, as soon as he discovers the fact 
 that they are not in accordance with the contract. If. when 
 .returned, the seller refuse to take them, then the buyer may 
 sell them and recover from the vendor the loss on the resale 
 of the same, as well as storage and charges for selling. 
 
 FORM OF BILL OF SALE. 
 
 Cincinnati, August 5, 1889. 
 Mr. Thomas Smith. 
 
 Bought of STEINAU & FURST, Jewelers, 
 
 One H. C. Gold Watch, - - $250-0 
 
 Paid, August 5, 1889, Steinau & Furst.
 
 382 THE LAW OF BUSINESS. 
 
 For ordinary every day business the above form is as good 
 as any. 
 
 If it is desired to have a more pretentious instrument the 
 following will be found a good form : 
 
 Know all Men by These Presents, That I, James 
 Pedro, in consideration of Ninety Dollars, paid me by Isaac 
 Don, the receipt whereof is hereby acknowledged, do hereby 
 grant, sell, transfer and deliver unto the said Isaac Don, the 
 following goods and chattels, viz: {here describe the goods.) 
 To have and to hold all and singular the said goods and chat- 
 tels to the said Isaac Don and his executors, administrators 
 and assigns, to their own use and behoof forever, and I hereby 
 covenant with the grantee that- 1 am the lawful owner of the 
 said goods and chattels, and that they are free from all encum- 
 brances whatsoever, and that I have good right to sell the 
 same as aforesaid, and that I will warrant and defend the same 
 against the lawful claims and demands of all persons. 
 
 In Witness Whereof The said James Pedro has set his 
 hand and seal this 5th day of August, 1889. 
 
 L. S. 
 
 Signed, sealed and delivered 
 in the presence of 
 
 If you want to make a Chattel Mortgage with Power of 
 Sale, insert in the above form, between the paragraph ending 
 with phrase, "demand of all persons" and the one begining 
 "In witness whereof," the following form: 
 
 Provided, Nevertheless, That the said Mortgagor, or 
 his executors or administrators shall well and truly pay unto 
 the said Isaac Don, or his executors, administrator or assigns, 
 the sum of Ninety Dollars; then this deed as also a certain 
 promissory note, bearing even date herewith, signed by the 
 said James Pedro, whereby he promises to pay the said Isaac
 
 BILL OF SALE. 383 
 
 Don the said sum of Ninety Dollars and interest at the time 
 aforesaid, shall both be void, and otherwise they shall remain 
 in full force and effect. 
 
 And Provided, Also, That until default by the said 
 James Pedro, or his executors or administrators, in the per- 
 formance of the condition aforesaid, or of some part thereof, 
 it shall and may be lawful for him or them to keep possession 
 of the said granted property, and to use and enjoy the same; 
 but in case of such default, or if the same or any part thereof, 
 shall be attached at any time before payment, as aforesaid, by 
 an}' other creditor or creditors of the said Mortgagor, or if 
 the said James Pedro, his executors or administrators, shall at- 
 tempt to sell the same, or any part thereof, without notice to 
 the said Isaac Don, jor his executors, administrators or assigns, 
 and without his or their assent to such sale, in writing ex- 
 pressed, or shall remove the same, or any part thereof, from 
 the place where they now are, without such notice and assent 
 then it shall be lawful for the said Isaac Don, his executors, 
 administrators or assigns, to take immediate possession of the 
 whole of the said granted property, to his or their own use, 
 and to sell and dispose of the whole, or so much of said prop- 
 erty, at public auction, as shall produce a sum of money suf- 
 ficient to pay and discharge the above mentioned debt or lia- 
 bility, with interest and all costs and charges of keeping and 
 selling the same, and all just and equitable liens then exi-tiiii; 
 
 thereon, without further notice or demand, except giving 
 
 days' notice of the time and place of said sale to said James 
 Pedro, or his legal representatives ; and after the said debt or 
 liability, with interest, costs, charges and liens, shall be BO dis- 
 charged and satisfied, the surplus of the money arising from 
 said sale, and the residue of said granted property shall be 
 paid and restored to said James Pedro, or his legal representa- 
 tives, discharged from all claim under this mortgage.
 
 384 THE LAW OF BUSINESS. 
 
 The note referred to above may take the following form : 
 $90.00. August 5, 1889. 
 
 For value received I promise to pay to Isaac Don, the sum 
 of Ninety Dollars ($90) in six months from this date, with in- 
 terest to be paid monthly at the rate of eight (8) per cent, per 
 annum, during said term, and for such further time as the said 
 principal sum, or any part thereof, shall remain unpaid. 
 
 JAMES PEDRO. 
 Signed in the presence of : 
 
 Elmer J. Dickson. 
 
 Secured by a mortgage on personal property in Dayton, 
 O., to be recorded in {here state the proper place of record}. 
 
 It has become a common custom, especially in all large 
 towns and cities to sell goods On weekly and monthly pay- 
 ments. In these cases the goods are really not sold to the 
 parties but leased upon conditions of payment of a fixed sum 
 at regular intervals, the articles becoming the property of the 
 purchaser or lessee when all is paid. 
 
 LEASE FOR ARTICLES SOLD ON INSTALLMENTS. 
 
 Denver, Col., Aug. 5, 1889. 
 Know all Men by these Presents, That I, Thomas 
 Bixby, have this day received of S. B. Glass & Co., under an 
 agreement for a conditional sale, one Eclipse Clothes Wringer; 
 for the use of said Clothes Wringer, and as rent for the same, 
 I have this day paid to the said G. B. Glass & Co., fifty cents 
 and promise further to pay to them or their legal representa- 
 tives twenty-five cents per week (the first payment to be made 
 on the 1 2th day of August, 1889) until such time as the sums 
 so paid and to be paid by me shall amount to the sum of 
 Eight Dollars, at which time said rent shall cease, and the 
 said wringer become my absolute property, but in case of fail-
 
 NOTES AND BILLS. 385 
 
 ure to pay said rent, as aforesaid, the said S. B. Class & Co. 
 may, without being deemed guilty of trespass or tort, and 
 without thereby rendering themselves liable to refund any 
 sums received by them from me as rent, as aforesaid, enter 
 any house or place where the said wringer may be and take 
 possession of and remove said wringer therefrom, and I 
 further agree that so long as said rent shall be payable, as 
 aforesaid, I will not injure, sell, mortgage or relet the said 
 wringer or remove it from my premises, and that in case of 
 failure to pay said rent I will on demand return the said 
 wringer to the said S. B. Glass & Co. or their legal represen- 
 tatives. 
 
 Witness my hand and seal this 5th day of August. 1889. 
 
 Sig. 
 
 Signed and sealed / 
 
 in presence of i 
 
 These leases do not generally require a seal or witnesses 
 although we believe in a few States they do. 
 
 NOTES AND BILLS. 
 
 A promissory note is a written promise to pay a certain 
 sum of money at a future fixed time, unconditionally. It 
 must be in writing. It must be for money only, and the 
 amount must be fixed and certain. The promise to pay must 
 be absolute. An acknowlegement of debt as "I. O. U.." etc., 
 is not a promissory note. It must be payable at a certain 
 time or upon an event that must surely occur. The most im- 
 portant feature, commercially, of a promissory note, is the 
 fact that it is payable at all events, and not dependent on any 
 contingency whatever. The amount is generally written in 
 both figures and words and if there is a difference between the 
 two the words control. 
 25
 
 386 THE LAW OF BUSINESS. 
 
 A Negotiable Note is one made payable to bearer or order. 
 In some States, as Kentucky, it must also be made payable at 
 some bank. If made payable to order it must be endorsed on 
 the back with the name of the person to whom it is made pay- 
 able if he should sell or transfer it to another before maturity. 
 The endorser thus becomes responsible for the payment of the 
 note. He may avoid liability of payment by writing after his 
 name the words, "without recourse." 
 
 Following is a form of a promissory note due in ninety 
 days at six per cent, interest : 
 
 Cincinnati, O., June 18, 1889. 
 Ninety daj r s after date, for value received, I promise to pay 
 to William T. Johnson, or order, Nine Hundred and Fifty- 
 three Dollars ($953.00). Interest six (6) per cent. 
 
 Payable at Merchant's 
 
 National Bank. JAMES R. BUCKNER. 
 
 A Joint Note is one in which two or more people join and 
 promise to pay, all signing. It usually reads "we promise" 
 although if "I promise" is used and two or more sign, all are 
 held and they can be sued jointly or separately. 
 
 The proper form for a joint and several note is "We or 
 either of us promise to pay," but the law construes joint notes 
 reading "We promise" in the same way holding each one 
 liable for the whole amount. 
 
 Days of Grace is time allowed for the payment of a note 
 after it is really due. This time is three days. Banks charge 
 interest for them. If a note has been sold and endorsed the 
 endorser must be notified at the expiration of the three days, 
 otherwise he is released from liability to pay. This notifica- 
 tion of an endorser of the failure of the principal to pay the 
 note is called Protest. It must be done in proper form and at 
 the proper time and must be done by a Notary Public. Usu-
 
 NOTES. tfy 
 
 ally sight bills are not allowed grace, hut it is allowed in the 
 States of Maine, New Hampshire, Massachusetts, North Caro- 
 lina, South Carolina, Alabama, Indiana, Kentucky, Wisconsin, 
 Iowa, Michigan and Dominion of Canada. 
 
 Demand Notes are payable on presentation. They read 
 "On demand," etc. "I promise to pay," etc. They are not 
 entitled to Grace. Interest begins when demand is made and 
 runs at legal rate till the note is paid unless stipulated differ- 
 ently in the note. The endorser is only held for a limited 
 time varying in different States. 
 
 Notes falling due on Sunday, or on a legal holiday, are 
 payable on the day previous. 
 
 Notes dated on Sunday are good in most States, although 
 in a few they are void. 
 
 Altering a Note in any material way by the holder makes 
 it void. 
 
 Notes given by Minors are voidable. This means that the 
 minor can successfully resist the payment upon the grounds 
 of his minority when signing. If he does not urge this as a 
 cause for not paying the note, the court will not take notice 
 of the fact of the maker's minority and the note will have to 
 stand upon its merits as if given by an adult. 
 
 Losing a Note by theft, or otherwise, does not release the 
 maker from payment if the holder can prove the amount and 
 consideration. 
 
 Notes obtained by fraud or given by an intoxicated person 
 can not be collected. 
 
 An endorser has a right of action against all the persons 
 whose names appear as endorsers on the note previous to his. 
 
 Accommodation paper is a note given without any consider- 
 ation, for accommodation. Smith needs money. He goes to 
 Brown and says, "Give me your note for $500 for thirty d 
 Brown owes Smith nothing but gives him his note for the
 
 388 THE LAW OF BUSINESS. 
 
 amount and he takes it to a bank where Brown's credit is good 
 and discounts it and raises the needed money. At the end of 
 thirty days Smith must take up the note and return it to 
 Brown. These notes are not valid between the parties but 
 would be in the hands of an innocent third party without no- 
 tice. Mutual notes exchanged are good ; they are not consid- 
 ered accommodation notes but business. 
 
 The words, "value received," should always be written in 
 a note, otherwise it might be necessary to prove the considera- 
 tion for which the note was given. 
 
 Bill of Exchange. See Definitions. A note after endorse- 
 ment becomes for all practical purposes a bill of exchange. 
 The payee by his endorsement orders the maker to pay the 
 amount of the note to a third party who may or may not be 
 named. The person making a bill of exchange is called the 
 drawer. The person to whom it is directed and who is ordered 
 to pay is called the drawee. The person to whom the mone}' 
 is payable is called the payee. When the bill is presented to 
 the drawee he will signify his intention of paying or not as 
 the case may be. If he intends to pay he will write across the 
 face of the bill the word " Accepted " and sign his name 
 beneath. He then becomes the acceptor. 
 
 A bill must be written. It must be properly dated both as 
 to time and place of making. The time of payment should be 
 expressed. If no time is stated it is understood to be payable 
 on demand. This demand by one person of another to pay 
 money must be made by right and not as asking a favor. It 
 must be absolute and not contingent. 
 
 A Foreign Bill is one of which the drawer and drawee re- 
 side in different countries. 
 
 An Inland Bill is one of which the drawer and drawee re- 
 side in the same country. 
 
 A bill should always be presented to the drawee or some
 
 NOTES. 389 
 
 one authorized to represent him. If he refuse and the bill 
 addressed to any other party present it at once to the other 
 party. In order to hold the drawers or indorsers you must 
 present it to each one to whom it is addressed. Presentation 
 must be made in business hours and on business days, not on 
 Sundays or holidays. As to place of presentation, it may be 
 made any place, at his home, place of business, or wherever 
 the drawee may be found. 
 
 Indorsers are entitled to immediate notice, as unreasonable 
 delay will relieve them. As soon as the indorser receives no- 
 tice he should notify the drawer, or other indorser, to whom 
 he expects to look for payment. 
 
 Notices are usually sent by mail. Indorsers and acceptors 
 guarantee the solvency of the party and the validity of the 
 note or bill. 
 
 An indorser's contract is conditional. He contracts to pay 
 if the maker does not, after demand and notice have been 
 given. However, it is not a collateral agreement; he simply 
 contracts to pay his own debt. 
 
 A bill or note should be presented on the day it is legally 
 due, at the place appointed, or at the house or place of busi- 
 ness of the maker or acceptor ; in case of death, to his per- 
 sonal representative ; in case of insolvency, to his legal repre- 
 sentative. If the maker leave the country, presentation at his 
 last place of abode will hold indorsers; if after diligent search 
 the maker of a note or acceptor of a bill can not be found the 
 legal rights of the payee are as secure as though presentation 
 had been made. 
 
 A Surely on a note is a person who becomes bound for its . 
 payment for the maker who is already bound. A surety's en- 
 gagement must be in writing. It is not collateral, but binds 
 him as an original debtor. He must pay in any event and 
 may be sued before the maker if their contract is not a joint
 
 390 THE LAW OF BUSINESS. 
 
 one, and if it is at the same time with him. A surety is en- 
 titled to all collaterals given to creditor to secure the debt, and 
 if the creditor give the collaterals, up to the debtor to the 
 prejudice of the surety it will discharge the surety or indorser 
 from liability. Neither has the holder of a note the right to 
 extend the time of payment to the debtor or do anything 
 detrimental to the surety's interests, otherwise surety will be 
 released. If the principal debtor is a minor that fact will not 
 release the surety. 
 
 An indorser can not be released before maturity, because 
 his liability must be fixed by demand, notice and presentation. 
 
 When banks have paper and send out notice before matur- 
 ity, it is a demand and notice. 
 
 First is presentment and demand of payment; then if re- 
 fused, comes protest; then follows notice to all parties inter- 
 ested. 
 
 BONDS. 
 
 A bond is a species of contract by which one person be- 
 comes bound to another in a certain sum, the payment of the 
 whole or a part of which depends upon certain conditions set 
 forth in the bond. The maker of the bond is called the 
 obligor, and the one to whom he binds himself the obligee. 
 The amount of his obligation is called the penalty or penal 
 sum, because the payment is the penalty of standing for the 
 good conduct of some person employed in a public or private 
 capacity, who has defaulted or failed to perform his duty. 
 The condition of the bond usually is the faithful and honest 
 performance of certain duties, and it is very important that 
 this clause be set out clearly and state fully the reason for 
 the existence or creation of the bond. Nearly all public offi- 
 cers and man} 7 private employes, especially those who handle 
 their employers' money, are required to give bond for the 
 faithful and honest discharge of their duties.
 
 AGENTS. 
 
 39 1 
 
 Form of Bond. The following form will be found suf- 
 ficient for all practical purposes: 
 
 Know all Men by these Presents, That I, James 
 Mills, of Quincy, in the State of Illinois, am held and stand 
 firmly bound unto John D. Banks, of Chicago, in the State of 
 Illinois, in the sum of One Thousand Dollars ($i,ooo), to be 
 paid to the said John D. Banks, or his executors, administra- 
 tors, or assigns, to which payment I bind myself, m\ heirs, 
 administrators, or executors, firmly by these present-. 
 
 The condition of this obligation is such that if William 
 Timson, of Quincy, Illinois, faithfully and honestly perform 
 all the duties incumbent upon him as collector for the said 
 John D. Banks, then this obligation shall be void: otherwise 
 it shall remain and be in full force and virtue. 
 
 In Witness Whereof I have hereunto set my hand and 
 seal this 18th day of September, A. D. 1889. 
 
 JAMES- MILLS, L. S. 
 
 Signed and sealed in the \ 
 
 presence of j ALFRED BOGGS. 
 
 AGENTS. 
 
 Persons who do business for others are agents. Those who 
 employ them are called principals. The agent's authority 
 must be equal to his duties. If they are authorized to bind 
 their principals in written agreements their authority to do so 
 should also be in writing. If they are to convey real estate, 
 requiring a sealed instrument, their authority should als 
 under seal. An exception to this rule is in the case of a cor- 
 poration, which may, by a vote of the board of directors, au- 
 thorize their agent to contract by deed. 
 
 Two principles underlie agency. The first is tin 
 the law of agency, and the second is the basis of the respon- 
 sibility of the principal for the acts of the agent.
 
 392 THE LAW OF BUSINESS. 
 
 i . The first principle is that the agent is but the instru- 
 ment of the principal, who acts by or through him. This 
 makes the principal responsible for his own acts, and their 
 legitimate results, equally whether he does them directly him- 
 self, or mediately, through some outside instrumentality ; and 
 it matters not whether he uses an unconscious and material 
 instrument, or a living and intelligent instrument ; whether he 
 signs his name with a pen, or by a man whom he requests to 
 sign for him. The act done is the act of the principal in either 
 case. He assumes the relations, acquires the rights, and in- 
 curs the obligations which properly result from these acts 
 equally in either case. 
 
 2. The second principle fixes the relation of third parties 
 to the principal. It is this : As between a principal and a 
 third party who has supposed himself to be dealing with a 
 principal by means of one representing himself as an agent, 
 the principal is responsible for and is bound by the acts of his 
 agent on one of two grounds : The first is that he has actually 
 created this agency ; the second is that he has in some way, by 
 word or act, fully led the third party to believe that the per- 
 son is his agent. If he has acted or spoken in such manner 
 as to justify the belief in the third party that this person had 
 from him sufficient authority to do that particular thing, as his 
 agent, he can not answer that the third party made a mistake, 
 or that the agent had no authority, or that his authority did 
 not extend that far. When courts decide this question all the 
 attendant circumstances of the transaction, and the usages in 
 regard to such transactions, are taken into consideration. 
 
 A general agent is one authorized to transact all of his 
 principal's business, or all of his business of a certain kind. A 
 particular or special agent is one authorized to do one or two 
 particular or special things. 
 
 If a special agent exceed his authority the principal is not
 
 AGENTS. 393 
 
 bound. If a general agent exceed his authority his principal 
 is bound, provided the agent acted within the ordinary scope 
 of the business he was authorized to transact, and the party 
 dealing with him did not know he was exceeding his author- 
 ity. A man may be a general agent for a special purpose, as 
 a milling company may employ an agent to purchase all their 
 grain. As long as he purchases grain his principals will be 
 held responsible. If he should buy iron ore or wool, it would 
 be considered so far out of the usual scope of the milling bus- 
 iness that his principal would not be held. 
 
 It is a fundamental principle that a man can only be bound 
 by those acts of another which he has authorized. A railroad 
 corporation appointed an agent to issue certificates of stock, 
 upon a transfer on the company's books by a previous owner 
 and a surrender of that owner's certificate ; the agent fraudu- 
 lently issued certificates for his own benefit, not complying 
 with either of the above conditions. His acts were held to be 
 beyond the scope of his authority, and his principals not 
 bound.* An agent was authorized to purchase goods to a cer- 
 tain amount. He purchased beyond that amount, assuring the 
 seller that he had not exceeded the amount authorized, and 
 the seller sold on this assurance. The majority of the court 
 ( Wilde, J., dissenting) held that he exceeded his authority and 
 the principal was not held.f There is serious doubt about 
 this last decision, and it is evident that this principle must not 
 be extended too far. We introduce it here to show how closely 
 the line is drawn on some of these cases arising under the law 
 of agency. 
 
 An agent may have authority to sign his principal's name 
 to notes for the purpose of raising money to be used in the 
 
 Mechanics' Bank vs. N. Y. & N. H. R. R. Co. 3 Kern. 599. 
 fMussy vs. Beecher. 3 Cush. 511.
 
 394 TH E LAW OF BUSINESS. 
 
 principal's business, and then having procured the money he 
 may convert it to his own use ; and the agent may have in- 
 tended to do this at the time, but the principal would be held 
 responsible for all the notes, because the whole transaction is 
 strictly and literally authorized. The misappropriation of the 
 money is a breach of trust, and would not affect an innocent 
 third party. 
 
 Signature by Agent. The best way for an agent to sign a 
 writing for his principal is A by B, A being principal and B 
 agent. If he sign B for A, B is held to be the principal and 
 A the agent, although the intention would seem to be to make 
 B the agent. It is essential in deeds that the name of the 
 principal appear distinctly as such, so that there be no confu- 
 sion about who is principal and who agent. 
 
 Extent of Authority. An agent is considered to have au- 
 thority to do those subordinate acts which are necessary to 
 the principal act which he is authorized to do, or which are 
 usually and properly done in connection with it, or which are 
 essential to carry it into effect. An agent to collect debts 
 may exercise his discretion in giving the debtor reasonable 
 indulgence in time of paying. An authority to sell does not 
 carry with it authority to give credit unless that is the usage 
 of the trade. If an agent sells for credit, without authority 
 to do so, he becomes personally responsible to the principal 
 for the whole debt. If an agent's authority is given in a 
 written instrument, and the person dealing with him know of 
 such instrument, it must be followed strictly; usage will not 
 suffice to justify a variance from its directions. A power to 
 sell does not carry with it a power to warrant, unless the sale 
 is one usually attended with warranty. If the usage is in any 
 particular case to warrant, and the principal expressly in- 
 struct his agent not to warrant, and the agent disobey the 
 instructions and warrant the article, and the buyer is justified
 
 agent's liability. 395 
 
 in believing that the agent had authority to do so, the princi- 
 pal will be held to the warranty notwithstanding his instruc- 
 tions to the agent. 
 
 Usage is very important in all these questions. The rule 
 may be laid down, however, that usage will not enlarge or 
 extend an authority given in writing and known to the party 
 dealing with the agent; but in case of oral authority usage 
 frequently enlarges and modifies the scope of the agent's 
 authority. 
 
 If an agent selling goods makes a material misrepresenta- 
 tion which he believes to be true, but which his principal 
 knows to be false, it is the falsehood o the principal and avoids 
 the sale. 
 
 Right of Action under Contract made by Agints. In case 
 of a simple contract an undisclosed principal may show that 
 the apparent party to the contract was really his agent and 
 put himself in the place of the agent, but not so as to impair 
 the rights of the other party. In contracts, by deed, no party 
 can have any right of action under them but the party whose 
 name is in them. 
 
 A purchaser for an unknown principal whom he does not 
 disclose is himself liable for the price. 
 
 An unknown principal can not come in and adopt his 
 agent's contract in part and reject it in part ; he must adopt it 
 as a whole or not at all. 
 
 If the principal's name is disclosed at the time of making 
 the contract he is the one to sue upon the contract. This is 
 true even if he be a resident of another State than that in 
 which the agent resided and made the contract. 
 
 Agent's Liability. As a general rule an agent is not per- 
 sonally liable. He becomes liable in the following instances: 
 i. When he transcends his authority or departs from its pro- 
 visions. 2. When he expressly pledges his own liability, and
 
 396 THE LAW OF BUSINESS. 
 
 in this case he is liable even if he describe himself as agent. 
 3. When he conceals his character as agent. 4. When he so 
 conducts himself or his agency as to render his principal inac- 
 cessible or irresponsible. 5. When he acts in bad faith. 
 
 If an agent's acts are open to two constructions, one of 
 which would bind himself and the other the principal, the law 
 prefers that construction which binds the principal. 
 
 If a party deals with an agent and knows him to be such, 
 and knowing that the principal is bound, yet takes the agent's 
 individual note, the principal is discharged. 
 
 If a person sign as agent of a company which has no ex- 
 istence he is personally liable. 
 
 If an agent acts without authority he is personally liable. 
 
 The case where an agent acts without authority but hon- 
 estly believes that he has authority may be involved in some 
 doubt. The test of his personal liability will probably be 
 found in his means of knowing the facts in the case. If he 
 could have known, but did not through his negligence or fault 
 of his own, then he will be held personally liable. Of this 
 there can be no reasonable doubt. How about the case where 
 he could not possibly know but what his authority was good, 
 as in the case of a forged letter of instructions which he could 
 not detect? He deals with a third party who is also entirely 
 innocent and a loss occurs. Who is to bear it? This is a 
 hard case. We believe, however, that it will still fall upon the 
 person who supposes he is acting as agent, although there are 
 decisions holding otherwise. The loss must fall between him 
 and the innocent third party, as it is well settled that the sup- 
 posed principal, whose name was forged to the letter giving 
 the authority, can not be held. It seems only just that the 
 loss should fall upon him who innocently yet falsely assumed 
 this authority. 
 
 The question still remains whether the supposed agent can
 
 EFFECT OF AGENT'S MISCONDUCT. 397 
 
 be held on the contract which he may make with a party under 
 the impression that he has the authority to do so. And it has 
 been decided that he can be held, but we think that this is 
 carrying the principle too far and incline to the view of Par- 
 sons, that the better and more equitable opinion would be that 
 the contract is wholly void. 
 
 Revocation of Authority. Authority may be revoked at 
 any time, unless the agent have an interest in the business or 
 the authority is given for a valuable consideration. In case of 
 a special agent notice of revocation is not necessary, but when 
 the authority of a general agent is revoked, the principal will 
 be bound by the further acts of the agent done with third 
 parties accustomed to dealing with him in that capacity, unless 
 he make the revocation as notorious as was the fact of the 
 agency. This is usually done by advertising. Third parties 
 who never dealt with such agent before the revocation, but 
 who had reason to believe as a part of the general community 
 that such agency existed, and had no means of knowing of 
 the revocation, may hold the principal liable for the acts of the 
 agent after revocation. 
 
 Revocation may be affected expressly, or by some action 
 relative to the subject-matter that is irreconcilable with the 
 continuation of the agency. The death of the principal al- 
 ways revokes the agency unless the agent has an interest in 
 the property on which his power is to be exercised. The 
 death of the agent also revokes the authority. If a firm be 
 agent and one member of the firm die, his estate can not be held 
 for subsequent misuse of the authority by the surviving partner 
 
 Effect of Agent's Misconduct. A principal can not benefit 
 by the fraudulent misrepresentation of his agent, even if he 
 be entirely innocent and ignorant of the practice of the fraud, 
 and if the party dealing with the agent suffer from the fraud 
 the principal must make compensation.
 
 398 THE LAW OF BUSINESS. 
 
 The principal can not take advantage of a better bargain 
 which his agent has obtained by falsely representing matters 
 peculiarly within his or his principal's knowledge, although 
 he be innocent and there be no actual fraud, but the third 
 party may rescind the contract and recover back money paid 
 to the principal by reason of such misrepresentation. 
 
 Notice to an agent is notice to the principal respecting any 
 matter distinctly within the scope of the agency, if given 
 before the transaction begins. Knowledge obtained by the 
 agent in the course of that particular transaction is notice. 
 
 Actions brought by third parties for money paid to an 
 agent to which the principal has color of right should be 
 brought against the principal. 
 
 If an agent depart from instructions and the principal ac- 
 cept the results of his act he thus discharges the agent from 
 personal liability for such deviation. 
 
 If a principal proposes to repudiate the act of an agent 
 who has deviated from instructions he must do so at once and 
 unequivocally as soon as he is fully acquainted with the cir- 
 cumstances. If he delay to see whether he may have a 
 chance of making a profit, or if he exercise acts of owner- 
 ship over the property, he will be held to have accepted and 
 confirmed the act of his agent. 
 
 An agent can not in general delegate his power to another 
 unless he is specially empowered to do so. 
 
 An agent is bound to exercise such care and diligence in 
 the management of his principal's business as a reasonable 
 man under similar circumstances would take of his own. 
 
 An agent may not dispute his principal's title unless such 
 title were obtained by fraud. 
 
 An agent must not place himself adverse to the interests 
 of his principal. 
 
 An agent must keep a correct account of all money trans-
 
 POWER OF ATTORNEY. 399 
 
 actions and render the same to his principal when called upon 
 or at proper times, and if he so mix his own and his prin- 
 cipal's property that he can not render an exact account the 
 whole of what is thus undistinguishable is held to belong to 
 the principal. All profits made by an agent belong to the 
 principal, except the agent's proper compensation. If an 
 agent perform his services well and truly, according to in- 
 structions and the principal repudiate and refuse to accept, 
 the agent may recover from the principal the stipulated price 
 for his services. 
 
 POWER OF ATTORNEY. 
 
 An attorney is an agent for a special purpose. A Utter or 
 power of attorney is authority in writing by which one or 
 more persons give to one or more other persons power to 
 transact a particular lawful business for them. The rules of 
 law governing attorneys acting under special letter of author- 
 ity are the same as previously recited for agents. 
 
 FORM OF GENERAL POWER OF ATTORNEY. 
 
 Know all Men by these Presents, That I, Charles 
 Jolley, of Hebbardsville, Athens Co., O., have constituted, or- 
 dained and made, and in my stead and place put, and by these 
 presents do constitute, ordain and make, and in my stead and 
 place put Elmer Dent, of New Haven, Connecticut, to be my 
 true, sufficient, and lawful attorney for me and in my name 
 and stead and to my use, to ask, demand, levy, require, re- 
 cover, and receive of and from all and every person or persons 
 whomsoever the same shall or may concern, all and singular 
 sum and sums of money, debts, goods, wares, merchandise, ef- 
 fects, and things whatsoever and wheresoever they shall and 
 may be found due, owing, payable, belonging, and coming 
 unto me the constituent, by any ways and means whatsoever. 
 
 Giving and Hereby Granting Unto Elmer Dent, said
 
 400 THE LAW OF BUSINESS. 
 
 attorney, my full and whole strength, power and authority in 
 and about the premises; and to take and use all due means, 
 course, and process in the law for the obtaining and recovering 
 of the same; and of recoveries and receipts thereof, and in my 
 name to make, seal and execute due acquittance and discharge ; 
 and for the premises to appear, and the person of me the con- 
 stituent to represent before any governor, judges, justices, of- 
 ficers and ministers of the law, whatever, in any court or 
 courts of judicature, and there on my behalf to defend, answer 
 and reply unto all actions, causes, matters and things whatso- 
 ever relating to the premises. Also, to submit any matter in 
 dispute to arbitration or otherwise ; with full power to make 
 and substitute one or more attorneys under him, said attorney, 
 and the same again at pleasure to revoke. And generally to 
 say, do, act, transact, determine, accomplish, and finish all 
 matters and things whatsoever relating to the premises as 
 fully, amply and effectually, to all intents and purposes, as I, 
 the said constituent, if present,' ought or might personally, al- 
 though the matter should require more special authority than 
 is herein comprised, I, the said constituent, ratifying, allowing 
 and holding firm and valid all and whatsoever Elmer Dent, 
 said attorney, or his substitutes shall lawfully do, or cause to 
 be done in and about the premises, by virtue of these presents. 
 In Witness Whereof, I have hereunto set my hand and 
 seal this 18th day of September, A. D. 1889. 
 
 CHARLES JOLLEY. [L,. S.] 
 Signed, sealed and delivered in 
 presence of John Vorhes. 
 
 FORM OF SPECIAL POWER OF ATTORNEY. 
 
 Know all Men by these Presents, That I, Peter Hib- 
 bard, of Hebbardsville, Athens Co., O., hereby constitute and 
 appoint Albert Lawson, of St. Louis, Mo., to be my true and
 
 PARTNERSHIP. 401 
 
 lawful attorney for me, and in my name and stead to (here 
 state the special power to be given), hereby granting unto him. 
 said attorney, full power and authority, in my name and be- 
 half, to sign, seal, acknowledge and deliver any and all deeds, 
 or other instruments in writing, which he may deem neci 
 or proper in the premises, and otherwise to act in and con- 
 cerning the premises as fully and effectually as I might do if 
 personally present. 
 
 In Witness Whereof, I have hereunto set my hand and 
 seal the 18th day of September, A. D. 1889. 
 
 PETER HIBBARD, [L. S.] 
 Signed and sealed in presence 
 of John J. Coe. 
 
 PARTNERSHIP. 
 
 A partnership consists of the combination of two or more 
 persons in business for common profit, each one contributing 
 his property, money, labor and skill, or one or all of these. 
 
 A partnership may be formed by oral or written agree- 
 ment. It is always best whatever the other relation of the 
 parties may be to have the partnership agreement clearly eel 
 forth in writing. 
 
 Persons competent to transact business on their own ac- 
 count may enter into partnership, the disabilities of infancy, 
 lunacy, coverture, etc., applying equally in both cases. 
 
 The members of the partnership are called partners. 
 
 An ostensible partner is one whose name is published to 
 the world as such, and who usually takes an active part in 
 the business. 
 
 A nominal partner is one in name only. 
 
 A silent or dormant partner is one really a partner but who 
 strictly takes no share in the transaction or control of the 
 partnership business. 
 
 A secret partner is one not openly declared to be a partner. 
 26
 
 402 THE LAW OF BUSINESS. 
 
 Dormant and secret partners are liable equally with other 
 members of the firm when discovered. 
 
 Partners must share losses in the same ratio in which they 
 share profits unless 'there is a written contract to the contrary. 
 
 All kinds of property may be held in partnership, and 
 when real estate is purchased with partnership funds, for 
 partnership purposes, it will be treated as partnership prop- 
 erty, and held like personal property, chargeable with the 
 debts of the firm. A widow of a member of a firm has no 
 dower in partnership real estate until all the firm debts are 
 paid. These personal incidents of partnership real estate 
 cease as soon as the debts of the firm are paid, and all remain- 
 ing real estate has all the incidents of real property as to 
 conveyance, inheritance, dower, etc. The firm debts to be 
 settled before real property assumes its proper character in- 
 clude debts due from one partner to the other. 
 
 A partnership must be voluntary. No partner or majority 
 of partners can introduce a new member into the firm with- 
 out the consent of all the others. If one partner sells out his 
 interest either to a remaining partner or to an outside party it 
 works a dissolution of the partnership all must agree to 
 renew it. An employe who receives for his services a stipu- 
 lated share of the profits is not a partner. 
 
 A person who loans money to another to assist him in his 
 business upon the agreement that he is to receive lawful in- 
 terest for the use of it and in addition a share of the profits of 
 business, may, under some circumstances, be considered a 
 partner, as if a third party who is a creditor of the borrower, 
 upon a debt which has arisen in the same business which this 
 money was lent to assist, should sue the lender as a partner 
 and claim that he took away profits of the business that 
 might have been used to pay this debt. He will be held as a 
 partner and he can not set up the defense that the contract
 
 PARTNERSHIP. ^q-j 
 
 was usurious, for that is unlawful and he can not rest his de- 
 fense on his own wrong. 
 
 In general, one partner can not bring suit at law against 
 another concerning any matters growing out of partnership 
 affairs. These differences must usually ' be referred to courts 
 of equity. But a partner may sue a co-partner on an agree- 
 ment to do an act that does not involve partnership account* ; 
 or on a promise made before the partnership was entered into 
 to make certain advances of capital to the firm ; or on his 
 partner's note for advances made to him ; or for damage done 
 to his private property which the firm had used ; or for a bal- 
 ance after all their accounts are settled up. 
 
 If a man is a member of two firms the firms can not be 
 parties to a suit, because this person would then be both plain- 
 tiff and defendant of record in the same action. 
 
 If a partner retire from a firm but continue to receive a 
 share of the profits he is liable, but not if he receive an annuity 
 or a definite sum not depending in any way upon profits. 
 When a partner retires from a firm notice should be given by 
 public advertisement or by letters to the customers of the 
 firm, or both. 
 
 A nominal partner shares neither in profits or losses, but is 
 general^ held responsible for the debts of the partnership. If 
 he is not a partner but represents himself to be to certain per- 
 sons and they, upon this representation, give the firm credit, 
 he will be held liable as a partner. 
 
 The universal rule of law, both in Europe and this country. 
 is that the whole firm and all the members of a co-partnership 
 are bound by the acts and contracts of one partner with refer- 
 ence to partnership business and affairs the act of one is the 
 act of all. It is even held by good authority that one partner 
 may make a valid assignment of all the partnership property 
 to pay the debts of the firm. A partner may sell the whole
 
 404 THE LAW OF BUSINESS. 
 
 stock in trade by a single contract, and then apply the pro- 
 ceeds fraudulently to the payment of his private debts and this 
 fact will not avoid the sale if the purchaser is wholly innocent 
 of the fraud. But if a partner dissent from a contract which 
 his co-partner is making and the third party have notice of 
 such dissent he could not hold the dissenting partner. A and 
 B are partners. C applies for credit. A is willing to extend 
 credit but B objects. A says he will take the risk and credits 
 C for one hundred dollars. C fails to pay. A must stand the 
 loss individually ; B can not be held liable. 
 
 If I loan money to a partner I can not, as a general rule, 
 recover from the firm, unless I can prove that the money was 
 actually applied to the firm's use. But if the partner who bor- 
 rowed it was apparently clothed with authority to borrow 
 money for the firm I may recover from the firm, even though 
 the money was not applied to the firm's use. If I know, or 
 have opportunity to know, that a partner who borrows money 
 for his own use and gives me a note in the name of the firm, 
 is exceeding his authority, I will probably lose the money, un 
 less the borrower is individually good, for the firm can not be 
 held on the note. 
 
 A purchase or a sale by one partner binds all the others, 
 no matter what fraudulent intentions the partner may have 
 had, unless it can be shown that there was collusion between 
 the partner and the third party, seller or buyer. The power 
 of one partner to sell is confined, however, to personal effects. 
 A partner can not mortgage or sell real estate in his own 
 name. The act of a partner must be within the scope of the 
 business of the firm in order to bind the firm ; or it must arise 
 out of and be connected with their usual business. But the 
 act of one partner in outside matters will bind all if it receives 
 the firm's or all the partners' sanction and confirmation. 
 
 If a firm owe a debt a partner may bind the firm for that
 
 PARTNERSHIP. 405 
 
 debt by giving a partnership note, even against the wishes of 
 the other partners. 
 
 A person who buys partnership property from a partner, 
 knowing it to be a fraud upon the firm, may be held to be a 
 trustee for the firm. 
 
 A release by one partner is a release by all. A release to 
 one partner is a release to all. 
 
 The signature or acknowledgment of one partner, in part- 
 nership matters, binds the firm. 
 
 A notice to one partner is notice to all. 
 
 An incoming partner is not presumed to be liable for old 
 debts, but may be shown to have assumed them. But if a 
 person succeeds to the interest of a retiring partner and con- 
 tinues to transact the business as before with the other mem- 
 bers, he "becomes a member under the original articles of 
 partnership, unless there is positive evidence to prove the 
 contrary. 
 
 It is not positively determined whether the majority of the 
 partners can bind the minority against their will. The de- 
 cisions in favor of this position usually limit the exercise of 
 this power to matters of minor importance, or to the internal 
 concerns of the firm. The just rule will probably be found to 
 draw a distinction between partnerships made by articles and 
 not determinable at the pleasure of the partners and partner- 
 ships that may be dissolved at any time by mutual consent. The 
 majority should not be permitted to govern in the former 
 class because the minority would be left absolutely without 
 remedy, and could not even escape by dissolution. But in the 
 latter class where a dissenting partner may dissolve the part- 
 nership at will the majority should govern. 
 
 Dissolution of partnership does not affect the liability of 
 partners for former debts, but it prevents the incurring of any 
 new partnership liability. If a partnership is made for a time
 
 406 THE LAW OF BUSINESS. 
 
 certain and one of the partners dissolve it before the expira- 
 tion of that time, the other may maintain an action against 
 him for damages, the measure of which will be the profits 
 that would have accrued to the plaintiff from a continuance of 
 the partnership business to the end of the time. If a partner- 
 ship is not to endure for a time certain it may be dissolved at 
 any time by either partner. It should be done with due 
 notice to other partners, and at such time as not to cause 
 damage or injury, and without fraud the law would not 
 sanction a fraud. 
 
 Death of any partner dissolves the partnership. In Eng- 
 land civil death, as attainder for treason or felony, would have 
 the same effect but not in this country. 
 
 Bankruptcy of the firm or of one partner dissolves the 
 firm at once. 
 
 After a dissolution no partner has a right to bind his 
 former partners by any new contract. When a partner dies 
 the partnership property goes to the other members of the 
 firm for the purposes of settlement. They have all the power 
 necessary for this particular purpose and no more. 
 
 Limited Partnership. Limited partnership is a modern 
 innovation and purely the creature of statutory enactment. 
 It may be defined as a partnership in which one or more of 
 the members put money into the stock of the firm and incur 
 responsibility and share profits in the proportion to the money 
 thus invested, and no more. It differs from common law 
 partnership in this that there every partner is liable for the 
 whole debts of the firm. The States have nearly all adopted 
 legislation providing for limited partnerships, and they are in 
 many cases very useful, enabling men of business capacity 
 who have only energy, skill, industry and integrity, to secure 
 capital necessary to carry on a business profitably. Under 
 the old plan the capitalist would not, in many instances, as-
 
 ASSIGNMENTS. 407 
 
 sume the great risk of investing money in a partnership, 
 against another man's labor and skill, because considerable in- 
 debtedness might be incurred and he would be liable for the 
 whole. 
 
 The general provisions of these statutes, which differ con- 
 siderably in the different States, are as follows: 1. There 
 must be one or more who are genera/ partners, and one or 
 more who are special partners. 2. The special partners have 
 not all the powers and duties of active partners, nor do their 
 names appear in the firm. 3. The special partners must actu- 
 ally pay in the sum proposed to be contributed by them. 4. 
 The agreement must be in writing, setting forth the amount 
 paid in, the names of the partners, and other particulars, and 
 must be acknowledged before a magistrate or notary, and then 
 recorded and advertised, so as to give the public distinct 
 knowledge of the whole arrangement, whom they are dealing 
 with, the exact liability of each one, and to whom credit is given. 
 
 A special partner in a limited partnership must comply 
 strictly with the requirements of the statute in order to re- 
 lieve himself of liability for the firm's debts. Any disregard 
 of the law, or any mistake, even a mistake of the printer who 
 prints the advertisement, of which he is entirely innocent, 
 will deprive him of the benefit of the statute. He then be- 
 comes a partner at common law and liable in solido for the 
 whole debts of the firm. 
 
 ASSIGNMENTS. 
 
 An assignment is the transfer by writing of the whole of 
 any property, real or personal, in possession or in action, or of 
 any estate, right, title or interest therein. All the property 
 that a man can possess is assignable. An instrument is now 
 assigned by writing the following across the face of it : "I 
 hereby assign, transfer and set over to E. H. Baker, all my
 
 408 THE LAW OF BUSINESS. 
 
 right, title and interest, in and to the within document. W. 
 M. Tugman." 
 
 GENERAL FORM OF ASSIGNMENT. 
 
 Know all Men by these Presents, That I, John 
 S. Andrews, for value received, by these presents do assign, 
 transfer, and set over unto L,. K. Torbet {here describe things 
 assigned}. 
 
 To have and TO hold the same unto the said L,. K. Tor- 
 bet, his executors, administrators and assigns, forever, to and 
 for the use of my wife, Tillie Andrews, hereby constituting 
 and appointing said L,. K. Torbet, my true and lawful attor- 
 ney irrevocably, in my name, place and stead, for the purposes 
 aforesaid, to ask, demand, sue for, attach, levy, recover and re- 
 ceive all such sums of money which now are, or may hereafter 
 become due, owing and payable for, or on account of, all or 
 any of the accounts, dues, debts and demands above assigned 
 to him giving and granting unto the said attorney full power 
 and authority to do and perform all and every act and thing 
 whatsoever requisite and necessary, as fully, to all intents and 
 purposes as I might, or could do if personally present, with 
 full power of substitution and revocation, hereby ratifying 
 and confirming all that the said attorney or his substitute 
 shall lawfully do or cause to be done by virtue hereof. 
 
 In Witness Whereof, I have hereunto set my hand and 
 seal the 20th day of September, A. D. 1889. 
 
 JOHN S. ANDREWS. 
 
 Executed and delivered in the 
 presence of J. R. P. Brown. 
 
 A note or check is assigned simply by writing the name 
 of the payee on the back, and this endorsement is a warranty 
 of the validity of the paper.
 
 assignment deed. 409 
 
 form of assignment deed for creditors. 
 
 Know all Men by these Presents: That VVhi-k 
 John Brennan, of Hamilton County and State of Ohio, is In- 
 debted to divers persons in various sums of money, which he 
 is now unable to pay in full, and whereas, he is desirous to 
 convey all his property for the benefit of his creditors, without 
 any preference or priority. 
 
 Now, Therefore, I, the said John Brennan, in consider- 
 ation of the premises, and of one dollar to me paid by John 
 Wentzel, the receipt of which I hereby acknowledge, have 
 granted, bargained, sold, assigned, transferred, and set-over, 
 and by these presents do grant, bargain, sell, assign, transfer, 
 and set-over unto said John Wentzel, all and singular the 
 lands, tenements, hereditaments and appurtenances, goods, 
 chattels, stocks, promissory notes, debts, choses in action, evi- 
 dences of debt, claims, demands, property and effects, of every 
 description, belonging to me, wherever the same may be situ- 
 ated, except such property as is by law exempt from execu- 
 tion; to have and to hold the same unto said John Wentzel, in 
 trust, to sell and dispose of the said real and personal property, 
 and to collect, sue for, and demand, receive and recover all 
 such sums of money as may be or become due, owing, and 
 payable on said promissory notes, debts, choses in action, evi- 
 dences of debt, claims and demands, and then in trust to apply 
 the proceeds arising from the same as follows : 
 
 FIRST. To pay the lawful costs and expenses of executing 
 the trust hereby created, including reasonable attorney's fees 
 for legal advice in regard to the formation of the trust, and 
 for drawing this deed of trust. 
 
 SECOND. To pay to each and all of my creditors the full 
 sums that may be due and owing to them from me ; provided, 
 however, that if there shall not be sufficient funds with which
 
 410 THE LAW OE BUSINESS. 
 
 to pay all my said debts, then the said debts are to be paid 
 ratably and in proportion. 
 
 THIRD. If the proceeds as aforesaid shall be more than 
 sufficient to pay and satisfy every one of my creditors, then to 
 pay and return to me the balance that may be left, if any, after 
 paying all my creditors as aforesaid. 
 
 And I do hereby nominate, constitute, and appoint the 
 said John Wentzel my true and lawful attorney, irrevocable, 
 in my name or otherwise; for the purpose aforesaid, to execute 
 the trust hereby created ; giving and granting unto him, said 
 attorney, full power and authority to do and perform every act, 
 deed, and thing requisite and necessary in the premises, as 
 fully to all intents and purposes, as I might or could do, if this 
 assignment had not been made ; with full power of substitu- 
 tion and revocation, hereby ratifying and confirming all that 
 he, the said attorney, or his substitute may lawfully do, or 
 cause to be done, in the premises by virtue hereof. 
 
 In Witness Whereof, I have hereunto set my hand and 
 seal, this 20th day of September, in the year of our Lord one 
 thousand eight hundred and eighty-nine. 
 
 JOHN BRENNAN. [seal.] 
 
 Signed, sealed and acknowledged, in presence of us: 
 HARRY t. COOPER. 
 EDWARD FLAIGE. 
 
 This deed must be acknowledged before a Notary same as 
 an ordinary deed. 
 
 ACCEPTANCE BY ASSIGNEE. 
 v 
 I hereby accept the trust created by the above instru- 
 ment, and agree to faithfully perform the same. 
 
 JOHN WENTZEL,. 
 Done at Cincinnati, this 20th day of September, A. D. 
 1889.
 
 UKN'S. 
 
 41* 
 
 UENS. 
 
 A lien is a legal claim or charge upon real or personal 
 property for the satisfaction of some debt or duty. It is a 
 right in one to hold the property of another until some claim 
 of the former is paid or satisfied. 
 
 If the lien is on personal property a requisite is the lawful 
 possession of the property by the person who claims the lien. 
 If he voluntarily part with possession he loses his lien. 
 
 Carriers have a lien on goods for the carrying charges. 
 
 Attorneys have a lien on all the papers in a case for their 
 fees. 
 
 Vendors have a lien on goods sold, and not delivered, for 
 their pay. Seamen have a lien on freight and vessel for their 
 wages. But sailors in the government employ have no lien 
 on government vessels. 
 
 Pawnees have a lien on goods pawned where the pawnor 
 has authority to pledge, but not otherwise. 
 
 Mechanics, laboring men, and furnishers of material, have 
 a lien on real estate improved by such labor or material. This 
 class of liens is controlled in all the States by statute and as 
 the law in each State must be strictly complied with we ap- 
 pend an abstract of the lien laws of the States. It may be 
 laid down as a general rule that the claim must be filed in 
 *ome public office with notice of the intention to hold the 
 property for the labor performed or material furnished. Also 
 that it does not matter whether the claim is for the erection. 
 alteration or repair of a building, the laborer has a lien, and 
 generally on both the building erected and on the real estate or 
 ground upon which it stands, as they become inseparable after 
 erection. 
 
 Alabama. Original contractor must file claim in probate 
 court within six months ; workmen in thirty days, from last 
 work done. Suit must be brought in ninety days.
 
 412 THE LAW OF BUSINESS. 
 
 Arizona. Notice under oath must be filed within ninety 
 days in recorder's office with account of demand due. A sub- 
 contractor must file his claim within sixty days from comple- 
 tion of work. Suit must be brought within six mouths, and 
 no lien is continued in force longer than two years. 
 
 Arkansas. Account must be filed in circuit court in 
 three months and suit commenced in nine months thereafter. 
 
 California. Lien is on buildings. Claim must be filed 
 in thirty days by sub-contractor, or laborer, and sixty by orig- 
 inal contractor and suit must be brought in three months 
 from filing claim. 
 
 Colorado. Lien is allowed where claim exceeds twenty- 
 five dollars. Principal contractors have forty days, sub-con- 
 tractors twenty days to file claims, and suit must be commenced 
 in six months after filing. 
 
 Connecticut. Claim must exceed twenty-five dollars, 
 and be filed in sixty days. Leins extend to railroads. Also 
 to vessels if claim filed in ten days. 
 
 Dakota. Notice with claim must be filed in ninety days 
 with affidavit. If other collateral security is taken lien will 
 not be allowed. 
 
 Delaware. Claims must exceed twenty-five dollars and 
 be filed within six months. 
 
 Florida. Lien is not allowed unless contracts under 
 which labor was performed or material furnished are in writ- 
 ing and recorded. Claim must be filed in six months and 
 suit brought in twelve months from completion of work. 
 Liens extend to crops. 
 
 Georgia. Lien must be recorded in clerk's office in 
 thirty days and suit brought in twelve months. 
 
 Idaho. Notice with account and affidavit must be filed in 
 recorder's office in sixty days and suit brought in six months. 
 Liens extend to mines, ledges, claims and quartz lodes.
 
 LIENS. 413 
 
 Illinois. Suit must be brought in six months from com- 
 pletion of work. 
 
 Indiana. Notice must be filed in sixty days and suit 
 brought in one year. 
 
 Iowa. Claim must be filed in ninety days and suit begun 
 in two years. 
 
 Kansas. Claims must be filed in Circuit Court in four 
 months and suit brought in one year. Sub-contractors must 
 file claim in sixty days. 
 
 Kentucky. Claim must be filed in sixty days and suit be 
 brought in six months. Laborers and sub-contractors must 
 give written notice to the owner that they intend to take ad- 
 vantage of the lien law. 
 
 Louisiana. Liens are called privileges in this State. 
 They must be recorded. A seller also has a lien on the prop- 
 erty sold for the payment of the price. 
 
 Maine. Liens must be enforced by suit brought within 
 ninety days. Boat builders have lien on vessel, and lumber- 
 men on logs handled. 
 
 Maryland. Lien on building to extent of one-fourth of 
 its value; also on machines or vessels. Claim must be filed in 
 Circuit Court of the county or Superior Court of Baltimore ; 
 lien expires in five years and on vessels in two years. The 
 counties of Kent, Calvert, Charles and St. Mary's are exempt 
 from the lien law except as to boats and vessels. 
 
 Massachusetts. Claim must be filed in thirty days and 
 suit brought in ninety days. If owner of property is not a 
 party to the contract lien for materials will not attach unless 
 owner is given previous notification in writing. 
 
 Michigan. Copy of contract must be filed with renter 
 of deeds before lien will attach. Suit must be brought in 
 Chancery in six months from the time the debt becomes due 
 or lien ceases. Suit may be brought against owner and con- 
 tractor jointly.
 
 414 TH E LAW OF BUSINESS. 
 
 Minnesota. Lien on building and land not exeeding 
 forty acres in country or half acre in city or village. Account 
 to be filed with, register of deeds in one year and suit brought 
 in two years or lien expires. 
 
 Mississippi. Lien must be enforced by suit in Chancery 
 filed within six months. Lien takes effect upon filing con- 
 tract in Court of Chancery. 
 
 Missouri. Original contractors' claims must be filed in 
 clerk's office of Circuit Court in six months ; mechanics' and 
 laborers' in thirty days. Suit must be commenced in ninety 
 days after filing. 
 
 Montana. Liens extend to ranches, mining claims, 
 quartz lodes, and are on improvements and land. Claim must 
 be filed with recorder in thirty days by sub-contractors, and 
 all others in sixty days. Ranchmen have a lien on cattle or 
 stock pastured, herded or fed for another for the pay. 
 
 Nebraska. Account must be filed in county clerk's office 
 in four months. Lien is valid from date of first item to two 
 years after date of last item. 
 
 Nevada. Original contractors must record lien in sixty 
 days; all others in thirty days. Lien expires in six months 
 thereafter unless suit is brought. If claim does not exceed 
 twenty-five dollars no lien is allowed. 
 
 New Hampshire. Liens run for ninety days and take 
 precedence of all attachments. They extend to lumber which 
 laborers may be cutting. Laborers on vessels have a lien en- 
 forceable by attachment which runs four days after vessel is 
 completed. 
 
 New Jersey. Claim must be filed and suit brought within 
 one year. If the contract for the building is duly filed only 
 the contractor has a lien. 
 
 New Mexico. Liens extend to mining claims, railroads 
 and other structures. Original contractors must file claim in
 
 UENS. 4 ,; 
 
 ninety days and all others in sixty days, verified upon oath. 
 with county recorder. Suit must be brought in one year, and 
 no lien continues in force longer than two years. 
 
 New York. Claim must be filed in sixty days and suit 
 brought in one year. 
 
 North Carolina. Liens are allowed on building and 
 land and also on personal property repaired or made. 
 
 Ohio. Lien is on all property erected or repaired, and on 
 real estate. Claim, with full statement of account and all 
 offsets, must be filed in office of county recorder in thirty days 
 after the expiration of three months from the completion of 
 the work. Suit must be brought in one year from filing of 
 claim, otherwise lien will be deemed to be waived. After fil- 
 ing of suit lien runs until it is finally adjudicated. 
 
 Oregon. Amount of claim must exceed twenty dollars 
 and claim must be filed in three months and suit brought in 
 one year. 
 
 Pennsylvania. Claim must be filed in court of Common 
 Pleas in six months and is valid for five years. Mechanics 
 laboring in a factory have a lien upon the manufactory foi 
 wages not exceeding two hundred dollars. 
 
 Rhode Island. Claim must be filed with town clerk and 
 suit brought upon the same in four months. 
 
 South Carolina. Claim must be filed in thirty days and 
 suit brought in ninety days. If the owner is not a party to 
 the contract a lien for materials will not be allowed unless 
 written notice is given him. 
 
 Tennessee. Sub-contractors and laborers must notify 
 owner before commencing work if they intend to claim a lien. 
 Lien is good one year. Will take precedence of mortgn 
 contract for work has been made with morgagor with mort- 
 gagee's consent. Landlords have a lien on crops for rent, and 
 on growing crops for necessaries supplied.
 
 416 THE LAW OF BUSINESS. 
 
 Texas. Contract for work must be in writing and re- 
 corded in six months in order to give lien. Landlords have a 
 lien for necessaries supplied a tenant to enable him to raise a 
 crop. 
 
 Utah. Claim and notice must be filed with the recorder 
 in three months. Suit must be commenced in one year from 
 completion of work. Lien holder has lien upon building and 
 right of possession of the ground. 
 
 Virginia. Lien is on both building and ground. 
 
 Washington Territory. Claim must be filed in sixty 
 days with county auditor, verified by affidavit. 
 
 West Virginia. Account and description of property 
 must be filed with clerk of County Court in thirty days. Suit 
 must be brought in Chancery in six months. 
 
 Wisconsin. Lien covers building and ground, but not 
 more than forty acres in the country. 
 
 Wyoming. Claim must be filed with register of deeds in 
 sixty days and suit must be brought in one year thereafter. 
 
 Province of Quebec. The lien is on the additional 
 value resulting from the work. An official statement must be 
 made by an expert of the state of the premises before work 
 commences, and in six months after completion the work 
 must be accepted by another expert, both experts to be ap- 
 pointed by the court. 
 
 Province of Ontario. Lien extends to the owner's 
 interests in both buildings and land. Lien must be recorded 
 in county register's office in one month after completion of 
 work. 
 
 Nova Scotia. The contract for work must be in writing 
 and it and claim must be duly registered in thirty days. Suit 
 must be brought in ninety days after registry.
 
 MECHANICS' LIEN. 4I7 
 
 FORM OF MECHANICS' UEN. 
 
 Cincinnati, Ohio, September 21, 1889. 
 I hereby certify that the following is a just and true ac- 
 count, with all just credits given, of the amount due me for 
 labor performed {or " materials furnished ana 'actually . 
 in the erection {or "alteration " or " repair ") of a building on 
 a lot of land in Cincinnati, Hamilton County and State of 
 Ohio, which lot is described as follows: {here describe so as to 
 identify?) said lot of land being owned, to the best of my 
 knowledge and belief, by \V. C. Poole. 
 
 ACCOUNT. 
 
 W. C. POOLE, Dr. 
 To ALEXANDER SUTHERLAND. 
 
 I further certify that I ceased to perform labor on {or 
 "furnish labor for" or "furnish materials for" ) said building 
 on the 30th day of June, 1889, and that I hereby claim a lien 
 upon said building, and upon the interest of the owner thereof. 
 in the lot of land upon which it stands, to secure the payment 
 of the debt due me as aforesaid, and of the costs which may- 
 arise in enforcing said lien. 
 
 And I further certify that there are no further credits or 
 offsets against said claim than those set forth in above account 
 
 ALEXANDER SUTHERLAND. 
 
 27
 
 41 8 THE LAW OF BUSINESS. 
 
 State of Ohio, 
 
 Hamilton County, 
 
 Personally appeared before me a Notary Public in and for 
 Hamilton County, Ohio, the above named Alexander Suther- 
 land and made oath that the foregoing statement and account 
 subscribed by him is true. 
 
 ELLIS B. GREGG, 
 Notary Public, Hamilton Co., O. 
 
 It is not necessary in all the States to describe the land on 
 which the building or improvement stands, but it is always 
 well to do so. The form given above will be found sufficient, 
 we believe, for any State in the Union.
 
 CHAPTER IV. 
 
 MARRIAGE AND DIVORCE. 
 
 MARRIAGE is the most important institution of human 
 society. It is the essential condition precedent to 
 the maintenance of the family ; and the family is the 
 basis of our government, contributing to the strength 
 and support of all civilizing and moralizing institutions, and 
 providing an impregnable bulwark against the vicious in- 
 fluences that degrade man's nature, cultivate passion and en- 
 courage lust. Marriage thus involves the dearest and most 
 valued' interests of all classes, aud a brief exposition of the 
 nature of marriage, the duties and obligations it imposes, t he- 
 laws governing it, and methods of dissolving it, will be of 
 value and interest to the general public. 
 
 MARRIAGE. 
 
 There has long existed not only in the public mind, but in 
 judicial opinions and decisions much confusion as to what 
 marriage really is. In order to arrive at a clear understanding 
 of this, let us trace the steps that lead to the married state. 
 First there is the contract to marry. This can be entered 
 into only by a man and a woman legally capable of intermarry- 
 ing. But this contract to marry is not marriage. It is like- 
 any ordinary contract. The parties must be competent, in 
 order for an action for damages to lie for failure to perform 
 the contract, although a person who is already married or 
 otherwise incapable of marrying may l>e sued for damages by 
 another to whom he has made the promise to marry unlaw- 
 fully. It must be based upon a consideration, but this ron-id- 
 eration usually consists of mutual promises. Fraud or mistake, 
 
 419
 
 420 THE LAW OF BUSINESS. 
 
 as concealing unchastity, will justify breaking the contract. 
 A contract to marry between an infant and an adult is binding 
 on the adult and voidable by the infant. If one becomes 
 physically incapable of performing the functions of marriage 
 by the "act of God" after the promise is made the other may 
 withdraw from the promise. An action for damages lies for a 
 breach of this contract like any other, and the contract is 
 ended by pertormance or the act of marrying legally per- 
 formed. Performance of this contract is actual marriage, by 
 which the parties become, in law, man and wife. Nothing 
 short of this is performance. 
 
 The next step after the contract to marry is the act of be 
 coming married the legal formalities by which the parties 
 become man and wife. But this is not marriage. It is the 
 door through which the parties enter into the marriage state. 
 
 Marriage Defined. Marriage, then, as distinguished from 
 the agreement to marry, and from the act of becoming mar- 
 ried, is the civil status of one man and one woman united in 
 law for life, for the discharge, to each other and the com- 
 munity, of the duties legally incumbent on those whose asso- 
 ciation is founded on the distinction of sex. This is Bishop's 
 definition, which is now generally accepted as correct in this 
 country. 
 
 It will be observed that this definition does not state that 
 marriage is a contract. The fact is, marriage is not a con- 
 tract ; it is a state or condition. True, it has been defined as 
 a contract by courts and writers from time immemorial, and 
 still while defined as a contract it has not been treated accord- 
 ing to the laws and principles of contracts. While the con- 
 sent of the parties is necessary to the preliminary contract to 
 marry and to entering into the marriage status, this is not suf- 
 ficient to withdraw from the state when once assumed. In 
 fact, the rights, obligations and duties of the parties are not
 
 MARRIAGE. 
 
 421 
 
 entirely regulated by themselves, but are, to a great extent, 
 subject to legislative regulation, over which they have no 
 control. 
 
 The Roman Catholic Church holds marriage to be a sacra- 
 ment. Protestants do not go so far, but consider it of divine 
 origin and invest it with the sanctions of religion. 
 
 If the ideal married life were always attained if neither 
 married partner ever deserted the other, or committed adul- 
 tery, of beat or abused the other, and each at all times saeri 
 need self and did everything possible for the happiness and 
 sustenance of the other and the entire family, then both 
 would walk the flower-fringed path of life hand in hand, np 
 its grassy slopes to the glory of full manhood and woman- 
 hood, and down its mossy declivities to the ripeness of perfect 
 old age, and lie down together to sleep the sleep of the just 
 at the foot of the hill, conscious of having accomplished life's 
 noblest mission. If this state of things obtained universally 
 there would be no divorces, no divorce courts, and no treatises 
 on divorce would be necessary. 
 
 But, alas, in marriage as in other relations of life, men and 
 women are prone to err, and this being true the sentiment of 
 this country and of a large majority of the civilized world is 
 in favor of the courts furnishing redress for matrimonial 
 wrongs the same as for others. Many good people, however, 
 think that this class of wrongs ought to be different from all 
 others and no redress permitted. These people mostly make 
 their opinion a matter of religious faith, holding, in effect. 
 that if one is defrauded of the value of a cent the courts should 
 compel restitution, but if a trust which embraces all that 
 makes life worth living or earth endurable is violated the 
 courts should afford no relief. 
 
 But our courts do afford relief from the ills and wrongs 
 incident to married life, and it seems but just and right in 
 many instances that they should.
 
 422 THE LAW OF BUSINESS. 
 
 Subject to State Laws. The State courts have entire juris- 
 diction of the subjects of marriage and divorce within their 
 respective limits. The National Government controls the 
 subjects entirely in the District of Columbia and in the terri- 
 tories. In 1850 Congress provided for divorces in the District 
 of Columbia, and as early as 1826 Congress annulled several 
 acts of the legislative council and governor of the Territory of 
 Florida granting divorces. In 1862 Congress passed a law 
 punishing polygamy in any "Territory or other place over 
 which the United States have exclusive jurisdiction." In i860 
 Congress provided that "all marriages in the presence of any 
 consular officer in a foreign country, between persons who 
 would be authorized to marry if residing in the District of 
 Columbia, shall have the same force and effect, and shall be 
 valid to all intents and purposes as if the said marriages had 
 been solemnized within the United States." 
 
 Consent. A prerequisite to valid marriage is the free con- 
 sent of the parties. Third parties are frequently affected in 
 their property interests by a marriage and then it becomes 
 important to know what constitutes a valid marriage a real 
 marriage. If two people were brought together by force and an 
 authorized minister or justice of the peace were to pronounce 
 the necessary marriage ceremony over them, this would not 
 make them husband and wife. 
 
 If one of the parties is insane, that party can not give con- 
 sent, and therefore a ceremony performed would not make the 
 parties husband and wife, and would not take rights of prop- 
 erty from third persons. 
 
 However, a Virginia statute is as follows: "All marriages 
 between a white person and a negro, and all marriages which 
 are prohibited by law on account of either of the parties hav- 
 ing a former wife or husband then living, shall be absolutely 
 void, without any decree of divorce or other legal process.
 
 MARRIAGE. ; - i 
 
 All marriages which are prohibited by law on account of con- 
 sanguinity or affinity between the parties, all marriages sol- 
 emnized when either of the parties was insane, or incapable 
 from physical causes of entering into the marriage state, shall, 
 if solemnized within this State, be void from the time they 
 shall be so declared by a decree of divorce or nullity, or from the 
 conviction of the parties under the third section of the one 
 hundred and ninety-sixth chapter." 
 
 If this means anything it means that a marriage with an 
 insane person is good until dissolved. It is difficult to believe 
 that any body of sane men would enact so unjust, vicious and 
 iniquitous a statute, but there it is. Let us see the results : 
 Suppose a woman is insane. In this condition, by some trick 
 often easily accomplished, an adventurer has a marriage cere- 
 mony performed with her. Her property is at once by the 
 marriage transferred to him. All suits pending against her 
 are abated, and she can not be used as witness in any suit that 
 was previously pending against her present husband. If they 
 live long enough and she become sane enough to apply for it, 
 a divorce may be procured. But even then the marriage 
 would only be made void from the date of the divorce, not 
 from the beginning, and all the evil consequences would al- 
 ready be accomplished. Did the legislature contempl. 
 grave results when they enacted the law ? 
 
 A Massachusetts statute is as follows: "Section i. All 
 marriages solemnized within this State, which are prohibited 
 by law on account of consanguinity or affinity between the 
 parties, or on account of either of them having a former wife 
 or husband then living, or when either party was insane or an 
 idiot, shall be void without any decree of divorce or other legal 
 process. Section 2. The validity of a marriage shall not be 
 questioned in the trial of a collateral issue, on account of the 
 insanity or idiocy of either party, but only in a process duly in-
 
 424 THE LAW OF BUSINESS. 
 
 stituted in the lifetime of both parties for determining such 
 validity." 
 
 Here is confusion confounded. Section one declares the 
 marriage of insane or idiotic persons absolutely void ; section 
 two of the same act declares the marriage good until avoided 
 in the lifetime of both parties ; in other words voidable. 
 
 Wisconsin had a similar statute, which may have been 
 modified : " When either of the parties to a marriage, for 
 want of age or understanding, shall be incapable of assenting 
 thereto, or when the consent of either party shall have been 
 obtained by force or fraud, and there shall have been no sub- 
 sequent voluntary cohabitation of the parties, the marriage 
 shall be void from the time its nullity shall be declared by a 
 court of competent authority." This statute is more wicked 
 if possible than the Virginia law. If' it means anything, it 
 means that people may be married without their consent. We 
 know that if a ruffian robs a lady on the highway, of her 
 watch, he thereby acquires no title to it, but by this statute he 
 may throttle her and hold her by brute force until a confede- 
 rate magistrate pronounce the marriage ceremony and thus 
 becomes legally invested with all her personal property. She 
 must be regarded as his wife until she can bring the scoundrel 
 into court and prove her want of consent. Can any one con- 
 ceive of anything more brutal, more revolting to all ideas of 
 justice, humanity and right? This hideous doctrine origi- 
 nated, we believe, in New York, which had at one time a 
 similar statute, and many of the States followed in her wake. 
 The courts have gone to the extreme limit in the interpreta- 
 tion of tnese laws to preserve the property rights of third 
 parties and prevent persons from being held by law as married 
 when they had never consented to matrimony or intended it. 
 A Massachusetts judge said: "If it would be hard that the 
 issue of such marriage should be deemed bastards, it would be
 
 MARRIAGE. 425 
 
 as much so that human beings without reason, or their fami- 
 lies, should be the victims of the artifice of desperate persons, 
 who might be willing to speculate on their misfortunes." 
 
 We quote these statutes to show the confusion that has 
 existed in the minds of legislators on the subject of marriage; 
 we say confusion, for it can not be presumed that the full 
 legal consequences of these acts were foreseen when enacted; 
 that they intended to place legislation so vicious upon the 
 statute books. 
 
 Void and Voidable. In general "a marriage is termed void 
 when it is good for no legal purpose, and its invalidity may be 
 maintained in any proceeding, in any court, between any 
 parties, whether in the lifetime or after the death of the sup- 
 posed husband and wife, and whether the question arises di- 
 rectly or collaterally." Bishop. 
 
 "A marriage is voidable when in its constitution there is 
 an imperfection which can be inquired into only during life- 
 time of both of the parties, in a proceeding carried on for the 
 purpose of obtaining a sentence declaring it null. Until set 
 aside, it is practically valid; when set aside, it is rendered void 
 from the beginning." -Idem. 
 
 Statutes may depart from or alter these general rules of 
 law as was seen in those quoted, but this should not be so. 
 
 A child resulting from a void marriage is a bastard. 
 
 A child resulting from a voidable marriage is legitimate, 
 but if the marriage is set aside by a decree of nullity, the 
 child becomes illegitimate. This is the universal unwritten 
 law, but statutes may limit this doctrine. 
 
 Elements Constituting Marriage. The elements that con- 
 stitute a valid marriage are: 1. Mutual Consent. This must 
 be free from force or fraud. 2. Mental Capacity. This must be 
 such capacity of mind as is required in the parties to an ordi- 
 nary contract. 3. Adequate Age. The incapacity of youth
 
 426 THE LAW OF BUSINESS. 
 
 does not depend upon the actual number of years attained, 
 but whether the party has attained that physical maturity 
 which is enabled to perform the functions of marriage. Mere 
 infancy in itself is no disqualification. It is possible for a per- 
 son to have arrived at the age of twenty-one or even older 
 without having acquired physical capacity. So that this ele- 
 ment of age is really embodied in the next. 4. Physical Ca- 
 pacity. Impotent persons, of whatever age, can not contract 
 perfect matrimony. Impotence is a disqualification to be 
 proved in each particular case. At common law the age of 
 puberty, or the marriageable age, is fixed at fourteen in males 
 and twelve in females. The reason for fixing these years has 
 been differently stated by various writers. Littleton calls it 
 the "age of discretion." Ayliffe calls it the "age of persons 
 which the law has deemed capable of advice and understand- 
 ing." But Swinburne has much more fully comprehended the 
 true reason in the following language: "The reason is, that 
 because at these years the man and the woman are not only 
 presumed to be of discretion and able to discern betwixt good 
 and evil, and what is for their profit and disprofit, but also to 
 have natural and corporal ability to perform the duty of mar- 
 riage, and in that respect are termed piiberes, as it were plants, 
 now sending forth buds and flowers, apparent testimonies of 
 inward sap, and immediate messengers of approaching fruit." 
 This common law rule of fourteen and twelve years orig- 
 inated in the warm and luxurious climate of Italy, where sex- 
 ual development is much more rapid than in colder northern 
 latitudes, hence the rule has been altered in many States, the 
 age of consent being made later in life. The only effect is to 
 substitute the statutory years for the common law years. The 
 North Carolina statute says "females under the age of four- 
 teen, and males under the age of sixteen )^ears, shall be inca- 
 pable of contracting marriage." The Supreme court of the
 
 MARRIAGE. 427 
 
 State, Pearson, C. J., delivering the opinion, held that a mar- 
 riage of persons under these ages, who continued their cohab- 
 itation after the ages were passed, was valid. The same has 
 been held in Iowa, which has a statute fixing the ages of con- 
 sent at eighteen and fourteen. 
 
 Another age to be considered is seven. A marriage be- 
 tween parties either of whom is under seven is absolutely 
 void. If both parties are over seven and under the age of 
 consent, or if only one is under the age of consent, they may 
 contract an imperfect or voidable marriage. A marriage im- 
 perfect in this respect can not be voided or annulled until the 
 one objecting to it has arrived at the age of consent, and per- 
 haps not until both have arrived at that age. There is a case 
 in the books where a wife aged eleven years objected to the 
 marriage. The husband was then at the age of consent, i. e., 
 over fourteen. He married another woman and by her had a 
 child. This child was adjudged a bastard, because the former 
 marriage continued valid; for the first wife when she dissented 
 from the marriage had not arrived at the age when she could 
 dissent and the first marriage could not formally be declared 
 null. A case occurred in New York in which a man married, 
 in form, an infant girl under twelve years of age. She at once 
 declared her ignorance of the nature and consequences of the 
 ceremony, and her dissent. Her next friend brought a bill be- 
 fore Chancery and the court ordered her to be placed under 
 the protection of the court as a ward and prohibited the man 
 from all intercourse or correspondence with her under pain of 
 contempt. This plan seems just, for it protects the girl during 
 her inability to give legal assent and leaves her free to affirm 
 the marriage when she arrives at the age of consent. 
 
 5. Freedom. Slaves can not contract a valid marriage. 
 There is no slavery in this country now, but the consequences 
 of slave marriages still continue. When slavery existed in
 
 428 THE LAW OF BUSINESS. 
 
 New York a statute provided that a marriage between parties 
 one or both of whom were slaves was valid, and their children 
 legitimate. If one was free and the other a slave the children 
 were considered the free and legitimate offspring of the free 
 one. 
 
 Massachusetts had a similar law. In Connecticut if a slave 
 married a free woman with his master's consent he was eman- 
 cipated. 
 
 Marriage and slavery have always been considered incon- 
 sistent. "The rights and duties of a husband are incompatible 
 with a state of slavery," says Reeve. 
 
 In the late slave States a more logical condition of the law 
 prevailed. Slave marriage was a nullity. Emancipation has 
 generally been held to make a previous slave marriage valid, 
 provided the parties continued to live and cohabit together 
 and thus confirmed it, although in Kentucky, whose statutes 
 require a formal ceremony to make a marriage good, the courts 
 have held against this doctrine. 
 
 6. Formalities. The law in some places requires certain 
 formalities to be performed. The rule of the courts in deter- 
 mining whether a marriage performed in disregard of the 
 statute is void is as follows: A marriage good at common law 
 is good notwithstanding the existence of any statute on the 
 subject, unless the statute contains express words of nullity. 
 
 If a statute forbids the solemnization of a marriage without 
 a license, still a marriage so performed is good unless the law 
 expressly say that it is void. To sum this matter up generally, 
 nearly all these statutory provisions are directory. They pro- 
 vide certain forms to be followed by the officers and by the 
 parties, and frequently impose a penalty upon officers for dis- 
 regard of their provisions, but the rule of law is that whatever 
 punishment may be put upon the officer for disregard of the 
 statute, even if he should be sent to the penitentiary for
 
 MARRIAGE. 429 
 
 life, it would not effect the validity of the marriage, unless 
 the law expressly states that the marriage is void on account 
 of that particular dereliction of official duty. In Ohio a min- 
 ister or magistrate is severely fined and punished for perform- 
 ing the marriage ceremony for parties who have obtained no 
 license, still if he should do this, taking the risk of punish- 
 ment, the marriage would be valid. 
 
 In addition to these elements which constitute valid mar- 
 riage there are a few elements the presence of which renders 
 marriage invalid or voidable: 1. Fraud. 2. Error. 3. Duress. 
 It is not possible in this brief treatise to go into a full discus- 
 sion of this intricate subject, but we sum it up in this: the au- 
 thorities are clear to the general conclusion that fraud, error, 
 or duress will, when of the required sort and magnitude, ren- 
 der the marriage void or voidable. 
 
 Marriage good where celebrated good everywhere. It is a 
 rule of law now well established that a marriage good where 
 celebrated is good everywhere. This rule will never be con- 
 strued, however, by courts in Christian countries, to uphold 
 bigamous, polygamous, or incestuous marriages. 
 
 A man domiciled in Massachusetts had been divorced for 
 his adultery, and a statute of the State disqualified him, being 
 the guilty party, from remarrying. To avoid this he and the 
 woman whom he desired to marry went to Connecticut and 
 were married and immediately returned, and the Massachu- 
 setts courts held the marriage valid. 
 
 The same State made a white person and a negro incapable 
 of marrying and to avoid this statute a white person and negro 
 went to Rhode Island and were married and returned, and the 
 Massachusetts courts pronounced this marriage valid. Since 
 that Massachusetts has enacted a statute which prevents such 
 decisions, as follows: "When any persons, resident in this 
 State, shall undertake to contract a marriage contrary to the
 
 43 THE LAW OF BUSINESS. 
 
 [provisions of the statute], and shall, in order to evade these 
 provisions, and with an intention of returning to reside in this 
 State, go into another State or country, and there have their 
 marriage solemnized, and shall afterward return and reside 
 here, such marriage shall be deemed void in this State." 
 
 The law of Kentucky renders a nephew and his uncle's 
 widow incompetent to marry. Such parties domiciled there, 
 went into Tennessee where no such law prevailed and were 
 married and returned to Kentucky to live, and were held by 
 the Kentucky courts to be lawful husband and wife. 
 
 On the other hand comes a case from Virginia whose law 
 makes the marriage of a white person and a negro void with- 
 out decree of divorce or other legal process. A white person 
 and a negro to avoid this statute, both being residents of Vir- 
 ginia, went to the District of Columbia and were married, and 
 returned to Virginia, living together as man and wife. They 
 were arrested upon the charge of fornication or illicit cohabi 
 tation. This case was carried, we believe, to the Court of 
 Appeals, which affirmed all the decisions of the lower courts 
 that the marriage was an attempted fraud upon the laws of 
 Virginia and void, and the parties, of course, guilty. 
 
 The law, however, seems to be pretty well established as 
 stated in the outset of this subject. 
 
 Likewise a marriage invalid where celebrated is invalid 
 everywhere. An exception to this, and the only one worth 
 mentioning, is the case in which the parties can not marry 
 conformably to the laws of the place where they are. In this 
 case if they can marry conformably to the laws of their own 
 country let them do so and it will be there held valid though 
 invalid where performed. 
 
 Consequences of Invalid Marriages. The consequences of 
 invalid marriages are distinctly of two kinds: i. Criminal. 
 2. Civil. The offense of having two wives or two husbands
 
 MARRIAGE. 43 1 
 
 at the same time is usually now termed bigamy, although the 
 old canonical definition of bigamy would make it inapplicable 
 to such a case. The canonists made a bigamist one who mar- 
 ried a second time whether the former consort was living or 
 dead, or one who married a widow. The word bigamy comes 
 from the Latin bis, twice, and Greek gatnos, marriage. The 
 better word for this relation according to the original meaning 
 would be polygamy, which comes from the Greek polugamia, 
 a plurality of wives or husbands at the same time. Bigamy 
 and polygamy are both recognized and punished as crimes in 
 modern criminal law. Polygamy was an offense against the 
 canonical law of England, but not against the common or 
 statute law until the reign of James I., when a statute passed 
 in 1604 made it a felony if committed "within his majesty's 
 dominions of England and Wales," except where the former 
 husband or wife remained seven years continuously beyond 
 sea, or the same time within his majesty's dominions not 
 known to the other to be living, or was divorced, or there 
 was a sentence of nullity, or the parties to the former mar- 
 riage were within the age of consent. This statute has been 
 the model of all statutes passed on the subject since, both in 
 England and this country. But a divorce from bed and 
 board is no longer a protection against the penal consequences 
 of a second marriage, nor is seven years' absence beyond seas 
 if the absent party is known to the other to be alive'. In the 
 States and by the United States statute the punishment for 
 bigamy or polygamy extends to fine and imprisonment. See 
 Bigamy under " Law of Crime." 
 
 Civil Effects. An existing marriage renders a second one 
 void. This is true even though some exception in the statute 
 on polygamy or some principle of the common law exempts 
 the one entering into it from statutory punishment. As, if a 
 woman whose husband had been absent and unheard from
 
 432 THE LAW OF BUSINESS. 
 
 for seven years, and she believed him dead, and remarried, 
 and he then returned alive. She would be relieved from pun- 
 ishment for bigamy but her second marriage would be void. 
 
 Who May Take Advantage. This subject affords a re- 
 markable exception to an old and well established rule of law, 
 viz., that a party is estopped from alleging his own wrong in 
 a court of justice. In consequence of this rule a party can 
 not bring a suit to have his marriage set aside on the ground 
 that it was contracted through his own fraud, though in law it 
 is void. But this rule does not apply to polygamous marriages. 
 It has been decided in several States and seems to be well set- 
 tled that a person who has entrapped another into a polyga- 
 mous marriage may, as well as the innocent party, bring a suit 
 to have its nullity declared.* The most valid reason assigned 
 by the courts for this decision is that the impediment is a dis- 
 tinct thing from the fraud, not depending upon it in any way. 
 
 If a marriage has been declared void by a decree of nullity 
 this relieves the parties from the rule of evidence which pro- 
 tects what passes in confidence between husband and wife. 
 After this decree either of them can be a witness to what 
 transpired during their alleged marriage. 
 
 A pauper woman can not claim the man's settlement upon 
 her after their marriage has been declared void. 
 
 As between themselves the parties after a decree of nullity 
 are as though no marriage ceremony or form had ever taken 
 place. They are single if they were single before, and their 
 property rights are viewed as though no marriage form had 
 ever taken place. The woman can not claim any share in his 
 property, nor alimony or dower; the man can have no interest 
 in her estate nor curtesy in her lands. She can sue and be 
 
 *Glassw. Glass, 114 Mass. 563,566; Ponder vs. Graham, 4 Fla. 23, 
 Martin vs. Martin, 21 Ala. 86.
 
 MARRIAGE. 433 
 
 sued as any feme sole. She can even maintain an action at 
 law against the man for property which was hers before their 
 alleged marriage and for her services to him during cohabita- 
 tion. 
 
 Children born to them are, by operation of the decree, nec- 
 essarily illegitimate, whether the marriage was void or void- 
 able. The legislatures of our States are now taking a more 
 merciful view of this case, however, and adopting the civil law 
 rules which make such children legitimate. Missouri has a 
 statute that makes the children of a void marriage legitimate. 
 Similar statutes, though differing in some respects, exist in 
 Massachusetts, California, Maine, Texas, Maryland and several 
 over States. In Louisiana, where the civil law of Spain largely 
 prevails, if a woman is deceived into marrying a man who has 
 another wife living, and is ignorant of the impediment, she is 
 entitled, while the deception lasts, to all the rights of a wife, 
 and the children born during the period are legitimate. 
 
 Burge says that such a marriage, "though null and void, 
 will have the effect of entitling the wife, if she be in good 
 faith, to enforce the rights of property which would have 
 been competent to her if the marriage had been valid, and of 
 rendering the children legitimate." He says too, that this 
 rule sprang from the canon law and not the civil; was un- 
 known in England, Ireland and Holland, but was admitted 
 into France, Spain and Germany, and was finally adopted by 
 the civil code. It now seems to prevail in Scotland. 
 
 It is competent for the legislature of a State to pass a law 
 forbidding certain persons to marry, and some States have 
 laws forbidding those for whose fault divorces have been 
 granted to remarry. A rule of the old Scotch law is that the 
 guilty party divorced for adultery shall not marry the particeps 
 criminis, or the one with whom the adultery was committed. 
 
 The question whether a remarriage in violation of a statu- 
 28
 
 434 THE LAW OF BUSINESS. 
 
 tory prohibition is valid, voidable or void is not definitely set- 
 tled. It will depend, however, upon the express terms of the 
 statute forbidding the remarriage. 
 
 Presumption of Marriage. The presumptions of the law 
 are always favorable to marriage. All reasonable interpreta- 
 tions of laws and decisions, of personal acts and words will be 
 made in favor of the validity of a marriage. In Missouri, and 
 perhaps in some other States, it has been held that where the 
 parties hold themselves out as husband and wife and cohabit 
 together as such, a marriage is to be presumed. And if parties 
 capable of contracting mutually agree together to be husband 
 and wife and cohabit and assume the relations of husband and 
 wife, the marriage is valid without any ceremony. It is best 
 to have witnesses to the assumption of the marriage relation. 
 The statute of California makes consent, followed by mutual 
 assumption of marital rights and duties, sufficient to constitute 
 valid marriage. 
 
 Interest of Third Parties. The decree of nullity does not 
 affect third parties to so great an extent as it does the parties 
 interested primarily. 
 
 Things executed, where the husband is seized in right of 
 his wife, shall not be avoided by a sentence of nullity, as gift 
 of goods to the wife, receipt of rent, etc., but in the case of an 
 inheritance it is different. 
 
 If land is conveyed to husband and wife and the heirs of 
 their two bodies, and afterward, the marriage, being voidable, 
 is avoided by sentence, the inheritance is turned into a joint 
 estate for life and the estate is converted into moieties. 
 
 If a lease is made to husband and wife during coverture 
 and a decree of nullity is pronounced after the husband has 
 sown the land, he is entitled to the emblements and not the 
 lessor. 
 
 If a man is bound to a. feme sole, and afterwards marry her,
 
 MARRIAGE. 435 
 
 and then they are divorced by decree of nullity, his obligation 
 to her is revived. 
 
 If the husband sell his wife's lands in fee and then a decree 
 of nullity is made of their marriage her estate in them is lost, 
 the sale will stand, because innocent third parties are inter- 
 ested, but between the parties themselves the decree will de- 
 stroy the husband's title to his wife's lands. 
 
 A man may be answerable for debts contracted by a woman 
 whom he holds out to be his wife, though she is not such. If 
 his marriage with the woman is voidable he will be liable for 
 debts contracted by her before sentence of nullity, but not 
 after. 
 
 If the marriage is absolutely void third persons are not al- 
 ways protected, especially if the first owner is an infant. An in- 
 fant girl, in good faith, married a man who had a wife living, 
 and her father, also ignorant of the impediment, gave her a slave. 
 The pretended husband afterwards sold the slave with her 
 consent, while she was yet in her minority and still ignorant 
 of the deception practiced upon her. Held, that the gift in- 
 vested the husband with no title, and further that the sale 
 conveyed no title to the purchaser, as against her. 
 
 If a woman has been deceived by a man into a bigamous or 
 other void marriage with him she may by bill in equity com- 
 pel him to account to her for all rents and profits received by 
 him upon her land during the supposed marriage, and return 
 it to her with its proceeds. At law she can recover pay for 
 her services during cohabitation. If he is dead she can en- 
 force her claim against his estate. 
 
 Rights and Duties. The duties imposed and rights con- 
 ferred on the parties by marriage are entirely mutual. 
 
 The husband's first and principal duty is the support and 
 maintenance of his wife according to his position, rank and 
 fortune. Whatever his circumstances she is entitled to food,
 
 436 THE LAW OF BUSINESS. 
 
 clothing, shelter, medical attendance and nursing. She is en- 
 titled to the necessaries of life and necessaries vary according 
 to their station and means. 
 
 Besides the above mentioned, they include a means of loco- 
 motion, furniture, protection, etc., such as the husband, con- 
 sidering his circumstances, ought to furnish for his wife for 
 her sustenance, health and comfort. 
 
 Among the most important of the wife's rights is the irre- 
 vocable agency to pledge her husband's credit for whatsoever 
 is necessary to her support unless he provides other means. 
 
 If the husband is an infant he is under the same obligation 
 as an adult to support his wife. 
 
 The husband is the head of the family when they are in 
 cohabitation, and he may take upon himself the providing for 
 it and exclude his wife from all share in it. He may select the 
 tradespeople that he will buy from and attend to all details, 
 and as long as he does this the wife's agency will be in abey- 
 ance she will not be justified in pledging her husband's credit 
 for necessaries when he is himself supplying them from some 
 other source. 
 
 What is the rule then to guide shopkeepers and trades- 
 people in extending credit to a husband upon the wife's order? 
 Justice Bayley says that "cohabitation is presumptive evidence 
 of the assent of the husband" to being bound by the wife's 
 contract for "necessaries" for herself and family, nothing 
 more. 
 
 If a husband notifies a tradesman beforehand not to trust 
 his wife he will not be liable, unless he fail to provide for her 
 wants himself, then he would have to pay, notwithstanding 
 his notice. 
 
 The husband is in honor bound to afford his wife such pro- 
 tection as he is able, defending her person against violence 
 and her name against reproach.
 
 MARRIAGE. 437 
 
 Love, Honor and Obey. By the marriage formula 1 the wife 
 about-to-be promises to love, honor and obey her husband. 
 Love can not be considered in the light of a duty. Love does 
 not flow from a sense of duty. Love is free. Love is un- 
 selfish. Love leaps with joy to the succor of its object while 
 Duty creeps on crutches. But while love is not a duty it is an 
 essential element to happiness in the marriage state. To in- 
 sure the best results, the happiest fruition in ripe old age of 
 the rosy dreams of youth it must be mutual. It has been said 
 that true love never dies; that "love is love forevermore." 
 But a one-sided, unrequited love grows weary and heart sick. 
 Many years of burning without any returning sentiment to 
 feed the consuming fire will dim the brightness of the flame 
 and cool the amorous ardor, and mayhap some non-affiliating 
 chemical in the laboratory of practical life will transform the 
 noble sentiment into its antipodal hate. 
 
 Woman's nature requires love it feeds and lives on love 
 and if husbands would remember this and "waste a little 
 time" each day in loving their wives they will find it the best 
 investment they can make. It will bring grand returns in the 
 form of a happy' home, where wife, cheerful and happy, de- 
 votes herself wholly, in thought and act, to husband's happi- 
 ness and welfare. Husbands, a kiss, a caress, a timely word 
 of encouragement and commendation, brings magnificent re- 
 turns. But let it come from the heart, true, unaffected. Then 
 wife is yours, devoted, true; her every act directed by the 
 thought, "Will this please him?" Each light-hearted, happy, 
 devoted to a single thought, the other, rosy cheeked children 
 come to bless and brighten this home where mutual love is 
 sovereign king. Happy and sunny, these two in one, each 
 devoted to, absorbed in the other, journey through life hand 
 in hand as one, enjoying all life's true pleasures, dividing all 
 its sorrows, and thus filling out to full, round completeness 
 the measure of Divine purpose towards man.
 
 438 THE LAW OF BUSINESS. 
 
 Honor is another mutual duty. The wife should honor 
 the husband, the husband should honor the wife. The great- 
 est dishonor that either one can bring upon the other is to 
 violate the marriage vow of fidelity. But this question of 
 fidelity to the marriage vow is almost indissolubly connected 
 with the first element, love. When love wanes the sense of 
 honor grows weak. 
 
 It will avail nothing to lecture men and women upon the 
 importance of keeping inviolate the marriage vow. Nine- 
 tenths of all the marital woe flows from unfaithfulness. There 
 is a sentiment in the mind of man that will not brook an)- 
 dereliction of this kind on the part of his wife. With equal 
 right and justice does the wife revolt when the husband de- 
 parts from the line of chastity. Any sentiment in either that 
 looks lightly on or condones adultery in the other is abnormal 
 and shows a depraved mind. Husbands, do not thus dishonor 
 your wives. Wives, do not by your infidelity bring dishonor 
 and shame upon your husband and children. 
 
 The marriage form still contains the word "obey" for the 
 wife's obligation, although the meaning and use of the term 
 in modern marital relations is very different from what it 
 was in olden times. Then the word was taken and applied in 
 its literal sense. The husband commanded and the wife 
 obeyed. His authority extended to the application of all 
 necessary force to compel obedience. A husband could beat 
 his wife and she had no redress. It is different now as all 
 wife beaters soon learn. Still, technically, the husband is yet 
 the master of the house; he is the head of the family and in 
 the decision of questions where an agreement is impossible 
 his dictum would be law. But in well-regulated families there 
 is no such thing as commanding or obeying. Each conforms 
 to the wish of the other, now one yielding a point, now the 
 other. Love is again at the bottom, converting commands 
 into requests and rendering obedience a pleasure.
 
 divorce. 439 
 
 Object of Marriage. There are only two normal and nat- 
 ural objects of marriage : i. Lawful sexual intercourse without 
 encouraging licentiousness. 2. The propagation of the race, 
 or the begetting of offspring. In some individual marriages 
 there are other motives and objects, as the direction of an 
 estate or the union of two estates. When other considera- 
 tions than the two mentioned enter into a marriage they al- 
 most always relate in some way to property. These consid- 
 erations or motives are unnatural and should not be allowed 
 to govern against natural objections, such as w T ant of love and 
 respect, incompatibility of disposition, ill health and proba- 
 bility of begetting weak and sickly offspring. But if all the 
 natural elements to produce a happy and fortunate marriage 
 are present, the property considerations would fall into place 
 as very desirable collateral inducements. 
 
 Consummation of Marriage. The object of marriage, being 
 as above stated it follows that sexual intercourse is one of the 
 rights and duties of the married state. This is the consumma- 
 tion of marriage, although if man and wife live together in all 
 respects as husband and wife except this one act the marriage 
 will be considered consummated in law. The consummation of 
 the marriage is not necessary to render it valid. If the wife 
 refuse immediately upon marriage to perform the wifely duties 
 and even leave her husband it will not invalidate the marriage, 
 and the same is true of the husband. If, however, there is 
 some malformation of the sexual organs, rendering either one 
 physically incapable of performing the sexual function, this 
 would be sufficient ground for divorce in most States. 
 
 DIVORCE. 
 
 Divorce is the act of the State by which a legally contracted 
 marriage is dissolved. In our previous remarks considerable 
 has been said upon the subject of invalid marriages, void and 
 voidable marriages. We desire here to call attention to an
 
 440 THE tAW OF BUSINESS. 
 
 important distinction: If the marriage is void or voidable the 
 decree so declaring is properly called a decree of nullity, al- 
 though the term divorce is frequently improperly applied. 
 When the marriage is valid and for reasons arising subse- 
 quently a legal separation takes place, the decree is called 
 divorce. 
 
 There are two kinds of divorce: i. A vinculo matrimonii. 
 2. A mensa et thoro. The first is absolute divorce from the 
 bonds of matrimony and restores both to their former posi- 
 tions with privilege to remarry. The second is divorce from 
 bed and board and is only partial, placing the parties under 
 certain restrictions, the most important of which is that they 
 are not allowed to marry again. This is not considered good 
 policy in this country and very few States grant divorces a 
 mensa et thoro. 
 
 Divorces are again classified according to the authorities 
 by which they are granted into: i. Legislative. 2. Judicial. 
 A legislative divorce is one granted directly by act of the leg- 
 islature, or by a court under direct instructions from the legis- 
 lature. A judicial divorce is one granted by decree of court 
 in accordance with general statutory provisions. Nearly all 
 the divorces granted in this country are judicial. 
 
 The principal causes of divorces are adultery, cruelty, de- 
 sertion, habitual drunkenness, gross neglect of duty, refusing 
 to maintain being able, uniting with Shakers, conviction of 
 crime, absence unheard from, and a few others. The States 
 have all legislated on the subject except South Carolina, and 
 the statutes of each State lay down the causes which shall be 
 considered sufficient ground for divorce in that State when 
 proved. Following is a condensation of the laws of all the 
 States on the subject of divorce. 
 
 'Previous Residence Required. Dakota, ninety days; Cali- 
 fornia, Indiana, Idaho, Nebraska, Nevada, New Mexico, Texas
 
 DIVORCE. 441 
 
 and Wyoming, six months; Alabama, Arizona, Arkansas, Col- 
 orado, Illinois, Iowa, Kansas, Kentucky, Maine, Mississippi, 
 Minnesota, Missouri, Montana, New Hampshire, Ohio, Oregon, 
 Pennsylvania, Rhode Island, Utah, Vermont (both parties as 
 husband and wife), West Virginia, Washington Territory and 
 Wisconsin, one year; Florida, Maryland, Michigan, North 
 Carolina and Tennessee, two years; Connecticut and Massa- 
 chusetts (if, when married, both parties were residents; other- 
 wise, five years), three years. 
 
 Causes for Divorce. The violation of the marriage vow is 
 cause for absolute divorce in all the States and Territories, ex- 
 cepting South Carolina, which has no divorce laws. 
 
 Physical inability is a cause in all the States except Cali- 
 fornia, Connecticut, Dakota, Idaho, Iowa, Louisiana, New 
 Mexico, New York, South Carolina, Texas and Vermont. In 
 most of these States it renders marriage voidable. 
 
 Wilful desertion, six months, in Arizona. 
 
 Wilful desertion, one year, in Arkansas, California, Colo- 
 rado, Dakota, Florida, Idaho, Kansas, Kentucky, Missouri, 
 Montana, Nevada, Oregon, Utah, Wisconsin, Washington Ter- 
 ritory and Wyoming. 
 
 Wilful desertion, two years, in Alabama, District of Colum- 
 bia, Illinois, Indiana, Iowa, Michigan, Mississippi, Nebraska, 
 Pennsylvania and Tennessee. 
 
 Wilful desertion, three years, in Connecticut, Delaware, 
 Georgia, Maine, Maryland, Massachusetts, Minnesota, New 
 Hampshire, New Jersey, Ohio, Texas, Vermont and West 
 Virginia. . 
 
 Wilful desertion, five years, in Virginia and Rhode Island, 
 though the court may in the latter State decree a divorce for a 
 shorter period. , 
 
 Habitual drunkenness, in all the States and Territories, ex- 
 cept Maryland, New Jersey, New York, North Carolina, Penn-
 
 442 THE LAW OF BUSINESS. 
 
 sylvania, South Carolina, Texas, Vermont, Virginia and West 
 Virginia. 
 
 "Imprisonment for felony" or "conviction of felony" in 
 ali the States and Territories (with limitations), except Flor- 
 ida, Maine, Maryland, New Jersey, New Mexico, New York 
 and South Carolina. 
 
 "Cruel and abusive treatment," "intolerable cruelty," "ex- 
 treme cruelty," "repeated cruelty," or "inhuman treatment," 
 in all the States and Territories, except New Jersey, New 
 York, North Carolina, South Carolina, Virginia and West 
 Virginia. 
 
 Failure by the husband to provide, six months in Arizona; 
 one year in California, Colorado, Dakota, Nevada and Wyom- 
 ing; two years in Indiana and Idaho; no time specified in 
 Idaho, Massachusetts, Michigan, Maine, Nebraska, New Mex- 
 ico, Rhode Island, Vermont and Wisconsin; wilful neglect for 
 three years, in Delaware. 
 
 Fraud and fraudulent contract in Arizona, Connecticut, 
 Georgia, Idaho, Kansas, Kentucky, Ohio, Pennsylvania and 
 Washington Territory. 
 
 Absence without being heard from, three years in New 
 Hampshire ; seven years in Connecticut and Vermont ; separa- 
 tion, five years in Kentucky; voluntary separation, five years 
 in Wisconsin and Kentucky. When reasonably presumed 
 dead by the court, in Rhode Island. 
 
 "Ungovernable temper," in Kentucky; "habitual indul- 
 gence in violent and ungovernable temper," in Florida; "cruel 
 treatment, outrages or excesses as to render their living 
 together insupportable," in Arkansas, Kentucky, Louisiana, 
 Missouri, Tennessee and Texas; "indignities as render life 
 burdensome," in Missouri, Oregon, Pennsylvania, Tennessee, 
 Washington Territory and Wyoming. Attempt to murder 
 the other party, in Illinois and Tennessee.
 
 DIVORCE. 443 
 
 Other causes in different States are as follows: "Husband 
 notoriously immoral before marriage, unknown to wife," in 
 West Virginia; "fugitive from justice," in Virginia; "gross 
 misbehavior or wickedness," in Rhode Island; "any gross 
 neglect of duty," in Kansas and Ohio; "attempt on life," in 
 Illinois; "refusal of wife to remove into the State," in Ten- 
 nessee; " mental incapacity at time of marriage," in Georgia; 
 "three years with any religious society that believes the mar- 
 riage relation unlawful," in Massachusetts; "joining any relig- 
 ious sect that believes marriage unlawful, and refusing to co- 
 habit six months," in New Hampshire; "parties can not live 
 in peace and union," in Utah; "settled aversion which tends 
 to permanently destroy all peace and happiness," in Ken- 
 tucky; "insanity for five years," in Wisconsin, and for ten 
 years in Washington Territory; "vagrancy of the husband," 
 in Missouri and Wyoming. 
 
 In Georgia an absolute divorce is granted only after the 
 concurrent verdict of two juries at different terms of the court. 
 In New York absolute divorce is granted for but one cause, 
 adultery. 
 
 The granting of divorce for any cause is left to the discre- 
 tion of the court in Washington Territory. The discretion of 
 the court is also practically allowed by law in Wisconsin. 
 
 All of the causes above numerated are for absolute or full 
 divorce, and collusion and connivance are especially barred, 
 and also condonation of violation of the marriage vow. 
 
 Remarriage. There are no restrictions upon remarriage 
 by divorced persons in Arizona, Connecticut, Kentucky, Illi- 
 nois and Minnesota. Either party may remarry, but defend- 
 ant must wait two years and obtain permission from the court, 
 in Massachusetts. The decree of the court may restrain the 
 guilty party from remarrying in Virginia. Parties can not re- 
 marry, except by permission of the court, in Maine. In the
 
 444 THE LAW OF BUSINESS. 
 
 State of New York the plaintiff may remarry, but the defend- 
 ant can not do so during the plaintiff's lifetime, unless the de- 
 cree be modified or proof that five years have elapsed and 
 that complainant has married again and defendant's conduct 
 has been uniformly good. Any violation of this is punished 
 as bigamy, even though the other party has been married. In 
 Delaware, Pennsylvania and Tennessee, no wife or husband 
 divorced for violation of the marriage vow can marry the 
 particeps criminis during the life of the former husband or 
 wife, nor in Louisiana at any time ; such marriage in Louisiana 
 renders the person divorced guilty of bigamy. 
 
 In Kansas a divorce will be granted to one party upon the 
 ground that the other has obtained a divorce in another State, 
 and the respondent has been forbidden to remany. A party 
 thus forbidden may go to Kansas and obtain a divorce also 
 upon this ground but with privilege to remarry, and if service 
 can be had upon the one who first obtained the divorce in an- 
 other State, or that one can be brought under the jurisdiction 
 of the Kansas courts, the divorce in Kansas must be recog- 
 nized as valid in other States and the party can not now be 
 punished for remarrying. 
 
 In New York desertion for five years, without knowledge 
 that the deserter is living permits the one deserted to marry 
 again; and if the deserter then return the second marriage 
 will be valid, but it may be declared void, but only from the 
 date of the decree, not ab initio. And proper petition must be 
 made to a court of competent jurisdiction to have second mar- 
 riage so declared, and if no such petition is ever filed, and all 
 parties are satisfied, one husband may live in lawful wedlock 
 with two or more wifes or one wife with two or more hus- 
 bands. The children will all be legitimate and inherit equally 
 and both wives will be entitled to dower.
 
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 449
 
 MisceLLftNeous. 
 
 THE BROOKLYN BRIDGE. 
 
 THE great New York and Brooklyn Bridge is a suspen- 
 sion bridge, and the greatest structure of the kind in 
 the world. It consists of three spans and two ap- 
 proaches. The bridge was suggested by Colonel Julius 
 W. Adams, in 1855. The act of incorporation was passed in 
 April, 1866. Work commenced January 2, 1870. First rope 
 was thrown across the river August 14, 1876. Master Me- 
 chanic Farrington crossed in a boatswain's chair August 25, 
 1876. New York foundation is 78^ feet below high water 
 mark, Brooklyn foundation, 45 feet. New York tower con- 
 tains 46,945 cubic yards of masonry, Brooklyn 38,214. Size 
 of towers at high water line, 140x59 feet; at roof course 
 136x53 feet. Height of towers above high water, 276^ feet. 
 Height of roadway in the clear in the middle of East river, 
 135 feet; grade of roadway 3 feet, 3 inches to 100 feet. Width 
 of bridge 85 feet; promenade through center 16 feet, 7 inches; 
 railway at side of promenade 12 feet, 10 inches; carriage way 
 on tlie other side 18 feet, 9 inches. Length of bridge includ- 
 ing approaches, 5,986^ feet or 35 miles; length of main span 
 1,595^ feet; each land span 930 feet; Brooklyn approach 971 
 feet; New York approach 1,560 feet. The superstructure is 
 suspended on four great cables, each 3,578^ feet long and 
 15^ inches in diameter, and each containing 5,434 steel gal- 
 vanized wires and weighing about 800 tons. Each cable will 
 support 1,500 tons. There are 10,000 tons of steel in the sus- 
 
 450
 
 THE WASHINGTON MONUMENT. 45 1 
 
 pended superstructure. The bridge cost $15,000,000, and was 
 opened for traffic in 1883. 
 
 THE WASHINGTON MONUMENT. 
 
 The corner stone was laid July 4, 1848, by President Polk. 
 The cap stone was set in position December 6, 1884. There 
 was a long period, about a quarter of a century, in which no 
 work whatever was done. The foundations are 126^ feet 
 square and 36 feet 8 inches deep. The base of the monument 
 is 55 feet 1% inches square. It is hollow, the walls being 15 
 feet %. inch thick. At the 500 foot mark, where the pyramidal 
 top begins, the shaft is 34 feet 5^ inches square and the walls 
 are 18 inches thick. The monument is built of marble blocks 
 2 feet thick, over 18,000 in number being required. The 
 height above ground is 555 feet. The pyramidal top termi- 
 nates in an aluminum tip 9 inches high and weighing 100 
 ounces. The mean pressure of the monument is 5 tons per 
 square foot, the entire weight, foundation and all, about 81,000 
 tons. The door at the base is 8 feet wide and 16 feet high 
 and opens to a room 25 feet square. Sight seers are taken to 
 the top of this wonderful structure by an elevator which is 
 supported by an immense iron frame work. The elevator car 
 is hoisted by steel ropes 2 inches in diameter. The top may 
 also be reached by stairs of which there are fifty flights of 18 
 steps each. 520 feet from the ground there are 8 windows, 
 18 x 24 inches, two on each face. At the base of the pyramidal 
 top, 500 feet up, the area of the top is 1,187*4 square feet, 
 enough to make six rooms 12 x 16 and enough space left for 
 closets. The Washington Monument is the highest structure 
 in the world. The Cologne Cathedral is 525 feet high; the 
 pyramid of Cheops, 486; Strasburg Cathedral, 474; St. Peters, 
 at Rome, 448. The cost of the Monument was about 
 $1,500,000.
 
 
 LATITUDE REACHED. 
 
 8o 
 
 23 min. 
 
 00.5 sec. 
 
 8o 
 
 48 min. 
 
 00.5 sec. 
 
 8i 
 
 12 min. 
 
 42.5 sec. 
 
 82 
 
 45 min. 
 
 30.5 sec. 
 
 82 
 
 09 min. 
 
 00.5 sec. 
 
 83 
 
 20 min. 
 
 26.5 sec. 
 
 83 
 
 07 min. 
 
 00.5 sec. 
 
 83 
 
 24 min. 
 
 00.5 sec. 
 
 452 MISCELLANEOUS. 
 
 THE NORTH POLE. 
 The North Pole is the northern terminus of the axis of 
 the earth's rotation. It is purely geographical and imaginary. 
 The point has never been reached by man, although many 
 efforts have been made to do so. The following are the most 
 important. 
 
 YEAR. EXPLORER. 
 
 1607 Hudson, .... 
 
 1773 Phipps, (Lord Musgrove), 
 
 1806 Scoresby, .... 
 
 I827 Parry, 
 
 1874 Meyer, (on land), 
 
 1875 Markham, (Nare's exp'd), 
 
 1876 Payer, 
 
 1884 Lockwood, (Greely's party), 
 
 Mr. Lockwood, a member of the celebrated Greely expedi- 
 tion, reached within 6 deg. 36 min. or 455 miles of the pole. 
 The region reached by Lockwood is covered with ice gorges 
 and precipices of snow and ice of almost insurpassable diffi- 
 culty. No instrument could measure the degree of cold; it 
 blisters the skin upon touch like a red hot iron. Progress is 
 necessarily extremely slow, five or six miles being a long day's 
 journey. Then several days rest must be taken before another 
 attempt is made to penetrate this forbidding wilderness of 
 snow and ice. 
 
 seven wonders of the world. 
 
 Pyramids of Egypt. 
 
 Hanging Gardens of Babylon, including Tower Walls 
 and Terrace. 
 
 Statue of Jupiter Olympus, on the Capitoline Hill, at 
 Rome. 
 
 Temple of Diana, at Ephesus.
 
 LONDON. 453 
 
 Pharos, or the Watch Tower, at Alexandria, Egypt. 
 Colossus of Rhodes, a statue 105 feet high, overthrown 
 by an earthquake 224 B. C. 
 
 Mausoleum at Halicarnassas, a city in Asia Minor. 
 
 LONDON. 
 
 Every school boy is taught that London, England, is the 
 largest city in the world, but few have any idea of this won- 
 derful collection of human beings. It covers 700 square 
 miles and numbers over 5,000,000 people. They are not all 
 Englishmen ; two out of every five are foreigners from every 
 part of the earth 2,000,000 foreigners. London has a birth 
 every five minutes, 288 a day, 105,128 a year; has a death 
 every eight minutes, 180 a day, 65,700 a year. Has 8,000 miles 
 of streets and seven accidents a day upon them. She opens 
 up 40 miles of new streets a year and builds 15,000 new 
 houses. 
 
 London has a 1,000 ships and over 10,000 sailors in her 
 ports every day ; her beer and gin shops would, if placed side 
 by side, extend a distance of 78 miles. Out of these shops 
 come every year 38,000 drunkards before her magistrates. She 
 has 15,000 cabmen, 15,000 police and 15,000 people connected 
 with the post-office. Her people receive 300,000,000 letters 
 every year. Every day 850 trains pass Clapham Junction and 
 the under-ground railroad runs 1,211 trains a day. Her omni- 
 bus companys' 700 busses carry 56,000,000 passengers every 
 year. It cost $3,000,000 a year to light her streets. She has 
 400 daily and weekly newspapers. There is more danger in 
 walking her streets than in crossing the Atlantic Ocean. In 
 one year 130 persons were killed and 2,060 injured by vehicles 
 in the streets. London, the greatest city in the world, has 
 the most perfect draii.age system and is a very healthy city, 
 her death rate being very low. She is 3,009 years old, having
 
 454 MISCELLANEOUS. 
 
 been founded by Brute, the Trojan, in the year of the world 
 2832. 
 
 SALARY OF THE PRESIDENT. 
 
 Since Grant's last term the President of the United States 
 has received a salary of $50,000 per annum. Previous to that 
 time it was $25,000. In addition to the $50,000 salary he re- 
 ceives $36,064 for subordinates and clerks. His private sec- 
 retary receives $3,250; an assistant private secretary $2,250; a 
 stenographer $1,800; five messengers, each $1,200; a steward 
 $1,800; two doorkeepers, each $1,200; two ushers, one $1,400, 
 the other $1,200; a night usher $1,200; a watchman $900; a 
 man who takes care of the fires $864. Then he gets $8,000 
 for incidental expenses, such as stationery, carpets, care of the 
 presidential stables, etc. He gets $12,500 for repairing and 
 refurnishing the White House ; $4,000 for the green house ; 
 $2,500 for fuel ; $15,000 for gas, matches and the stable. The 
 President and White House cost the country, all told, over 
 $125,000 a year. 
 
 COST OF ROYALTY. 
 
 While the above figures seem large for the expense of our 
 Chief Magistrate, they are in reality very small compared with 
 the cost of the royal families of Europe to their governments. 
 Her Majesty, Queen Victoria's privy purse or salary is ,60,000 
 or $300,000. Salaries and expenses of household, Royal 
 bounty, etc., added to this give a total of ^385,800 or $1,929,000 
 for Her Majesty alone. Then there are 13 princes, princesses, 
 dukes and duchesses that draw handsome salaries and do 
 nothing, running the grand aggregate up to ,566,800 or 
 $2,834,000, making the salary and expenses of our President 
 who does more work in a month than the whole royal family 
 do in a lifetime, appear very insignificant.
 
 CUSTOM REGULATIONS. 455 
 
 UNITED STATES CUSTOM REGULATIONS AS TO BAGGAGE. 
 
 All persons entering any of the ports of the United States 
 from a foreign country are subjected to an examination of 
 their baggage. On all dutiable articles a duty must be paid 
 according to the schedule fixed by Congress. The following 
 articles are free from duty: Wearing apparel and other per- 
 sonal effects (not merchandise), professional books, implements, 
 instruments and tools of trade, occupation or employment. 
 
 The owner of articles brought into the United States, or 
 his agent, shall make an entry of all articles of wearing ap- 
 parel and other personal baggage, and professional books, im- 
 plements and instruments of trade, the same as of other mer- 
 chandise, but separate and distinct from the entry of any 
 other merchandise imported from a foreign port. This entry 
 shall be made with the Collector of the district in which the 
 articles are intended to be landed. It must state the person 
 by whom or for whom such entry is made and must particu- 
 larize the several packages and their contents, with their 
 marks and numbers. And the person making the entry must 
 take and subscribe an oath before the Collector, declaring 
 that the entry subscribed by him and to which his oath is 
 annexed, contains, to the best of' his knowledge and belief, a 
 just and true account of the contents of the several packages 
 mentioned, specifying the name of the vessel, the name of her 
 master and the port from which she has arrived; and stating 
 that the said packages contain no merchandise whatever, other 
 than wearing apparel, personal baggage, or as the case may 
 be, tools of trade, specifying it; that they are all the property 
 of a person named who has arrived, or is about to arrive, in the 
 United States, and are not, directly or indirectly, imported for 
 any other, or intended for sale. 
 
 If any article is found in any of the packages or baggage 
 which is subject to duty and which was not mentioned in the
 
 45 6 MISCELLANEOUS. 
 
 entry made to the Collector by the person making the entry, 
 such article shall be forfeited to the Government, and the 
 person in whose baggage it is found shall be liable to a penalty 
 of treble the value of the article found. 
 
 " Professional books, implements and tools of trade, occu- 
 pation or employment," embrace such books or instruments 
 as would naturally belong to a surgeon, physician, engineer 
 or other scientific person returning to this country. The real 
 rule of determining whether an article is free or not is 
 whether it is intended for personal use or for sale. 
 
 Jewelry that has been in use as a personal ornament and is 
 expected to be worn again by the person, being only tempor- 
 arily laid aside, may be admitted free. 
 
 A single passenger can only bring in one watch free. If 
 he have several watches, all old, he may select one to be con- 
 sidered his personal effects; if some are new and some old, all 
 the new are dutiable he may select an old one for his own. 
 
 Following is the decision of the United States Supreme 
 Court: The free list includes (i), wearing apparel owned by 
 the passenger and in a condition to be worn at once without 
 further manufacture; (2), brought with him as a passenger 
 and intended for the use or wear of himself or his family who 
 accompanied him as passengers, and not for sale or purchased 
 or imported for other persons, or to be given away; (3), suit- 
 able for the season of the year which was immediately ap- 
 proaching at the time of his arrival; (4), not exceeding in 
 quantity, or quality, or value what the passenger was in the 
 habit of ordinarily providing for himself and his family at 
 that time, and keeping on hand for his and their reasonable 
 wants, in view of their means and habits of life, even though 
 such articles had not been actually worn. 
 
 STANDARD TIME. 
 
 Since November 18, 1883, all the railroads of the United
 
 STANDARD TIME. 457 
 
 States have been run on "Standard Time." Previous to that 
 there were fifty-eight kinds of time in use by the railroads of 
 the country, resulting in endless confusion and rendering it 
 impossible for travelers to calculate the arrival and departure 
 of trains. A conference of the railroad men of the country re- 
 sulted in the establishment of "Standard Time," which has 
 only four variations, the difference in each case being exactly 
 one hour. This system of time for the railroads was estab- 
 lished by dividing the country into four sections, each fifteen 
 degrees of Longitude wide from East to West. Every school 
 boy knows that the sun passes over fifteen degrees of Longi- 
 tude in one hour, hence it is that the change from one time to 
 another is always exactly one hour. 
 
 EASTERN TIME. 
 
 The time of the first section on the East is called "Eastern 
 Time." It is the time of the 75th Meridian from Greenwich, 
 which runs a few miles east of Philadelphia. The time of the 
 entire section is the same as the time of the Meridian through 
 the center. For 7^ degrees east and 7^ degrees west of the 
 75th Meridian all trains run on the time of the 75th Meridian, 
 which is called Eastern Time. This section extends from the 
 eastern part of Maine to near Detroit, Michigan. The princi- 
 pal cities in this section are Boston, Albany, New York, Syra- 
 cuse, Rochester, Buffalo, Philadelphia, Washington and many 
 others. The western boundary of the Eastern section is the 
 Meridian 82^ degrees west from Greenwich, this being 7^ 
 degrees west from the 75th Meridian. A train running West 
 when it crosses this Meridian passes at once into 
 
 CENTRAL TIME. 
 
 This is the time of the 90th Meridian and is exactly one 
 hour behind Eastern time. In other words, if an engineer's 
 watch shows 1 1 o'clock just before he passes from Eastern
 
 458 MISCELLANEOUS. 
 
 into Central time he will know after he crosses the line that it 
 is only 10 o'clock in that section and run to make all his con- 
 nections accordingly. This section commences near Detroit, 
 Michigan, and extends 15 degrees West to the vicinity of 
 Yankton, Dakota, and Austin, Texas. Cleveland, Cincinnati, 
 Columbus, Chicago, St. Louis, Kansas City, Omaha and all 
 places in this section have the same time for railroad purposes. 
 
 MOUNTAIN TIME. 
 
 This is the time of the 105th Meridian, which passes near 
 Denver, Colorado. It is one hour slower than Central time 
 and extends from Yankton and Austin to near Salt Lake City. 
 For railroad purposes the time of all places in this section is 
 the same. 
 
 WESTERN TIME. 
 
 This is the time of the 120th Meridian and begins 7^ de- 
 grees east of that Meridian or 112J& degrees west of Green- 
 wich. It is one hour slower than Mountain time. The time 
 for railroad purposes in all places in this section, Walla 
 Walla, Los Angeles, San Francisco, Sacramento, Portland, 
 etc., is the same. 
 
 LOCAL TIME. 
 
 Every city which is not located on one of the four Merid- 
 ians above named, 75, 90, 105 or 120, has its own local time 
 which differs from the Standard or Railroad time according to 
 its distance from the central Meridian of the section. Cincin- 
 nati time is 22 minutes faster than Central Standard time, be- 
 cause Cincinnati is about $}4 degrees east of the 90th Merid- 
 ian. Philadelphia time is only 38 seconds slower than Eastern 
 Standard time, because Philadelphia is only a few miles west 
 of the 75th Meridian.
 
 POINTS OF LAW. 459 
 
 POINTS OF LAW. 
 
 Ignorance of law excuses no one. 
 
 It is a fraud to conceal a fraud. 
 
 The law does not compel any one to do impossibilities. 
 
 A contract without consideration can not be enforced. 
 
 Signatures made with lead pencil are binding. 
 
 A contract made with a minor is voidable by the minor. 
 
 A note given by a minor is voidable. 
 
 A contract made with a lunatic is void. 
 
 A contract or note obtained by fraud, or from a person in 
 a state of intoxication, can not be enforced. 
 
 The acts of one partner of a firm bind all the others. 
 
 Each individual in a partnership is liable for the whole 
 amount of the debts of the firm. 
 
 Principals are responsible for the acts of their agents. 
 
 Agents are liable to their principals for errors or the results 
 of their mistakes. 
 
 The loss of a note by accident or theft does not release 
 the maker; he must pay. But it may be necessary for the 
 holder to prove the amount and consideration. 
 
 Notice of protest to an endorser of a note must be served 
 within twenty-four hours of its non-payment, otherwise he is 
 exempt from liability. 
 
 A receipt for money paid is not legally conclusive. It may 
 be allowed to prove that the money was not paid 
 
 LAW OF FINDING. 
 
 The one who finds anything has a clear title to it against 
 the whole world except the owner. This is true whether the 
 thing is found 011 the premises of the finder or of some one 
 else. An inn keeper has no right to demand property found 
 on his premises by a guest or other person. Neither has a 
 shop or store keeper. This law is a century old. It was set- 
 tled in King's Bench under these facts:
 
 460 MISCELLANEOUS. 
 
 A person found a wallet on a shop floor. He handed it 
 and the money it contained to the shop keeper to restore to 
 the owner. Three years passed and no owner appeared to 
 claim the property. The finder then demanded the wallet and 
 money. The shop keeper refused 011 the ground that they 
 were found on his premises. The finder sued and the decision 
 of the court was as stated above, that the title of the finder is 
 perfect against all the world except the owner. 
 
 The finder has been held to stand in the place of the 
 owner, in this way: if a person find an article and lose it 
 again and a third person find it the first finder may recover it 
 from the second. 
 
 The police have no more rights in property found than 
 any one else unless a special statute may confer such rights. 
 
 Receivers of articles found are trustees for the owner or 
 finder. They can not hold an article against the finder any 
 more than the finder can hold it against the owner. 
 
 RARE U. S. COINS AND THEIR VALUE. 
 
 Silver Dollars. Rarest dates are: 1794, worth $35; 
 1798, with small eagle, $2j 1799, with five stars facing, $2; 
 1804, worth $8; 1836, $5; 1838, $25; 1839,115; 1851,120; 
 1852, $25; 1854, $6; 1855, $5; 1856, $2; 1858, $20. 
 
 Silver Half Dollars. The rarest are: 1794, valued at 
 $5; 1796, $40; 1797, $30; 1801, $2; 1802, $2; 1815, $4; 
 1836, reeded, $3; 1838, Orleans, $5; 1852,13; 1853,110 ar- 
 rows, $15. 
 
 Silver Quarter Dollars. The rarest are: 1796, valued 
 at $3; 1804, $3; 1823, $50; 1853, no arrows, $4. 
 
 Silver Twenty Cent Pieces. The rarest are: 1874 
 proof, valued at $10; 1877 proof, $2; 1878 proof, $2. 
 
 Silver Dimes. The rarest are: 1796, valued at $3; 1797, 
 16 stars, $4; 1797, 13 stars, $4.50; 1798, $2; 1800, $4; 1801, 
 1802 and 1803 each valued at $3; 1804, $5; 1805 to 18 10, in- 
 clusive, each 50 cts.; 1811, 75 cts.; 1822, $3; 1846, $1.
 
 LEGAL HOLIDAYS. 46 1 
 
 Silver Half Dimes. The rarest are: 1794, valued at $3 ; 
 
 1795. 75 cts -; J796 and 1797, $2 each; 1800, 75 cts.; 1801, 
 $1.50; 1802, $50; 1803, $1.50; 1805, $3; 1846, $1. 
 
 Silver Three Cent Pieces. The rarest are: 1851 to 
 1854 inclusive, 15 cts. each ; 1855, 25 cts.; 1856 to 1861, inclu- 
 sive, 15 cts. each ; 1863 to 1872, inclusive, 50 cts. each. 
 
 One Cent Pieces. The rarest are: 1793, with wreath, 
 valued at $2.50; 1793, with chain, $3.50; 1793, with liberty 
 cap, $4; 1799, $25; 1804, $200; 1809, $1. 
 
 Half Cent Pieces. The rarest are: 1793, valued at $1 ; 
 
 1796, $10; 1831, 1836, 1840 to 1849 and 1852, $4. 
 
 APOSTOLIC BULL. 
 
 A Bull is an official letter from the Pope of Rome, written 
 on parchment, in the Latin language and having attached to 
 it a leaden seal impressed with the images of Saint Peter and 
 Saint Paul. It is the form of apostolic rescript generally used 
 in legal matters. There are two other kinds of papal edicts 
 known as the Brief and the Signature. When the Bull grants 
 a favor the leaden seal is attached by means of silken cords: 
 when it directs an execution to be performed, with flax cords. 
 
 LEGAL HOLIDAYS. 
 
 New Year's Day.. Jan. 1. In all States and Territories 
 except Arkansas, Delaware, Georgia, Kentucky, Maine, Mas- 
 sachusetts, New Hampshire, North Carolina, South Carolina 
 and Rhode Island. 
 
 Anniversary of the Battle of New Orleans. Jan. 8. In 
 Louisiana. 
 
 Lincoln's Birthday. Feb. 12. In Louisiana. 
 
 Washington 's Birthday. Feb. 22. In all States and Ter- 
 ritories except Alabama, Arkansas, Florida, Illinois, Iowa, In- 
 diana, Kansas, Maine, Missouri, North Carolina, Ohio, Texas, 
 Oregon and Tennessee.
 
 462 
 
 MISCELLANEOUS. 
 
 Shrove Tuesday. March 1. In Louisiana and cities of 
 Mobile, Montgomery and Selma, Ala. 
 
 A?iniversary of Texan Independence. March 2. In Texas. 
 
 Firemen s Anniversary . March 4. in Louisana. 
 
 Good Friday. April 15. In Florida, Louisana, Minnesota 
 and Pennsylvania. 
 
 Memorial Day. April 26. In Georgia. 
 
 Battle of San Jacinto. April 21. In Texas. 
 
 Decoration Day. May 30. In Colorado, Maine, Vermont, 
 Connecticut, Michigan, New Hampshire, New Jersey, Rhode 
 Island, New York, Pennsylvania and District of Columbia. 
 
 Fourth of July. In all States and Territories. 
 
 General Election Day. Generally on Tuesday after the 
 first Monday in November is a legal holiday in California, 
 Maine, Missouri, New Jersey, New York, Oregon, South Car- 
 olina and Wisconsin. 
 
 Thanksgiving Day. Usually last Thursday in November 
 and Fast days whenever appointed by the President are legal 
 holidays in all the States and Territories. 
 
 Christmas Day. Dec. 25. In all States and Territories. 
 
 VALUE OF FOREIGN MONEY IN GOLD. 
 
 
 Pound Sterling, 
 
 . England, 
 
 $4.84 
 
 Guinea, 
 
 << 
 
 5-05 
 
 Crown, 
 
 tt 
 
 1. 21 
 
 Shilling, 
 
 t< 
 
 .22 
 
 Napoleon, 
 
 . France, .... 
 
 3-84 
 
 Five Francs, 
 
 << 
 
 93 
 
 Franc, 
 
 << 
 
 .18 
 
 Thaler, 
 
 Saxony, 
 
 .68 
 
 Guilder, . 
 
 . Netherlands, . 
 
 .40 
 
 Ducat, . 
 
 Austria, 
 
 2.28 
 
 Florin, 
 
 << 
 
 .48
 
 WEATHER SIGNAL FLAGS 
 
 463 
 
 Doubloon, . 
 
 Spain, 
 
 $15-54 
 
 Real, 
 
 << 
 
 .05 
 
 Five Rubles, 
 
 Russia, 
 
 3-95 
 
 Ruble, 
 
 a 
 
 75 
 
 Franc, . 
 
 Belgium, . 
 
 .18 
 
 Ducat, 
 
 . Bavaria, 
 
 2. 27 
 
 Franc, . 
 
 Switzerland, 
 
 .18 
 
 Crown, 
 
 . Tuscany, 
 
 1.05 
 
 Ten Thalers, 
 
 Germany, . 
 
 790 
 
 Ten 'Mark, 
 
 < 
 
 2.38 
 
 Krone, (crown), . 
 
 << 
 
 664 
 
 Twenty Lire, . 
 
 . Italy, 
 
 3.84 
 
 WEATHER SIGNAL FLAGS OF THE UNITED STATES. 
 
 There are four flags used by the United States Government 
 at Weather Signal Stations to signal the approaching state of 
 the weather. 
 
 No. 1. No. 2. No. 3. No. 4. 
 
 White Flag- Blue Flag. 
 
 Black Triangular White Flag with 
 
 Flag. black square in center. 
 
 P 
 
 Clear or Fair 
 Weather. 
 
 Rain or Snow. 
 
 Temperature 
 Signal. 
 
 Cold Wave. 
 
 No. i is a plain white flag, 6 ft. square, indicating clear or 
 fair weather. No. 2 is a plain blue flag, 6 ft. square, indicating 
 rain or snow. No. 3 is a black triangular flag, 4 ft. at base 
 and 6 ft. long, for temperature. No. 4 is a white flag, 6 ft. 
 square, with a black square center, called the cold wave flag. 
 It indicates the approach of a sudden and considerable fall in 
 temperature and is usually ordered out twenty-four hours or 
 more in advance of the cold wave. It is not displayed unless 
 a temperature of 45 degrees or lower is expected. Nos. 3 and
 
 464 MISCELLANEOUS. 
 
 4 are never put out together. No. 3 is always displayed with 
 either No. 1 or No. 2 or sometimes with both. The flags gen- 
 erally are attached to perpendicular poles and then are to be 
 read downward from the top. When No. 3 is placed over 1 
 or 2 it indicates warmer weather; when below it, it indicates 
 cooler weather. When No. 3 is not displayed the indications 
 are that the temperature will remain unchanged. 
 
 DISPLAYS INTERPRETED. 
 
 No. i, alone, fair weather, stationary temperature. 
 No. 2, alone, rain or snow, stationary temperature. 
 No. 3 above No. i, fair weather, warmer. 
 No. 3 above No. 2, rain or snow, warmer. 
 No. 3 below No. 1, fair weather, colder. 
 No. 3 below No. 2, rain or snow, colder. 
 No. 4 below No. 1 , fair weather, cold wave. 
 No. 3 on top, followed by 1 and 2 in order, warmer, fair 
 weather, followed by rain or snow. 
 
 THE GUILLOTINE. 
 
 Executions of condemned criminals were performed in 
 olden time by cutting the head off with a sword or an axe. 
 The victim's head was generally placed upon a large block of 
 wood and severed from the body by a blow of the axe in the 
 hands of the official headsman. In 1789 Guillotin, a French 
 physician, proposed to the Constituent Assemby to abolish the 
 usual brutal mode of execution and use machinery, although 
 he did not invent the machine. In 1792 Dr. Antoine Louis 
 invented the machine which beheads a person by a single fall 
 of a cutter or blade which is raised to position by a cord and 
 let fall upon the neck of the victim who has been fastened in 
 position. The machine was at first called Louison or Louisette, 
 after its inventor, but a satirical song published in a royalist
 
 SHORT RULES FOR INTEREST. 465 
 
 newspayer of the day used the word Guillotine and this soon 
 superseded the others. 
 
 SHORT RULES FOR INTEREST. 
 
 First, express the entire time in days. 
 
 Second, multiply the principal by the number of days. 
 
 Third, divide this product according to the rate as follows: 
 
 For 3 per cent, by 1 20. 
 
 For 4 per cent, by 90. 
 
 For 5 per cent, by 72. 
 
 For 6 per cent, by 60. 
 
 For 7 per cent, by 51?. 
 
 For 8 per cent, by 45. 
 
 For 9 per cent, by 40. 
 
 For 10 per cent, by 36. 
 
 For 1 2 per cent, by 30. 
 
 As the divisor is fractional in the case of 7 per cent, it is 
 simpler to find the rate at 6 per cent, and increase it by one- 
 sixth of itself. 
 
 Reason of the Rule. The interest of any sum at one per 
 cent, can be obtained for any number of days by multiplying 
 that sum by the days and dividing by 360, pointing off two 
 decimal places for the one per cent. This analysis of the 
 operation would be different but would bring the same result. 
 Take an example: Interest on $20 for 96 days at i#. One 
 per cent, of $20 for one year (360 days) is 20 cents; for one 
 day it is ^ of 20 cents or ,' 8 cent; for 96 days it is 96 times as 
 much as for one day or % = $}i cents. Now, since the figures 
 are not changed by multiplying by 1 per cent., omit that oper- 
 ation. Then as the result is the same whether you multiply 
 by the number of days last or first, perform this multiplication 
 first, dividing by 360 afterwards. This gives the same result, 
 but if the rate were always one it would not matter which op- 
 30
 
 466 MISCELLANEOUS. 
 
 eration were performed first. Now, the interest at 6 per cent, 
 is six times as much as at i per cent. But instead of multi- 
 plying your result by six take a short cut before j-ou get the 
 result and divide your product of dollars and days by 60, in- 
 stead of 360, because you know that dividing the divisor has 
 the same effect upon the quotient as multiplying the dividend 
 by the same number, and 60 is obtained by dividing 360 by 6, 
 the rate. And observe that all those divisors above are ob- 
 tained by dividing 360 by the rate per cent, required, and in 
 this way you can remember the rule. 
 
 So that the rule might be condensed for any rate as fol- 
 lows: Multiply the principal by the time in days. Divide this 
 by the number obtained b3' dividing 360 by the required rate, 
 and point off two decimal places in the quotient more than are 
 already there. 
 
 MASON AND DIXON'S LINE. 
 
 This celebrated line is the southern boundary of Pennsyl* 
 vania, separating it from the States of Maryland and Virginia. 
 It was run, with the exception of about twenty-two miles, by 
 Charles Mason and Jeremiah Dixon, two English surveyors, 
 between Nov. 15, 1763, and December 26, 1767, and separated 
 at that time slave and free territory. John Randolph, of Vir- 
 ginia, was the first to give the line prominence, using the ex- 
 pression frequently in the heated debates that arose in Con- 
 gress on the question of excluding slavery from Missouri. The 
 newspapers of the country caught up the phrase and it gained 
 a celebrity which it still retains, though now, since the aboli- 
 tion of slavery, only a historical reminiscence. 
 
 THE PRESIDENT HOW HE IS CHOSEN. 
 
 The people do not vote directly for President and Vice- 
 President in an election for those officers in the United States. 
 They cast their ballots for certain men, called electors, previ- 
 ously selected at a convention of each party, who at the proper
 
 THE PRESIDENT HOW HE IS CHOSEN. 467 
 
 time cast their vote for President and Vice-President. This 
 body of Electors is called the Electoral College. Each party 
 has an electoral ticket in each State as many electors as the 
 State has members in Congress, Senators and Representatives 
 combined. The names of the electors are printed on each 
 party's ticket. The names of the candidates for President 
 and Vice-President of each party generally stand at the head of 
 the electoral ticket. The candidate of each party for President 
 and Vice-President is selected at a general convention of the 
 party usually four or five months prior to the election. Al- 
 though the names- of the men desired for President and Vice- 
 President stand at the head of the electoral ticket, the people 
 do not in reality vote for them but for the electors whose 
 names follow. The electoral ticket in each State, which re- 
 ceives the highest number of votes of the people, is the one 
 chosen and they are entitled to cast their votes for the candi- 
 date of the party. This popular election takes place on the 
 Tuesday after the second Monday in November every fourth 
 year. The year 1888 was a presidential election year. 
 
 As soon as it is finally and definitely ascertained, according 
 to the laws in each State for such ascertainment, who are 
 chosen electors, the executive officer of the State shall com- 
 municate, under seal of the State, to the Secretary of State of 
 the United States, a certificate of such ascertainment of the 
 electors appointed, stating names of electors and number of 
 votes each received. The executive shall also deliver to the 
 electors of his State on or before the second Monday in Jan- 
 uary the same certificate in triplicate, under the seal of the 
 State. And the electors shall enclose and transmit these cer- 
 tificates to the seat of government in the same way and at the 
 same time as is provided for transmitting by them to the seat 
 of government of the lists of all persons voted for by them as 
 President and Vice-President.
 
 468 MISCELLANEOUS. 
 
 The electors who are chosen will meet in each State at the 
 Capitol on the second Monday in January following the popu- 
 lar election and cast their ballots for President and Vice-Presi- 
 dent. As a matter of law there is nothing to prevent these 
 electors from casting their ballots for whom they please, but 
 as a matter of custom and public trust they always cast their 
 ballots for the previously selected candidates of their party. 
 It is impossible to tell what a breach of faith on the part of an 
 elector would bring about, especially if it changed the result 
 and elected the opposing candidate. The wrath of the out- 
 raged people would be terrible and might result in civil war if 
 an adjustment were not speedily made. 
 
 When the ballots of the electors have been cast certificates 
 of the vote are made out in triplicate. One cop}' is sent to the 
 President of the Senate at Washington by mail. A second 
 cop) ? is sent him by special messenger. A third copy is pre- 
 served and filed with the State archives. The copy sent to 
 Washington by special messenger is the one used by Congress 
 in* counting the vote unless it should be lost, when the other 
 is used. On the second Wednesday in Februar)' the Senate 
 and House of Representatives shall meet at one o'clock in the 
 afternoon in the hall of the House of Representatives in joint 
 session, for the purpose of counting the electoral vote. The 
 President of the Senate is the presiding officer. Two tellers 
 are appointed previously by the Senate and two by the House. 
 
 The President of the Senate opens the returns from the 
 States in alphabetical order, beginning with the letter A, and 
 as each one is opened hands it to the tellers, who read it in the 
 hearing of the two Houses and make a list of the votes as 
 they shall appear from the certificates. When the votes have 
 been thus ascertained and counted, the result of the same is 
 delivered to the President of the Senate "who shall thereupon 
 announce the state of the vote, which announcement shall be
 
 THE UNITED STATES CONGRESS. 469 
 
 deemed a sufficient declaration of the persons, if any, elected 
 President and Vice-President of the United States." The re- 
 sult with a li.t of the votes is entered upon the Journal of the 
 two Houses. 
 
 If it appears upon the counting of the electoral votes tint 
 no candidate has a majority of all the votes cast, which must 
 now be at least 201, as there are 401 votes in the Electoral Col- 
 lege, then the election goes into the House of Representatives 
 and they must select a President from the persons (not exceed- 
 ing three) who have received the most electoral votes for 
 President. If the election of President is thrown into the 
 House, the vote there is by States, each State having one vote. 
 So that the dominant party in the House is not sure of 
 electing their candidate; the party will succeed that controls 
 a majority of the State delegations. 
 
 When the two bodies are assembled to count the vote, the 
 President of the Senate occupies the Speaker's chair; the 
 Speaker of the House sits at his left hand; the Senators in a 
 body upon the right of the presiding officer; the members of 
 the House in the body of the Hall not provided for Senators; 
 the tellers, Secretary of the Senate and Clerk of the House of 
 Representatives at the Clerk's desk ; the other officers of the 
 two Houses in front of the Clerk's desk. 
 
 The joint meeting to count the vote shall not be dissolved 
 until the count of electoral votes shall be completed and de- 
 clared. 
 
 THE UNITED STATES CONGRESS. 
 
 Congress is the law making body of the United States. 
 Congress is composed of two branches, sometimes called the 
 Upper and Lower Houses, but properly the Senate and House 
 of Representatives. 
 
 The Senate. The Senate or Upper House is composed of 
 two members from each State in the Union. It has contained
 
 470 MISCELLANEOUS. 
 
 for a number of years, therefore, 76 members, and will now 
 contain, as soon as the four new States send their Senators, 84 
 members. A Senator's term of office is six years. The mem- 
 bers are arranged into three classes, so that the terms of one- 
 third of the Senators expire every two years. These classes 
 were arranged at the original organization of the Senate and 
 the class into which an)^ Senator fell was determined by lot. 
 Some of the first Senators had two year terms, some four year 
 terms and some six year terms, but all their successors were 
 elected for six years. When a new State is admitted her Sen- 
 ators take their places in the next classes in which there is a 
 vacancy, deciding the long and short term between them by 
 lot. The Vice-President of the United States is the presiding 
 officer of the Senate. He is called the President of the Senate 
 and is addressed "Mr. President." The Senate usually elects 
 a President pro tempore, who acts as President in the absence 
 of the Vice-President of the United States. The Senators are 
 elected by the States which they represent. They are elected 
 usually by the State Legislature, although each State may 
 provide its own method of selecting them within certain 
 limits. The salary of a Senator is $5,000 a year. The salary 
 of the Vice-President of the United States and of the Presi- 
 dent pro tern, of the Senate is $8,000 a 3 r ear. 
 
 House of Representatives. The membership of the House 
 of Representatives depends upon the population of the coun- 
 try. Once every ten years a census is taken and as soon as 
 the exact number of people in the whole country is definitely 
 ascertained Congress fixes a ratio of Representation. This 
 ratio will determine the number of Representatives to which 
 each State is entitled. The ratio now is 133,000, that is, each 
 State is entitled to one Representative for every 133,000 of 
 population. This ratio has been gradually increased since the 
 organization of the government. Every decade it has been found
 
 THE UNITED STATES CONGRESS 471 
 
 necessary to increase the ratio of representation, else the House 
 of Representatives would become so large and unwieldy a body 
 that the business of the government would be obstructed by 
 it rather than facilitated. As soon as it is determined how 
 many Representatives each State is entitled to, then the vState 
 is divided into a corresponding number of districts, called 
 Congressional districts. This dividing into districts is done 
 by the State Legislature. Members of the House of Repre- 
 sentatives are then elected in these districts, one in each dis- 
 trict, by popular vote, for a term of two years. It is not nec- 
 essary for a member of the House to reside in the district 
 from which he is elected, although it is customary for him to 
 do so. He must be a resident of the State. 
 
 The House of Representatives elects its own presiding offi- 
 cer. He is called the Speaker and is addressed " Mr. Speaker." 
 His salary is $8,000 a year. The salary of a member of the 
 House of Representatives is $5,000 a year. Senators and Rep- 
 resentatives are allowed $125 a year for stationary and 20 cents 
 per mile for travel to and from Washington, each annual 
 session. 
 
 Law Making. Laws may originate either in the Senate or 
 House of Representatives, except measures for the appropria- 
 tion of money which must originate in the House of Represen- 
 tatives. The practical work of Congress is largely done by 
 committees. When a measure is introduced it is called a bill. 
 If it originates in the House of Representatives it is called 
 "House Bill," which in writing is generally abbreviated to 
 "H. B." If it originates in the Senate it is called "Senate 
 Bill," written "S. B." Each bill is also numbered and given a 
 title which conveys briefly some import of the scope and in- 
 tent of the bill. There are a great many standing committees 
 for different kinds of work and when a bill is introduced it is 
 always referred to one of these committees the one in whose
 
 472 MISCELLANEOUS. 
 
 field of labor it most naturally falls. The committee, after 
 examining the bill and considering the subject in all its bear- 
 ings, reports back to the House or Senate, as the case may be, 
 with recommendations. Many bills get into the hands of a 
 hostile committee and never see daylight again; they are 
 "pigeon-holed" in the committee room, which means that the 
 committee or the Chairman of the committee who has very 
 large powers in these matters, is not friendly to the measure 
 and will not make any report on it. This practically kills the 
 bill in its infancy. 
 
 Hozv a Bill becomes Law. A bill that has been voted upon 
 in either branch of Congress and received a majority of votes 
 is then signed by the presiding officer and sent to the other 
 branch. Here it goes to a committee the same as when it was 
 first introduced in the other branch. If it comes to a vote in 
 the second branch and receives a majority of the votes it is 
 signed by the presiding officer of that body and sent to the 
 President of the United States. If the President signs it the 
 bill has become a law. If the President keeps it in his posses- 
 sion for ten days, not counting Sundays, and does not sign it, 
 the bill becomes a law. If the President returns it to Con- 
 gress without his signature and accompanied by his objections 
 to the measure, called his veto, then it is again put to vote in 
 Congress and if it receives three-fourths of all the votes cast 
 in each branch it is a law without the President's signature. 
 A bill has a hard road to travel to become a law, but still there 
 are some laws passed. Perhaps not one bill in fifty becomes 
 a law. 
 
 The chances of the death of a bill are very great. It must 
 first run the gauntlet of the committee rooms where it is in 
 danger of being strangled to death. If it fails of a majority 
 in either house it is dead. If the President veto it and it fail 
 of a three-fourth majority in either House it is dead.
 
 THE UNITED STATES SUPREME COURT. 473 
 
 THE UNITED STATES SUPREME COURT. 
 
 The Supreme Court of the United States is composed of 
 one Chief Justice and eight Associate Justices. They are 
 appointed by the President and confirmed by the Senate. The 
 term is for life or during good behavior. The Court at present 
 is composed as follows: 
 
 Chief Justice, Melville W. Fuller, 111. 
 Assoc. " Samuel F. Miller, la. 
 
 Stephen J. Field, Cal. 
 Joseph P. Bradley, N. J. 
 John M. Harlan, Ky. 
 Stanley Mathews, O. 
 " " Horace Gray, Mass. 
 
 Samuel Blatchford, N. Y. 
 " " L. Q. C. Lamar, Miss. 
 
 The Court Reporter is J. C. Bancroft Davis, of New York. 
 The Clerk is J. H. McKenney, D. C. The salary of the Chief 
 Justice is $10,500; of each Associate Justice $10,000; of the 
 Reporter $5,700; of the Clerk $6,000. 
 
 Justice Mathews died March 22, 1889, and his successor 
 has not yet been appointed. 
 
 APPOINTMENTS TO WEST POINT AND NAVAL ACADEMIES. 
 
 The cadets at West Point Military Academy are appointed 
 by the President of the United States upon the recommenda- 
 tion of Representatives in Congress. One cadet is allowed for 
 each congressional district, one for each Territory and ten for 
 the United States at large. Each one must reside in the Dis- 
 trict or Territory from which he is appointed. They must be 
 not under seventeen and not over twenty-two years of age, 
 physically perfect, and well versed in reading, writing and 
 arithmetic, know something of English grammar, descriptive 
 
 BORN. 
 
 WHEN 
 APPOINTED. 
 
 
 1888 
 
 I8l6 
 
 v 1862 
 
 I8l6 
 
 I863 
 
 I8I3 
 
 I87O 
 
 1833 
 
 1877 
 
 1824 
 
 l88l 
 
 1828 
 
 l88l 
 
 I820 
 
 1882 
 
 1825 
 
 I887
 
 474 MISCELLANEOUS. 
 
 geography and United States history. One class graduates 
 every year, and there is an annual appointment, and not oftener, 
 except in case of vacancy through death, resignation or ex- 
 pulsion. 
 
 The Naval Academy has the same number of cadets ap- 
 pointed in the same way, from persons between the ages of 
 fourteen and eighteen years. The physical and educational 
 requirements are about the same. 
 
 NATURALIZATION LAWS OF THE UNITED STATES. 
 
 The law providing for the naturalization of foreigners or 
 aliens as citizens of the United States and providing the con- 
 ditions under which this may be done, will be found in the 
 Revised Statutes of the United States, Sections 2165 to 2174. 
 Following is a brief resume of the law : 
 
 Declaration of Intention. An alien who desires to become 
 a citizen of the United States, must declare upon oath, before 
 a Circuit or District Court of the United States, or a District 
 or Supreme Court of the Territories, or a Court of Record 
 of any of the States having common law jurisdiction, and a 
 seal and clerk, two years at least prior to his admission to 
 citizenship that it is, bona fide, his intention to become a citizen 
 of the United States, and to renounce forever all allegiance 
 and fidelity to any foreign prince or State, and particularly to 
 the one of which he may be at the time a citizen or subject. 
 It is not necessary to make this declaration of intention until 
 the expiration of three years' residence in the United States, 
 although it may be done at any time. 
 
 Conditions of Citizenship. If it shall appear to the satis- 
 faction of the court to which the alien applies for admission 
 that he has resided continuously within the United States for 
 at least five years, and within the State or Territory where 
 such court is at the time held, one year at least; and that dur-
 
 NATURALIZATION LAWS. 475 
 
 ing that time "he has behaved as a man of good moral char- 
 acter, attached to the principles of the Constitution of the 
 United States, and well disposed to the good order and happi- 
 ness of the same," he will be admitted to citizenship. 
 
 The Final Oath. When the application for admission is 
 made, the alien must declare upon oath before some one of 
 the courts above specified "that he will support the Constitu- 
 tion of the United States, and that he absolutely and entirely 
 renounces and abjures all allegiance and fidelity to every 
 foreign prince, potentate, State or sovereignty of which he 
 was before a citizen or subject," which proceedings must be 
 recorded by the clerk of the court. 
 
 Titles of Nobility. If the applicant has borne any heredi- 
 tary title or order of nobility he must expressly renounce it 
 when he makes his application for citizenship in the United 
 States. 
 
 Children of Naturalized Citizens. All the children of nat- 
 uralized parents who were under twenty-one years of age 
 when their parents received their naturalization papers, are 
 considered citizens without the process of naturalization if 
 they reside in the United States. All those over twenty-one 
 when their parents obtain their papers, must be naturalized, 
 although the process may be different from the one described 
 above. See Minors infra. 
 
 Citizens' Children who are Born Abroad. The children of 
 persons who now are or have been citizens of the United 
 States are considered citizens even if they are born in foreign 
 countries, as is sometimes the case when people are traveling 
 or reside temporarily in foreign countries as representatives of 
 the United States. 
 
 Minors. Any alien who has resided in the United States 
 three years next preceding his arriving at the age of twenty- 
 one years, and who has continued to reside therein to the time
 
 476 MISCELLANEOUS. 
 
 he may make application to be admitted a citizen thereof, may, 
 after he arrives at the age of twenty- one years, and after he 
 has resided five years within the United States, including three 
 years of his minority, be admitted a citizen; but he must 
 make a declaration or oath and prove to the satisfaction of 
 the court, that for two years next preceding, it has been his 
 bona fide intention to become a citizen. 
 
 Soldiers. Any alien twenty-one j'ears old, or more, who 
 has been in the armies of the United States and has been 
 honorably discharged therefrom, may become a citizen on his 
 petition, without any previous declaration of intention, pro- 
 vided that he has resided in the United States at least one 
 year previous to his application, and is of good moral char- 
 acter. 
 
 Naturalized Citizens Protected Abroad. " All naturalized 
 citizens of the United States, while in foreign countries, are 
 entitled to and shall receive from this Government, the same 
 protection of persons and property which is accorded to 
 native-born citizens." Section 2000, U. S. Rev. Slat. 
 UNITED STATES POSTAL REGULATIONS. 
 
 All matter transmitted through the mails is divided into 
 four classes and the rate of postage depends upon the class. 
 
 First Class Mail Matter, Letters. The first class includes 
 letters and anything of which the postmaster can not ascertain 
 the contents without destroying the wrapper, or anything un- 
 sealed which may be wholly or partly in writing, except man- 
 uscript for publication accompanied by proof sheets. Rate of 
 postage, two cents for one ounce or fraction thereof and two 
 cents additional for each additional ounce or fraction. On 
 local or drop letters at free delivery offices, two cents ; where 
 no free delivery by carriers, one cent. 
 
 Second Class, Regular Publications. This class includes all 
 newspapers, periodicals, or matter exclusively in print and
 
 POSTAL REGULATIONS. 477 
 
 regularly issued at stated periods from a known office of publi- 
 cation or news agency. Rates of postage, one cent a pound or 
 fraction thereof. Before a publisher or news agent can avail 
 himself of the second class rates of postage he must make ap- 
 plication to the Post Office Department at Washington to have 
 his publication admitted to that class. The Government sup- 
 plies blanks for this purpose and the local Postmaster can 
 usually furnish them. 
 
 Third Class, Miscellaneous Printed Matter. Transient 
 newspapers and periodicals, one cent for each four ounces or 
 fraction thereof. Mailable matter of the third class includes 
 printed books, circulars and other matter wholly in print (not 
 of second class), proof sheets and manuscript accompanying 
 the same, and postage shall be paid at the rate of one cent for 
 each two ounces or fractional part thereof, and shall fully be 
 prepaid by postage stamps affixed to said matter. 
 
 All packages of matter of the third class must be so 
 wrapped or enveloped that their contents may be readily and 
 thoroughly examined by postmasters without destroying the 
 wrappers. 
 
 Fourth Class, Merchandise, Samples, etc. Mailable matter 
 of the fourth class includes all matter not embraced in the 
 first, second or third classes, which is not in its form or nature 
 liable to destroy, deface or otherwise damage the contents of 
 the mail bag or harm the person of any one engaged in the 
 postal service. Rate of postage, one cent an ounce or frac- 
 tion thereof, to be paid by stamps affixed. 
 
 Poisons, explosives, inflamable articles, live animals, in- 
 sects or substances exhaling a bad odor, will not be forwarded. 
 Limit of weight of fourth-class matter (excepting liquids) four 
 pounds. 
 
 POSTAL, CARDS. One cent each for the United States; 
 two cents each for foreign. Anything pasted on or attached 
 to a postal card subjects it to letter postage.
 
 478 MISCELLANEOUS. 
 
 RATES OF POSTAGE TO FOREIGN COUNTRIES. CANADA. 
 
 Letters, per ounce, must be prepaid, . . . 2c. 
 
 Postal cards, each, . . . . . . . ic. 
 
 Newspapers, per 4 oz., ic. 
 
 Samples of merchandise not exceeding 8 oz., . . 10c. 
 
 Registration fee, . . . . . . . 10c. 
 
 The correspondence exchangeable comprises letters (ordi- 
 nary and registered), postal cards, newspapers, pamphlets, 
 magazines, books, maps, plans, engravings, drawings, photo- 
 graphs, lithographs, sheets of music, etc., and patterns and 
 samples of merchandise, including grains and seeds. Any ar- 
 ticle 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 aside from their 
 use as patterns and samples. The weight of each package is 
 limited to 8 ounces, and the postage charge is ten cents per 
 package, prepayment compulsory. They are subject to the 
 regulations of either country to prevent violations of the rev- 
 enue laws; must not be closed against inspection and must be 
 so wrapped and enclosed as to be easily examined. 
 
 MEXICO. 
 
 Letters, newspapers, printed matter and samples are now 
 carried between the United States and Mexico at same rates 
 as in the United States. 
 
 COUNTRIES OF THE UNIVERSAL POSTAL UNION. 
 
 The United States and Canada and the countries in the 
 following list comprise what is known as the Universal Postal 
 Union. The rates of postage from the United States or Can- 
 ada to any one of these countries are as follows :
 
 POSTAL UNION. 
 
 479 
 
 Letters, per 15 grains (y 2 ounce), prepayment optional, . 5c 
 
 Postal cards, each, 2c. 
 
 Newspapers and other printed matter, per 2 oz., . . ic. 
 
 ! Packets not in excess of 10 oz., 5c. 
 Packets in excess of 10 oz., for 
 
 each 2 oz. or fraction thereof, ic. 
 
 ( Packets not in excess of 4 oz., 2c. 
 Samples of merchandise -< Packets in excess of 4 oz., for 
 
 (. each 2 oz. or fraction thereof, ic. 
 
 Registration fee on letters or other articles, . . 10c. 
 All correspondence other than letters must be prepaid, at 
 least, partially. 
 
 COUNTRIES OF THE 
 
 Argentine Republic. 
 
 Austria-Hungary. 
 
 Bahamas. 
 
 Barbadoes. 
 
 Belgium. 
 
 Bermudas. 
 
 Bolivia. 
 
 Brazil. 
 
 British Colonies on West Coast 
 
 Africa. 
 British Colonies in West Indies. 
 British Guiana. 
 British Honduras. 
 British India. 
 Bulgaria. 
 Ceylon. 
 Chili. 
 
 Columbia, U. S. of. 
 Costa Rica. 
 Congo. State of. 
 Denmark. 
 Dominica. 
 Ecuador. 
 Egypt. 
 
 UNIVERSAL POSTAL UNION. 
 
 France, including Algeria, Mon- 
 aco, Tunis, Tangier, Cambodia 
 and Tonquin. 
 
 French Colonies: i. In Asia: 
 French establishments in India, 
 and Cochin, China. 2. In Africa: 
 Senegal and dependencies, Re- 
 union, Madagascar. 3. In Amer- 
 of ica: French Guiana, Gaudaloupe, 
 Martinique, St. Bartholomew, 
 St. Pierre. 4. In Oceanica : New 
 Caledonia, Tahiti, Marquesas 
 Islands, Gambier. 
 
 Germany. 
 
 Great Britain and Ireland. 
 
 Gibralter and Cypress. 
 
 Greece. 
 
 Greenland. 
 
 Guatemala. 
 
 Hayti. 
 
 Hawaii. 
 
 Honduras. 
 
 Hong Kong. 
 
 Italy.
 
 480 
 
 MISCELLANEOUS. 
 
 Iceland. 
 
 Jamaica. 
 
 Japan and Jinsen (Corea). 
 
 Liberia. 
 
 Luxemburg. 
 
 Montenegro. 
 
 Netherlands. 
 
 Netherlands Colonies : i. In 
 Asia : Borneo, Sumatra. Java, 
 Celebes. 2. In Oceanica : New 
 Guinea. 3. In America : Suri- 
 nam, Curacoa, St. Eustatius. 
 
 Newfoundland. 
 
 Nicaraugua. 
 
 Norway. 
 
 Nubia, Soodan. 
 
 Paraguay. 
 
 Patagonia, Eastern part. 
 
 Persia. 
 
 Peru. 
 
 Portugal, including Madeira and 
 the Azores. 
 
 Portuguese Colonies: 1. In 
 Asia. 2. In Africa : Cape Verde, 
 Mozambique. 
 
 Roumania. 
 
 Russia, including Finland. 
 
 Salvador. 
 
 San Marino. 
 
 Servia. 
 
 Siam. 
 
 Spain, including the Canary Is- 
 lands, the Spanish possessions 
 on the North coast of Africa, the 
 Republic of Andorra and tht 
 postal establishments of Spain 
 on the West coast of Morocco. 
 
 Spanish Colonies : 1. In Africa : 
 Fernando Po. 2. In America: 
 Cuba and Porto Rico. 3. In 
 Oceanica: Ladrone and the Caro- 
 line Islands. 4. In Asia: The 
 Phillippine Archipelago. 
 
 Straits Settlements (Singapore, Pe- 
 nang and Mallacca.) 
 
 St. Thomas, W. I. 
 
 Sweden. 
 
 Switzerland. 
 
 Trinidad, W. I. 
 
 Turkey, European and Asiatic. 
 
 Uruguay. 
 
 Venezuela.
 
 THE ARMY. 481 
 
 COUNTRIES NOT OF THE UNIVERSAL POSTAL UNION. 
 
 COUNTRIES. 
 
 Letters per 
 yi ounce. 
 
 Newspapers 
 per 2 ounces. 
 
 5 
 
 * 
 
 12 
 
 2 
 
 15 
 
 4 
 
 5 
 
 2 
 
 23 
 
 6 
 
 15 
 
 3 
 
 15 
 
 4 
 
 12 
 
 2 
 
 12 
 
 2 
 
 15 
 
 4 
 
 12 
 
 2 
 
 15 
 
 4 
 
 21 
 
 5 
 
 12 
 
 2 
 
 Australia, except N. S. Wales, Queensland 
 
 and Victoria, via San Francisco 
 
 Australia, all parts via London and Brindisi. . 
 
 Cape Colony 
 
 China via San Francisco 
 
 Fiji Islands via San Francisco 
 
 Madagascar (except French Stations) 
 
 Morocco (except Spanish possessions) 
 
 Natal 
 
 New South Wales 
 
 New Zealand via London. 
 
 Orange Free State 
 
 Queensland 
 
 St. Helena 
 
 Transvaal ' 
 
 Victoria, Australia 
 
 Registration allowed on letters to Australia and New Zea- 
 land, 10 cents ; on all mail matter to South African colonies 
 and States, 10 cents. 
 
 THE ARMY. 
 
 Officers. The highest office in the army is that of General. 
 Grant became General, then Sherman, then Sheridan, although 
 the act of Congress conferring this distinction upon Sheridan 
 was only passed a few days before his death. There is no 
 General of the U. S. armies at the present time. W. T. Sher- 
 man is on the retired list and the only one living who has 
 been Generpi The next highest office is Lieutenant-General. 
 All who have been General have first of course been Lieuten- 
 ant-General. There is no Lieutenant-General at the present 
 time. 
 31
 
 482 MISCELLANEOUS. 
 
 The next in rank is Major-General. There are three, of 
 whom John M. Schofield is Major-General commanding. The 
 others are Oliver O. Howard and George Crook. 
 
 Next in rank is Brigadier-General. There are now six, 
 viz: Thos. H. Ruger, Nelson A. Miles, Wesley Merritt, David 
 S. Stanley, John Gibbon, John R. Brooke. 
 
 The following are stationed at Washington, D. C, with the 
 rank and pay of Brigadier : Richard C. Drum, Adj. J Gen., 
 Samuel B. Holabird, Quar.-Gen., Wm. B. Rochester, Pay.-Gen., 
 Robert Macfeeley, Commissary-Gen., John Moore, Surg.-Gen., 
 A. W. Greely, Chief Signal Officer, Stephen V. Benet. Chief 
 of Ordnance, Thos. L,. Casey, Chief of Engineers, Roger 
 Jones, Inspector-Gen., D. G. Swaim, Judge-Advocate-Gen. 
 
 Retirement. All officers of the regular army are now re- 
 tired by act of 1882 on full pay at the age of sixty-four. The 
 retirement up to the close of 1895 will be as follows: Paymas- 
 ter-General Rochester, Feb. 15, 1890; Quartermaster-General 
 Holabird, June 16, 1890; Commissary-General Macfeeley, July 
 1, 1890; Surgeon-General Moore, Aug. 16, 1890; Chief of Ord- 
 nance Benet, Jan. 22, 1891; Brigadier-General Gibbon, April 
 20, 1 891; Brigadier-General Stanley, June 1, 1892; Major-Gen- 
 eral Crook, Sept. 8, 1893; Major-General Howard, Nov. 8, 
 1894; Inspector-General Jones, Feb. 25, 1895; Chief of Engi- 
 neers Casey, May 10, 1895; Major-General Schofield, Sept. 29, 
 
 i895- 
 
 The United States is divided into three military divisions 
 and six military departments. The divisions are: 1. The At- 
 lantic. 2. The Missouri. 3. The Pacific. First division in- 
 cludes all States east of the Mississippi river, except Illinois. 
 Third division includes California, Nevada, Arizona, New 
 Mexico, Oregon, Washington, Idaho and Alaska. Second 
 division all the rest of the United States. 
 
 Organization. The army of the United States now con- 
 sists of the following forces, officers and men :
 
 THE NAVY. 483 
 
 OFFICERS. nURIB Ml N 
 
 Ten cavalry regiments, 437 6,842 
 
 Five artillery regiments, 283 2.437 
 
 Twenty-five infantry regiments, 885 10,563 
 
 Engineer battallion, recruiting parties, 
 ordnance department, hospital ser- 
 vice, Indian scouts, West Point, Sig- 
 nal detachment and general service, 583 4707 
 
 Total, 2,188 24,549 
 
 Grand total officers and men, 26,737 
 
 Officers' Pay. General, $13,500; Lieutenant-General , $11,- 
 000; Major-General, $7,500; Brigadier-General, $5,500; Col- 
 onel, $3,500; Lieut.-Colonel, $3,000; Major, $2,500; Captain, 
 mounted, $2,000; Captain, not mounted, $1,800; Regimental 
 Adjutant, $1,800; Regimental, Q. M., $1,800; 1st Lieutenant, 
 mounted, $1,600; 1st Lieutenant, not mounted, $1,500; 2nd 
 Lieutenant, mounted, $1,500; 2nd Lieutenant, not mounted, 
 $1,400; Captain, $1,500. 
 
 NAVY. 
 
 Officers. The highest office in the navy is that of Admiral, 
 at present filled by David D. Porter. Next in rank is Vice- 
 Admiral, Stephen C. Rowan. Next is Rear-Admiral of whom 
 there are seven, Jas. A. Greer, Lewis A. Kimberly, Ralph 
 Chandler, Stephen B. Luce, James H. Gillis, James E. Jouette 
 and Bancroft Gherardi. 
 
 Retirement. Officers of the navy are retired after forty 
 years' service or at age of sixty-two, or from incapacity result- 
 ing from long and faithful service, from wounds, sickness, etc., 
 on three-fourths of sea-pay of the rank held at retirement. 
 
 Pay. The pay of naval officers varies according to the 
 duty they are performing as follows:
 
 4 8 4 
 
 MISCELLANEOUS. 
 
 RANK. 
 
 AT SEA. 
 
 ON SHORE. 
 
 ON LEAVE. 
 
 Admiral, 
 
 $13,000 
 
 $13,000 
 
 $13,000 
 
 Rear Admiral, 
 
 9,000 
 
 8,000 
 
 6,000 
 
 Commodore, 
 
 5,000 
 
 4,000 
 
 3,000 
 
 Captain, 
 
 4.5OO 
 
 3.500 
 
 2,800 
 
 Commander, 
 
 3.500 
 
 3,000 
 
 2,300 
 
 Lieutenant-Corn., 
 
 2,800 
 
 2,400 
 
 2,000 
 
 Lieutenant, 
 
 2,400 
 
 2,000 
 
 I,600 
 
 Master, 
 
 1,800 
 
 I,500 
 
 1,200 
 
 Ensign, 
 
 1,200 
 
 1,000 
 
 8OO 
 
 Midshipman, 
 
 I.OOO 
 
 8OO 
 
 6OO 
 
 Surgeon, \ 
 Paymaster, > 
 Chief Engineer, ) 
 
 2,800 
 
 2,400 
 
 2,000 
 
 Fleet Surgeon, \ 
 Paymaster, > 
 Chief Engineer, ) 
 
 4,400 
 
 4,400 
 
 4,400 
 
 Passed Ass't Surgeon, ") 
 Paymaster, > 
 Chief Engineer, ) 
 
 2,000 
 
 1,800 
 
 1,500 
 
 Assistant Surgeon, *) 
 Paymaster, > 
 Chief Engineer, ) 
 
 1,700 
 
 1,400 
 
 1,000 
 
 Chaplain, 
 
 2,500 
 
 2,000 
 
 1,600 
 
 Professor of Mathematics 
 and Civil Engineer, 
 
 2,400 
 
 2,400 
 
 1,500 
 
 POPULATION OF THE UNITED STATES. 
 
 The first census was taken in 1790 and showed a popula- 
 tion of 3,928,037. The growth of the country as shown by 
 the succeeding censuses has been as follows;
 
 INTEREST LAWS. 485 
 
 PERCENTAGE 
 YEAR. POPULATION. OK 
 
 INCREASE. 
 
 l8 o 5.308,937 33 
 
 1810 7,239,814 36 
 
 1820 9,638,191 33 
 
 1830 12,860,702 33 
 
 1840 17,017,723 32 
 
 1850 23,151,876 36 
 
 i860 31,335,120 35 
 
 1870 38,784,597 23 
 
 1 880 50,152,866 29 
 
 The average rate of increase is 32 per cent. The lowest 
 is 23, for the decade embracing our civil war, when circum- 
 stances were not as inviting to foreigners as at other times. 
 Estimating the increase from 1880 to 1890 at the average rate 
 for the century, 32 per cent., and we will number 66,201,783. 
 Estimating it at the rate for the last decade, 29 per cent., and 
 it gives us 64,697,197. If we fall to the lowest rate ever at- 
 tained, viz: 23 per cent., from i860 to 1870, then we will have 
 61,688,025 people. It is evident that as the nation grows older 
 the rate of increase in population will slowly decline. 
 
 INTEREST LAWS AND STATUTES OF LIMITATIONS. 
 
 The interest laws of the different States of the Union are 
 quite various as to the legal rate and rate allowed if stipulated 
 in contract. As a rule if a higher rate is contracted for than 
 the law permits, only the legal rate can be collected in law. 
 
 The " Statute of Limitations " means the time fixed by 
 statute within which suit must be brought to recover, or exe- 
 cution issued if on a judgment. The following table exhibits 
 the interest laws and limitation on judgments, notes and open 
 accounts:
 
 486 
 
 MISCELLANEOUS. 
 
 Interest Uws. 
 
 STATES AND TERRITORIES. 
 
 Alabama 
 
 Arkansas 
 
 Arizona 
 
 California 
 
 Colorado 
 
 Connecticut 
 
 Dakota 
 
 Delaware 
 
 District of Columbia 
 
 Florida 
 
 Georgia. 
 
 Idaho 
 
 Illinois 
 
 Indiana. 
 
 Iowa 
 
 Kansas 
 
 Kentucky 
 
 Louisiana 
 
 Maine 
 
 Maryland 
 
 Massachusetts. 
 
 Michigan. 
 
 Minnesota 
 
 Mississippi 
 
 Missouri 
 
 Montana 
 
 Nebraska 
 
 Nevada 
 
 New Hampshire 
 
 New Jersey 
 
 New Mexico 
 
 New York 
 
 North Carolina 
 
 Ohio 
 
 Oregon 
 
 Pennsylvania 
 
 Rhode Island 
 
 South Carolina 
 
 Tennessee 
 
 Texas 
 
 Utah 
 
 Vermont 
 
 Virginia 
 
 Washington 
 
 West Virginia , 
 
 Wisconsin. 
 Wyoming .... ... 
 
 Legal 
 Rate. 
 
 Rate 
 
 Allowed 
 
 by 
 Contract. 
 Per Cent. 
 
 10 
 
 Any Rate 
 Any Rate 
 Any Rate 
 
 6* 
 
 Any Rate 
 6 
 10 
 
 Any Rate 
 8 
 18 
 8 
 8 
 10 
 12 
 
 Any Rate 
 
 6 
 
 Any Rate 
 ID 
 10 
 10 
 10 
 Any Rate 
 
 10 
 
 Any Rate 
 
 6 
 
 6 
 
 12 
 
 6t 
 
 10 
 6 
 
 Any Rate 
 
 10 
 
 6 
 
 12 
 
 Any Rate 
 
 6 
 
 8 
 
 Any Rate 
 6* 
 10 
 Any Rate 
 
 Statute 
 
 of 
 
 Limitations. 
 
 Judg- 
 ments. 
 Years. 
 
 7 
 10 
 10 
 
 5 
 15 
 10 
 M 
 IS 
 M 
 
 8 
 10 
 
 7 
 20 
 
 6 
 
 6 
 
 6 
 20 
 20 
 16 
 20 
 10 
 
 5 
 10 
 
 5 
 20 
 10 
 
 10 
 18 
 5 
 6 
 
 to 
 
 6 
 
 10 
 
 20 
 
 5 
 
 Notes. 
 Years. 
 
 Open 
 
 Accounts. 
 
 Years. 
 
 * Usury not recognized, but over 6 per cent, can not be 
 col 1 ected by law whether stipulated or not. f Any rate is al- 
 lowed in New York on call loans of $5,000 or more on col- 
 lateral security.
 
 PREGNANCY. 487 
 
 SIGNS OP PREGNANCY. 
 
 This subject assumes great importance in medical juris- 
 prudence on account of the fact that females from certain mo- 
 tives sometimes conceal and sometimes pretend pregnancy. 
 Concealment may be attempted to avoid disgrace, and to 
 accomplish secretly the destruction of the offspring. Preg- 
 nancy may be pretended or simulated to gratify the wishes of 
 a husband, to defraud the legal successor, to extort money 
 from some one declared to be the father, or to delay execution 
 of the death sentence. There are two sets of indications 
 which may be termed constitutional and local. 
 
 Constitutional Signs. 1. Mental: the woman approaching 
 maternity is despondent, depressed, morose, peevish, irritable, 
 capricious; she has strange tastes and desires and strong and 
 peculiar antipathies. 2. Facial expression: the face becomes 
 emaciated or thin, features sharply drawn, nose sharp, eyes 
 sunken and surrounded by brownish or purplish circles, mouth 
 enlarged and the whole expression languid. The French call 
 this the decomposition of the features. 3. Vitality: there is 
 an abnormal increase in the vital action, a feverish heat pre- 
 vails over the body, stronger in those of sanguine temper- 
 ament, heartburn, pains in the teeth and face, costiveness, ex- 
 cessive flow of saliva and emaciation of parts of the body ex- 
 cept breasts and abdomen. 4. Mammary sympathies: the 
 breasts become enlarged and hardened and a dark colored or 
 purplish circle surrounds the nipple. The circle grows larger 
 as gestation advances, deepens in color, becomes raised and 
 turgid, bearing glandular follicles and is considered of the 
 highest degree of evidence of pregnancy. 5. Stomach: morn- 
 ing sickness or irritability of the stomach early in the day, 
 usually just after rising, generally accompanied by vomiting. 
 6. Menstrual flow: the monthly discharge is usually sup- 
 pressed. This, however, might occur from other causes, as
 
 488 MISCELLANEOUS. 
 
 some disease of the uterus, and again, some women continue 
 the monthly flow during pregnancy, although these are ex- 
 ceptional cases. 
 
 Local or Sensible Signs. i. Uterus: the uterus or womb is 
 rather a cone shaped organ, the base or fundus being up and 
 the apex or os being down. The os is the mouth of the womb 
 or the opening of the neck or cervix of the womb and the part 
 between the cervix and the fundus is called the bod}*. When 
 the new principle is introduced into the uterus and the new 
 life begins to develop there, it causes a determination of blood 
 to the organ which develops it first at the fundus, next in the 
 bod}' and lastly in the cervix. When the uterus is not im- 
 pregnated the os has a firm, hard feeling and well defined lips. 
 After impregnation the os uteri feels soft, tumid, elastic, the 
 orifice feeling circular instead of transverse. As pregnancy 
 advances the cervix is gradually taken up until it becomes 
 finally wholly absorbed in the body of the womb. 2. Umbili- 
 cus: in the natural 'state the umbilicus or navel is depressed. 
 As pregnancy advances the natural depression is crowded out 
 until the place becomes smooth with the surface of the abdo- 
 men and the umbilicus is scarcely perceptible. 3. Abdomen: 
 the abdomen commences perceptibly to enlarge about the end 
 of the third month and increases during the period of gesta- 
 tion. This is not an infallible sign, as the same phenomenon 
 results frequently from disease of the liver, spleen, ovarian 
 tumor or dropsy. 4. Vagina: the vagina from the vulva or 
 external os to the os uteri is of a bluish or violet tint like lees 
 of wine. This is caused by the increased vascularity of the 
 genital organs during conception. But causes other than con- 
 ception may produce the same appearance. 5. Quickening: 
 the mother feels the quickening about the middle of the period 
 of gestation, sometimes a little sooner. But it may be her in- 
 terest to conceal it. There are different ways of ascertaining
 
 PRKGNANCY. 489 
 
 whether the woman is "quick" with child, outside of her own 
 testimony. In advanced stages of pregnancy the foetal move- 
 ment can be observed when the mother is sitting, not at all 
 times, but occasionally, causing the abdomen to jump with a 
 sudden motion. Fcetal movement may sometimes be excited 
 by a sudden application of the hand, cold from having been 
 immersed in cold water, on the bare front of the abdomen. 
 Or the hand may be laid against the side of the uterine en- 
 largement and at the same time press quickly against the op- 
 posite side with the fingers of the other hand. If there is any 
 foetal movement excited it can be felt with the hand it will 
 be a sudden jump and probably only one movement. The 
 most reliable method, however, is the application of the steth- 
 oscope, termed the process of auscultation. This is a tube- 
 shaped instrument, invented for the purpose of examining the 
 lungs and heart. It is of Greek origin, from stethos, the 
 breast, and skopein, to examine. When applied to the chest, 
 the operator with his ear to the other end can distinctly hear 
 the sounds of the heart and lungs and can judge whether there 
 is any unnatural sound. Placed against the abdomen of a 
 woman quick with child, there are two distinct sounds that 
 can be heard. First, the souffle or placental murmur. The 
 placenta is the organ that forms around the foetus, connecting 
 it with the entire inner surface of the uterus and thus with the 
 mother. It is composed principally of vascular tufts on the 
 blood vessels of the umbilical cord. It is the medium of com- 
 munication of the life blood from the mother to the foetus. It 
 might be considered an enlargement of the umbilical cord, 
 completely enveloping the foetus and conveying the blood 
 which it sucks from the mother by its leech-like attachment to 
 the inner walls of the womb, to the foetus through the umbil- 
 ical cord entering at the center of the abdomen. The placenta 
 always comes away after the birth of the child and is com- 
 monly called the "afterbirth."
 
 490 MISCELLANEOUS. 
 
 The placental sound referred to is a low murmuring or 
 cooing sound, accompanied by a slight rushing, but no im- 
 pulse or throb. This sound occurs at the same time with the 
 mother's pulse and may intermit. The second sound that can 
 be distinguished is the pulsation of the foetal heart. This is 
 double and consequently very rapid, running from one hun- 
 dred to one hundred and sixty a minute. These heart pulsa- 
 tions can not be heard until the fifth month is passed and 
 grow more and more distinct as pregnancy advances. Suc- 
 cessful auscultation not only establishes pregnancy but reveals 
 the life of the foetus. 
 
 Legal Aspects. There are two cases which may arise mak- 
 ing it important to ascertain whether a woman is really preg- 
 nant. One is when it is thought she is pretending pregnancy; 
 the other when she is charged with concealing it. The motives 
 that may induce a woman to pretend to be pregnant when she 
 is not are two: First, when a widow feigns herself to be with 
 child in order to produce a supposititious or spurious heir to the 
 estate. In this case the presumptive heir may have a writ de 
 ventre inspiciendo, which means that the sheriff shall have an 
 examination made and the fact determined whether pregnancy 
 exists or not. This inspection is made in England by twelve 
 matrons, in the presence of twelve knights. If the result 
 shows pregnancy she is kept under proper guard until de- 
 livered. If the decision is that she is not pregnant the pre- 
 sumptive heir is admitted to the inheritance. The second 
 motive is when a woman has been sentenced to death for the 
 commission of a crime. A woman quick with child would 
 not be executed while in that condition. When this claim is 
 made a jury of twelve matrons examine her to ascertain the 
 truth, and if their verdict be quick with child execution will be 
 stayed till next term of court, or from term to term until she 
 is either delivered or proves, by the course of nature, not to
 
 PREGNANCY. 49 1 
 
 be with child at all. A verdict simply with child will not be 
 sufficient it must be alive in the womb. But in Scotland all 
 that is necessary to be proved is the fact of pregnancy, no 
 matter whethei the woman is quick with child or not. And 
 the same would be sufficient in most States of this country. 
 New York, however, has a statute for such a case authorizing 
 the sheriff to summon a jury of six physicians, and if they 
 find the woman convict quick with child execution is sus- 
 pended and the finding sent to the Governor of the State. 
 When he finds that she is no longer quick with child he issues 
 his warrant for her execution. 
 
 There is seldom any motive for the concealment of preg- 
 nancy that is not criminal, generally the destroying of the life 
 of the foetus in utero, or of the child immediately upon birth. 
 It is easy to destroy foetal or infant life and hard to furnish 
 proof of the criminal act. Extremely severe laws have been 
 passed in England, and in some of the States of the Union, to 
 facilitate the proof and to punish the act of concealment of 
 pregnancy itself. An early act in England (21 Jac. 1. C. -7) 
 required that any mother of a dead born child, which if born 
 alive would have been illegitimate, who had tried to conceal 
 its birth, should prove by at least one witness that it was born 
 dead, otherwise the presumption should be conclusive that she 
 had murdered it. This cruel law was very much modified in 
 1803 and since then mothers indicted for the murder of bastard 
 children are tried by the ordinary rules of evidence. Penn- 
 sylvania had a law passed in 1781 making the concealment of 
 the death of a bastard child conclusive evidence to convict the 
 mother of its murder. This was repealed in 1790 and further 
 modified in 1794. The punishment usually prescribed in the 
 States for this crime is fine and imprisonment. New York, 
 Massachusetts, Vermont, Connecticut, New Jersey, New- 
 Hampshire, Georgia, Illinois and Michigan have statutes on 
 this subject.
 
 492 MISCELLANEOUS. 
 
 PERIODS OF GESTATION. 
 
 Woman, 10 lunar months, 280 days, or 9 months and 10 
 days; horse and ass, 11 months; camel, 12 months; elephant, 
 2 years; lion, 5 months; buffalo, 12 months; cow, 9 months; 
 sheep, 5 months; reindeer, 8 months; monkey, 7 months; 
 bear, 6 months; hog, 4 months; dog, 9 weeks; cat, 8 weeks; 
 rabbit, 4 weeks; guinea pig, 3 weeks; wolf, 3 months; goose 
 eggs hatch in 30 days; swan, 42 daj^s; hen, 21 days; duck, 30 
 days; pea hen and turkey, 28 days; canaries, 14 days; pigeons, 
 14 days; parrots, 40 days. 
 
 Above periods are average and are subject to considerable 
 variation in individual cases. 
 
 HOUSEHOLD REMEDIES. 
 
 Scarlet Fever. Dr. Henry Pigeon, eminent physician of 
 London, Eng., gives the following account of his method of 
 treatment of Scarlet Fever: "The marvelous success which 
 has attended my treatment of scarlet fever by sulphur induces 
 me to let my medical brethren know of my plan, so that they 
 may be able to apply the same remedy without delay. All 
 cases in which I used it were well marked and the epidermis 
 on the arms in each case came away like the skin of a snake. 
 The following was the exact treatment followed in each case: 
 Thoroughly anoint the patient twice daily with sulphur oint- 
 ment; give five to ten grains of sulphur in a little jam three 
 times a day. Sufficient sulphur was burned, twice daily (on 
 coals on a shovel), to fill the room with the fumes, and of 
 course was thoroughly inhaled b) T the patient. Under this 
 mode of treatment each case improved immediately, and none 
 was over eight days in making a complete recovery, and I 
 firmly believe in each it was prevented from spreading by the 
 treatment adopted. One case was in a large school. Having 
 had a large experience in scarlet fever, I feel some confidence
 
 HOUSEHOLD REMEDIES. 493 
 
 in my own judgment, and I am of the opinion that the very 
 mildest cases I ever saw do not do half so well as bad cases 
 do by the sulphur treatment, and, so far as I can judge, sul- 
 phur is as near a specific for scarlet fever as possible." 
 
 Diphtheria. Mr. John S. Wiles, a surgeon of Thorncombe, 
 Dorset, England, had his attention called to sulphur as a spe- 
 cific for that dread disease, diphtheria, after having lost two 
 cases of a malignant type out of nine or ten he had been called 
 upon to attend. He tried it using milk of sulphur for infants 
 and flowers of sulphur for older children and adults, brought 
 to a creamy consistence with glycerine; dose a teaspoonful 
 or more, according to age, three or four times a day, swallowed 
 slowly and application of the same to the nostrils with a 
 sponge. He did not lose a case by this treatment and suc- 
 ceeded in saving life when the throat was almost blocked. 
 
 Cholera. Cholera is so swift and fatal in its action that its 
 deadly work is generally done before medical aid can be pro- 
 cured. It is of the utmost importance to those who stand in 
 any danger of this dread disease to be prepared to give imme- 
 diate and radical treatment. We give a simple remedy that is 
 procurable by every one and that any intelligent person can 
 use. It was used with great success in Dublin in 1836 and 
 saved thousands of lives. It was used with equal success 
 again in 1848. If used at the right time and in the proper 
 way it will save life 99 cases out of 100. 
 
 Formula: Dissolve 1 ounce of camphor in 6 ounces of spir- 
 its of wine. If there is an epidemic of cholera the best way 
 would be to put this medicine in the hands of a few intelligent 
 persons who would undertake to administer it to their neighbors 
 when the> are seized with the cholera or any of its symptoms. 
 But the following instructions must be followed without devi- 
 ating in the least degree. 
 
 Treatment. Symptoms: Vomiting, purging, sudden weak- 
 ness, coldness, cramps or spasms.
 
 494 MISCELLANEOUS. 
 
 No Whiskey. Do not under any circumstances give any 
 brandy, whiskey or other kinds of spirits. 
 
 Put to Bed. Put the patient to bed at once, covering 
 warmly, but not overloading with bed clothes. 
 
 Camphor, 2 Drops. Without any delay give two drops (no 
 more) of the camphor mixture on a little pounded sugar in a 
 spoonful of cold or iced water. Be sure and use cold water and 
 nothing else. 
 
 In five minutes repeat the dose exactly as at first and in 
 five minutes more give a third dose of two drops in the same 
 way. Now wait ten or fifteen minutes to see whether there is 
 a sense of returning warmth, any indication of perspira- 
 tion, decrease of sickness, cramps, etc. Then, if necessary, 
 give two drops as before and repeat every five minutes until 
 12 or 14 drops have been taken. The patient must not be al- 
 lowed to take anything of any kind whatever except the cold 
 or iced water while the medicine is operating or it will com- 
 pletely destroy its effects. Any other medicine or hot drinks 
 of any kind will neutralize the camphor and its effects will be 
 lost. The object of the camphor is to check vomiting and 
 produce a free, warm and natural perspiration. The use of 
 cold or iced water was recommended by the celebrated and 
 wonderfully successful Dr. Paddock, of London, who always 
 permitted his patients to drink cold or iced water, believing 
 that it has a tendency to promote perspiration and the dis- 
 charge of yellow bile. Now, when perspiration begins and 
 there are signs of returning warmth, do not permit the patient 
 to arise and expose himself to any degree of cold. Do not tor- 
 ment him with baths or steaming or rubbing of any kind. 
 
 Let Him Lie Still. At this juncture he should be per- 
 mitted to lie perfectly still and he will soon fall asleep after 
 perspiration begins. Let him sleep until he wakes when he 
 will be well but very weak and languid and perhaps a little
 
 CHOLERA. 495 
 
 feverish. If feverish, give a small dose, say a teaspoonful, of 
 Gregory's powder. Or rhubarb and magnesia with a little 
 peppermint water to wash it down will be good. But the pa- 
 tient must be kept quiet, taking only a little soup, broth or 
 gruel, for a day or two. 
 
 This is a certain and positive cure for cholera, whenever 
 taken in time and the cure is generally affected before it is 
 possible to get a physician, that is in less than an hour. 
 
 Drunkenness. John Vine Hall, commander of the cele- 
 brated Great Eastern steamship, became so addicted to the use 
 of intoxicating drink that he was entirely unfitted for business 
 and his strongest efforts to reclaim himself proved unavailing 
 as the insidious stimulant had destroyed his will-power. Rec- 
 ognizing his helpless condition and still having the desire to 
 exert his former manly independence, he sought the aid of an 
 eminent physician, who gave him a prescription which he used 
 faithfully for seven months. At the end of this time he was 
 strong and vigorous as ever, the debasing, appetite which had 
 for so many years led him humble captive was entirely gone 
 in other words, he was himself again and had no desire for 
 strong drink. He afterwards published the prescription for 
 the benefit of his suffering fellow mortals who desire to rid 
 themselves of the debasing chains of slavery to strong drink, 
 and by it thousands have since been restored. 
 
 The formula is as follows: 
 
 Sulphate of iron, five grains; magnesia, ten grains; pepper- 
 mint water, eleven drachms; spirit of nutmeg, one drachm. 
 Dose, one tablespoonful twice a day. This is a tonic and sat- 
 isfies the desire for a stimulant and prevents that prostration 
 and physical demoralization that would otherwise follow a 
 sudden breaking off of the use of alcoholic stimulants. It also 
 finally entirely destroys the desire for intoxicants and conse- 
 quently restores a man's independence and manhood.
 
 496 MISCELLANEOUS. 
 
 Small-Pox. It is said that the worst case of small-pox can 
 be cured in three days simply by the use of cream of tartar. 
 One ounce of cream of tartar dissolved in a pint of water, 
 drank at intervals, when cold, has cured thousands, never 
 leaving a mark, never causing blindness and avoiding all 
 tedious lingering. It is simple and safe, and worthy a trial. 
 
 Lockjaw. Lockjaw generally results from a wound in 
 some part of the body, frequently in the foot or some of the 
 extremities. When lockjaw sets, take a little turpentine, warm 
 it, and pour it into the wound, and relief will follow in a 
 minute. Nothing better can be applied to a severe cut or 
 bruise than cold turpentine, it will relieve almost instantly. 
 
 Croup. Turpentine is a sovereign remedy for croup. 
 Saturate a piece of flannel with turpentine and place it on the 
 throat and chest; three or four drops may be taken inwardly 
 on a lump of sugar. Relief will always follow. 
 
 To Remove a Mote from the Eye. Place the fingers upon 
 the lid of the other eye and hold them there lightly, moving 
 about gently. Do not under any circumstances touch the eye 
 in which the mote is lodged. Soon the eye affected will open, 
 the water will flow and the mote will come out and the pain 
 cease. There is no philosophy in this method, but it is won- 
 derfully effective and is worth trying. Sometimes the foreign 
 substance may be metallic, or may have struck the eye with 
 such force as to be slightly imbedded in the ball. In these 
 cases other means would have to be used. A magnet is some- 
 times very useful in drawing out a metallic mote. Hold it 
 close to the open eye. Some recommend drawing the upper 
 lid down over the lower one, thus increasing the flow of tears 
 and brushing the inner surface of the lid with the lashes, often 
 removing the mote. If the mote can be seen, it may gener- 
 ally be removed by another person placing a silk handker- 
 chief over the point of a pencil and gently touching it. Most
 
 MEASURES. 497 
 
 of the pain comes from scratching the ball and irritating it by 
 rubbing the eye with the fingers as soon as the mote lodges in 
 the eye. Do not do this. 
 
 Hemorrhage. Bleeding from the stomach or lungs is gen- 
 erally stopped by small doses of common table salt. Bleeding 
 from the nose is relieved by bathing the face and neck with 
 cold water. 
 
 Insomnia. When sleeplessness is caused by too much 
 blood in the head, apply a wet, cold cloth to the back of the 
 neck. Eating lightly of ordinary food will sometimes relieve 
 the brain by determining the blood to the stomach. 
 
 Common Sore Throat. Chloride of potash is the standard 
 remedy especially when the throat is raw. Dissolve in water 
 and gargle. It can now be had at the drug stores in the form 
 of buttons which dissolve in the mouth. 
 
 TO MEASURE CORN IN THE CRIB. 
 
 Take the inside measure of the crib in feet. Multiply 
 length, breadth and thickness together and divide the product 
 by two. If the corn is sound and dry ears the result will be 
 the number of bushels of shelled corn in the crib because two 
 cubic feet of good ear corn will shell one bushel. 
 
 TO MEASURE HAY IN THE MOW. 
 
 Allow 512 cubic feet of hay for a ton, if the hay is prop- 
 erly cured and carefully stored. The rule then is plain : Take 
 the product of the length, breadth and depth of the mow in 
 feet and divide by 512. 
 
 TO MEASURE GRAIN, APPLES, POTATOES, ETC., IN A BIN. 
 
 Take the inside dimensions in feet and multiply them to- 
 gether, as above. Four-fiths of this product will be the num- 
 ber of bushels near enough for practical purposes. Multiply 
 by 4 and divide by 5. 
 32
 
 49 MISCELLANEOUS. 
 
 DEED TO A FARM WHAT IT INCLUDES. 
 
 When a person sells a farm and makes a deed he conveys 
 to the purchaser title in the land and everything upon it whose 
 use, nature or attachment make it a part of the realty. Every- 
 thing personal is retained and may be removed. This is the 
 real test in all the cases, a few of which are appended. The 
 deed includes all fences standing, also all fencing material 
 such as posts, rails, etc., which had been once used in a fence 
 but taken down and piled up for future use in the same place. 
 New fencing material, just bought and never used, is personal 
 and would not pass. Hop poles once used and piled up or 
 stored to be used again go with the land, but loose boards laid 
 across the beams of a barn and never fastened to it do not, 
 and the seller may remove them. Standing trees and trees 
 cut or blown down and left lying where they fell go with the 
 land, but if cut and corded up for sale they do not the wood 
 has become personal property. 
 
 Manure in the barnyard or in the compost heap ready for 
 use goes with the land in the absence of any special agreement 
 to the contrary, though it might not if the owner had previ- 
 ously sold it to some other party and had collected it together 
 in a heap by itself, as this would be a technical severance from 
 the soil, converting it into personal property. A lessee can 
 not remove the manure made on the farm while he is in occu- 
 pation. 
 
 Growing crops pass with the farm unless expressly re- 
 served. If it is not intended to convey the crops it should be 
 so stated in the deed, an oral agreement not being sufficient. 
 It is sometimes stipulated that possession is to be given at 
 some future day by which time the crops, manures, etc., may 
 be removed. 
 
 Buildings go with the land without naming them in the
 
 THE GULF STREAM. 499 
 
 deed, also lumber and timber of any old building which has 
 been torn down or blown down and stored away for future 
 use. 
 
 The real test in all these instances and in all others that 
 may arise, is whether the thing in question is personal or real. 
 If real it goes with the land; if personal the seller may re- 
 move it. An intelligent application of this rule will bring the 
 correct solution to all cases and obviate much trouble and 
 sometimes litigation. The same rule and strictness of con- 
 struction applies between an executor and an heir at law as 
 between a vendor and vendee. 
 
 THE GULF STREAM. 
 
 The Gulf Stream is one of the wonders of the physical 
 world. Every school boy knows of its existence, the neigh- 
 borhood of its origin, its direction, velocity, temperature, color, 
 relation to navigation, effects upon climate and vegetation on 
 coasts it touches and other features, but as to the actual cause, 
 the initial force that gives it momentum, all must profess ig- 
 norance. The learned writers have only offered theories upon 
 this important question. A very interesting investigation of 
 this matter was recently made by Mr. W. S. Howard, who was 
 for three years attached to the United States coast survey steamer 
 Blake which for three months was anchored at the source of 
 the Gulf Stream, in the Carribean Sea, and spent two years in 
 tracing up and fixing the source of this wonderful marine river. 
 His remarks upon this subject, which we give below, while 
 not disclosing positively the true cause of the stream, set at 
 rest some old theories and give us the most reliable 
 information that has ever been obtained on that subject. 
 Mr. Howard says: "We spent two years in tracing up the 
 Gulf stream and studying its peculiarities, and, while we are 
 still in the dark as to the primary cause of this great ocean 
 river, we have definitely fixed upon the spot where it orig-
 
 500 MISCELLANEOUS. 
 
 inates. Formerly it was believed that the Gulf stream was 
 simply the continuation of the Mississippi river, the immense 
 volume of water flowing out of which cleaved its waj' through 
 old ocean and preserving its own distinctive characteristics as 
 to temperature and color, finally was lost and assimilated by 
 the waters of the frozen northern seas. Others held to the 
 opinion that the Gulf stream was formed and controlled by the 
 trade winds. 
 
 "Our observations and investigations furnished us with 
 conclusive proof that neither of these elements has anything 
 to do with it. One curious fact was established, however. 
 We found that the moon affected the Gulf stream and that the 
 current was controlled absolutely and arbitrarily by that body. 
 
 "The true source or beginning of the Gulf stream, estab- 
 lished by careful scientific observation, extending over a period 
 of two years, is at a point between Fowey Rocks, Fla., and the 
 Gun Cay, on the coast of the Bahamas. At this place, in 498 
 fathoms of water (a fathom is 6 feet), we anchored and for 
 months devoted ourselves to a careful study of the great 
 ocean river. 
 
 "Let me tell you something about the peculiarities that we 
 noticed. To begin with, the current of the Gulf stream at the 
 point where we were anchored and which we unanimously 
 agreed upon as its true source, varies daily in velocity. The 
 difference in the flow was at times as much as two and a half 
 knots per hour (a knot is 6086.7 feet). The greatest velocity 
 noted was generally about nine hours before the upper transit 
 of the moon. The variations were most excessive on the east- 
 ern side of the straits and least on the western side. The 
 average daily currents vary during the month, the strongest 
 current coming a day or two after the greatest declination of 
 the moon. 
 
 "The axis or true point of beginning of the Gulf stream
 
 THE GULF STREAM. 501 
 
 (determined by fixing the position of the strongest surface 
 flow) is eleven and a half miles east of the Fowey Rocks light- 
 house. The strongest surface current found here was five and 
 a quarter knots per hour, the least, one and three-quarter 
 knots and the average, three and six-tenths knots. We used 
 two meters in our observation, one for the surface current and 
 one for the sub-surface stream. The wind has no effect upon 
 the velocity of the stream and does not change the axis of the 
 current. The surface current, it was noticed, has a much 
 higher velocity than the sub-surface. During our observations 
 we occupied twenty-six different stations, being anchored at 
 each for several days at a time. We took 1,557 current ob- 
 servations with the meter and 1,807 current observations with 
 the pole during this time. 
 
 "We were all satisfied that neither the Mississippi river 
 nor the trade winds were in any way responsible for the Gulf 
 stream ; that it was affected by the changes of the moon ; and 
 that this particular point, 1 1 ^4 miles east of Fowey Rocks 
 lighthouse, was its true axis or source. 
 
 "The probable first cause still affords a great field for spec- 
 ulation. Just imagine, if you can, what would have been the 
 result if we could have donned submarine armor and dived to 
 the bottom in 498 fathoms of* water. We made soundings, but 
 they revealed to us nothing. The bottom was a sandy coral 
 foundation ; fish and other submarine creatures lived and dis- 
 ported themselves in the depths and all the time that surging, 
 resistless current boiled about us, defying inquiry as to its 
 true origin. 
 
 "It might be, for aught any one could say to the contrary, 
 the mouth of a great river, with its source deep down in the 
 bowels of the earth, among those everlasting fires that scien- 
 tists tell us are continually burning there. The superheated 
 water gushing to the surface of the ocean at that depth with a
 
 502 MISCELLANEOUS. 
 
 power that can not be estimated would be apt to displace the 
 chilled and heavier water of the ocean, and with an initial ve- 
 locity of nearly six miles an hour, would certainly clear for 
 itself a pathway through the ocean until chilled and rendered 
 inert by the frozen waters of the Arctic seas. 
 
 "Again, it may be that we were anchored over an immense 
 and ever active volcano, which, in no way crippled by the con- 
 stant influx of the cold ocean water into its yawning crater, 
 continually, with a power that human thought can not meas- 
 ure, hurls back the heated waves, and this repulsion, going on 
 day after day and year after year for a period of time that has 
 not yet been fixed by observation or deduction, has increased 
 the volume of the at first puny geyser until now it has become 
 a fixed and well founded current, differing in color and tem- 
 perature from the water that surrounds it, and with a sweep 
 and stretch that extends over thousands of miles. You can 
 theorize all day over the matter and perhaps be as far from 
 the truth as ever. The observations made by the Blake settled 
 several disputed points: 
 
 "First That the winds and the Mississippi river have 
 nothing to do with the formation of the Gulf stream. 
 
 Secondly That a point eleven and a half miles east of 
 Fowey Rocks lighthouse, Florida, in the Carribean sea, is its 
 true axis or source. 
 
 Thirdly That the velocity of the current is controlled by 
 the declination of the moon." 
 
 ORIGIN OF THE NAMES OF THE MONTHS. 
 
 January. The Roman or Latin deity, Janus, was the god 
 of the sun and the year. The month of January was named 
 for him. He was always represented in Roman statuary with 
 two faces, looking in opposite directions. The Temple of 
 Janus, at Rome, was never closed except in time of universal 
 peace.
 
 ORIGIN OF THE NAMES OF THE MONTH. 503 
 
 February. This month was introduced into the Roman 
 calendar by Numa. The name undoubtedly comes from the 
 great feast of expiation or purification held every year on the 
 fifteenth of this month and called Februa, from februum, in 
 the Sabine language a purgative, hence the plural februa, 
 the festival of purification and from this Februarius, the Latin 
 name of the month which we call February. 
 
 March. From Mars, the Roman god of war. 
 
 April. Latin Aprilis, contracted from Aperilis, which 
 comes from aperire, to open. The month in which the earth 
 opens for a new fruitage; buds burst and flowers come forth 
 in April. 
 
 May. The goddess Mam was the daughter of Atlas. She 
 was the mother of Mercury by Jupiter. The Greek Maia 
 means properly mother. The fifth month of the year is 
 named after this goddess. 
 
 June. Latin Junius, from Juno, because the month was 
 sacred to this goddess. Juno was the sister and wife of Jupi- 
 ter. She was the goddess who presided over marriages and 
 was supposed to protect married women. 
 
 July. Latin Julius. Julius Caesar was born in this month 
 which was then called Quintilis, the fifth month, March being 
 the first according to the old Roman calendar. The name of 
 the month was changed to Julius, Caesar's surname, at the 
 suggestian of Antony. From Julius we get July. 
 
 August. Latin Augustus. The Emperor O. Augustus 
 Caesar won a number of victories and also entered into his 
 first consulate in the month Sextilis, meaning sixth, counting 
 from March. He changed the name himself to Augustus, his 
 own surname, and we call it August. 
 
 September. From Latin septem, meaning seven. The 
 seventh month in the old Roman calendar, counting from 
 March.
 
 504 MISCELLANEOUS. 
 
 October. From L,atin octo, eight 
 
 November. From Latin novem, nine. 
 
 December. From L,atin decern, ten. The last four months 
 retain their names in the old Roman calendar according to 
 their number, counting from March, which makes them seem 
 the seventh, eighth, ninth and tenth months, whereas in our 
 calendar, beginning at January, two months earlier, they are 
 the ninth, tenth, eleventh and twelfth. 
 
 RELIGION IN CARDS. 
 
 A private soldier by the name of Richard Roe was taken 
 before the mayor for playing cards during divine service. It 
 appears that a sergeant commanded the soldiers at the church, 
 and when the parson had read the prayers, he took the text. 
 Those who had a Bible took it out, but this soldier had neither 
 Bible nor common prayer book, but pulling out a pack of cards 
 he spread them before him. He just looked at one card and 
 then at another. The sergeant of the company saw him, and 
 said, "Dick, put up the cards; this is no place for them." 
 
 "Never mind that," said Richard. 
 
 When the service was over, the constable took Richard 
 before the mayor. 
 
 "Well," says the mayor, "what have you brought the 
 soldier here for?" 
 
 "For playing cards in church." 
 
 "Well, soldier, what have you to say for yourself?" 
 
 "Much, sir, I hope." 
 
 "Very good. If not, I will punish you more than man 
 was ever punished." 
 
 "I have been," said the soldier, "about six weeks on the 
 march. I have neither Bible nor common prayer book. I 
 have nothing but a pack of cards, and I'll satisfy your worship 
 of the purity of my intentions." And, spreading the cards 
 before the mayor, he began with the ace: "When I see the
 
 RELIGION IN CARDS. 505 
 
 ace, it reminds me there is but one God. When I see the 
 deuce, it reminds me of Father and Son. When I see the trey, 
 it reminds me of the Father, Son and Holy Ghost. When I 
 see the four spot, it reminds me of the four Evangelists that 
 preached, Matthew, Mark, Luke and John. When I meet the 
 five, it reminds me of the five wise virgins that trimmed their 
 lamps there were ten, but five were wise and five were foolish 
 and were shut out. When I see the six, it reminds me that in 
 six days the Lord made heaven and earth. When I see the 
 seven, it reminds me that on the seventh day he rested from the 
 great work he had created, and hallowed it. When I see the 
 eight, it reminds me of the eight righteous persons that were 
 saved when God destroyed the world, viz : Noah and his wife, 
 with three sons and their wives. When I see the nine, it re- 
 minds me of the nine lepers that were cleansed by our Saviour, 
 there were nine out of ten who never returned thanks. When 
 I see the ten, it reminds me of the ten commandments which 
 God handed down to Moses on tables of stone. When I see the 
 King, it reminds me of the King of heaven, which is God 
 Almighty. When I see the Queen, it reminds me of the Queen 
 of Sheba, who visited Solomon, for she was as wise a woman 
 as he was a man. She brought with her fifty boys and fifty 
 girls, all dressed in boys' apparel, for King Solomon to tell 
 which were boys and which were girls. King Solomon sent 
 for water for them to wash ; the girls washed to the elbows 
 and the boys to the wrists, so King Solomon told by that." 
 
 "Well," said the mayor, "you have given a good desciption 
 of all the cards but one." 
 
 "What is that?" 
 
 "The knave," said the mayor. 
 
 " I will give your honor a description of that, too, if you 
 will not be angry?" 
 
 "I will not," said the mayor, "if you do not term me to be 
 the knave."
 
 506 miscellaneous. 
 
 "Well," said the soldier, "the greatest knave that I know of 
 is the constable that brought me here." 
 
 "I do not know," said the mayor, "if he is the greatest 
 knave but I know he is the greatest fool." 
 
 "When I count the spots in a pack of cards, calling the 
 picture cards eleven, twelve and thirteen, I find there are, with 
 the joker, three hundred and sixty-five, the number of days in 
 a year. If I count the cards in a pack I find fifty-two, the 
 number of weeks in a year. There are four suits, the number 
 of weeks in a month and thirteen tricks, the weeks in a quar- 
 ter. So you see, Mr. Mayor, a pack of cards serves for a 
 Bible, a prayer book and an almanac." 
 
 "You are dismissed," said the mayor.
 
 INDeX. 
 
 PAGE. 
 
 Abettors 9 
 
 Abortion, attempt to procure 13 
 
 Adultery 36 
 
 Agents '. . 391 
 
 extent of authority, 394 ; liability of, 395 ; revocation of au- 
 thority, 397 ; misconduct of, 397. 
 
 Aiders 9 
 
 Aiding an escape 30 
 
 Apostolic Bull 461 
 
 Army, the ... 476 
 
 Arrests, who may make 53 
 
 when any one may 63 
 
 Arson 20 
 
 Assault and battery 16 
 
 Assault with intent to kill 16 
 
 Assignments. 407 
 
 form of, 408 ; deed for creditors, form of, 409. 
 
 Betting on an election 32 
 
 Bigamy 35 
 
 Bills of exchange 388 
 
 Blackmailing 18 
 
 Bonds 390 
 
 form of 391 
 
 Bribery 29, 38 
 
 Brooklyn Bridge 450 
 
 Burglary 21 
 
 Business, law of. 283 
 
 Carrying concealed weapons 26 
 
 Child stealing 17 
 
 Cholera 493 
 
 Congress of U. S 469 
 
 507
 
 508 INDEX. 
 
 PAGE. 
 
 Contracts ,65 
 
 consideration, 367; parties to, 369; what must be in writing, 
 370 ; implied, 374 ; construction of, 375 ; lex loci of, 376 ; de- 
 livery under, 379 ; warranty under, 381. 
 
 Counterfeiting 44> ^4 
 
 Nat. Banknotes, 164; U. S. notes, 181 ; Canadian notes, 200; 
 postage stamps, 46- gold or silver coin, 196; silver certifi- 
 cates, 192. 
 
 Counterfeit coin, to detect 198 
 
 Crime, law of 5 
 
 Croup 49 6 
 
 Cruelty to animals 32 
 
 Customs, regulations of U. S 455 
 
 Days of Grace 386 
 
 Deeds. 
 
 339 
 
 form of warranty, 340; short form. 342; trust, form of, 343; 
 
 State laws on, 358 ; to a farm, what it includes, 498. 
 
 Delivery 37a 
 
 Detective work 206 
 
 Diphtheria 493 
 
 Divorce 
 
 439 
 
 State laws upon 440 
 
 Dower 338 
 
 form of release of . . . 342 
 
 Drunkenness . 495 
 
 Dueling 26 
 
 Embezzlement. 22 
 
 Emblements 336 
 
 Extortion 30 
 
 Extradition. International 113 
 
 treaty, the basis of, 116; citizens and foreigners, 116; convicts, 
 121; extraditable crimes, 117; evidence, 118; from the U. S., 
 156; to the U. S., 157; U. S. laws upon, 155; English act on, 
 160; treaties existing: Austria. 126; Baden. 126; Bavaria, 124; 
 Belgium, 144; Bremen, 124; Dominican Republic, 129; Ecua- 
 dor. 137; France. 122; Great Britain, 121; Hanover, 125; Ha- 
 waiian Islands, 123; Hayti, 129; Italy, 130; Japan, 153; 
 Luxemburg, 150; Mechlenburg-Schwerein. 125; Mechlen- 
 burg-Sterlitz, 125; Mexico, 127; Netherlands, 142; Nicarau-
 
 INDEX. 509 
 
 PAGE. 
 
 gua, 132; North German Confederation, 155; Norway and 
 Sweden, 126; Oldenburg, 125; Orange Free State, 136; Otto- 
 man Empire, 138; Peru, 134; Prussia and other States, 123; 
 Salvador Republic, 131; Schaumburg-Lippe, 125; Sicilies, 
 two, 125; Spain, 140 and 14H ; Swiss Confederation, 123 ; Ven- 
 ezuela, 127; Wurtemburg, 124. 
 
 Extradition, Inter-State 68 
 
 upon indictment, 71 ; upon complaint, 75 ; forms for, 77 to 82 ; 
 cases and decisions, 83 to 90; extraditable crimes, 90; as to 
 misdemeanors, 92 to 96 ; flight from justice, 96; agents' pow- 
 ers, 100. 
 
 False pretenses 40 
 
 Fee simple 336 
 
 Felony ! 7 
 
 effect of conviction of, 8; pardon from, 8; compounding, 30. 
 
 Finding, law of 459 
 
 Foreign money, value in U. S. gold coin 462 
 
 Forgery 40 
 
 Fornication 36 
 
 Frauds 40 
 
 Gambling 32 
 
 Game laws 33 
 
 Gestation, periods of 492 
 
 Gil- -ing coin 46 
 
 Grave robbing .- 
 
 Guillotine, the ,g 
 
 Gulf Stream, the 400 
 
 Habeas corpus 7^ 10 ^ 
 
 jurisdiction in tn $ 
 
 Hemorrhage ^oj 
 
 Horse stealing 24 
 
 Household remedies 492 
 
 Imprisonment 9 
 
 Incest ^ 
 
 Insomnia 497 
 
 Installment sales, form of lease for 384 
 
 Interest, short rules for 465 
 
 State laws on 485 
 
 Kidnaping 17
 
 510 INDEX. 
 
 PAGE. 
 
 Larceny. 23 
 
 Leases 343 
 
 form of, 348 ; notice to quit, 350 ; form of for articles sold on 
 installments, 384. 
 
 Legal holidays 461 
 
 Legal terms, meaning of 283 
 
 Lex loci 376 
 
 Libel 17 
 
 Liens 41 1 
 
 State laws on mechanics', 411 ; form of mechanics', 417. 
 
 Life estate 336 
 
 Lockjaw 496 
 
 Loudon 453 
 
 Lottery .' 32 
 
 Malice 11 
 
 Malicious destruction of property 24 
 
 Manslaughter 12 
 
 Marriage 419 
 
 elements constituting, 425; consequences of invalid, 430; 
 civil effects of invalid, 431 ; who may take advantage of in- 
 valid, 432 ;. void and voidable, 425; presumption of, 434; ob- 
 ject of, 439; consummation of, 439; State laws upon, 445. 
 
 Mason and Dixon's line 466 
 
 Mathews', Judge, charge 54 
 
 Measure, to 
 
 corn in the crib, 497; grain, apples, etc., in the bin, 497; hay 
 
 in the mow, 497- 
 
 Miscegenation ...... 33 
 
 Misdemeanor 7 
 
 Mortgaged personal property, removing 22 
 
 Mortgages 35 1 
 
 defeasance clause, form of, 352; form of note. 354. 
 
 Mote in the eye, to remove 1 49 6 
 
 Murder T T 
 
 Mutilating coin 46 
 
 Names of the months, oripin of the 5 2 
 
 Naturalization laws of TJ. S 474 
 
 Naval Academy of U. S 473 
 
 Navy, the 483
 
 INDEX. - 511 
 
 PAGE. 
 
 North Pole 452 
 
 Notes 385 
 
 Nuisance 31 
 
 Obscene literature 37 
 
 Oshkosh case 215 
 
 Partnership 401 
 
 limited 406 
 
 Perjury 28 
 
 subornation of 28 
 
 Personating another falsely 29 
 
 Points of law 459 
 
 Population of U. S 484 
 
 Postal regulations . . 476 
 
 rates to foreign countries, 478; Universal postal union, 478. 
 
 Power of attorney, form of 399 
 
 Pregnancy, signs of 487 
 
 Premeditation 11 
 
 President of the U. S., how heis chosen 466 
 
 President's salary 454 
 
 Prize fighting 26 
 
 Rape 14 
 
 Rare coins, their value 460 
 
 Real property 334 
 
 Religion in cards 504 
 
 Requisition (See Extradition. ) 
 
 Riot. 
 
 27 
 
 Robbery 15 
 
 Royalty, cost of . . . 454 
 
 Sale 377 
 
 form of bill of. 381 
 
 Scarlet fever . 492 
 
 Seduction 36 
 
 Seven wonders of the world 452 
 
 Shooting with intent to kill 16 
 
 Slander 18 
 
 Small pox 496 
 
 Sore throat 497 
 
 Standard time 456 
 
 Statute of frauds 370
 
 512 INDEX. 
 
 PAGE. 
 
 Statutes of limitations 485 
 
 Stoppage in transitu 380 
 
 Supreme Court of U. S 473 
 
 Swindling games and tricks 254 
 
 banco, 256; beehive or haphazzard, 276; book game, 275; 
 candy boxes, 274; confidence game, 270; flimflam, 277 ; ring 
 dropping, 281 ; ringing the change, 282 ; saw-dust racket, 261 ; 
 shell workers, 269; snide auction, 280; soap racket, 281 ; strap 
 game, 276 . three card monte, 268. 
 
 Tenant at sufferance 337 
 
 Tramps 33 
 
 Treason 10 
 
 misprision of. 10 
 
 Vagrants 33 
 
 Warrant, peace 49 
 
 search, 51 ; affidavit to support, 64 ; form of, 65. 
 
 Warranty 381 
 
 Waste 337 
 
 Weather signal flags 463 
 
 West Point Military Academy 473 
 
 Wills 354 
 
 how to make. 355; witnesses to, 356; canceling, 356; con- 
 struction of, 357 ; form of, 357 ; State laws on, 358.
 
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