iiVJ^^ UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY THE READY LAWYER; OR The Business Men's, Farmers', Mechanics', Miners' AND Settlers' EXPLAINING: How Statutory Laws are made, and how they are ptit into practice ; and containing a conciBe- Manual of Parliamentary Rules, with Rules for forming Corporations, Associations and Civic Societies; Forms of Complaints under Codes, in all ordinary actions at law; De- murrers, Answers, etc. ; Criminal Complaints ; all classes of Mechanics' and other Liens, and a full line of Legal, Commercial and Business Forms, Notarial and Justice's Forms, Book-keeping, etc. ; also Petitions, in- cluding Petitions for Letters Testamentary, and of Administra- tion, etc. ; Wills, Codicils, Legal Weights, Measures and Values; and Laws, Forms and Explanations re- specting all matters pertaining to the ordi- nary business of life — ALSO— The Public Land, Mining, Patent and Copyright Laws of the United States, with full Directions for obtaining Title to anything the United States can give Title to, or the Exclusive Right of whether by Grantor Patent, including Mining Claims, Desert, Coal, Saline, Stone and Timber Lands; and Pension Laws, with all necessary Forms and Explanations for securing Title to the same — ALSO — The Location of the Public Land-Offices, etc. ; the Mining and Water Laws, and Laws of all the States and Territories exempting property from execution; Homestead and Insolvent Laws, and Laws Limiting Civil Actions ; Statutes of Frauds, the Laws Regulating Interest ; General Laws Relating to Partnerships ; Rights and Liabilities of Com- mon Carriers; Laws Relating to Husband and Wife, imder Codes, etc., etc.; together with the Declaration of American Independence. THE AMENDED CONSTITUTION OF THE UNITED STATES OF AMERICA. By HON. H. A. GASTON, Author of"T?ie Little Laioyer?'' Formerly a JTember of the Legislature of California, and late Speaker of the Assembly of the State of Nevada. IsTIB^W ITOK-IK: .A-IsTZD OmCA-Q-Or FAIRBANKS, PALMER & CO. San Jose, California: H. A. Gaston. Atlanta, Georgia: R. M. Powers. 1883. ■' Copyright fcy H. A. Gaston. 1883. T DEDICATION. To all People of the United States of America who desire fundamental and practical information in the current branches of the Business of Life, with practical legal and business forms for use in pursuing the same, this book is most respect- fully DEDICATED, bj THE AUTHOR AND COMPILER. "Ignorance everywhere, clothes itself in rags and lives in hovels, but when man's nature is opened by education, his desires clamor at the gateway of every nerve and sense for gratification. The awakened soul has wants as well as the body. Its desires take the wings of the light, and fly to the uttermost parts of the earth for satisfaction. They change the rude hut into the neat cottage, and fill it with objects which satisfy the wants of the soul as well as the wants of the body. Enter the homes of educated labor in this land, and, taking an inventory of the articles therein which minister to taste and culture; contrast the result with what is found, the world over, in the hovels of ignorance. Some idea will thus be obtained of the industrial power of general intelli- gence. The elevation of a people in intelligence and a ste, in- creases their demands for the products of human industry and skill, and at the same time it intensifies human effort and multiplies and varies the forms of industry. Wealth is the child of edu- cation." The money value of a knowledge of the law and the business forms, by which we obtain title to and hold the property we pos sess, can hardly be over-estimated. ' ' Knowledge is power " and to know how to do things right, is great gain. 6708^.9 PREFACE. The Ready Lawyer is intended to be a thoroughly practical work. The great success of the "Little Lawyer," of which nine editions were sold within eighteen months after its first publication, though applicable to the Pacific Coast only (it has now gone through eleven editions), induced the author of the work to prepare another, more complete and extensive., for the benefit of all classes of busi- ness men, merchants, mechanics, miners, farmers, settlers on pub- lic lands, etc., in all parts of the United States and Territories; and to provide them with such practical legal information, and legal and business forms, as men in all branches of business in ordinary life, have frequent occasion to refer to and use, at a cost much less than is often charged by persons for furnishing and filling out a single one of the many hundred forms whicli are given in this book. The laws presented in the work are now in full force, and are not likely to be materially changed for many years; while the forms accompanying the laws are of the latest approved character. This being a popular work, and intended for the benefit of the general public, as well as for the convenience of attorneys, the author has generally avoided reference to authorities, because such reference often tends to confuse, rather than instruct, the popular mind, lie has, however, given the plain section and letter of the law, wherever it has been practicable so to do, with tried and apjjroved forms, in strict conformity with the laws, many of the forms liaving been ])ro])ared in ofticial departments of the Gov- ernment. Of the intrinsic value of the work, and of its intended, practical usefnlness to the general public, too much cannot be said in its commendation; for ahnost any one, of its many hundred legal and business fornix, when required for use, will often prove of greater vuhie than the cost of the entire work; while at the PREFACE. same time, The Ready Lawyer, if referred to, will promptly and correctly answer most questions which may arise in all ordinary lines of business; for it has been prepared with great care, is com- prehensive in its scope, and intended to be complete in its details. The Constitution of the United States as published in this work, has been compared with the original, in the Department of State at Washington, and includes all the amendments of that great instrument up to this time; and is incorporated in this book, because all American citizens should have ready and frequent access to that noble and supreme law, which constitutes us the people of one nation, wherever we may reside within the United States, or under our national flag. No apology is necessary for incorporating in a popular work like this, the Declaration of Independence, because that matchless instrument gave birth to our nation; and not only every man and woman, but every boy and girl, in all our broad and beautiful domain, should become familiar with its strong inspiration, its purity of diction, and its clearness of expression. This work is not expected, nor intended, to make lawyers of those who may possess it; but rather, as above suggested, to provide all classes named in its title page with the laws upon the subjects treated of, as they are now in force, and to provide all who may possess the book, with carefully prepared directions, and practical, convenient, and useful forms, for use when desired, in any ordinary line of business. The United States mining, water and land laws, as well as the State and Territorial mining and water laws, are given in full in the work, with every section, instruction, form to be used, and question to be answered, by the applicant for a patent, in order to secure an inchoate, or perfected title to any land, mining claim, invention, pension, or production of any kind or nature. The American, French and English systems of legal weights and measures, which are legalized in the United States, and terms often used in connection therewith, will be found in a remarkable degree of completeness in this work, and will doubtless prove of great convenience and usefulness to almost all classes. • PREFACE. The suggestions to young advocates, the author hopes will be taken by those young gentlemen, including the clergymen, in the same kind spirit which prompted their making, and that they will profit by the suggestions. One great object, which has been constantly had in view in pre- paring this work, has been, to furnish all who may possess it, with the largest possible amount of practical legal information, and the greatest number of practical, legal and business forms, in the smallest possible space, consistent with correctness, and clear- ness of type; and in the plainest and most concise language. The projector of this work, acknowledges his indebtedness to the various departments at Washington, and also to that most useful and excellent work entitled "Gaskell's Compendium," for much late and very useful material, and abstracts incorporated in the work. To most persons who become possessed of it, The Ready Lawyer will doubtless prove to be very many times over the value of its cost, and that it may result in great benefit to all who examine it thoroughly, is the hope and the belief of the Author and Compiler. THE READY LAWYER. TABLE OF CONTENTS. CHAPTER I.— Introduction, 1-3 ; Declaration of Independence, 3-7. CHAPTER II. — Constitution of United States, 8-25 ; Presidents of United States, 25-34. CHAPTER III.*— How statutory laws are made, 35^2; Forming Societies, etc., 42-47. CHAPTER IV.— United States Mining Laws and Regulations, 48-86 ; Acts of 1866, 1870, 87-89; Decision, 90. CHAPTER v.— Mining Forms under Act of 1872, 91-106; Other Mining Forms, 106-111. CHAPTER VI.— State and Territorial Mining Laws, 112-151 CHAPTER VII.— Coal Land Laws and Regulations, 152-161 CHAPTER VIII.— Condensed Instructions of Public Land Commissioner, 161- 169 ; Public Lands, 170-210 ; Registers and Receivers, 170-172 ; Pre-emptions, 172-179; Homesteads on Public Land, 179-185; Town Sites, 185-190; Crimes, 191; Act Relating to Homesteads and Pre-emptions, 191,192; Timber Cult- ure, 193-195 ; Desert Lands, 195 ; Saline, 196 ; Additional Town-site Act, 197- 199 ; Timber Land in Certain States and Territories, 199-201 ; Indians, 201 ; Land Scrip, 202; Additional Homestead Rights, 203-206; Additional Pre- emption Rights, 207; Additional Timber Culture Act, 206; Act Relieving Trespassers, 207; Re-payment to Settlers, 208-210; Public Land Forms, 210- 233 ; United States Land-Offices, 233-234. CHAPTER IX.— Military Bounty Land Laws and Forms, 235-241; Railroad Land Laws, 242-245 ; Texas and Other State Lands, 245. CHAPTER X.— Action at Law Exemplified, Forms, etc., 246-259. CHAPTER XI.— Corporations, Co-partnerships, etc., 260-270. CHAPTER XII.— Complaints, Coroner's Verdicts, etc., 271-299 ; Demurrers, 300. CHAPTER XIII.— Forms of Liens, 304-314; Deeds and Mortgages, 314-326; Leases, 32G-332. CHAPTER XIV.— Commercial and Business Laws and Forms, 333-361 ; Affida- vits, 352 ; Petitions, 353-355 ; Right of Way, 355 ; Bills of Exchange, Laws and Forms, 355-359; Tender, 359; General Rules Relating to Contracts, 360- 361. CHAPTER XV.— Patent Rights, Office Rules and Forms, 362-407 ; Specification, 366; Oath, 368; Model, 372; Caveat, 382; Assignments, 384; Fees, 385; Forms, 387-407 ; Law of Trade Marks, 407; Prints and Labels, 409; Copy, rights, 410-412. Viii CONTENTS. CHAPTER XVI.— Book-keeping, 413-418; Legal Weights and Measures, 418- 433; Postal Rates and Regulations, 433-443. CHAPTER XVII.—NaturalizatioQ, 444-447 ; Wills, 447-450; Civil and Crimi- nal Forms, 450-489; Hotel Keepers, 489; Marriage, Bonds, Petitions and Assignments, 491-510. CHAPTER XVIII.— Pension Laws, 511-533; Bounty, Synopsis, 533. CHAPTER XIX.— Common Carriers, 535-541 ; Liability of Minors, 543. CHAPTER XX.— Definitions, Forms and Abstracts, 543-5G5 ; Power of Attor- ney, 543; Bond, 513; Assignments, 544-546; Dower, 547-549; Husband and Wife, 549-551 ; Married Women in States, 553-563 ; Mortgages, 563-565. CHAPTER XXI —Abstracts of all State Laws Relating to Wills, Insolvency and Assignments, 566-581 ; Petitions in Insolvency, 581-586; Bond in, 586. CHAPTER XXII. — Exemptions from Attachment and Execution in all States and Territories, and Canada, etc., 588-630; General Rule and Form of Ac- knowledgment, 630; Limitation of Actions, 633; Interest in States, etc., 633. CHAPTER XXIII.— Deeds, Mortgages, Liens, and Rights of Married Women in all Territories of the United States, 625-633. CHAPTER XXIV.— Fraudulent Conveyances, Contracts, Agency, etc., 634. CHAPTER XXV.— Laws of Temperance and Intemperance Illustrated, 638- 643; Suggestions to Young Advocates, and all persons, 642-657. THE READY LAWYER. CHAPTER I. Introduction. Justinian, the Roman law-giver, in defining the highest duty of man to man, said, *' The perfection'of Imman duty is : To do good to all men; to injure none; and to render to every man his just dues." Confucius, the Chinese philosopher, and the grandest man of liis age, who lived about eight hundred years before the Chris- tian era, expressed kindred sentiments, in a different form, when he laid down as a guide for his followers the following negative rule: "Whatsoever ye would 7iot that others should do unto you, that do ye not unto them." But it was left to a young Jew, whose pure life, character, and teachings have won for him the name "Divine Law-giver" among all Christian people, and who was the original of the Christian religion, to give affirmative expression to this noblest law of human action, in a form now called by all men : The Golden Rule. " Whatsoever ye would that others should do unto you, do ye even so unto them," which might be rendered in the language of the present day : "Do to others, and think of others, as you wish them to do to, and to think of, you." If all men made the Golden Rule the guide of their action through life, there would be but slight need for human laws ; but the human race, coming up as it has from the depths of animal life and barbarism to its present planes of civilization and enlighten- 1 2 INTKODUCTION, rnent, must be taken as it is found, and not as it ouglit to be; and, taken as it is, laws and forms of law are found necessary among men, for the protection and guidance of the good and well dis- posed, and for the control and punishment of the vicious and those who are disposed to evil. In the early history of the human race ,laws were few and crude, because the race then consisted of families, and small communities or tribes only, the members of \diich yielded willing allegiance to the patriarch of the family, the head of the community, or the chief of the tribe, and cheerfully adopted the will of their leader as the rule of their action; but as those families, communities and tribes increased in numbers, and their interests conflicted, or blended, the abler and stronger minds among them felt the neces- sity of regulating public human action by fixed laws, rather than by the fluctuating whims of a single individual of the race, and thus unite the people who spoke one language, under one common and stable government; and thus constitutute the people into a nation. As the people increased in numbers and intelligence, their interests became diversified, and laws, and forms of law, conforming to the changed condition and interests of the people became neces- sary; and thus, from the earliest history of the human family, and thence along down the centuries of the ages past, as the human in- tellect has developed, knowledge increased, and the wants and interests of men have presented new phases, new laws have been needed, demanded, and adopted, conforming to man's changed condition, and to his intellectual progress until the present day, when the world sees, in the example of the most enlightened nations of the earth, the most liberal, comprehensive and elevating laws which have ever graced the world's historical page; and it is worthy of special note, that the nation which has the freest, most liberal and beneficent laws is pre-eminent for its progress and enlightenment among all the nations of the earth. But many laws which are in force at the present day, in some form, have been in existence so long that their very origin in past ages is unknown, and, in the quaint language of a former age, "the memory of man runneth not to the contrary;" yet all along down the course of the centuries past, their utility has been recog- nized, and they have been treasured and cherished by all good men as correct guides for human action. Many of these laws, some- times under new guises, have been gathered together in the form of decisions of the highest courts, and are preserved among the THE DECLARATION OF INDEPENDENCE. 3 customs of the people, and recognized as the common law of the land; and to them all good citizens yield a cheerful obedience, and are everreadj' to maintain them and aid in their enforcement. Such shonld ever be the pleasurable duty of a citizen under a liberai and free G-overnment like ours; while to sustain every good and equitable statute law, and to demand the repeal of every unjust and oppressive one, is and should be the unswerving will and duty of every American citizen. The most notable and grand example of leading minds among the people who have broken loose from the despotic whims and chimeras of the tyrant who had governed them, and who, by their patriotism and determined will and action, seized upon and estab- lislied, and gave to their compatriots and. to their succeeding generations, a Government of fixed and free principles, in place of the capricious will of an individual, is seen in the immortal decla- ration of facts and principles presented to the world by the founders of our own free Government, and in the Constitution which our fathers adopted as the fundamental rule of action of a free people, and which, with a few exceptions, has been recognized by all good men for more than a century past, as the most noble and elevated declaration of the right of the human race to oppose and effectually resist oppression and tyranny, and the most perfect Constitution for the government of great numbers of thinking and free people, which have exer been produced by the most perfect of human in- tellects. These magnificent and world-renowned productions should be treasured and studied by every American, man and woman, boy and girl, in the nation, and they are presented first among these chapters, because they are, and should be considered, first among the declaration of principles, and first among the laws, governing all Americans. THE DECLARATION OF INDEPENDENCE. A Dedarainon by the Representatives of the United States of America, in Congress assembled, July 4:th, 1776. When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume, among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of man- 4 THE DECLAEATION OF INDEPENDENCE. kind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal ; that they are endowed by their Creator with certain unal- ienable rights; that among these are life, liberty and the pursuit of happiness. That, to secure these rights, governments are insti- tuted among men, deriving their just powers from the consent of the governed ; that, whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute a new government, laying its founda- tion on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long established, should not be changed for light and transient causes ; and, accord- ingly, all experience hath shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But, when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute des- potism, it is their right, it is'their duty, to throw off such govern, raent, and to provide new guards for their future security. Such has been the patient sufierance of these colonies, and such is now the necessity which constrains them to alter their former systems of government. The history of the present king of Great Britain is a history of repeated injuries and usurpations, all having, in direct object, the establishment of an absolute tyranny over these etates. To prove this, let facts be submitted to a candid world: — Pie has refused his assent to laws the most wholesome and neces- sary for the public good. He has forbidden his governors to pass laws of immediate and pressing importance, unless suspended in their operation till his assent should be obtained; and, when so suspended, he has utterly neglected to attend to them. He has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of representation in the Legislature ; a right inestimable to them, and formidable to tyrants only. He has called together legislative bodies at places unusual, un- conrfortablc, and distant from the depository of their public rec- ords, for the sole purpose of fatiguing them in^o compliance with his measures. THE DECLARATION OF INDEPENDENCEi 5 He has dissolved representative houses repeatedly, for opposing, with manly firmness, his invasions on the rights of the people. He has refused, for a long time after such dissolutions, to cause others to be elected ; whereby the legislative powers, incapable of annihilation, have returned to the people at large for their exer- cise; the State remaining, in the meantime, exposed to all the danger of invasion from without, and convulsions within. He has endeavored to prevent the population of these States; for that purpose, obstructing the laws for naturalization of foreigners; refusing to pass others to encourage their migration hither, and raising the conditions of new appropriations of lands. He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers. He has made judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their salaries. He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their sub- ' stance. He has kept among us, in times of peace, standing armies, with- out the consent of our Legislature. He has affected to render the military, independent of, and su- perior to, the civil power. He has combined, with others, to subject us to a jurisdiction foreign to our Constitution, and unacknowleged by our laws; giv- ing his assent to their acts of pretended legislation; For quartering large bodies of armed troops among us: For protecting them, by a mock trial, from punishment, for any murders which they should commit on the inhabitants of these States : For cutting off our trade with all parts of the world: For imposing taxes on us without our consent: For depri\'ing us, in many cases, of the benefits of trial by jury: For transporting us beyond seas, to be tried for pretended of- fenses: For abolishing the free system of English laws in a neighboring province, establishing therein an arbitrary government, and en- larging its boundaries, so as to render it at once an example and fit instrument for introducing the same absolute rule into these colonies: For taking away our charters, abolishing our most valuable laws* and altering, fundamentally, the powers of our governments: b THE DECLAEATION OF INDEPENDENCE. For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever. He has abdicated government here, by declaring us out of his protection, and waging war against us. He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people. He is, at this time, transporting large armies of foreign merce- naries to complete the works of death, desolation and tyranny, already begun, with circumstances of cruelty and perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation. He has constrained our fellow-citizens, taken captive on the high seas, to bear arms against their country, to become the execu- tioners of their friends and brethren, or to fall themselves by their hands. He has excited domestic insurrections amongst us, and has en- deavored to bring on the inhabitants of our frontiers, the merciless Indian savages, whose known rule of warfare is an undistinguished destruction, of all ages, sexes, and conditions. In every stage of these oppressions, we have petitioned for re- dress, in the most humble terms; our repeated petitions have been answered only by repeated injury. A prince, whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people. Nor have we been wanting in attention to our British brethren. We have warned them, from time to time, of attempts made by their Legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them, by the ties of our com- mon kindred, to disavow these usurpations, which would inevita- bly interrupt our connections and correspondence. They, too, have been deaf to the voice of justice and consanguinity. We must, therefore, acquiesce in the necessity, which denounces our separation, and hold them, as we hold the rest of mankind, en- emies in war, in peace, friends. We, therefore, the representatives of the United States of Amer- ica, in general Congress assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name, and by the authority of the good people of these colonies, solemnly publish and declare, that these United Colonies are, and THE DECLARATION OF INDEPENDENCE. 7 of right ought to be, free and independent States; that they are absolved from all allegiance to the British crown, and that all po- litical connection between them and the state of Great Britain is, and ought to be, totally dissolved; and that, as free and independ- ent States, they have full power to levy war, conclude peace, con- tract alliances, establish commerce, and to do all other acts and things which independent States may of right do. And, for the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other, our lives, our fortunes, and our sacred honor. The foregoing declaration was, by order of Congress, engrossed, and signed by the following members : JOHN HANCOCK. New Hampshire. Josiah Bartlelt, WiUiam Whipple, Matthew Thornton. Massachusetts Bay. Samuel Adams, John Adams, Robert Treat Paine, Elbridge Gerry. Rhode Island. Stephen Hopkins, William Ellery. Connecticut. Roger Sherman, Samuel Huntington, William Williams, Oliver Wolcott- New York. William Floyd, Philip Livingston, Francis Lewis, Lewis Morris. New Jersey. Richard Stockton, John Witherspoon, Francis Hopkinson, John Hart, Abraham Clark. Pennsylvania. Robert MoiTis, Benjamin Rush, Benjamin Franklin, John Morton, George Clymer, James Smith, George Taylor, James V/ilson, George Ross. Delaware. CfEsar Rodney, George Read, Thomas M'Kean. Maryland. Samuel Chase, William Paca, Thomas Stone, Charles Carroll, of Carroll- ton. Virginia. George Wythe, Richard Henry Lee, Thomas Jelferson, Benjamin Harrison, Thomas Nelson, Jun., Francis Lightfoot Lee, Carter Braxton. NortTi Carolina. William Hooper, Joseph Hewes, John Penn. South Carolina. Edward Rutlege, Thomas Heyward, Jun., Thomas Lynch, Jun., Arthur Middleton. .Georgia. Button Gwinnett, Lyman Hall. George Walton. CHAPTER II- The Constitution of any State is the supreme law of such State; and is supposed to be the embodiment of the wisdom, the desires and the supreme will, of the good people of such State; and all persons within the State are bound in law, and in good conscience, to maintain its provisions; while all of its officers^ acting by virtue of the authority of such State, are sworn to do so. It is believed by the wisest men, that a strict construction and enforcement of the provisions of such Constitution, under all circumstances, and at all times, will result in the complete protection of the people who have adopted such Constitution, from all great public wrongs, and from the encroachment of tyranny and oppression ; and tliae if wrongs can be, or are, perpetrated under the Constitution, the people will so amend it as to prohibit the accomplishment, or continuance, of any public wrongs by their servants, or ofScers, under it. The Constitution of any State bears a like relation to the people of such State, as the Constitution of the United States bears to the people of the entire section, which, with its amend- ments, is as follows: THE CONSTITUTION OF THE UNITED STATES WITH THE AMENDMENTS. [compared -with the original in the department of state, and found to be cokkect.] We the People of the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constituiion for the United States of America. ARTICLE I. Section 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. (8) COFSTITUTION OF THE UNITED STATES. 3 Section 2. The House of Representatives shall be composed of Members chosen every second Year by the People of the sev- eral States, and the Electors in each State shall have the Qualifi- cations requisite for Electors of the most numerous Branch of the State Legislature. No Person shall be a Representative who shall not have attained to the Age of twenty-five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabi- tant of that State in which he shall be chosen. Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. - The actual Enumeration shall be made within three Years after the first Meeting of the Congress of tlie United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten. North Carolina five. South Caro- lina five, and Georgia three. When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. The House of Representatives shall chuse their Speaker and other Ofiicers; and shall have the sole Power of Impeachment. Section 3. The Senate of the United States shall be com- posed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resigna- 10 CONSTITUTION OF THE UNITED STATES. tion, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies. No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Lihabitant of that State for which he shall be chosen. The Vice President of the United States shall be President of the Senate, but shall have no Yote, unless they be equally divided. The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States. The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirma- tion. When the President of the United States is tried, the Chiet Justice shall preside: And no Person shall be convicted withouf the Concurrence of two thirds of the Members present. Judgment in Cases of Impeachment, shall not extend further than to removal from Office, and disqualification to hold and en- joy any Office of honor, Trust or Profit under the United States; but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law, Section 4. The Times, Places and Manner of holding Elec- tions for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except .as to the Places of chusing Senators. The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a difierent Day. Section 5. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide. Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member. CONSTITUTION OF THE UNITED STATES. 11 Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and jSTays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal. Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sittino-. Section 6. The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privi- leged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in aii}^ other Place. No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Author- ity of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. Section 7. All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other " House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the I'resident within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in Like Manner as if he had signed it, unless 12 CONSTITUTION OF THE UNITED STATES. the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law. Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Efiect, shall be approved by him, or bein^ disapproved by him, shall be re- passed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill. Section 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; To borrow Money on the credit of the United States; To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes ; To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; To coin Money, regulate the Yalue thereof, and of foreign Coin, and fix the Standard of Weights and Measures; To provide fur the Punishment of counterfeiting the Securities and current Coin of the United States; To establish Post Ofiices and post Roads; To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; To constitute Tribunals inferior to the Supreme Court; To define and punish Piracies and Felonies committed on the liigh Seas, and offences against the Law of Nations; To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use sluill be for a longer Term than two Years; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, CONSTITUTION OF THE UNITED STATES. 13 and for governing such Part of thetn as may be employed in the Service of the United Statss, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authoi'ity over all Places purchased by the Consent of the Legislat- ure of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock- Yards, and other needful Build- ings; — And To make all Laws which shall be necessary and proper for carry- ing into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. Section 9. Tlie Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on snch Importation, not exceeding ten dollars for each Person. The Privilege of the Writ of Habeas Corpus shall not be sus- pended, unless when in Cases of Rebellion or Invasion the public Safety may require it. No Bill of Attainder or ex post facto Law shall be passed. No Capitation, or other direct. Tax shall be laid, unless in Pro- portion to the Census or Enumeration herein before directed to be taken. No Tax or Duty shall be laid on Articles exported from any State^ No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another. No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law ; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time. No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Eraolu- 14 CONSTITUTION OF THE UNITED STATES. ment, Office, or Title, of any kind whatever, from any King, Prince, or foreii^n State. Section 10. No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal ; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, oi- Law impairing the Obligation of Contracts, or grant any Title of Nobility. No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing its inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controulof the Congress. No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually inv^aded, or in such imminent Danger as will not admit of delay. ARTICLE 11. Section 1. The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an In- habitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all CONSTITCTION OF THE TNITED STATES. 15" theCertificates, and the Yotes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number bea Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Yotes, then the House of Kepresentatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Yotes shall be taken by States, the Kepresentation from each State having one Yote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be neces- sary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Yotes of the Electors shall be the Yice President. But if there should remain two or more who have equal Yotes, the Senate shall chuse from them by Ballot the Yice President. The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Yotes; which Day shall be the same throughout the United States. No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States. In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Yice Presi- dent, and the Congress may by Law provide for the Case of Re- moval, Death, Resignation, or Inability, both of the President and Yice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be re- moved, or a President shall be elected. The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: — " I do solemnly swear (or affirm) 16 CONSTITUTION OF THE UNITED STATES. that I will faithfully execute the OflBce of President of the United States, and will to the best of inv Ability, preserve, protect and defend the Constitution of the United States." Section 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States ; he may require the Opinion, in writini^, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such infe- rior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Com- missions which shall expire at the End of their next Session. Section 3. He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expe- dient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the time of Adjournment, lie may adjourn them to such Time as he shall think proper; he shall receive Ambassa- dors and other public Ministers; he shall take Care that the Laws be faithfully executed; and shall Commission all the Officers of the United States. Section 4. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeach- ment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. ARTICLE III. Section 1. The judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the OONSTITL'TION OF THE UNITED STATES. 17 Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Service, a Compensation, which shall not be diminished during their Continuance in Office. Section 2. Tlie judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties -made, or which shall be made, under their Authority; — to all Cases affecting Ambassadors, other public Minis- ters and Consuls; — to all Cases of admiralty and maritime Juris- diction; — to Controversies to which the United States shall be a Party; — to Controversies between two or more States; — between a State and Citizens of another State; — between Citizens of differ- ent States; — between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citi- zens thereof, and foreign States, Citizens or Subjects. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed. Section 3. Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. N"o Person shall be convicted of Treason unless the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted. ARTICLE IV Section 1. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the 2 18 CONSTITUTION OF THE UNITED STATES. Manner in which such Acts, Records and Proceedings shall be proved, and the Eflect thereof. Section 2. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. A Person charged in anj State with Treason, Felony, or other Crime, who siiall flee from Justice, and be found in another State, shall on Deamnd of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Juris- diction of the Crime. No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour ma}^ be due. Section 3. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. The Congress shall have Power to dispose of and make all need- ful Rules and Regulations respecting the Territory or other Property belonging ta th"e United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State. Section 4, The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislat- ure, or of the Executive (when the Legislature cannot be convened) against domestic Violence. ARTICLE Y. The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which CONSTITUTIOX OF THE UNITED STATES.' 19 may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suftrage in the Senate. ARTICLE YI. All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation. This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Ofiicers, both of the United. States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. ARTICLE VII. The Ratification of the Conventions of nine States, shall be suffi- cient for the Establishment of this Constitution between the States so ratifying the Same. Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth In Witness whereof We have hereunto subscribed our G": WASHINGTON— Presidt. and deputy from Yirginia New Hampshwe i J?«^ Langdon ) ^ . I Nicholas Gilman ) Massachusetts \ ^athaniel Gorham ( RuFus King Connecticut i S"'"' ^t^'^' J'^^^^^^ * I Rogek Sherman Pensylvania 20 CONSTirUTION OF THE UNITED STATES. New York Alexander Hamilton f Wil: Livingston ,_ . I David Bbearley New Jersey ^ y^^^ Paterson [Jona: Dayton B Franklin, Thomas Mifflin Robt. Morris Geo. Clymer Thos. Fitzsimons Jared Ingersoll James Wilson ^ Gouv Morris TGeo: Read I Gunning Bedford Jun Delaware A John Dickinson I Richard Bassett (^ Jaco: Broom {James McHenry Dan of St. Thos. Jenifer Danl. Carroll „. . . ( John Blair — y'^g^i^'^<^ I James Madison Jr. {Wm. Blount RiCHD. DoBBs Spaight Hu Williamson . J. Rutledge Charles Cotesworth Pinckney Charles Pinckney Pierce Butler. ^ . { William Few (^<^orgta -j ^^^^ Baldwin *Attest WILLIAM JACKS0:N^ Secretary The Word, "the," being interlined between the seventh and eight Lines of the first Page, The Word " Thirty " being partly written on an Erazure in the fifteenth Line of the first Page, The Words "is tried " being interlined between the thirty-second and thirty-third Lines of the first Page and the Word " the " being interlined between the forty-third and forty-fourth Lines of the second Page. *The capitalization and the quaint ortho.craphy of the original copy of the Constitution, as it was inritten 100 years ago, have been retained in the foregoing. Let other hands than mine change a letter of the sacred document. South Carolina. CONSTITUTIOX OF THE UNITED STATES.' 21 [Note BY the Department of State. — The foregoing explanation in the original instrument is placed on the left of the paragraph beginning with the words, *'Done in Convention," and therefore precedes the signatures. The interlined and re-written words, mentioned in it, are in this edition printed in their proper places in the text.] ARTICLES IN ADDITION TO, AND AMENDMENT OF THE CONSTITUTION OF THE UNITED STATES OF AMERICA, PROPOSED BY CONGRESS, AND RATIFIED BY THE LBGISLATURES OF THE SEVERAL STATES, PURSUANT TO THE FIFTH ARTICLE OF THE ORIGINAL CONSTITUTION. , ARTICLE I. Congress shall make no law respecting an ' establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. ARTICLE II. A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. ARTICLE III. No soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. ARTICLE IV. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. ARTICLE Y. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a G-rand Jury, except in cases arising in the land or naval forces, or in the 2Z CONSTITUTION OF THE UNITED STATES. Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any Criminal Case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. ARTICLE VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation ; to be confronted with the witnesses against him; to have compulsory process for obtaining Witnesses in his favor, and to have the Assistance of Counsel for his defence. ARTICLE VII. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the com- mon law. ARTICLE VIII. Excessive bail shall not be required, nor excessive lines imposed, nor cruel and unusual punishments inflicted. ARTICLE IX. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. ARTICLE X. Tlie powers not delegated to the [Jnited States by the Constitu- tion, nor prohibited by it to the States, are reserved to the States respectively, or to the people. ARTICLE XL The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted CONSTITUTION OF THE UNITED STATES. 23 against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. ARTICLE XII. The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and trans- mit sealed to tlie seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Represen- tatives, open all the certificates and the votes shall then be counted. The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall ciioose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice- President shall act as President, as in ^the case of the death or other constitutional disability of the President. The person hav- ing the greatest number of votes as Vice-President, shall be the Vice President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person eonstitu" tionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. 24 CONSTITUTION OF THE UNITED STATES. ARTICLE XIII. Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place sub- ject to their jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation. ARTICLE XIY. Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immuni- ties of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, exchiding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Yice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. Section 3. No person shall be a Senator or Representative in Congre-^s, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Con- gress, or as an officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any State, to support the Constitution of tlie United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two thirds of each House, remove such disabilitv. PRESIDENTS OF THE UNITED STATES; 25 Section 4. The validity of the public debt of the United States authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obli- gations and claims shall be held illegal and void. Section 5. The Congress shall have power to enforce, by a]>- propriate legislation, the provisions of this article. ARTICLE XV. Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. Section 2. The Congress shall have power to enforce this article by appropriate legislation. Names and Terms of Office of the Presidents of the United States of America. FIRST PRESIDENT. . [Date— 1789.] GENERAL GEORGE WASHINGTON.— [First Term.] General George Washington, "The Father of his Country," was born Feb. 22, 1732, of English lineage, in the British colony of Virginia, and received a common education became a surveyor and then a soldier. He was a Federalist, and was first elected President under Articles of Confederation adopted by the original States, and received sixcy-nine votes, or the unanimous votes of the ten States which had adopted the Articles of Confederation. The States of New York, North Carolina and Rhode Island not being then qualified, did not vote. John Adams, of Massachusetts, became Vice-President under him. Washington died Dec. 14, 1799. He has ever been recognized, iu the words of Henry Lee, as "First in War, first in Peace, and first in the hearts of his countrvmen." 26 PRESIDENTS OF THE UNITED STATES. [Date— 1792.] George Washington. — [Second term.] Gen. George Washington (Federalist), of Virginia, received 132 votes, being the unanimous votes of all the States, which, at the time of his second election, were fifteen in number. John Adams, of Massachusetts, again became Vice-President. During Washington'-s second administration the Federalist party, under the leadership of Alexander Hamilton, and the Republican, afterward called the Democratic party, under the generalship of Thomas Jefferson, were fully organized, and party lines were drawn. SECOND PRESIDENT. [Date— 1796.] JOHN ADAMS (Federalist), of Massachusetts, received sev- enty one votes and became President. Thomas Jefferson (Repub- lican or Democrat), of Virginia, received sixty-eight votes and became Vice-President. Adams was of English descent, and was born in the British colony of Massachusetts Bay in 1735. He had a collegiate edu- cation and was a lawyer by profession. He died on the fourth day of July, 1826. THIRD PRESIDENT. [Date— 1800.] THOMAS JEFFERSON.— [First term.] Thomas Jefferson (Republican or Democrat), of Virginia, received seventy-five votes. John Adams (Federalist), of Massachusetts, received sixty-five votes. At this election a tie occurred between Jefferson and Aaron Burr for President, which, under the law then in force, threw the election into the House of Representatives, where, after balloting from Feb. 11 to 17, on the thirtieth ballot Jefferson was elected President, and Aaron Burr, of New York, became Vice-President. Thomas Jefferson was born in the British colony of Virginia in 1743. JIc was of Welsh descent, had a collegiate education and was a lawyer V)y profession. He was the author of the " Dec- laration of Independence," the noblest document ever penned by man. He died on July 4, 1826. PRESIDKNTS OF THE UNITED STATES. 27 [Date— 1804.] Thomas Jefferson. — [Second term.] Thomas Jefferson (Democrat), of Virginia, received one hun- dred and sixty-two votes. Charles C. Pincknet (Federalist), of South Carolina, received fourteen votes. George Clinton, of ^ew York, was elected Vice-President. During the first term of Jefierson's administration the country- had doubled in extent by the Louisiana purchase, while, at his sec- ond election, the Federalist party had been reduced to the two States, Connecticut and Delaware, and a small part of Maryland. FOUETH PKESIDENT. [Date— 1808.] JAMES MADISOK— [First term.] James Madison (Democrat), of Virginia, received one hundred and twenty-two votes, Charles'C. Pinckney (Federalist), of South Carolina, received forty-seven votes. George Clinton (Federalist, Democratic wing) received six votes. He was again elected Vice-President. He died April 20, 1812. James Madison was born in the British colony of Virginia in 1751. He was of English descent, a graduate of college, and a lawyer by profession. He died in 1836. [Date— 1812.] James Madison. — [Second term.] James Madison (Democrat), of Virginia, received one hundred and twenty-eight electoral votes. De Witt Clinton (Federalist), of New York, received eigjity- nine votes. Elbridge Gerry was elected Vice-President, but died in 1814. The Federalists were opposed to the war with England, but the people sustained Madison in prosecuting it. FIFTH PRESIDENT [Date— 1816.] JAMES MONROE.— [First term.] James Monroe (Democrat), of Virginia, received ^one hundred and eighty- three electoral votes. 28 PRESIDENTS OF THE UNITED STATES. RuFUS King (Federalist), of New York, received thirty-four votes. Daniel D. Tompkins, of Kew York, was elected Vice-President. James Monkoe was of English descent, and was born in the British Colony of Virginia, in 1759. He was a college graduate, a soldier, and the author of "The Monroe Doctrine." He died in 1831. [Date— 1820.] James Monroe. — [Second term.] James Monroe (Democrat), of Virginia, received two hundred and thirty-one electoral votes, and had no opponent. Daniel D. Tompkins was again elected Vice-President. During the lirst administration of Monroe the Federalist party was disbanded. Massachusetts, however, cast her electoral vote for John Quincy Adams. SIXTH PRESIDENT. [Date— 1824.] JOHN QUINCY ADAMS. At this time party ties were nearly obliterated. John Qulngy Adams, of Massachusetts, received eighty-four electoral votes. Andrew Jackson, of Tennessee, received ninety-nine votes. William II. Crawford, of Georgia, received forty-one votes, and Henry Clay, of Kentucky, received thirty-seven votes. No candidate having received a majority of the electoral votes, the House of Re])resentatives elected John Quincy Adams, of Massa- chusetts, "the old man eloquent," President, and John C. Cal- houn, of South Carolina, Vice-President. John Quincy Adams was the son of the second President; was born in the British Colony of -Massachusetts Bay in 1767; was a college graduate, and a lawyer by profession. He died in 1848. SEVENTH PRESIDENT. [Date— 1828.] ANDREW JACKSON.— [First Term.] Gen. Andrew Jackson (Democrat), of Tennessee, received one hundred and seventy eight votes. John Q. Adams (Whig, or Democratic wing), of Massachusetts, received eighty -three votes. John C. Calhoun, of South Carolina, was again elected Vice- President. PRESIDENTS OF THE UNITED STATES. 29 Andrew Jackson, commonly called "Old Hickory," was of North Irish descent, and born in the i3ritish colony of South Caro- lina in 1767. He received a common education, and was both a lawyer and a soldier. During his administration, South Carolina attempted to nullify the laws of the United States, but the firmness of General Jackson prevented it. He died in Tennessee, in 1845. [Date— 1832.] Gen. Andrew Jackson. — [Second Term.] Andrew Jackson (Democrat), of Tennessee, received two hun- dred and nineteen votes. HJENRY Clay (Whig), of Kentucky, received forty-nine votes. "WiLLiA^i Wirt (Anti-Mason), of Maryland, received seven votes. John B. Floyd (Democrat), of Virginia, received the eleven votes of South Carolina. Jackson, during this term, vetoed the United States Bank, and the tariff question assumed great prominence. Martin Yan Btjren, of New York, was elected Yice-Presidento EIGHTH PKESIDENT. [Date— 1836.] MARTIN YAN BUREN (Democrat), of New York, received one hundred and seventy electoral votes. Gen. Wm. Henry Harrison (Whig), of Ohio, received seventy- three votes. Hugh L. White (Democrat), of Tennessee, received twenty-six votes. Daniel Webster (Whig), of Massachusetts, received the four- teen votes of Massachusetts; and Willie P. Mangum (Democrat), of North Carolina, received the eleven votes of South Carolina. RiCHAPD M. Johnson (Democrat), of Kentucky, was elected Yice-President. Martin Yan Buren was of Dutch descent, and was born in the State of New York in 1782. He received a common education; was a lawyer by profession. He died in 1862. NINTH PRESIDENT. [Date-1840.1 GEN. WM. HENRY HARRISON (Whig), of Ohio, received two hundred and thirty-four electoral votes. 30 PRESIDENTS OF THE UNITED STATES. Mabtin Yan Buken (Democrat), of New York, received sixty votes. John Tyler (Democratic Whig), of Yirginia, was elected Yice- President, and, upon the death of Gen. Harrison, became Presi- dent. Wm. Henry Harrison was of English descent, born in the Brit- ish Colony of Yirginia in 1773; had a collegiate education, and was a soldier. He was styled "Old Tippecanoe." He acted as President only about one month, and died in 1841. TENTH PRESIDENT. [Date— 1841.] John Tyler was also of English descent, and born in the State of Yirginia in 1790. H«e had a collegiate education, and was a lawyer by profession. He died in 1862. ELEYENTH PRESIDENT. [Date— 1844.] JAMES KNOX POLK (Democrat), of Tennessee, received one hundred and seventy electoral votes. Henry Clay (Whig), of Kentucky, received one hundred and five votes. Georg M. Dallas (Democrat), of Pennsylvania, was elected Yice-President. James K. Polk was of North Irish descent, and born in the State of North Carolina. He received a collegiate education, and was a lawyer by profession. He died in 1849. TWELFTH PRESIDENT. [Date— 1848:] GEN. ZACHARY TAYLOU (Wliig), of Louisiana, received one hundred and sixty-three votes. Lewis Cass (Democrat), of Michigan, received one hundred and twenty-seven votes. Millard Fillmore (Whig), of New York, was elected Yice- President, and upon the death of Gen. Taylor, on July 2, 1850, became President. Gen. Taylor, who was called "Old Rough and Ready," was of English descent, and born in the State of Yirginia, in 1784. He received a common education, and was a soldier. PRESIDENTS OF THE UNITED STATES. 31 THIRTEENTH PRESIDENT. MILLARD FILLMORE, who, by the death of Gen. Taylor, became the thirteenth President of the United States, was also of English descent, and born in the State of New York in the year 1800. He had a common education, and was a lawyer by profes- sion. He died in 1874. FOURTEENTH PRESIDENT. [Date— 1852.] FRANKLIN PIERCE (Democrat), of New Hampshire, re- ^ceived two hundred and iifty-four electoral votes. Gen. Winfield Scott (Whig), of New Jersey, received forty-two votes. William R. King (Democrat), of Alabama, was elected Yice- President. He died on April 18, 1853. During the administration of Pierce, the Missouri Compromise was repealed, and the Whig party was disbanded. Feankxen Pierce was of English descent, and was born in New Hampshire in 1801. He had a collegiate education, was a lawyer, and died in 1869. FIFTEENTH PRESIDENT. [Date— 1856.] JAMES BUCHAN'AN (^Democrat), of Pennsylvania, received one hundred and seventy-four electoral votes. John C. Fremont (Republican), of California, received one hun- dred and fourteen votes. Millard Fillmore (Native American), of New York, received eight votes. John C. Breckenridge (Democrat), of Kentucky, was elected Yice-President. James Buchanan was of Irish descent, and was born in Penn- sylvania in 1791. He had a college education, and was a lawyer and a bachelor. He died in 1868. SIXTEENTH PRESIDENT. [Date— I860.] ABRAHAM LINCOLN.— [First Term.] Abraham Lincoln (Republican), of Illinois, received one hun- dred and eighty electoral votes. John C. Breckenridge (Democrat), of Kentucky, received seventy-two votes. 32 PRESIDENTS OE THE UNITED STATES. John Bell (JSTative American), of Tennessee, received thirty, nine votes. Stephen A. Douglas (Free-Soil Democrat), of Illinois, received twelve votes. Hannibal Hamlin (Republican), of Maine, was elected Vice- President. During the tirst term of Lincoln's administration, the slave States of the Union passed ordinances of secession, and com- menced the civil war. Abraham Lincoln was born in Kentucky in 1809. He was of English descent, had a common education, was a laboring man, and made himself a lawyer. He was assassinated in April, 1865. [Date— 1864.] Abraham Lincoln. — [Second Term.] Abraham Lincoln (Republican), of Illinois, received two hundred and twelve electoral votes. Gen. Geo. B. MacClellan (Democrat), of New Jersey, re- ceived twenty-one votes. Andrew Johnson (Republican), of Tennessee, was elected Vice- President, and upon the death of President Lincoln, on the 15th day of April, 1865, became the SEVENTEENTH PRESIDENT, and Lafayette Foster (Republican), of Connecticut, succeeded him as Vice-President. Andrew Johnson was born in North Carolina, in 1808. He was of English descent, educated himself, was a tailor by trade, and made himself a lawyer. He died in 1875. EIGHTEENTH PRESIDENT [Date— 1868.] GEN. ULYSSES S.'^GR ANT.— [First term.] Gkn. Ulysses S. Grant (Republican), of Illinois, received two hundred and fourteen electoral votes. Horaito Skvmour (Democrat), of New York, received eighty votes. Schuyler ('olfax (Republican), of Indiana, was elected Vice- President. Virginia, Mississippi and Texas did not vote, being not reconstructed. PRESIDENTS OF THE UNITED STATES. 33 Gen. Grant was born in Ohio, in 1822. He is of Scotch descent, was educated at the Military Academy of West Point, and was a tanner, and a great soldier. He still lives. [Date— 1872.] Gen. Ultsses S. Grant. — [Second term.] Gen. Ulysses S. Grant (Republican), of Hlinois, received twa hundred and eighty-six electoral votes. Horace Greeley (Republican Democrat), of New York, re- ceived sixty-six votes. Henry Wilson (Republican), of Massachusetts, was elected Vice- President, but dying in 1875, he was succeeded by Thos. W. Ferry (Republican), of Michigan, as Vice-President. NINETEENTH PRESIDENT. [Date— 1876.] RUTHERFORD B. HAYES (Republican), of Ohio, received one hundred and eighty-iive electoral votes. Samuel J. Tilden (Democrat), of New York, received one hun- dred and eighty- tour votes. Wm. a. Wheeler (Republican), of New York, was elected Vice- President. R. B. Hayes was born in Ohio, in 1822. He is of Scotch descent, received a collegiate education, and is a lawyer. His wife is amiable, intelligent, and of great firmness of character. TWENTIETH PRESIDENT. [Date— 1880.] GEN. JAMES ABRAM GARFIELD (Republican), of Ohio, received two hundred and fourteen electoral votes. Gen. Winfield Scott Hancock (Democrat), of Pennsylvania, received one hundred and fifty-five votes. Chester A. Arthur (Republican), of New York, was elected Vice-President, and on the 20th of September, the day following the death of President Garfield, he (Hon. Chester A. Arthur) became the TWENTY-FIRST PRESIDENT of the United States. Gen. James A. Ga.rfield was born in Ohio on Nov. 19, 1831, and was a representative American. He was a noble son of poor 34 PRESIDENTS OF THE UNITED STATES. parents, and obtained a collegiate education by his own exertions. He became first a clergyman and president of a college, then a soldier, a member of Congress, a lawyer, a United States Senator, and then the President of the United States. He was shot, at Washington, D. C, on the 2d day of July, 1881, by a wretch whose name should be forgotten, and which shall not disgrace these pages; and he died from the effect of the wound, at El- beron, N. J., at 10:35 p. m., on Sept. 19, following. The Nation mourned. President xA.rthur, on telegraphic announcement from the Cabi- net, of the death of President Garfield, and on their suggestion, took the oath of office at once. It was administered at 2:15 a. m., Sept. 20, 1881, in New York City, before Judge Brady, of the State Court. The oath was subsequently re -taken in Washington City, before the Chief Justice of the Supreme Court, Sept. 22, at 12 o'clock M. PRESIDENT CHESTER A. ARTHUR is of Scotch-Irish de- scent, and was born Oct, 5, 1830, in the State of Vermont. He was nearly fifty-one years of age when the position of President was assumed by him, as General Garfield's successor. CHAPTER III. THE MANWER OF MAKING STATUTORY LAWS, AND OF PUTTING THEM IN PRACTICE. Law, in its widest sense, is a rule of action, of being, or of con- dition; and maj exist in the nature of things, in the power which controls them, or in artificial rules adopted for their guidance. To the latter class, most, if not all, human laws belong. Municipal law may be defined to be a rule of human action pre- sciibed by the supreme power of the State, commanding what such supreme power claims to be riglit, and endeavoring to prohibit what such supreme power claims to be wrong; and as municipal laws, in a free country, are framed by representatives chosen by the people, it is the duty of the people of a State to read, and en- deavor to understand, the laws which are made for them, and if such laws are unjust, to demand their repeal. This can easily be effected ; for if any law which has been enacted by the Legislature of a State operates unjustly upon its citizens, the people have it in their power to select representatives to the next Legislature who will repeal such unjust or oppressive laws. The method of making laws for the government of the people of a State, although simple, may not be understood by all persons, and especially not by all the boys and girls and young people, whose curiosity may tempt them to peep into this book, and per- haps to read some portions of it, for which reason an explanation of the manner in which statutory laws, or the laws of the State, are made will probably be pardoned by those who understand the process well. Statutory laws are those which have been made by the Legislature of a State, and have generally been approved by the Governor of such State. But such is not always the case; for sometimes the Governor may think that a hill which is presented to him for his approval and signature would be unjust to the peo- ple; or that its provisions are contrary i) the Constitution of the State, which is the supreme law of the State, that is, of all its officers and its people; or that the hill was passed hastily and with- out proper reflection on the part of the members of the Legislature; (35) 36 MAKING LAWS. or for some other reason which the Governor thinks a good one, he returns such bill to the House in which it was first introduced, and states, in writing, his reasons for thinking the bill should not become a law. In such a case, the Governor's refusal to approve the bill, and his returning it to the House in which it originated is called the " Governor's veto," and if similar action be taken by the President of the United States, with any bill which has passed both Houses of Congress — which constitute the Legislature of the nation — such action is called the '• President's veto." Before proceeding with the explanation of the manner of making statutory laws, it may be well to say that there are other laws which are equally obligatory and binding on the people of a State, as are the statutory laws. These may be classed as the common law. They originated either in the common customs of the people, the origin of which may have been forgotten; or in the decisions of the Supreme Court of the State on matters which have not been fully regulated by statutory laws, and having been acquiesced in and believed to be right and just by the people, have become the common law of the land. These laws, although they were not made by the representatives of the people in the Legislature of the State, are, nevertheless, the laws of the people, and all must obey them until tliey are modified, or superseded by statutory laws. The Legislature of a State is composed of two bodies of men, which, when in session, are called " Houses." One of these bodies is called the " Senate," and its members are called " Sena- tors." The other body is called the " Assembly," and its mem- bers are called " Assemblymen;" but in the Congress of the United States, the other body is called the " House of Representatives," and its members are called " Representatives," " Delegates to Congress," or " Members of Congress." Each of these bodies has a presiding officer. The ofiicer who presides over the Senate is addressed as "Mr. President," and the ofiicer who presides over the Assembly is addressed as "Mr. Speaker." All deliberative bodies of men adopt certain rules for their own government, which are called " Standing Rules," and it is the duty of the presiding ofiicer, and the privilege of any of the mem- bers of such body, to require that such rules be strictly enforced, although, generally, such rules provide that upon a vote of a cer- tain majority of the members some of the rules may be sus- pended (or made inoperative) for a time, or in particular cases. ORDER OF BUSINESS. 37 These iiiles generally provide the hour at which the body shall convene, and for every act, motion and emergency that may arise during the deliberations of the body while in session. They also provide the order of business of the body ; define the powers and duties of its officers ; provide the numbers of standing commit- tees and define their duties ; define the duties of the members in matters of order, decorum and debate; provide the order of pre- cedence of motions; the manner of introducing bills, and of their readings; the "call" of the members; the punishment of refrac- tory members, and generally for all cases, matters, and conditions of things, which may arise during the delibei*ations of the body. Among the first of such standing rules is, generally, one upon the Order of Business. which the presiding officer will enforce (unless suspended) and is often substantially in the following form: 1. Reading and approving of the Journal of proceedings of the preceding day. 2. Presentation of petitions. 3. Reports of Standing Committees. 4. Reports of Select Committees. 5. Messages from the Governor (or President). 6. Motions and resolutions. 7. Messages from the (House of Representatives, Senate, or Assembly). 8. Notices. 9. Second reading and reference of bills (to Committees). 10. Introduction and first reading of bills. 11. Business on General File and third reading of bills. 12. Unfinished business of preceding day. 13. Special orders of the day. The standing rales also generally provide the ordar of preced- ence of reference of matters, or of bills, to committees, and also of motions, which may be made; as, for instance, when motions are made to refer any subject to difierent committees, as to "A Select Committee," "A Standing Committee," and to "The Committee of the Whole House (or Senate)," the presiding officer shall give precedence of the motions: 1. To "The Committee of the Whole House (or Senate)." 2. To " A Standing Committee." 3. To "A Select Committee." 38 HOW LAWS ARE MADE. So, also, when a question is under debate, or before an)' parlia- mentary body, the standing rules of the body generally provide that no motion shall be received but to adjourn (which is always in order); to lay on the table; for the previous question; to postpone to a day certain; to commit or amend, or to postpone indefinitely; which several motions generally have precedence given them in the order in which they are named above ; but motions to adjourn^ to lay on the tahle, and for tke previous question, are decided with- out debate f and no motion to postpone to a day certain, to com- mit, or to postpone indefinitely, having been once decided by the body, can again be. entertained on the same day and at the same stage of proceedings. A motion to strike out the enacting clause of a bill takes precedence of a motion to amend, and, if carried, de- stroys the bill, making it of no value. As all statutory laws are simple bills which have passed through both Houses of the Legis- lature and the hands of the Chief Magistrate of the State or nation, it is unnecessary to present any particular form of bill in this work in order that the manner of making statutory laws may be under- stood by its readers; but before any bill can become a law under any constitutional government, several steps are necessary, which in all States are substantially as follows: First. It is generally necessary, under the rules of the Houses, to give one day's notice of the introduction of the bill. Second. The member introducing it must rise in his place and address "Mr. Speaker," if in the Assembly, and " Mr. President," if in the Senate; and after securing the recognition of the presid- ing officer, send the bill to the Speaker, or to the clerk's desk. Third. The clerk must read the bill aloud to the Assembly each day for three days, unless in case of urgency two thirds of the members elected to the House vote to have it read the first and second time by title (which vote, in California, must be taken by ayes and noes, besides which, in the last-named State, it must be printed), and copies of it must be laid on the desks of the mem- bers. Fourth. After it has been read the second time, but not before, the members may discuss its merits and its imperfections. They may then move to amend it, or to lay it on the table, or to post- ]>one it indefinitely, or to refer it to a special committee, or to some standing committee, or to the committee of the whole; and a iiiajority of the members may so change the bill that its author can hardly recognize it. ORDER OK BUSINESS. 39 Fifth. At its third reading the bill must be read through, as amended, word for word, from beginning to end, and it may now again be amended and compelled in every respect to go through every ordeal maintained at the second reading; and then, if it be not recommitted to some committee for further amendment, and, if it has been engrossed, or if it be considered engrossed, it is put upon its final passage; but in order to pass the House it must re- ceive a majority of all the votes of the 'ineiriherx of the horly in, which the vote may he taken. Sixth. If the bill, after its three several readings, and with its amendments, pass one of the Houses, it is sent at once to the other House (by the clerk of the Assembly if it passed the Assembly, and by the secretary of the Senate if it passed the Senate), where it must again pass through three several readings, and through all the other ordeals it had to encounter in the House in which it originated; and if it be amended, in any respect, in the second House, and if it pass the latter House with such amendments, it has to be sent back to the first House for its concurrence in such amendments; but if it pass the second House without amend- ments — Seventh. It is delivered by the clerk or secretary to the com- mittee on enrollment of the House in which the bill originated, who cause it to be enrolled, or carefully \nritten out on large sheets of paper by the enrolling clerk of such House. Eighth. After this is done the same committee, or some of its members, carry the enrolled bill to the Governor (or President), and leave it in his hands for his approval or disapproval, as he may think is right. Ninth. If the Governor (or President) approve the bill he writes his name on it, signifying such approval, and the bill then becomes a law; but if he does not approve it, he returns it to the House in which it originated, with his objections to it in writing, and such House enters his objections on the minutes of its jour- nal, and proceeds to reconsider the bill; and if, after reconsidering it, two-thirds of all the members elected to both Houses of the Legislature vote for its passage, the bill becomes a law, notwith- standing the objections of the Executive; but if it does not receive such a majority it does not become a law. On the third reading and final passage of any bill in either House, the votes of the members are taken by "yeas" and "nays," for which purpose the clerk or secretary, or their assist- 40 HOW LAWS ARE MADE. ants, call the names of the members or senators in alphabetical order, but omitting to call the presiding officer until the last; and no bill can become a law, in anj case, without the concurrence of a majority of all the members elected to each House. We have now taken a careful bird's-eye view of the manner in which a bill becomes a law, or, in other words, we have seen how statutory laws are made; for all laws enacted in any State of the Union have gone through the same or a similar ordeal to that which we have seen above, or they are supposed to have been made in such manner; but sometimes laws are passed without proper examination and without a strict compliance with the rules of the parliamentary bodies in which they are made, and, perhaps, in forgetfulness of the Constitution which gives those bodies power to pass them. The foregoing illustrates concisely the manner of making statu- tory laws by all constitutional, deliberative bodies. Legislatures make laws, and, if constitutional, the courts enforce them, through their officers; but in order that the courts may be enabled to en- force them, those persons who desire to avail themselves of the benefits of the laws must make application to the courts, precisely in the manner required by the laws; for unless this be done, the courts are powerless to act, or, if they act, their judgments will be irreguhir, if not void. The following Table of Pakliamentaky Rules observed in Con- gress and in other legislative bodies may properly appear in this connection, wherein questions which are not debatable are marked "1;" questions that are undebatable when another ques- tion is before the body are marked "2;" debatable questions are marked '' 3," and questions on which limited debates only may be had, as on "the propriety of postponement," are marked "4." The motions and questions marked "a" do not allow reference to the main question, while those marked "b" open the main question to debate. Motions marked \^ith the asterisk ' ' * " cannot be amended, while those marked by the dagger ''f may be amended. Motions marked '" A" can be reconsidered, while those marked *'B '" can not be reconsidered, and an affirmative vote on those marked ''C" cannot be reconsidered. A majority vote on the questions, or matters marked *' a," determines the question, vvhilo tliosc marked "b" require a two-thirds vote, unless some special rule of the i)odv inteivenes. ORDER OF BUSINESS. 4:1 Motions marked II in the table must be seconded, while those marked III do not require to be seconded. Motions marked " x " are not in order when another person has the floor; motions marked "y " are in order at any time, though another has the floor; and those marked " z " may be moved and entered on the record when another has the floor ; but the busi- ness then before the Assembly can not be put aside, and the motion (or notice of motion) must be made (or given) by one who voted on the prevailing side, and on the same day the original vote was taken. The table covers all ordinary parliamentary questions and, with the further explanations following it, covers over, three hundred questions and points of order : Table of Parliamentary Rules, of Order, Etc. Motion to adjourn Motion to determine time to adjourn Motion to amend Motion to amend an amendment Motion to amend the rules Motion to appeal from presiding officers decision in re decorum . Motion to appeal from decision of presiding officer generally Call to order Motion to close debate on question Motion to commit Motion to extend limits of debate on question Leave to continue speaking after indecorum Motion that do lie on the table Motion to limit debate on question Objection to consideration of question Motion for the orders of the day Motion to postpone to a definite time Motion to postpone indefinitely Motion for previous question Questions of priority of business Questions of privilege Reading papers Motion to reconsider a debatable question. Motion to reconsider an undebatable question Motion to refer a question Motion that committee do now rise Question whether subject shall be discussed Motion to make subject a special order To substitute, in the nature of an amendment Motion to suspend the rules Motion to take from the table To take up a question out of its proper order Motion to withdraw a motion 1 a 3 a 3 a 3 a 3 a \ a 3 a 1 a 1 a 3 b 1 a 1 a 1 a 1 a 1 a 1 a 4 a 3 b 1 a 1 a 3 a 1 a 3 b 1 a 3 b 1 a 1 a 3 a o a 1 a 1 a 1 a 1 a B A A A A A A A A A A A C A A A A A A A A A Bja B|a A j a B A A A B C A b b a b a b Aj a li X II z II X II X II X II y li 7 ill y il X I X II X II X II X II s III y III y li X II X II X II X II X II X II z II z II X II X III y II X II X II X II X II X II X In addition to questions disposed of by parliamentary rules in the foregoing table, there are certain questions of precedence, and certain forms, in which questions must be put in all parliamentary bodies. The foliowiusr constitute the order and the rank of 42 FORMS OF QUESTIONS. Questions of Precedence. First. Fixing the time to which an adjournment may be made; Second. To adjourn without limitation; Third. Motion for the orders of the day; Fourth. Motion that do lie on the table; Fifth. Motion for the previous question; Sixth. Motion to postpone indefinitely; Seventh. Motion to commit; Eighth. Motion to amend; Ninth. Motion to postpone indefinitely. Forms in -which Questions may be Put. 1 On motion to strike out words — "■ Shall the words stand as part of the ," unless a majority sustain the words, they will be struck out. 2. On motion for "the previous question," the form to be ob- served is, "Shall the main question be now put?" and if this be carried, the debate there ends. 3. On an appeal from the decision of the chair, the form is, " Shall the decision of the chair be sustained as the ruling of the house?" 4. On motion for "Orders of the Day," the question is, " Will the house now proceed to the orders of the day ?" If carried, this supersedes all intervening motions. .5. When an objection to considering a question is raised, tlie question by the chair is, " Shall the question be considered." Ob- jection may be made by any member of the body before debate has commenced, but not after. FORMING SOCIETIES, CORPORATIONS, ETC. In the formation of any society, company or association, the first step to be taken is to elect a chairman or president for a tem- porary organization. The parties interested meet at the place agreed upon, or named in tlie call, for the meeting, and at, or soon after, the time named, one of the parties interested rises and says: " I move that Mr. be called upon to ])reside over this meeting. Do I hear a second to the motioTi C Upon the motion being seconded, the one who made the motion says : FORMING SOCIETIES. 43 "It has been moved and seconded that Mr. preside over this meeting. Are you ready for the question ?" [Pause.] " All in favor of the motion will say ' aye.' " [The afflrmative is taken.] " All opposed will say 'no.' The ayes have it. Mr. is elected to preside, and will please come forward and take the chair." Upon advancing to the chair, the President, after thanking those present for the honor conferred upon him (or her), will state the object of the meeting, after which he will proceed to say: "The first business before the meeting will be the election of a [temporary] secretary. Who will you name, gentlemen [or ladies and gentlemen], for that position?" Some one or more will be nominated, substantially, after this manner: "I place in nomination the name of Mr. [or Miss. -] to act as secretary of this meeting." Or, •" I nominate Mr. [or Miss ]." The nomination of one or more being seconded, if but one, the President puts the question : " Mr. [or Miss ] is nominated to act as secretary of this meeting; all in ftivor of the nomination will say ' aye.' " [The affirmative vote is taken.] " All who are opposed will say 'no.' " [The negative vote is taken.] " The ayes seem to have it." [If the vote is decidedly afiirma- tive and a division be not called for.] " The ayes have it." "Mr. is elected Secretary of the meeting, and will please ap- proach the Secretary's table, and enter upon the discharge of his duties." The foregoing will complete the temporary organization of any body, the records of which are to be preserved for future use; but if a permanent organization be intended it will be necessary to have committees appointed or elected to draft a constitution and by-laws for the government of the society and its membership, and a committee upon permanent organization, and officers, etc., whose duty it will be to report at some subsequent time named upon the matters referred to them. If two or more persons be nominated for the same position, and such nominations be seconded by the membors at a meeting, the president will ask the members how they will vote, "By ballot or 44 FORMING SOCIETIES. otherwise?" and as a majority may determine, the vote will be taken. The presiding officer should at all times avoid any appearance of partiality, and should decide all matters impartially. If any meeting be for that time only, a secretary will not be re- quired, and a president only need be elected, and vice-presidents appointed or suggested, in which case the president will invite the vice-presidents to seats upon the stand with him. If the object of the meeting be the formation of a corporation under the laws of any State or Territory, the forms given in this work under the heading, " Articles of Incorporation," may serve as a general guide for the committee in drawing their report, recol- lecting that the statutes of the State or Territory under which the corporation is formed must be strictly complied with in the draw- ing of such "articles." The different sections of the by-laws, and the different articles agd sections of the constitution of any society, association or cor- poration, should be carefully read, section by section, seriatim, and so amended as to conform to the opinion of the members forming the association, and then adopted, section by section , or as a whole, as a majority of those forming the society may determine by vote. For purposes of illustration, and as a general guide, we will sup- pose that a call has been published or circulated for the formation of a lyceum in the village or city, that a prelimmary meeting has been held, and a committee appointed to draft a constitution and by-laws for the same; that they have attended to their duty and report as follows : To tlie Literary Association. Your committee appointed to draft a constitution and by-laws for the government of your honorable body respectfully report the following as the result of their labors, and recommend their adop- tion to -wit : PREAMBLE. Whereas, The experience of past ages has shown that voluntary associations, governed by fixed rules, can more thoroughly effect the accomplishment of worthy and great results than unaided, individual efforts alone; and whereas we, residents of , are desirous "f advancing our civil and intellectual culture so far as FOKMIKG SOCIETIES. 45 in our power lies, by forming a mutual Literary Association, do, for that purpose, adopt the following CONSTITUTION. Article I. The name of this society shall be ''The Denver Literary Association." Article IL Its objects shall be to discuss, weekly, subjects which may be selected by a majority present of its members, for the diffusion of knowledge and the providing of a reading-room, and the current valuable literature, consisting of books and papers, for the use of all members of the Association, in the same. Article III. The officers of the Association shall consist of a President, a Yice-President, Secretary, Treasurer and Librarian, who shall be elected annually by ballot, on the first Tuesday in January of each year, and shall hold their oflSces until their suc- cessors shall be elected and qualified. Article TV. Section 1. It shall be the duty of the President to preside at all meetings of the Association, whether public or private, but in the absence of the President, it shall be the duty of the Yice-President to preside. Section 2. It shall be the duty of the Secretary to keep a record of all business and proceedings of the Association proper to be written; to read at each meeting the proceedings of the last convocation ; to conduct the correspondence and keep the records of the Association. Section 3. The Treasurer's duty shall be to safely keep the funds of the Society; to report quarterly all moneys received and disbursed, and the amount on hand at date of report ; and to pay out moneys only on the order of the President, attended by the Secretary. Section 4. It shall be the duty of the Librarian to obey the rules of the Association and the orders of its President; to care- fully preserve and keep all papers, manuscripts, records and books belonging to the Society, and to provide a complete index of its books and property, for reference by its members. Article Y. At the first meeting of the Society, after his elec- tion, the President shall appoint the following standing commit- tees, consisting of three members each, to- wit: On lectures, papers and periodicals ; on library and printing; and on finance, ways and means (whose duties shall be prescribed by the Presi- dent until otherwise ordered by the Association). 46 FOKMING SOCIETIES. Section 2. The question for debate at each weekly meeting shall be determined by a majority of the votes of the members present at the meeting preceding such discussion. Article YI. Any person, lady or gentleman, may become a member of this Association n])on the affirmative vote of a majority of the members ])resent at any meeting, and upon paying a fee of two dollars and signing the by-laws; and the Association shall have power by a majority vote to confer honorary and free member- ship on any person whose name and presence may be beneficial to the Society. Article YII. This Association shall meet on Tuesday evening of each 'week, at — o'clock, at the hall^ and at such other times as a majority may determine, at which five or more members shall constitute a q^uorum for the transaction of business; and the President shall have power to call a special meeting of the Society at any time upon the written request of five members of the Association. Article VIII. The dues of members to the Association shall he fifty cents monthly, and shall be payable at the first weekly meeting in each month, to the Secretary, who shall receipt for the same, and pay such dues to the Treasurer, and take his receipt therefor; but such dues may be increased or diminished at any regular meeting by vote of a majority of the members present after notice of one week shall have been given of such change. Article IX. '' Cushing's Manuel" or "The Ready Lawyer" shall be the standard of Parliamentary authority in governing all deliberations of this Association. Article X. Any member who shall neglect to pay the dues, or who shall be guilty of conduct which will bring the Association into disrepute, may be suspended or expelled from membership in the Society, as a majority of two thirds of the members present at any meeting may determine; but no member shall be suspended or expelled until he shall have been notified in writing that charges have been made against him, specifing such charges, and an opportunity shall have been given him to appear in his own defense. Article XL This Constitution mi\y be altered or amended at any regular meeting, after written notice shall have been given, stating the alteration or amendment proposed, by a majority of two thirds of the votes of the members present at such meeting. BY-LAWS. 47 Which Preamble and Constitution are respectfully submitted for your consideration. Your committee, in farther discharge of the duties imposed upon them, report the folio wina^ BY-LAWS. Article I. The hours of stated meeting of this Association shall be as follows: From the first of April until the first of Octo- ber, at eight o'clock p. m; from the first of October to April first, at half-past seven o'clock p. m. Article II. The names of all persons applying for membership in the Association shall be recommended by two members, in writing, and shall be presented to the Secretary, who shall bring the same before the Society for election, at its next stated meeting after he shall receive the same. Article III. It shall be the duty of each member of the Asso- ciation to maintain its Constitution; to use all laudable means to increase the usefulness and interest of the Society; to maintain good order and afiability among its members, and to sign and keep its Constitution and By-laws. Article IV. Its order of business shall be: 1. Reading minutes of the last meeting. 2. Applications for membership. 3. Reports of Standing Committees. 4. Reports of Special Committees. 5. Bills and communications. 6. Voting upon admission of new members. 7. New business. 8. Discussion of question. 9. Decision of merits of debate. 10. Adjournment. All of which is respectfully submitted. Committee. CHAPTER IV. UNITED STATES MINING LAWS AND REGULATIONS THEREUNDER Section 2318. In all cases lands valuable for minerals shall be reserved from sale, except as otherwise expressly directed b}^ law. Sec. 2319. All valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and purchase, and the lands in which they are found to occupation and purchase, by citi- zens of the United States and those who have declared their inten- tion to become such, under regulations prescribed by law, and according to the local customs or rules of miners in the several mining districts, so far as the same are applicable and not incon- sistent with the laws of the United States. Sec. 2320. Mining-claims upon veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, cop- per, or other valuable deposits, heretofore located, shall be governed as to length along the vein or lode by the customs, regula- tions, and laws in force at the date of their location. A mining- claim located after the tenth day of May, eighteen hundred and seventy-two, whether located by one or more persons, may equals hut shall not exceed^ one thousand five hundred feet in length along the vein or lode; but no location of a mining-claim shall be made until the discovery of the vein or lode within the limits of the claim located. No claim sJmll extend more than three hundred feet on each side of the middle of the vein at the surface^ nor shall any claim be limited by any mining regulation to less than twenty- five feet on each side of the middle of the vein at the surface, except where adverse rights existing on the tenth day of May, eight- een hundred and seventy-two, render such limitation necessary. The end-lines of each claim shall be parallel to each other. Sec. 2321. Proof of citizenship, under this chapter, may con- sist, in the case of an individual, of his own affidavit thereof; in the case of an association of persons unincorporated, of the affida- vit of their authorized agent, made on bis own knowledge, or upon (48) MINING LAWS. 49 information and belief; and in the case of a corporation organized under the laws of the United States, or of any State or Territory thereof, by the filing of a certified copy of their charter or certifi- cate of incorporation. Sec. 2322. The locators of all miidng locations heretofore made or which shall hereafter be made, on any mineral vein, lode, or ledo;e, situated on the public domain, their heirs and assigns, where no adverse claim exists on the tenth day of May, eighteen hundred and seventy -two, so long as they comply with the laws of the United States, and with State, Territorial, and local regula- tions not in conflict with the laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoymenc of all the surface inchided within the lines of their locations^ and of all veins, lodes, and ledges throughout thein entire depth, the top or apex of vjhich lies inside of such surface lines ex- tended downwardvertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course' downward as to extend outside the vertical side-lines of such surface locations. But their right of possession to such outside parts of such veins or ledges shall he confined to such portions thereof as lie between ver- tical planes drawn downvjard as above described, through the end- lines of thier locations^ so continued in their own direction that such planes will intersect such exterior parts of such veins or ledges. And nothing in this section shall authorize the locator or possessor of a vein or lode which extends in its downward course beyond the vertical lines of his claim to enter upon the surface of a claim owned or possessed by another. Sec. 2323. Where a tunnel is run for the development of a vein or lode, or for the discovery of mines, the owners of such tunnel shall have the right of possession of all veins or lodes within three thousand feet from the face of such tunnel on the line thereof, not previously known to exist, discovered in such tunnel, to the same extent as if discovered from t]^e surface; and locations on the line uf such tunuel, of veins or lodes not appearing on the surface, made by other parties after the commencement of the tunnel, and while the same is being prosecuted with reasonable diligence, shall be invalid; but failure to prosecute the work on the tunnel for six months shall be considered as an abandonment of the right to all undiscovered veins on the line of such tunnel. Sec. 2324. The miners of each mining district may inake regulations not in conflict with the laws of the United 50 MINING LAWS. States, or with the laws of the State or Territory in which the district is situated, governing the location, manner of recording, amount of work necessary to hold possession of a mining claim, subject to the following requirements: The location must be distinctly marked on the ground so that its boundaries can be readily traced. All records of mining claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim. On each claim located after the tenth day of May, eighteen hundred and seventy-two, and un- til a patent has been issued therefor, not less than one hundred dollars' worth of labor shall he performed or improvements made during, each year. On all claims located prior to the tenth day of May, eighteen hundred and seventy-two, ten dollars' worth of labor shall be performed or improvements made by the tenth day of June, eighteen hundred and seventy-four, and each year thereafter, for each one hundred feet in lengtli along the vein until a patent has been issued therefor; but where such claims are held in com- mon, such expenditure may be made upon any one claim; and upon a failure to comply with these conditions, the claim or mine upon which such failure occurred shall he open to relocation in the same manner as if no location of the same had ever been made, provided that the original locators, their heirs, assigns or legal representatives have not resumed work upon the claim after failure and before such location. TJpon the failure: of any one of several co-owners to contribute his proportion of the expenditures required hereby, the co-owners who have performed the labor or made the improvements may, at the expiration of the year, give such delin. quent co-owner personal notice in writing, or notice hy publication m the newspaper published nearest the claim for at least once a week for ninety days; and if at the expiration of ninety days after such notice in writing or by publication such delinquent should fail or refuse to contribute his proportion of the expenditure required by this section, his interest in the claim shall become the property of his co-owners vjho have made the required expenditures. Sec. 2325, A patent for any land claimed and located for valu- able deposits may be obtained in the following manner : Any per- son, association, or corporation authorized to locate a claim under this chapter, having claimed and located a piece of land for such purposes, who has, or have, complied with the terms of this chap- MINING LAWS. 51 ter, may file in the proper land-office an application for a patent^ \inder oath^ showing such compliance, together with a plat and field-notes of the claim or claims in common, made by or under the direction of the United States Surveyor-General, showing accu- rately the boundaries of the claim or claims, lohich shall he dis- tinctly marked hy inonuments on the ground,, and shall post a copy of such plat, together with a notice of such application for a pat- ent, in a conspicuous place on the land embraced in such plat pre- vious to the filing of the application for a patent, and shall tile an afiidavit of at least two persons that such notice has been duly posted, and shall file a copy of the notice in such land-office, and shall thereupon be entitled to a patent for the land, in the manner following : The register of the land-oflice, upon the filing of such application, plat, field-notes, notices, and affidavits, shall publish a notice that such application has been made, for the period of sixty davs, in a newspaper to be by him designated as published near to such claim; and he shall also post such notice in his office for the same period. The claimant at the time of filing his appli- cation, or at any time thereafter, within the sixty days of publica- tion, shall file with the register a certificate of the United States Surveyor-General that five hundred dollars' worth of labor has been expended or improvements made upon the claim hj himself or grantors; that the plat is correct, with such further description by snch reference to natural objects or permanent monuments as shall identify the claim, and furnish an accurate description, to be incor- porated in the patent. At the expiration of the sixty days of pub- lication the claimant shall file his affidavit, showing that the plat and notice have been posted in a conspicuous place on the claim during such period of publication. If no adverse claim shall have been filed with the register and the receiver of the proper land- office at the expiration of the sixty days of publication, it shall be assumed that the applicant is entitled to a patent, upon the pay- ment to the proper officer of five dollars per acre, and that no ad- verse claim exists; and thereafter no objection from third parties to the issuance of a patent shall be heard, except it be shown that the applicant has failed to comply with the terms of this chapter. Sec. 2326. Where an adverse claim is filed during the period of publication, it shall he upon oath of the person or persons mak- ing the same, and shall show the nature, boundaries, and extent of such adverse claim, and all proceedings, except the publication of notice and making and filing of the affidavit thereof, shall be 52 MINING LAWS. Staved until the controversy shall have been settled or decided by a court of competent jurisdiction, or the adverse claim waived. It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction, to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judg- ment; and a failure so to do shall be a waiver of his adverse claim. After such judgment shall have been rendered, the party entitled to the possession of the claim, or any portion thereof, may, with- out giving further notice, file a certified copy of the judgment-roll with the register of the land-oflice, together with the certificate of the Surveyor-General that the requisite amount of labor lias been expended or improvements made thereon, and the description re- quired in other cases, and shall paj' to the receiver five dollars per acre for his claim, together with the proper fees, whereupon the whole proceedings and the judgment-roll shall be certified by the register to the Commissioner of the Greneral Land-Office, and a patent shall issue thereon for the claim, or such portion thereof as the applicant shall appear, from the decision of the court, to rightly possess. If it appears trom the decision of the court that several parties are entitled to separate and difterent portions of the claim, each party may pay for his portion of the claim, with the proper fees, and file the certificate and description by the Surveyor-Gen- eral, whereupon the register shall certify the proceedings and judgment-roll to the Commissioner of the General Land-Office, as in the preceding case, and patents shall issue to the several parties according to their respective rights. Nothing herein con- tained shall be construed to prevent the alienation of a title con- veyed by a patent for a mining claim to any person whatever. Sec. 2327. The description of vein or lode claims, upon sur- veyed lands, shall designate the location of the claim with refer- ence to the lines of the public surveys, but need not conform therewith; but where a patent shall be issued for claims upon unsurveyed lands, the Surveyor-General, in extending the surveys, shall adjust the same to the boundaries of such patented claim, according to the plat or description thereof, but so as in no case to interfere with or change the location of any such patented claim. Skc. 232S. Applications for patents for mining claims under former laws now pending may be prosecuted to a final decision in the General Land-Office: but in such cases where adverse MINING LAWS. ' ' 53 rights are not affected thereby, patents may issue in pursuance of the provisions of this chapter; and all patents for raining claims upon veins or lodes heretofore issued shall convey all the rights and privileges conferred by this chapter where no adverse rights existed on the tenth day of May, eighteen lumdred and seventy- two. Sec. 2329. Claims usually called "placers," including all forms of deposit, excepting veins of quartz or other rock in place, shall be subject to entry and patent, under like circumstances and con- ditions, and upon similar proceedings, as are provided for vein or lode claims; but where the lands have been previously surveyed by the United States, the entry in its exterior limits shall conform to the legal subdivisions of the public lands. Sec. 2330. Legal subdivisions of forty acres may be subdivided into ten-acre tracts; and two or more persons, or associations of persons, having contiguous claims of any size, although such claims may be less than ten acres each, may make joint entry thereof; but no location of a placer claim, made alter the ninth day of July, eighteen hundred and seventy, shall exceed one hundred and sixty acres for any one person or association of persons, which location shall conform to the United States surveys; and nothing in this section contained shall defeat or impair any hona-fide pre- emption or homestead claim upon agricultural lands, or authorize the sale of the improvements of any hona-Jlde settler to any purchaser. Sec. 2331. "Where placer claims are upon surveyed lands, and conform to legal subdivisions, no further survey or plat shall be required, and all placer-mining claims located after the tenth day of May, eighteen hundred and seventy-two, shall conform as near as practicable with the United States system of public-land surveys, and the rectangular subdivisions of such surveys, and no such location shall include more than twenty acres for each individua claimant; but where placer claims cannot be conformed to legal subdivisions, survey and plat shall be made as on unsurveyed lands; and where by the segregation of mineral lands in any legal subdivision a quantity of agricultural land less than fortv acres remains, such fractional portion of agricultural land may be entered, by any party qualified by law, for homestead or pre-emp- tion purposes. Sec. 2332. "Whei'e such person or association, they and their grantors, have held and worked their claims for a period equal to 54 MINING LAWS. the time prescribed by tlie statute of limitations for mining claims of the State or Territory where the same may be situated, evi- dence of such possession and working of the claims for such period shall be sufficient to establish a right to a patent thereto under this chapter, in the absence of any adverse claim; but noth- ing in this chapter shall be deemed to impair any lien which may have attached in any way whatever to any mining claim or prop- erty thereto attached prior to the issuance of a patent. Sec. 2333. Where the same person, association, or corporation is in possession of a placer claim, and also a vein or lode included within the boundaries thereof, application shall be made for a patent for the placer claim, with the statement that it includes such vein or lode, and in such case a patent shall issue for the placer claim, subject to the provisions of this chapter, including such vein or lode, upon the payment of five dollars per acre for such vein or lode claim, and twenty-five feet of surface on each side thereof. The remainder of the placer claim, or any placer claim not embracing any vein or lode claim, shall be paid for at the rate of two dollars and fifty cents per acre, together with all costs of proceedings; and where a vein or lode, such as is described in section twenty-three hundred and twenty, is known to exist within the boundaries of a placer claim, an application for a patent for such placer claim which does not include an application for the vein or lode claim shall be construed as a conclusive declaration that the claimant of the placer claim has no right of possession of the vein or lode claim; but where the existence of a vein or lode in a placer claim is not known, a patent for the placer-claim shall convey all valuable mineral and other deposits within the bound- aries thereof. Sec. 2334. The Surveyor-General of the United States may appoint in each land-district containing mineral lands as many competent surveyors as shall apply for appointment to survey mining claims. The expenses of the survey of vein or lode claims, and the survey and subdivision of placer claims into smaller quan- tities than one hundred and sixty acres, together with the cost of publication of notices, shall be paid by the apjdicants, and they shall be at liberty to obtain the same at the most reasonable rates, and they shall also be at liberty to employ any United States Deputy Surveyor to make the survey. The Commissioner of the G-eneral Land-Office shall also have power to establish the maximum charges for surveys and publication of notices under MINING LAWS. 55 this chapter; and, in case of excessive charges for publication, he may designate anj newspaper published in a land-district where mines are situated for the publication of mining notices in such district, and fix the rates to be charged by such paper; and, to the end that the Commissioner may be fnlly informed on the subject, each applicant shall file with the register a sworn statement of all charges and fees paid by such applicant for publication and sur- veys, together with all fees and money paid the register and the receiver of the land-ofiice, which statement shall be transmit- ted, with the other papers in the case, to the Commissioner of the General Land-Ofiice. Sec. 2335. All affidAivits required to be made under this chapter may he verified before any officer authorized to administer oaths vyithin the land-district where the claims may he situated, and all testimony and proofs may be taken before any such officer, and, when duly certified by the officer taking the same, shall have the same force and effect as if taken before the register and receiver of the land-office. In cases of contest as to the mineral or agricultural character of the land, the testimony and proofs may be taken as herein provided on personal potice of at least ten days to the opposing party; or if such party cannot be found, then by publica- tion of at least once a week for thirty days in a newspaper, to be designated by the register of the land-office as published nearest to the location of such land; and the register shall require pvoof that such notice has been given. Sec. 2336. Where two or more veins intersect or cross each priority of title shall govern\ and such prior location shall be en- titled to all ore or mineral contained within the space of intersec- tion; but the subsequent location shall have the right of way through the space of intersection for the pui-jDoses of the convenient working of the mine. And where two or more veins unite, the oldest or prior location shall take the vein below the point of union, including all the space of intersection. Sec. 2337. Where non-mineral land not contiguous to the vein or lode is used or occupied by the proprietor of such vein or lode for mining or milling purposes, such non-adjacent surface ground may be embraced and included in an application for a patent for such vein States of Missouri and Kansas deposits of coal, iron, lead, or other mineral be, and they are hereby, excluded from the operation of the act entitled, "An act to promote the development of tlie mining resources of the United States," approved May tenth, eighteen hundred and seventy-two, and all lands in said States shall be subject to disposal as agricultural lands. The following is an act of Congress approved June 3, 1878: AN ACT authorizing the citizens of Colorado, Nevada, and the 'Territories to fell and remove timber on the public domain for mining and domestic pur- poses . Be it enacted by the Senate and Rouse of Representatives of the MINING LAWS. 59 United States of America in Congress assembled. That all citizens of the United States and other persons, hona-fide residents of the State of Colorado or Nevada, or either of the Territories of New Mexico, Arizona, Utah, Wyoming, Dakota, Idaho, or Montana, and all other mineral districts of the United States, shall be, and are hereby, authorized and permitted to fell and remove, for build- ing, agricultural, mining, or other domestic purposes, any timber or other trees growing or being on the public lands, said lands being minei'al, and not subject to entry under existing laws of the United States, except for mineral entry, in either of said States, Territories, or districts of which such citizens or persons may be at the time hona-fide residents, subject to such rules and regulations as the Secretary of the Interior may prescribe for the protection of the timber and of the undergrowth growing upon such lands, and for other purposes: Provided. The provisions of this act shall not extend to railroad corporations. Sec. 2. That it shall be the duty of the register and. the receiver of any local land-office in whose district any mineral land may be situated, to ascertain from time to time whether any timber is being cut or used upon any such lands, except for the purposes authorized by this act, within their respective land-districts; and, if so, they shall immediately notify the Commissioner of the General Land-Office of that fact; and all necessary expenses in- curred in making such proper examinations shall be paid and allowed such register and receiver in making up their next quar- terly accounts. Sec. '3. Any person or persons who shall violate the provisions of this act, or any rules and regulations in pursuance thereof made by the Secretary of the Interior, shall be deemed guilty of a mis- demeanor, and, upon conviction, shall be fined in any sum not exceeding five hundred dollars, and to which may be added im- prisonment for any term not exceeding six months. The following is an act of Congress approved January 22, 1880: AN ACT to ameud sections twenty -three hundred and twenty-four and twenty- three and twentj'-five of the Revised Statutes of the United States concerning mineral lands. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled^ That section twenty-three hundred and twenty-five of the Revised Statutes of the United States be amended by adding thereto the following words: " Provided, That where the claimant for a patent is not a 60 MINING TITLES. resident of or within the land-district wherein the vein, lode, ledge, or deposit sought to be patented is located, the application for patent and the affidavits required to be made in this section bj the claimant for such patent may be made by his, her, or its author- ized agent, where said agent is conversant with the facts sought to be established by said affidavits: And provided^ That this section shall apply to all applications now pending for patents to mineral lands." Sec. 2. That section twenty-three hundred and twenty-four of the Revised Statutes of the United States be amended by adding the following words: '■'Provided^ That the period within which the work required to be done annually on all unpatented mineral claims shall commence on the first day of January succeeding the date of location of such claim, and this section shall apply to all claims located since the tenth day of May, Anno Domini eighteen hundred and seventy-two." The following is an act of Congress approved March 3, 1881: AN ACT to amend section twenty-three hundred and twenty-six of the Revised Statutes relating to suits at law affecting the title to mining claims. JBe it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled. That if, in any action brought pursuant to section twenty-three hundred and twenty-six of the Revised Statutes, title to the ground in contro- versy shall not be established by either party, the jury shall so find, and judgment shall be entered according to the verdict. In such case costs shall not be allowed to either party, and the claimant shall not proceed in the land-office or be entitled to a patent for the ground in controversy until he shall have perfected his title. Mineral Lands Open to Exploration, Occupation, and Purchase. 1. It will be perceived that by the foregoing provisions of law the mineral lands in the public domain, surveyed or unsurveyed, are open to exploration, occupation, and purchase, by all citizens of the United States and all those who have declared their intention to become such. Statutes of Lode-Claims Located Prior to May 10, 1872. 2. By an examination of the several sections of the Revised Statutes, it will be seen that the status of lode claims, located HOW OBTAINED. • Qt previous to the 10th May, 1872, is not changed with regard to their extent along the lode or width of surface. 3. Mining rights acquired under such previous locations are, however, enlarged bj said Revised Statutes in the following re- spect; viz.. The locators of all such previously taken veins or lodes, their heirs and assigns, so long as they comply with the laws of Congress and with State, Territorial, or local regulations not in conflict therewith, governing mining claims, are invested with the exclusive possessory right of all the surface included within the lines of their locations, arid of all veins, lodes, or ledges through- out their entire depth, the top or apex of which lies inside of such surface-lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side-lines of such locations at the surface; it being expressly provided, how- ever, that the right of possession to such outside parts of said veins or ledges shall be confined to such portions thereof as lie between vertical planes drawn downward as aforesaid through the end-lines of their locations so continued in their own direction that such planes will intersect such exterior parts of such veins, lodes, or ledges; no right being granted, however, to the claimant of such outside portion of a vein or ledge to enter upon the surface loca- tion of another claimant. 4. It is to be distinctly understood, however, that the law limits the possessory right to veins, lodes, or ledges, other than the one named in the original location, to such as were not adversely claimsd on May 10, 1872, and that where such other vein or ledge was so adversely claimed at that date, the right of the party so ad- versely claiming is in no way impaired by the provisions of the Revised Statutes. 5. In order to hold the possessory title to a mining claim located prior to May 10, 1872, and for which a patent has not been issued, the law requires that ten dollars shall be expended annu- ally in labor or improvements on each claim of one hundred feet on the course of the vein or lode until a patent shall have been issued therefor; but where a number of such claims are held in common upon the same vein or lode the aggregate expenditure . that would be necessary to hold all the claims, at the rate of ten dollars per hundred feet, may be made upon any one claim; a failure to comply with this requirement in any one year subjecting 62 PATENTS FOR VEINS OR LODES. the claim upon which such failure occurred to relocation by other parties, the same as if no previous location thereof had ever been made, unless the claimants under the orisfinal location shall have resumed work thereon after such failure and before such relocation. The tirst annual expenditure upon claims of this class should have been performed subsequent to May 10, 1872, and prior to January 1, 1875. From and after January 1, 1875, the required amount must be expended annually until patent issues. By decision of the honorable Secretary of the Interior, dated March 4, 1879, such annual expenditures are not required subsequent to entry, the date of issuing the patent certificate being the date contemplated by statute. 6. Upon the failure or" any one of several co-owners of a vein, lode, or ledge, which has not been entered, to contribute his pro- portion of the expenditures necessary to hold the claim or claims so held in ownership in common, the co-owners who have performed the labor, or made the improvements, as required by said Revised Statutes, may, at the expiration of the year, give such delinquent co-owner personal notice in writing, or notice by publication in the newspaper published nearest the claim, for at least once a week for ninety days; and if upon the expiration of ninety days after such notice in writing, or upon the expiration of one hundred and eighty days after the first newspaper publication of notice, the delinquent co-owner shall have failed to contribute his proportion to meet such expenditures or improvements, his interest in the claim by law passe? to his co-owners, who have made the expenditures or improvements as aforesaid. Where a claimant alleges ownership of a forfeited interest under the foregoing provision, the sworn statement of the publisher as to the facts of publication, giving dates and a printed copy of the notice published, should be fur- nished, and the claimant must swear that the delinquent co-owner failed to contribute his Droper proportion within the period fixed by the statute. Patents for Veins or Lodes Heretofore Issued. 7. Rights under patents for veins or lodes heretofore granted under previous legislation of Congress are enlarged by the Revised Statutes so as to invest the patentee, his heirs or assigns, with title to all veins, lodes, or ledges, throughout their entire depth, the top or apex of which lies within the end and side boundary-lines of LOCATING CLAIMS. 63 his claim on the surface, as patented, extended downward ver- tically, although such veins, lodes, or ledges may so far depart from a j^erpendicular in their course downward as to extend out- side the vertical^ side-lines of the claim at the surface, the right of possession to such outside parts of such veins or ledges to be confined to such portions thereof as lie between vertical planes drawn downward through the end-lines of the claims at the sur- face, so continued in their own direction that such planes will intersect such exterior parts of such veins or ledges; it being ex- pressly provided, however, that all veins, lodes, or ledges, the top or apex of which lies inside such surface locations, other than the one named in the patent, which were adversely claimed on the 10th May, 1872, are excluded from such conveyance bv patent. 8. Applications for patents for mining-claims pending at the date of the act of May 10, 1872, may be prosecuted to final decision in the General Land-Ofiice, and where no adverse rights are af- fected thereby, patents will be issued in pursuance of the provisions of the Revised Statutes. Manner of Locating Claims on Veins or Lodes. 9. From and after the 10th May, 1872, any person who is a citizen of the United States or who has declared his intention to become a citizen, may locate, record, and hold a mining claim of fifteen hundred linear feet along the course of any mineral vein or lode subject to location; or an association of persons, severally qualified as above, may make joint location of such claim oi fifteen hundred feet, but in no event can a location of a vein or lode made subsequent to May 10, 1872, exceed fifteen hundred feet along the course thereof, whatever may be the number of persons composing the association. 10. With regard to the extent of surface-ground adjoining a vein or lode, and claimed for the convenient working thereof, the Re- vised Statutes provide that the lateral extent of locations of veins or lodes made after May 10, 1872, shall in no case exceed three hundred feet on each side of the middle of the 'vein at the surface, and that no such surface rights shall be limited by any mining reg- ulations to less than twenty-five f^et on each side of the middle of the vein at the surface, except where adverse rights existing on the 10th of May, 1872, may render such limitations necessary, the end-lines of such claims to be in all cases parallel to each other. 64 MINES. Said lateral measurements cannot extend beyond three hundred feet on either side of the middle of the vein at the surface, or such distance as is allowed by local laws. For example: 400 feet can- not be taken on one side and 200 feet on the other. If, however, 300 feet on each side are allowed, and by reason of prior claims but 100 feet can be taken on one side, the locator will not be re- stricted to less than 300 feet on the other side; and when the loca- tor does not determine by exploration where the middle of the vein at the surface is, his discovery shaft must be assumed to mark such point. 11. ^^ the foregoing it will be perceived that no lode claim located after the lOtli May, 1872, can exceed a parallelogram fifteen hundred feet in length by six hundred feet in width, but whether surface-ground of that width can be taken, depends upon the local regulations, or State or Territorial laws in force in the several mining districts; and that no such local regulations or State or Territorial laws shall limit a vein or lode claim to less than fifteen hundred feet along the course thereof, whether the location is made by one or more persons, nor can surface rights be limited to less than fifty feet in width, unless adverse claims existing on the 10th day of May, 1872, render such lateral limitation neces- sary. 12. It is provided by the Revised Statutes that the miners of each district may make rules and regulations not in conflict with the laws of the United States, or of the State or Territory in which such districts are respectively situated, governing the loca- tion, manner of recording, and amount of work necessary to hold possession of a claim. They likewise require that the location shall be so distinctly marked on the ground that its boundaries may be leadily traced. This is a very important matter, and lo- cators cannot exercise too much care in defining their locations at the outset, inasmuch as the law requires that all records of mining locations made subsequent to May 10, 1872, shall contain the name or names of the locators, the date of the location, and such a description of the claim or claiinn located, by reference to some natural object or permanent monument, as will identify the claim. 13. The statutes provide that no lode claim shall be recorded until after the discovery of a vein or lode within the limits of the claim located, the object of which provision is evidently to prevent the appropriation of presumed mineral ground for speculative pur- LOCATING CLAIMS. . 65 poses to the exclusion of hona-fde prospectors, before sufficient work has been done to determine whether a vein or lode really exists. 14. The claimant should, therefore, prior to locating his claim, unless the vein can be traced upon the surface, sink a shaft, or run a tunnel or drift, to a sufficient depth therein to discover and de- velop a mineral-bearing vein, lode, or crevice; should determine, impossible, the general course of such vein in either direction from the point of discovery, by which direction he will be governed in marking the boundaries of his claim on the surface. His location notice should give the course and distance as nearly as practicable from the discovery shaft on the claim, to some permanent, well- known points or objects, such, for instance, as stone monuments, blazed trees, the confluence of streams, point of intersection of well- known gulches, ravines, or roads, prominent buttes, hills, etc., which may be in the immediate vicinity, and which will serve to perpetuate and fix the locus of the claim and render it susceptible of identification from the description thereof given in the record of locations in the district, and should be duly recorded. 15. In addition to the foregoing data, the claimant should state the names of adjoining claims, or, if none adjoin, the relative posi- tions of the nearest claims; should drive a post or erect a monn- ment of stones at each corner of his surface-ground, and at the point of discovery or discovery-shaft should fix a post, stake or board, upon which should be designated the name of the lode, the name or names of the locators, the number of feet claimed, and in which direction from the point of discovery ; it being essential that the location notice tiled for record, in addition to the foregoing description, should state whether the entire claim of fifteen hun- dred feet is taken on one side of the point of discovery, or whether it is partly upon one and partly upon the other side thereof, and in the latter case, how many feet are claimed upon each side of such discovery-point. 16. "Within a reasonable time, say twenty days after the loca- tion shall have been marked on tlie ground, or such time as is allowed by the local laws, notice thereof, accurately describing the claim in manner aforesaid, should be filed for record with the proper recorder of the district, who will thereupon issue the usual certificate of location. lY. In order to hold the possessory right to a location made since May 10, 1872, not less than one hundred doUai's' worth of 66 TUNNEL RIGHTS. labor must be performed, or improvements made thereon annually until entrj shall have been made. Under the provisions of the act of Congress approved January 22, 1880, the first annual ex- penditure becomes due and must be performed during the calendar year succeeding that in which the location was made. Expendi- ture made or labor performed prior to the first day of January suc- ceeding the date of location will not be considered as a part of, or applied upon, the first annual expenditure required bylaw. Fail- ure to make the expenditure or perform the labor required will subject the claim to re-location by any other party having the necessary qualifications, unless the original locator, his heirs, as- signs or legal representatives have resumed work thereon after such failure and before such relocation. 18. The expenditures required upon mining claims may be made from the surface or in running a tunnel for the development of such claims, the act of February 11, 1875, providing that where a per- son or company has, or may, run a tunnel for the purpose of devel- oping a lode or lodes owned by said person or company, the money so expended in said tunnel shall be taken and considered as ex- pended on said lode or lodes, and such person or company shall not be required to perform work on the surface of said lode or lodes in order to hold the same. 19. The importance of attending to these details in the matter of location, labor, and expenditure, will be the more readily per- ceived when it is understood that a failure to give the subject proper attention may invalidate the claim. Tunnel Rights. 20o Section 2323 provides that where a tunnel is run for the de- velopment of a vein or lode, or for the discovery of mines, the owners of such tunnel shall have the right of possession of all veins or lodes within three thousand feet from the face of such tun- nel on the line thereof, not previously known to exist, discovered in such tunnel, to the same extent as if discovered from the sur. face; and locations on the line of such tunnel of veins or lodes not appearing on the surface, made by other parties after the com- mencement of the tunnel, and while the same is being prosecuted with reasonable diligence, shall be invalid; but failure to prosecute the work on the tunnel for six months shall be considered as an abandonment of the right to all undiscovered veins or lodes on the line of said tunnel. TUNNEL EIGHTS. . 67 21. The effect of this is simply to give the proprietors of a min- ing tannel run in good faith the possessory right to fifteen hundred feet of any blind lodes cut, discovered, or intersected by such tun- nel, which were not known previously to exist, within three thou- sand feet from the face or point of commencement of snch tunnel, and to prohibit other parties, after the commencement of the tunnel, from prospecting for and making locations of lodes on the line thereof and within said distance of three thousand feet, unless such lodes appear upon the surface or were previously known to exist. 22. The term "face," as used in said section, is construed and held to mean the first working-face formed in the tunnel, and to sjo-nify the point at which the tunnel actually enters cover; it being from this point that the three thousand feet are to be counted^ upon which prospecting is prohibited as aforesaid. 23. To avail themselves of the benefits of this provision of law, the proprietors of a mining tunnel will be required, at the time they enter cover as aforesaid, to give proper notice of their tunnel loca- tion by erecting a substantial post, board, or monument at the face or point of commencement thereof, upon which shall be posted a good and suflacient notice, giving the names of the parties or com- pany claiming the tunnel right; the actual or proposed course or direction of the tunnel; the height and width thereof, and the course and distance from such face or point of commencement to some permanent well-known objects in the vicinity by which to fix and determine the locus in manner heretofore set forth applicable to locations of veins or lodes, and at the time of posting such notice they shall, in order that miners or prospectors may be enabled to determine whether or not they are within the lines of the tunnel, establish the boundary lines thereof, by stakes or monuments placed along such lines at proper intervals, to the terminus of the three thou- sand feet from the face or point of commencement of the tunnel, and the lines so marked will define and govern as to the specific boundaries within which prospecting for lodes not previously known to exist is prohibited while work on the tunnel is being prosecuted with reasonable diligence. 24. A.t the time of posting notice and marking out the lines of the tunnel aforesaid, a full and correct copy of such notice of loca- tion defininsr the tunnel claim must be filed for record with the mining recorder of the district, to Vhich notice must be attached the sworn statement or declaration of the owners, claimants, or projectors of such tunnel, setting forth the facts in the case; stating 68 HOW TO OBTAIN the amount expended by themselves and their predecessors in interest in prosecuting work thereon; the extent of the work per- formed, and that it is bona Jide their intention to prosecute work on the tunnel so located and described with reasonable diligence for the development of a vein or lode, or for the discovery of mines, or both, as the case may be. This notice of location must be duly recorded, and, with the said sworn statement attached, kept on the recorder's files for future reference. 25. By a compliance with the foregoing much needless diificulty will be avoided, and the way for the adjustment of legal rights acquired in virtue of said section 2323 will be made more easy and certain. 26. This office will take particular care that no improper advan- tage is taken of this provision of law by parties making, or professing to make, tunnel locations, ostensibly for the purposes named in the statute, but really for the purpose of monopolizing the lands lying in front of their tunnels to the detriment of the mining interests and to the exclusion of hona-fide prospectors or miners, but will hold such tunnel claimants to a strict compliance with the terms of the statutes; and a reasonable diligence on their part in prosecuting the work is one of the essential conditions of their implied contract. Negligence or want of due diligence will be construed as working a forfeiture of their right to all undiscov- ered veins on the line of such tunnel. Manner of Proceeding to Obtain Government Title to Vein or liOde Claims. 27. By section 2325 authority is given for granting titles for mines by patent from the Government to any person, association, or corporation having the necessary'qualifications as to citizenship and holding the right of possession to a claim in compliance with law. 28. The claimant is required in the first place to have a correct survey of his claim made under authority of the Surveyor-General of the State or Territory in which the claim lies; such survey to show with accuracy the exterior surface boundaries of the claim, which boundaries are required to be distinctly marked by monuments on the ground . Four plats and one copy of the original field-notes, in each case, will be prepared by the Surveyor-General: one plat and the original field-notes to be retained in the office of the Surveyor- GOVERNilENT TITLE. 69 General; one copy of the plat to be given the claimant for posting upon the claim; one plat and a copy of the field-notes to be given the claimant for filing with the proper register, to be finally trans- mitted by that officer, with other papers in the case, to this office, and one plat to be sent by the Surveyor-General to the register of the proper land-district to be retained on his files for future refer- ence. 29. The claimant is then required to post a copy of the plat of such survey in a conspicuous place upon the claim, together with notice of his intention to apply for a patent therefor, which notice will give the date of posting, the name of the claimant, the name of the claim, mine, or lode; the mining district and county; whether the location is of record, and, if so, where the record may be found; the number of feet claimed along the vein and the presumed direction thereof; the number of feet claimed on the lode in each direction from the point of discovery, or other well-defined place on the claim; the name or names of adjoining claimants on the same or other lodes; or, if none adjoin, the names of the nearest claims, etc. 30. After posting the said plat and notice upon the premises, the claimant will file with the proper register and receiver a copy of such plat, and field-notes of survey of the claim, accompanied by the affidavit of at least two credible witnesses that such plat and notice are posted conspicuously upon the claim, giving the date and place of such posting, a copy of the notioe so posted to be attached to, and form a part of, said affidavit. 31. Attached to the field-notes so filed must be the sworn statement of the claimant that he has the possessory right to the premises therein described, in virtue of a compliance by himself (and by his grantors, if he claims by purchase) with the mining rules, regulations, and customs of the mining district. State, or Territory in which the claim lies, and with the mining laws of Congress; such sworn statement to narrate briefly, but as clearly as possible, the facts constituting such compliance, the origin of his possession, and the basis of his claim to a patent. 32. This affidavit should be supported by appropriate evidence from the mining recorder's office as to his possessorv right, as follows; viz., Where he claims to be a locator, a full, true, and correct copy of such location should be furnished, as the same appears upon the mining records; such copy to be attested by the seal of the recorder, or if he has no seal, then he should make oath 70 HOAV TO OBTAIN. to the same being correct, as shown by his records; where the ap- plicant claims as a locator in company with others who have since conveyed their interests in the lode to him, a copy of the original record of location should be filed, together with an abstract of title from the proper recorder, under seal or oath as aforesaid, tracing the co-locator's possessory rights in the claim to such applicant for patent; where the applicant claims only as a purchaser for valuable consideration, a copy of the location record must be filed, under seal or upon oath as aforesaid, with an abstract of title cer-. tified as above by the proper recorder, tracing the right of posses- sion by a continuous chain of conveyances from the original locators to the applicant, also certifying that no conveyances affecting the title to the claim in question appear of record in his office other than those set forth in the accompanying abstract. 33. In the event of the mining records in any case having been destroyed by fire or otherwise lost, affidavit of the fact should be made, and secondary evidence of possessory title will be received, which may consist of the affidavit of the claimant, supported by those of any other parties cognizant of the facts relative to his loca- tion, occupancy, possession, improvements, etc. ; and in such case of lost records, any deeds, certificates of location or purchase, or other evidence which may be in the claimant's possession, and tend to establish his claim, should be filed. 34. Upon the receipt of these papers the register will, at the expense of the claimant (who must furnish the agreement of the publisher to hold applicant for patent alone responsible for charges of publication), publish a notice of such application for the period of sixty days, in a newspaper published nearest to the claim; and will post a copy of such notice in his office for the same period. In all cases sixty days must intervene between the first and the last insertion of the notice in such newspaper. When the notice is published in a weekly newspaper ten consecutive insertions are necessary; when in a daily newspaper, the notice must appear in each issue for the required period. 35. The notices so published and posted must be as full and complete as possible, and embrace all the data given in the fiotice posted upon the claim. 36. Too much care cannot be exercised in the preparation of these notices, inasmuch as upon their accuracy and completeness will depend, in a great measure, the regularity and validity of the whole proceeding. GOVERNMENT TITLE 71 37. The claimant, either at the time of filing these papers with the register, or at any time during the sixty days' publication, is required to file a certificate of the Surveyor-General that not less than five hundred dollars' worth of labor has been expended or improvements made upon the claim by the applicant or his grant- ors; that the plat filed by the claimant is correct; that the field- notes of the survey, as filed, furnish such an accurate description of the claim as will, if incorporated into a patent, serve to fully identify the premises, and that such reference is made therein to natural objects or permanent monuments as vvill perpetuate and fix the locus thereof. 38. It will be the more convenient way to hav-e this certificate indorsed by the Surveyor-General, both upon the plat and field- notes of survey filed by the claimant as aforesaid. 39. After the sixty days' period of newspaper publication has expired the claimant will file his affidavit, showing that the plat and notice aforesaid remained conspicuously posted upon the claim sought to be patented during said sixty days' publication, giving the dates. 40. Upon the filing of this affidavit the register will, if no ad- verse claim was filed in his office during the period of publication, permit the claimant to pay for the land according to the area given in the plat and field-notes of survey aforesaid, at the rate of five dollars for each acre and five dollars for each fractional part of an acre, the receiver issuing the usual duplicate receipt therefor. The claimant will also make a sworn statement of all charges and fees paid by him for publication and surveys, together with all fees and money paid the register and receiver of the land-office; after which the whole matter will be forwarded to the Commissioner of the General Land-Office and a patent issued thereon if found regular. 41. In sending up the papers in the case the register must not omit certifying to the fact that the notice was posted in his office for the full period of sixty days, such certificate to state distinctly when such posting was done and how long continued. 42. The consecutive series of numbers of mineral entries must be continued, whether the same are of lode or placer claims. 43. The Surveyor-General must continue to designate all sur- veyed mineral claims as heretofore by a progressive series of num- bers, beginning with lot No. 37 in each township; the claim to be so designated at date of tiling the plat, field-notes, etc., in addition 72 ADVERSE CLAIMS. to the local designation of the claim; it being required in all cases ^^at the plat and field- notes of the survey of a claim must, in ad- dition to the reference to permanent objects in the neighborhood, describe the locus of the cLaim with reference to the lines of public surveys by a line connecting a corner of the claim with the near- est public corner of the United States surveys, unless such claim be on unsurveyed lands at a remote distance from such public cor- ner, in which latter case the reference by course and distance to permanent objects in the neighborhood will be a sufficient desig- nation by which to fix the locus until the public surveys shall have been closed upon its boundaries. Adverse Claims. 44. Section 2326 provides for adverse claims, fixes the time within which they shall be filed to have legal effect, and prescribes the manner of their adjustment. 45. Said section requires that the adverse claim shall be filed during the period of publication of notice; that it must be on the oath of the adverse claimant; and that it must show the '''•nature^'''' the ^'•hoimdaries^ and the " extenf^ of the adverse claim. 46. In order that this section of law may be properly carried into effect, tlie following is communicated for the information of all concerned: 47. An adverse mining claim must be filed with the register of the same land-office with whom the application for patent was filed, or, in his absence, with the receiver, and within the sixty days' period of newspaper publication notice. 48. The adverse notice must be duly sworn to by the person or persons making the same before an officer authorized to administer oaths within the land-district, or before the register or receiver; it will fully set forth the nature and extent of the interference or conflict; whether the adverse party claims as a purchaser for valu- able consideration or as a locator; if the former, a certified copy of the original location, the original conveyance, a duly certified copy tliereof, or an abstract of title from the office of the proper recorder should be furnished; or if the transaction was a mere verbal one he will narrate the circumstances attending the pur- chase, the date thereof, and the amount paid, which fiicts shall be supported by the affidavit of one or more witnesses, if any were present at the time, and if he claims as a locator he must file a duly certified copy of the location from the office of the proper recorder. ADVERSE CLAIMS. 73 49. In order that the '■'■'boundaries'''' and ^'■extent " of the claim may be shown, it will be incumbent upon the adverse claimant to file a plat showing his entire claim, its relative situation or position with the one against which he claims, and the extent of the con- flict. This plat must be made from an actual survey by a United States Deputy Surveyor, who will officially certify thereon to its correctness; and in addition there must be attached to such plat of survey a certificate or sworn statement by the surveyor as to the approximate value of the labor performed or improvements made upon the claim by the adverse party or his predecessors in interest, and the plat must indicate the position of any shafts, tunnels, or other improvements, if any such exist, upon the claim of the party opposing the application, and by which party said improve- ments were made. 50. Upon the foregoing being filed within the sixty days as aforesaid, the register, or in his absence the receiver, will give notice in writing to hoth parties to the contest that such adverse claim has been filed, informing them that the party who filed the adverse claim will be required within thirty days from the date of such filing to commence proceedings in a court of competent juris- diction to determine the question of right of possession, and to prosecute the same with reasonable diligence to final judgment, and that should such adverse claimant fail to do so, his adverse claim will be considered waived, and the application for patent be allowed to proceed upon its merits. 51. When an adverse claim is filed as aforesaid, the register or receiver will indorse upon the same the precise date of filing, and preserve a record of the date of notifications issued thereon; and thereafter all proceedings on the application for patent will be suspended, with the exception of the completion of the publication and posting of notices and plat, and the filing of the necessary proof thereof, until the controversy shall have been adjudicated in court, or the adverse claim waived or withdrawn. 52. The proceedings after rendition of judgment by the court in such case are so clearly defined by the act itself as to render it unnecessar}'" to enlarge thereon in this place. 53. The proceedings to obtain patents for claims, usually called placers, including all forms of deposit, are similar to the proceed- ings prescribed for obtaining patents for vein or lode claims; but where said placer claim shall be upon surveyed lands, and conform to legal subdivisions, no further survey or plat will be required, 74 ADVERSE CLAIMS. and all placer- mining claims located after May 10, 1872, shall con- form as nearly as practicable with the United States system of public-land surveys, and the rectangular subdivisions of such sur- veys, and no such location shall include more than twenty acres for each individual claimant; but where placer claims cannot be con- formed to legal subdivisions, survey and plat shall be made as on unsurveyed lands. But where such claims are located previous to the public surveys, and do not conform to legal subdivisions, sur- vey, plat, and entry thereof may be made according to the bound- aries thereof, provided the location is in all respects legal. 54. The proceedings for obtaining patents for veins or lodes having already been fully given, it will not be necessary to repeat them here; it being thought that careful attention thereto by applicants and the local officers will enable them to act under- standingly in the matter and make such slight modifications in the notice, or otherwise, as maj be necessary in view of the different nature of the two classes of claims, placer claims being fixed, how- ever, at two dollars and fifty cents per acre, or fractional part of an acre. 55. By section 2330, authority is given for the subdivision of forty-acre legal subdivisions into ten-acre lots, which is intended for the greater convenience of miners in segregating their claims both from one another and from intervening agricultural lands. 66. It is held, therefore, that under a proper construction of the law these ten-acre lots in mining districts should be considered and dealt with, to all intents and purposes, as legal subdivisions, and that an applicant having a legal claim which conforms to one or more of these ten-acre lots, either adjoining or cornering, may make entry thereof, after the usual proceedings, without further survey or plat. 57. In cases of this kind, however, the notice given of the application must be very specific and accurate in description, and as the forty-acre tracts may be subdivided into ten-acre lots, either in the form of squares of ten by ten chains, or of paral- lelograms five by twenty chains, so long as the lines are parallel and at right angles with the lines of the public surveys, it will be necessary that the notice and application state specifically what ten-acre lots are sought to be patented, in addition to the other data required in the notice. 58. Where the ten-acre subdivision is in the form of a square it may be described, for instance, as the " S. E. \ of the S. W. PLACER GROUND. 75 ^," or, if in the form of a parallelogram as aforesaid, it may be described as the " W. ^ of the W. i of the S. W. i of the N. W. i (or the K i of the S. i of the JS[. E. J of the S. E. J) of section , township , range ," as the case may be; but, in addition to this description of the land, the notice must give all the other data that is required in a mineral applica- tion, by which parties may be put on inquiry as to the premises sought to be patented. The proofs submitted with applications for claims of this kind must show clearly the character and the extent of the improvements upon the premises. Inasmuch as the Surveyor-G-eneral has no duty to perform in connection with the entry of a placer claim of legal subdivisions, the proof of improvements must show their value to be not less thsmfive hundred dollars and that they were made by the appli- cant for patent or his grantors. 59. Applicants for patent to a placer claim, who are also in pos- session of a known vein or lode included therein, must state in their application that the placer includes such vein or lode. The published and posted notices must also include such statement; and the vein or lode must be surveyed and marked upon the plat, the field-notes and plat giving the area of the lode claim or claims and the area of the placer separately. If veins or lodes lying within a placer location are owned by other parties, the fact should be distinctly stated in the application for patent, and in all the notices. It should be remembered that an application which omits to include an application for a known vein or lode therein, must be construed as a conclusive declaration that the applicant has no right of possession to the vein or lode. Where there is no known lode or vein, the fact must appear by the affidavit of claimant and one or more witnesses. 60. When an adverse claim is filed to a placer application, the proceedings are the same as in the case of vein or lode claims, al- ready described. Quantity of Placer Ground Subject to Location. 61. By section 2330 it is declared that no location of a placer- claim, made after July 9, 1870, shall exceed one hundred and sixty acres for any one person or association of persons, which location shall conform to the United States surveys. 62. Section 2331 provides that all placer mining claims located after May 10, 1872, shall conform as nearly as practicable with the 76 LOCATION OF United States system of public surveys and the subdivisions of such surveys, and no such locations shall include more than twenty acres for each individual claimant. 63. The foregoing provisions of law are construed to mean that after the 9tli day of July, 1870, no location of a placer claim can be made to exceed one hundred and sixty acres, whatever may be the number of locators associated together, or whatever the local regulations of the district may allow; and that from and after May 10, 1872, no location made by an individual can exceed twenty acres, and no location made by an association of individ- uals can exceed one hundred and sixty acres, which location of one hundred and sixty acres cannot be made by a less number than eight hona-Jide locators; and no local laws or mining regula- tions can restrict a placer location to less than twenty acres, although the locator is not compelled to take so much. 64. The regulations hereinbefore given as to the manner of marking locations on the ground, and placing the same on record, must be observed in the case of placer locations, so far as the same are applicable; the law requiring, however, that where placer claims are upon surveyed public lands the locations must hereafter be made to conform to legal sub-divisions thereof as near as prac- ticable. 65. With regard to the proofs necessary to establish the posses- sory right to a placer claim, section 2332 provides that "where such person or association, they and their grantors, have held and worked their claims for a period equal to the time prescribed by the statute of limitations for mining claims of the State or Terri- tory where the same may be situated, evidence of such posseosion and working of the claims for such period shall be sufficient to establish a right to a patent thereto under this chapter, in the absence of any adverse claim." 66. This provision of law will greatly lessen the burden of proof, more especially in the case of old claims located many years since, the records of which, in many cases, have been destroyed by hre, or lost in other ways during the lapse of time, but concern- ing the possessory right to which all controversy or litigation has long been pcttlcd. 67. When an applicant desires to make his proof of possessory right in accordance with this provision of law, you will not require him to produce evidence of location, copies of conveyances, or abstracts of title, as in other cases, but will require him to furnish PLACER GROUND. 77 a duly certified copy of the statute of limitations of raining claims for the State or Territory, together with his sworn statement giving a clear and succinct narration of the facts as to the origin of his title, and likewise as to the continuation of his possession of the mining ground covered by his application; the area thereof, the nature and extent of the mining that has been done thereon; whether there has been any opposition to his possession, or litiga- tion with regard to his claim, and, if so, when the same ceased; whether such cessation was caused by compromise or by judicial decree, and any additional facts within the claimants knowledge having a direct bearing upon his possession and hona fides which he may desire to submit in support of his claim. 68. There should likewise be filed a certificate, under seal of the court having jurisdiction of mining cases within the judicial dis- trict embracing the claim, that no suit or action of any character whatever involving the right of possession to any portion of the claim applied for is pending, and that there has been no litigation before said court affecting the title to said claim or any part thereof for a period equal to the time fijced by the statute of limitations for mining claims in the State or Territory as aforesaid, other than that which has been finally decided in favor of the claimant. 69. The claimant should support his narrative of facts relative to his possession, occupancy, and improvements by corroborative testimony of any disinterested person or persons of credibility who may be cognizant of the facts in the case and are capable of testi- fying understandiugly in the premises. 70. It will be to the advantage of claimants to make their proofs as full and complete as practicable. MiU-Sites. 71. Section 2337 provides that "where non-mineral land not contiguous to the vein or lode is used or occupied by the proprie- tor of such vein or lode for mining or milling purposes, such non- adjacent surface-ground may be embraced and included in an application for a patent for such vein or lode, and the same may be patented therewith, su ect to the same preliminary require- ments as to survey and notice as are applicable to veins or lodes; but no location hereafter made of such non-adjacent land shall exceed five acres, and payment or the same must be made at the same rate as fixed by this chapter for the superficies of the lode. The owner of a quartz-mill or reduction works, not owning a mine 78 MILL-SITES. in connection therewith, may also receive a patent for his mill-site, as provided in thi'^ section." 72. To avail themselves of this provision of law, parties holding the possessory right to a vein or lode, and to a piece of non-mineral land not contiguous thereto, for mining or milling purposes, not exceeding the quantity allowed for such purpose by section 2337, United States Revised Statutes, or prior laws, under which the land was appropriated, the proprietors of such vein or lode may file in the proper land-office their application for a patent, under oath, in manner already set forth herein, which application, together with the plat and field-notes, may include, embrace, and describe, in addition to the vein or lode, such non-contiguous mill- site, and after due proceedings as to notice, etc., a patent will be issued conveying the same as one claim. 73. In making the survey in a case of this kind, the lode claim should be described in the plat and field-notes as " Lot No. 37, A," and the mill-site as " Lot No. 37, B," or whatever may be its ap- propriate numerical designation; the course and distance from a corner of the mill-site to a corner of the lode claim to be invariably given in such plat and field-notes, and a copy of the plat and notice of application for patent must be conspicuously posted upon the mill-site as well as upon the vein or lode for the statutory period of sixty days. In making the entry no separate receipt or certifi- cate need be issued for the mill-site, but the whole area of both lode and mill-site will be embraced in one entry, the price being five dollars for each acre and fractional part of an acre embraced by such lode and mill-site claim. 74. In case the owner of a quartz-mill or reduction works is not the owner of a vein or lode, the law permits him to make ap- plication therefor in the same manner prescribed herein for mining claims, and after due notice and proceedings, in the absence of a valid adverse filing, to enter and receive a patent for his mill-site at said price per acre. 75. In every case there must be satisfactory proof that the land claimed as a mill-site is not mineral in character, which proof may, where the matter is unquestioned, consist of the sworn statement of the claimant, supported by that of one or more disinterested persons capable from acquaintance with the land to testify under- standingly. 76. The Liw expressly limits mill-site locations made from and after its passage to five acres. PROOF OF CITIZENSHIP 79 77. The registers and receivers will preserve an unbroken con- secutive series of numbers for all mineral entries. Proof of Citizenship of Mining Claimants. 78. The proof necessary to establish the citizenship of appli- cants for mining patents must be made in the following manner: In case of an incorporated company, a certiiied copy of their charter or certificate of incorporation must be filed. In case of an asso- ciation of persons unincorporated, the affidavit of their duly author- ized agent, made upon his own knowledge, or upon information and belief, setting forth the residence of each person forming such association, must be submitted. This affidavit must be accompa- nied by a power of attorney from the parties ibrming such associ- ation, authorizing the person who makes the affidavit of citizenship to act for them in the matter of their application for patent. 79. In case of an individual or an association of individuals who do not appear by their duly authorized agent, you will require the affidavit of each applicant, showing whether he is a native or nat- nralized citizen, when and where born, and his residence. 80. In case an applicant has declared his intention to become a citizen, or has been naturalized, his affidavit must show the date, place, and the court before which he declared his intention, or from which his certificate of citizenship issued, and present residence. 81. The affidavit of the claimant as to his citizenship may be taken before the register or receiver, or any other officer authorized to administer oaths within the land-district If citizenship is estab- lished by the testimony of disinterested persons, such testimony may be taken at any place before any person authorized to admin- ister oaths, and whose official character is duly verified. Appointment of Deputy Surveyors of Mining Claims — Charges for Surveys and Publications — Fees of Regis- ters and Receivers, Etc. 82. Section 2334 provides for the appoincment of surveyors of mineral claims, authorizes the Commissioner of the General Land-Office to establish the rates to be charged for surveys and for newspaper publications, prescribes the fees allowed to the local officers for receiving and acting upon applications for mining-pat- ents and for adverse claims thereto, etc. Under this authority of law the following rates have beenestab- 80 CHARGES FOR SURVEYS. lished as the maximum charges for newspaper publications in min- ing cases : a. "Where a daily newspaper is designated the charge shall not exceed seven dollars for each ten lines of space occupied; and where a weekly newspaper is designated as the medium of publi- cation five dollars for the same space will be allowed. Such charge shall be accepted as full payment for publication in each issue of the newspaper for the entire period required by law. It is expected that these notices shall not be so abbreviated as to curtail the description essential to a perfect notice, and the said rates established upon the understanding that they are to be in the usual body type used for advertisements. h. For the publication of citations in contests or hearings involv- ing the character of lands, the charges shall not exceed eight dollars for five publications in weekly newspapers, or ten dollars for publi- cations in daily newspapers for thirty days. 83. The Surveyors-General of the several districts will, in pur- suance of said law, appoint in each land-district as many competent deputies for the survey of mining claims as may seek such ap- pointment; it being distinctly understood that all expenses of these notices and surveys are to be borne by the mining claimants and not by the United States; the system of making deposits for min- eral surveys, as required by previous instructions, being hereby revoked as regdivi^Q Jield-work; the claimant having the option of employing any deputy surveyor within such district to do his work in the field. 84. With regard to the platting of the claim and other office work in the Surveyor-General's oflice, that officer will make an estimate of the cost thereof, which amount the claimant will deposit with any Assistant United States Treasurer, or designated deposit- ory, in favor of the United States Treasurer, to be passed to the credit of the fund created by "individual depositors for surveys of the public lands," and file with the Surveyor-General duplicate certificates of such deposit in tlie usual manner. 85. The Surveyors-General will endeavor to appoint mineral deputy surveyors, so that one or more may be located in each min- ing district for the greater convenience of miners. 86. The usual oaths will be required of these deputies and their assistants as to the correctness of eacli survey executed by them. The duty of the deputy mineral surveyor ceases when he has exe- cuted the survey and returned the field-notes and preliminary plat THE CHARACTER OF LANDS. 81 thereof with his report to the Survejor-General. He will not be allowed to prepare for the mining claimant the papers in support of an application for patent, or otherwise perform the duties of an attorney before the land-office in connection with a mining claim The Surveyors-General and local land-officers are expected to report any infringement of this regulation to this office. 87. The law requires that each applicant shall ille with the rep-- ister and receiver a sworn statement of all charges and fees paid by him for publication of notice and for survey; together with all fees and money paid the register and receiver, which sworn state- ment is required to be transmitted to this office, for the informa- tion of the Commissioner. 88. Should it ajjpear that excessive or exorbitant charges have been made by any surveyor or any publisher, prompt action will be taken with the view of correcting the abuse. 89. The fees payable to the register and receiver for filins: and acting upon applications for mineral-land patents are five dollars to each officer, to be paid by the applicant for patent at the time of filing, and the like sum of five dollars is payable to each officer by an adverse claimant at the time of filing his adverse claim. 90. All fees or charges under this law may be paid in United States currency, 91. The register and receiver will, at the close of each month, forward to this office an abstract of mining applications filed, and a register of receipts, accompanied with an abstract of mineral lands sold, and an abstract of adverse claims filed. 92. The fees and purchase money received by registers and receivers must be placed to the credit of the United States in the receiver's monthly and quarterly account, charging up in the dis- bursing account the sums to which the register and receiver may be respectively entitled as fees and commissions, with limitations in regard to the legal maximum. Hearings to Establish the Character of Lands. 93 In every case where it becomes necessary under the law and existing instructions of this office that a hearing be held and testimony taken for the purpose of ascertaining the mineral or agricultural character of land, the local officers are directed to cause -the evidence to be taken before a duly qualified officer whose office is located nearest the land in dispute, the distance to be computed by ordinary routes of travel 82 HEARINGS TO ESTABLISH Whenever the local office comes within this rule, the hearing will be held before the register and receiver. It is intended to cause these hearings to be held, as far as prac- ticable, in such manner as to afiord the least inconvenience to persons interested. Should it appear, therefore, by written stipu- lation of all the parties, that this purpose will best be subserved by the designation of any particular officer authorized to administer .oaths within the land-district in which the land in controversy is situated, the instructions herein may be departed from in accord- ance with such stipulation. Such deviation may also be allowed where the officer who would, otherwise, be designated is an inter- ested party, or where, for other good reason, his selection would be improper. When the evidence is taken before an officer other than the reg- ister and receiver, the record should be sealed up, the title of the case indorsed on the envelope, and the whole returned by mail or express to the register and receiver. On the 27th April, 1880, in accordance with the directions of the Secretary of the Interior, this office revoked the withdrawals theretofore made, upon general information, .that vast tracts of public land were mineral in character, and instructed the local offi- cers, in the absence of a specific allegation of the mineral charac- ter of land, to allow applications for agricultural entry thereof, upon due proof. Hereafter the only tracts of public land that will be withheld from entry as agricultural land on account of its mineral character, will be such as are returned by the Surveyor-General as mineral; and even the presumption which is supported by such return may be overcome by testimony taken at a regular hearing. 94. Hearings to determine the character of land, as practically distinguished, are of two kinds: Ist. Where lands which are sought to be entered and patented as agricultural are alleged by affida\dt to be mineral, or when sought as mineral their non-mineral character is alleged. The proceedings relative to this class are in the nature of a con- test between two or more known parties, and the testimony may be taken on personal notice of at least ten days, duly served on all parties; or, if they cannot be found, then by publication, for thirty days in a newspaper of general circulation, to be designated by the register of the land-office as published nearest to the land in controversy. If publication is made in a weekly newspaper, the THE CHAKACTER OF LANDS. 83 notice must be inserted in live consecutive weekly issues thereof. 2d. When lands are returned as mineral by the Surveyor- General. When such lands are sought to be entered as agricultural, notice must be given by publication for thirty days, as aforesaid. 95. All notices must describe the land, give the name and address of the claimant, the character of his claim, and the time, place, and purpose of the hearing. Proof of service of notice, when personal, must consist of either acknowledgment of service indorsed on the citation (which is al- ways desirable), or the aflBdavit of the party serving the same, giving date, place, and manner of service, indorsed as aforesaid. Proof of publication must be the affidavit of the publisher of the newspaper, stating the period of publication, giving dates, stating whether in a daily or weekly issue, and a copy of the notice so published must be attached to, and form a part of, the affidavit. Proof of posting on the claim must be made by the affidavits of two or more persons who state when and where the notice was posted; that it remained so posted during the prescribed period, giving dates, and a copy of the notice so posted must be attached to, and made a part of, the affidavits. Proof of notice is indispensable to the regularity of proceedings, and must accompany the record in every case. The expense of notice must in every case be paid by the parties thereto. 96. At the hearing there must oe filed the affidavit of the pub- lisher of the paper that the said notice was published for the re- quired time, stating when and for how long such publication was made, a printed copy thereof to be attached and made a part of the affidavit. 97. At the hearing the claimants and witnesses will be thor- oughly examined with regard to the character of the land; whether the same has been thoroughly prospected; whether or not there exists within the tract or tracts claimed any lode or vein of quartz or other rock in place, bearing gold, silver, cinnabar, lead, tin, or copper, or other valuable deposit which has ever been claimed, located, recorded, or worked; whether such work is en- tirely abandoned, or whether occasionally resumed; if such lode does exist, by whom claimed, under what designation, and in which subdivision of the land it lies; whether any placer mine or mines exist upon the land; if so, what is the character thereof — 84 HEARINGS TO ESTABLISH whether of the shallow surface description, or of the deep cement, blue lead, or gravel deposits; to what extent mining is carried on when water can be obtained, and what the facilities are for ob- taining water for mining purposes; upon what particular ten-acre subdivisions mining has been done, and at wliat time the land was abandoned for mining purposes, if abandoned at all. 98. The testimony should also show the agricultural capacities of the land, what kind of crops are raised thereon, and the value thereof; the numberof acres actually cultivated for crops of cereals or vegetables, and within which particular ten-acre subdivision, such crops are raised ; also which of these subdivisions embrace his improvements, giving in detail the extent and value of his improvements, such as house, barn, vineyard, orchard, fencing, etc. 99. It is thought that hona-fide settlers upon lands really agri- cultural will be able to show, by a clear, logical, and succinct chain of evidence, that their claims are founded upon law and jus- tice; while parties who have made little or no permanent agri- cultural improvements, and who only seek title for speculative purposes, on account of the mineral deposits known to themselves to be contained in the land, will be defeated in their intentions. 100. The testimony should be as full and complete as possible; and, in addition to the leading points indicated above, everything of importance bearing upon the question of the character of the land should be elicited at the bearing. 101. Where the testimony is taken before an officer who does not use a seal, other than the register and receiver, the official character of such officer must be attested by a clerk of a court of record, and the testimony transmitted to the register and receiver, who will thereupon examine and forward the same to the office, with their joint opinion as to the character of the land as shown by the testimony. 102. When the case comes before this office, such an award of the land will be made as the law and the facts may justify; and in cases where a survey is necessary to set apart the mineral from the agricultural land in any forty-acre tract, the necessary instructions will be issued to enable the agricultural claimant, at his oion expense, to have the work done, at his option, either by United States deputy, county, or other local surveyor; the survey in such case may be executed in such manner as will segregate the portion of land, actually containing the mine, and used as surface-ground '' * THE CHARACTER OF LANDS. 85 for the convenient working thereof, from the remainder of the tract, which remainder will be patented to the agriculturist to whom the same may have been awarded, subject, however, to the condition that the land may be entered upon by the pro- prietor of any vein or lode for which a patent has been issued by the United States for the purpose of extracting and removing the ore from the same, where found to penetrate or intersect the land so patented as agricultural, as stipulated by the mining act. 103. Such survey when executed must be properly sworn to by the surveyor, either before a notary public, office of a court of record, or before the register or receiver, the deponent's character and credibility to be properly certified to by the officer administer- ing the oath. 104. Upon the filing of the plat and field-notes of such survey, duly sworn to as aforesaid, you will transmit the same to the Surveyor-General for his verification and approval; who, if he finds the work correctly performed, will properly mark out the same upon the original township plat in his office, and furnish authentical copies of such plat and description, both to the proper local land-office and to this office, to be affixed to the duplicate and triplicate township plats respectively. 105. In cases where a portion of a forty-acre tract is awarded to an agricultural claimant and he causes the segregation thereof from the mineral portion, as aforesaid, such agricultural portion will not be given a numerical designation as in the case of sur- veyed mineral claims, but will simply be described as the "Frac- tional quarter of the quarter of section, , in township , of range , meridian, containing acres, the same being exclusive of the land adjudged to be mineral in said forty-acre tract." 106. The surveyor must correctly compute the area oi such agricultural portion, which computation will be verified by the Surveyor-General. 107. After the authenticated plat and field-notes of the survey have been received from the Surveyor-General, this office will issue the necessary order for the entry of the land, and in issuing the receiver's receipt and register's patent certificate you will invariably be governed by the description of the land given in the order from this office. 108. The fees for taking testimony and reducing the same to writing in these cases will have to be defrayed by the parties in 86 MINING LANDS. interest. Where sucli testimony is taken before any other oflGicer than the register and receiver, the register and receiver will be entitled to no fees. 109. If, upon a review of the testimony at this office, a ten- acre tract should be found to be properly mineral in character, that fact will be no bar to the execution of the settler's legal right to the remaining non-mineral portion of his claim, if contiguous. 110. No fear need be entertained that miners will be permitted to make entries of tracts ostensibly as mining-claims, which are not mineral, simply for the purpose of obtaining possession and defrauding settlers out of their valuable agricultural improve- ments; it being almost an impossibility for such a fraud to be con- summated under the laws and regulations applicable to obtaining patents for mining-claims. 111. The fact that a certain tract of land is decided upon testi- mony to be mineral in character is by no means equivalent to an award of the land to a miner. A miner is compelled bylaw to give sixty days' publication of notice, and posting of diagrams and notices, as a preliminary step; and then, before he can enter the land, he must show that the land yields mineral; that he is entitled to the possessory right thereto in virtue of compliance with local customs or rules of miners, or by virtue of the statute of limitations; that he or his grantors have expended, in actual labor and improvements, an amount of not less than five hundred dollars thereon, and that the claim is one in regard to which there is no controversy or opposing claim. After all these proofs are met, he is entitled to have a survey made at his own cost where a survey is required, after which he can enter and pay for the land embraced by his claim. 112. Blank forms for proofs in mineral cases are not furnished by the General Land-Office. Respectfully, N. C. McFAKLAND, Cotninissioner. Department of Interior, October 31, 1881. Approved. S.J. KIRKWOOD, Secretary. MINING STATUTES. • 87 Mining Statute of Jixly 26, 1866. The follpwing sections of the above act are still in force: Section 5. And be it further enacted, That, as a further con- dition of sale, in the absence of necessary legislation by Congress, the local Legislature of any State or Territory may provide rules for working mines, involving easements, drainage, or other neces- sary means to complete development; and those conditions shall be fully expressed in the patent. Sec. 7. That the President of the United States be, and he is hereby, authorized to establish additional land districts, and to appoint the necessary officers, under existing laws, whenever he may deem the same necessary for the public convenience in exe- cuting the provisions of this act. Sec. 8. That the right of way for the construction of highways over public lands, not reserved for public uses, is hereby granted. Sec. 9. That whenever, hy priority of possession, rights to the use of water for mining, agricultural., or other purposes, have 'vested and acoi'ued, and, the same are recognized and acknowledged by the local customs, laws, and the decisions of the courts, the possessors and owners of such vested rights shall he maintained and protected In the same; and the right of way for the construc- tion of ditches and canals for the purposes aforesaid, is hereby acknowledged' and confirmed ; Provided, however, That whenever, after the passage of this act, any person or persons shall, in the construction of any ditch or canal, injure or damage the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the injured party for such injury or damage. Sec. 10. That whenever, prior to the passage of this act, upon lands heretofore designated as mineral lands, which have been excluded from survey and sale, there have been homesteads made by citizens of the United States, or persons who have declared their intentions to become citizens, which homesteads have been made, improved, and used for agricultural purposes, and upon which there have been no valuable mines of gold, silver, cinnabar, or copper discovered, and which are properly agricultural lands, the settlers or owners of such homesteads have a right of pre-emption hereto, and shall be entitled to purchase the same at the price of o'lie dollar and twentyfive cents per acre., and in quantity not exceeding one hundred and sixty acres; or said parties may avail themselves of the provisions of the act of Congress, approved 88 MINING STATUTES. May twentieth, eighteen hundred and sixty-two, entitled, "An Act to secure Homesteads to Actual Settlers on the Public Domain," and acts amendatory thereof. Sec. 11. That upon the survey of the lands aforesaid, the Secre- tary of the Interior may designate and set apart such portions of the said lands as are clearly agricultural lands, which lands shall thereafter be subject to pre-emption and sale as othtr public lands of the United States, and subject to all the laws and regulations applicable to the same. Approved July 26, 1866. Milling Statute of July 9, 1870. AN ACT to amend an act granting the right of way to ditch and canal owners over the public lands, and for other purposes. [The following sections of the above entitled act are still in force.] Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled, That the act o-ranting the right of way to ditch and canal owners over the public lands, and for other purposes, approved July twenty-sixth, eighteen hundred and sixty-six, be, and the same is hereby, amended, hy adding thereto the folloiuing additional sections, numbered twelve, thirteen, fourteen, fifteen, sixteen and seventeen respectively, which shall hereafter constitute and form a part of the aforesaid act. Section 12. That claims usually called "placers," including all forms of dejyosit except veins of quartz or other rock in place, shall he subject to entry and patent under this act, under like cir- cumstances and conditions, and upon similar proceedings as are provided for vein or lode claims: Provided, That where the lands have been previously surveyed by the United States, the entry, in its exterior limits, shall conform to the legal subdivisions of the public lands no further survey or plat in such case being required, and the lands may be 2>ci'id for at the rate of two dollars and fifty cents per acre : Provided further, That legal subdivisions of forty acres may be subdivided into ten-acre tracts, and that two or more persons, or associations of persons, having contiguous claims of anv size, although such claims may be less than ten acres each, may make joint entry thereof: And provided further, That no location of a phxcer-claim liereafter made shall exceed one hundred and sixty acres for any one person or association of persons, which MINING STATUTES. ■ 89 location shall conform to the United States surveys; and nothing in this section contained shall defeat or impair any hona-fide pre- emption or homestead claim upon agricultural lands, or authorize the sale of any hona-fide settler to any purchaser. Sec. 13. That where said person or association, they and their grantors, shall have held and worked their said claims for a period equal to the time prescribed by the statute of limitations for min- ing claims of the State or Territory where the same maybe situated, evidence of such possession and working of the claims for such period shall be sufficient to establish a patent thereto under this act, in the absence of any adverse claim: Provided, however. That nothing in this act shall be deemed to impair any lien which may have attached in any way whatever to any mining claim or property thereto attached prior to the issuance of a patent. Sec. 14. That all ex parte affidavits required to be made under this ace, or the act of which it is amendatory, may be verified be- fore any officer authorized to administer oaths within the land dis- trict where the claims are situated. Sec. 15. That the registers and receivers shall receive the same fees for services under this act as are provided by law for like services under other acts of Congress ; and that effect shall be given to the foregoing act according to such regulations as may be pre- scribed by the Commissioner of the General Land-Office. Sec. 16. That so much of the act of March third, eighteen hun- dred and fifty-three, entitled, "An Act to Provide for the Survey of the Public Lands of California, the Granting of Pre-emption Rights, and for other purposes," as provides that none other than township lines shall be surveyed where the lands are mineral, is hereby repealed; and the public surveys are hereby extended over all such lands; Provided, That all subdividing of the surveyed lands into lots of less than one hundred and sixty acres may be done by county and local surveyors, at the expense of the claim- ants: And provided further, That nothing herein contained shall require the survey of waste or useless land. Sec. 17. That none of the rights conferred by sections five, eight, and nine of the act of which this is amendatory, shall be abrogated by this act; and the same are hereby extended to all public lands affected by this act; and all patents granted, or pre-emptions or homesteads allowed, shall be subject to any vested and accrued water -rights, or rights to ditches and reservoirs used in connection with such water-rights as may have been acquired under or recog- nized the ninth section of the act of wliich this is amendatory. 90 MINING STATUTES. [The foregoing is the entire substance of the act, the exception of Sutro's tunnel being alone omitted.] Approved July 9, 1870. The foregoing constitute the present laws of Congress respecting mining claims anywhere within the United States; and control the location and extent of all mining claims in districts which do not confine claimants to smaller quantities. Where mining districts are not organized or have become obsolete, the claims should be recorded with the county recorder of the county in which the claim is located, and in Nevada now, in all cases it is better, at least, to do so. The italics in the body of the sections have been inserted for convenience. In the case of the Flagstaff Silver Minmg Company v. Helen Tarbet (Utah), the Supreme Court of the United States laid down the following suggestive rules: First. The location of a mining claim upon a lode or vein of ore should be laid along the same lengthwise of its course, at or near the surface, both under the Mining Act of 1866 and that of 1872. Second. Each locator is entitled to follow the dip of the lode or vein to an indefinite depth, even though it carries him outside of the side lines of the location, but this right is based on the hypo- thesis that the side lines substantially correspond with the course of the lode or vein at the surface, and that it is bounded at each end by the end lines of the location, crossing the lode or vein and extended perpendicularly downward and indefinitely in their own direction. Third. If the location be laid crosswise of the lode or vein, so that its greatest length crosses the same instead of following the "course thereof, it will secure only so much of the vein as it actually crosses at the surface, and the side lines of the location will become the end lines thereof, for the purpose of defining rights of owners. Fourth. A locator working subterraneously into the dip of the vein belonging to another locator, who is in possession of his loca- tion, is a trespasser and liable to action for taking ore therefrom. In accordance with these principles this court holds that the Flag- staff Company is outside of its rightful boundaries, and it there- fore affirms the judgment of the lower court in favor of Helen Tarbet. CHAPTER V. FORMS REQUTRED UNDER MINING ACT OF MAY 10, 1872, AND OTHER MINING FORMS. Form A. — Notice of Location. Notice is hereby given that the undersigned, having complied with the requirements of the mining act of Congress, approved May 10, 1872, and the local customs, laws, and regulations, has located fifteen hundred linear feet on the lode (twenty acres of placer mining ground) situated in mining district, county, , and described as follows : [Describe the claim accurately, by courses and distances, if possible ; by legal subdivisions, if a placer claim is located on surveyed land.] [Name of locator.] Located 18 — . Recorded 18 — . Record of location notices, in absence of a district recorder should,be made with the proper recorder of deeds for the county wherein the claim is situated. The affidavits of at least two disin- terested persons that all the requirements of the Congressional and local laws have been complied with should also be recorded, sub- stantially as follows : Territory of- , [ County of . f ^^- and , each for himself, and not one for the other, being first duly sworn, deposes and says, that he is of lawful age, and a citizen of the United States ; that he has read the notice of location of fifteen hundred feet on the lode, by Richard Roe ; that the description of said lode, viz.: [Give description.] as therein given is true and correct; that the said Richard Roe has, in every respect fully complied with the requirements of the (91) 92 MINING FORMS. mining act of Congress, approved May 10, 1872, and the local customs and laws regulating mining locations. Subscribed and sworn to before me, this day of , a. d. 13 — ^ and I hereby certify that I consider the said and credible and reliable persons. [seal.] Notary Public (or other officer using a seal). Form B. — Request for Survey. , 18- -, Esq., U. S. Surveyor-General. Sm : In accordance with the provisions of the mining act of May 10, 1872, I have the honor to apply for an official survey of the mining claim known as the mine, situated in mining district, county, in township of range , meridian, of , and request an estimate of the amount to be deposited for the work to be done in your office. Thereafter I have to request that you will issue the necessary instructions to , Esq., U. S. Deputy-Surveyor, with whom I have made satisfactory arrangements for field work in surveying the premises. Very respectfully, , Claimant. P. O. address, , County, [Note.— Survey is not required when placer claims embrace legal subdivis- ions.] Form C— Application for Patent. County of Application for ])atent for the mining claim. To the Kegister and Receiver of the U. S. Land-Office at , -, being duly sworn, according to law, deposes and says, that in virtue of a compliance with the mining rules, regulations, and customs, by himself, the said (and his co-claimants, MINING FORMS. 93 ), applicants for patent herein, ba— become the owner— of, and are in the actual, quiet, and undisturbed possession of, and entitled to the possession of linear feet of the vein, lode, or deposit, bearing , together with surface ground feet in width, for the convenient working thereof, as allowed by local rules and customs of miners; said mineral claim, vein, lode, or de- posit and surface ground being situate in the mining district, county of , and of , and being more particularly set forth and described in the official field notes of survey thereof, hereto attached, dated the day of , a. d. 18 — , and in the official plat of said survey, now posted conspicuously upon said mining claim or premises, a copy of which is filed herewith. De- ponent further states that the facts relative to the right of posses- sion of himself (and his said co-claimants hereinbefore named) to said mining claim, vein, lode or deposit and surface-ground, so surveyed and platted, are substantially as follows, to-wit : [Description of claim.] Which will more fully appear by reference to the copy of the original record of location, and the abstract of title hereto attached and made apartof this affidavit ; the value of the labor done and improvements made upon said claim by himself and his grantors, being equal to the sum of five hundred dollars in gold coin of the United States. In consideration of which facts, and in conformity with the provisions of the act of Congress approved May 10, 1872, entitled " An act to promote the development of the mining resources of the United States," application is hereby made for and in behalf of said , and , for a patent from the Government of the United States, for the said ■ mining claim, vein, lode, deposit and the surface-ground, so officially surveyed and platted. Subscribed and sworn to before me, this day of , a. d. 18 — ; and I hereby certify that I consider the above deponent a credible and reliable person, and that the foregoing affidavit, to which was attached the field-notes of survey of the mining claim, was read and examined by him before his signature wa& affixed thereto and the oath made by him. [seal.] [The above form is slightly changed in applying for placer mines.] 94 MINING FOKMS. PormD.— Proof of Posting Notice and Diagram of the Claim. of . ) g County of . f and — — , each for himself and not one for the other, being first duly sworn according to law, deposes and says, that he is a citizen of the United States, over the age of twenty-one years, and was present on the day of , a. d. 18 — , when a plat rep- resenting the , and certified to as correct by the U. S. Sur- veyor-General of , together with a notice of the intention of and to apply for a patent for the mining claim and premises so platted, was posted in a conspicuous place upon said mining claim ; to wit, upon , where the same could be easily seen and examined; the notice so conspicuously posted upon said claim being in words and figures as follows, to wit: "Legal Notice of the application of and for a United States Patent. "Notice is hereby given, that in pursuance of the act of Con- gress, approved May 10, 1872, ' To promote the development of the mining resources of the United States,' and claiming linear feet of the vein, lode, or mineral deposit, bearing , with surface ground feet in width, lying and being situate within the -= — mining district, county of and of has made application to the United States for a patent for the said mining claim, which is more fully described as to metes and bounds, by the official plat, herewith posted, and by the field notes of sur- vey thereof, now filed in the office of the register of the district of lands subject to sale at , which field-notes of survey describe the boundaries and extent of said claim on the surface, with mag- netic variation at east,as follows, to wit: "Beginning, etc., [Full description by courses and distances.] the said mining claim being of record in the office of the recorder of , at , in the county and State aforesaid, the presumed general course or direction of the said vein, lode, or mineral deposit being shown upon the plat posted herewith, as near as can be determined from present developments, this claim being for linear feet thereof, together with the surface ground shown upon the official plat posted herewith; the said vein, lode, and mining premises hereby sought to be patented, being bounded on the by the mining claim, the said claim being designated as Lot No. in the official plat posted herewith. MINING FOKM8. 95 "Any and all persons claiming adversely the mining ground, vein, lode, premises, or any portion thereof so described, surveyed, platted, and applied for, are hereby notified that unless their adverse claims are duly filed according to law, and the regulations thereunder, within sixty days from the date hereof, with the Register of the U. S. Land-Office, at , in the of , they will be barred, in virtue of the provisions of said statute." [Name of applicant] Dated on the ground, this day of , a. d. 18 — . [Names of witnesses.] Subscribed and sworn to before me, this day of a. d. 18 — , and I hereby certify that I consider the above deponents credible and reliable witnesses, and that the foregoing affidavit and notice were read by each of them before their signatures were affixed thereto, and the oath made by them. , Notary Public. All proofs required in mining applications may be sworn to be- fore the register or receiver of the land-office, or a notary public, or other officer authorized to administer oaths, whose official char- acter must be verified under seal. Form E. — Proof that Plat and Notice Remained Posted on Claim During Publication. of , ) g County of . j , being first duly sworn according to law, deposes and says that he is claimant (and co-owner with ) in the mining claim, — mining district, county, ; the official plat of which premises, together with a notice of intention to apply for a patent therefor, was posted thereon on the — ■ — day of , a. d. 18 — , as fully set forth and described in the affidavit of and dated the day of , a, d. 18 — , which affidavit was duly filed in the office of -the register at , in this case; and that the plat and notice so mentioned and described remained continuously and conspicuously posted upon said mining claim from the day of , A. D. 18 — , until and including the day of , a. d. 18 — , including the sixty days period during which notice of said application for patent was published in the newspaper. A. D. Subscribed and sworn to before me, this day of — 18 — ; and I hereby certify that the foregoing affidavit was read to 96 MINING FORMS. the said , previoua to his name being subscribed thereto; and that deponent is a respectable person, to whose affidavit full faith and credit should be given. [seal.] Notary Public. Form F.— Register's Certificate of Posting Notice for Sixty Days. XJ. S. Land-Office at , , 18-. I hereby certify that the official plat of the lode was filed in this office on the day of , a. d. 18 — , and that the attached notice of the intention of to apply for a patent for the mining claim or premises entered by said plat, and described in the field-notes of surveys thereof, filed in said application, was posted conspicuously in this office on the day of , a. d. 18 — , and remained so posted until the day of , a. d. 18 — , being the full period of sixty consecutive days, as required by law; and that said plat remained in this office during that time, subject to examination, and that no adverse claim thereto has been filed. Register. [The notice posted in the oflSce should be attached to this certificate.] Form G. — Agreement of Publisher. The undersigned publisher and proprietor of the , a daily and weekly newspaper, published at , county of , and of , do hereby agree to publish a notice, dated U. S. Land- office, required by act of Congress, approved May 10, 1872, of the intention of to apply for a patent for his claim on the lode, situated in mining district, county of , of , and to hold the said alone responsible for the amount due for publishing the same. And it is hereby expressly stipulated and agreed that no claim shall be made against the Government of the United States, or its officers or agents, for such publication. Witness ray hand and seal this day of , a. d. 18 — . Witness : MINING FORMS. 97 Form H. — Proof of Publication. ■, I ^^- of , ^ County ol being first duly sworn, deposes and says that he is the of the , a newspaper published at , in county, in the of , that the notice of application for a patent for the mining claims, of which a copy is hereto attached, was first pub- lished in said newspaper, in its issue dated the of , 18 — , and was published in each (daily or weekly) issue of said newspa- per for fifty-nine consecutive days or eight consecutive weeks there- after the full period of sixty days, the last publication thereof being in the issue dated the day of , 18 — . Subscribed and sworn to before me this day of , a. d- 18-. , [seal.] Notary Puhlic. Form I. — Affidavit of Five Hundred Dollars Improve- ments. of- County of • -,} ss. and , of lawful age, being first duly sworn according to law, depose and say that they are acquainted with the mining claim in mining district, county and aforesaid, for which has made application for patent under the pro- visions of the act of Congress, approved May 10, 1872, and that the labor done and improvements made thereon by the applicant and his grantors exceed five hundred dollars in value. Subscribed and sworn to before me, this day of , a. d. 18—. Form J. — Statement and Charge of Fees. -of ) County of — , f ^^* ' being first duly sworn according to law, deposes and says that he is the applicant for patent for the lode in mining district, county of , of , under the provisions of the act of Congress approved May 10, 1872, and that in the prosecution of said application he has paid out the following amount; viz., 98 MINING FORMS. To the credit of the Surveyor-General's office, dollars; for surveying, , dollars; for filing in the local land-office, dollars; for publication of notice, dollars, and for the land embraced in his claim, dollars. Subscribed and sworn to before me, this day of a. d. 187—. [Seal.] , Notary Public. Porm K. — Proof of O-wnership and Possession in Case of IjOSS or Absence of Mining Records. of , \ gg County of . [ - and , each for himself, and not one for the other, being first duly sworn according to law, deposes and says, that he is a citizen of the United States, over the age of twenty -one years, and a resident of county, , and has resided in min- ing district, wherein the mine is situate, since day of , 18 — . That since said date he has been acquainted with the mine, and with the possessors and workers thereof. That said mine was located and has been possessed and worked in accordance with the customs and usages of miners in said district, and in conformity with the rules and regulations regulating the location, holding and working of mining claims, in force and observed in the State of . That there are no written records known to deponent existing in said mining district. That affiant is credibly informed and believes that the — mine was located in the year 18 — , and that if any record was made of said location, and of the names of locators, the same has not been in existence for a long number of years past, and that by reason thereof the names of locators can not now be ascertained, and no abstract of title from locators to the present owner can be made. That the possession of applicant and his predecessors in interest of said mine, has been actual, notorious, and continuous, to the positive knowl- edge of deponent, since his residence in said mining district, and that such possession has been perfected and maintained in con- formity with mining usages and customs, and has been acquiesced in and respected by the miners of the said district. That appli- cant's riglit to the said mine is not in litigation within the knowledge of affiant, and that no action or actions have been com- MINING KOKMS. 99 meiiced, affecting the right to said mine since his acquaintance therewith (and that the time for the commencement thereof, as required to be instituted undsr the provisions of the Statute of Limitations of the of has long since elapsed). That applicant and his predecessors in interest have expended in the improvement, development, and working of said mine, a sum of money exceeding dollars, as follows, to wit: . Subscribed and sworn to before me, this day of , a. d. 18 — , and I certify that the atbren-amed and are credible and respectable persons, to whose affidavits full faith and credit should be given. [seal.] . Form L.— AflB-davit of Citizenship. "f ■ County of |. being first duly sworn according to law, deposes and says, that he is the applicant for patent for mining claim, situate in mining district, county of ; that he is a na citizen of the United States, born in the county of , State of , in the year 18 — , and is now a resident at . Subscribed and sworn to before me, this day of , a. d. 18—. [seal.] • [Note— Naturalized citizens are required to furnish certified copies of their naturalization papers.] Form M.— Certificate that no Suit is Pending. «f Iss County of . f I, , clerk of the court in and for county, , do hereby certify that there is now no suit or action of any character pending in said court, involving the right of possession to any por- 100 MINING FORMS. tion ot the mining claim, and that there has been no litiga- tion before said court affecting the title to said claim, or any part thereof, for years last past, other than what has been finally decided in favor of . In witness whereof, I have hereunto set my hand and aflSxed the seal of said court, at my office in , this day of , a. d. 18—. [seal.] ' Clerk of the Courts . Form N.— Power of Attorney. Know all men by these presents, that we, and , do hereby constitute and appoint as our attorney in fact, for us and in our names to make application to the United States for the entry and purchase of certain Government lands, in mining (district, county, of , known as the mining claim and premises; and to have the same surveyed, and to take any and all steps that may be necessary to procure from the Government of the United States a patent to the said lands and premises, grant- ing the same to us. And to do all other acts appertaining to the said survey and entry aforesaid, as we ourselves could do by our own act, and in our own proper person. In witness whereof, we have hereunto set our hands and affixed our seals the day of , a. d. 18 — . of ss. County of — Personally appeared, etc. [Usual acknowledgment] Form O. — Protest and Adverse Claim. United States Land Office, of . In the matter of the application of for a United States patent for the lode or mining claim and the land and premises appertaining to said mine, situated in the mining district in county, of . To the Register and Receiver of the United States Land-Office MINING FORMS. ' 101 at , and to the above-named applicant for patent for the lode. You are hereby notified that , of the of , county of and of , and a citizen of the United States of America, is the lawfiil owner, and entitled to the possession of hundred feet of the said lode or mine described in said appli- cation, as shown by the diagram posted on said claim, and the copy thereof filed in the land-office with said application, and as such owner this contestant, the said , does protest against the issuing of a patent thereon to said applicant, and does dispute and contest the right of said applicant therefor. And this contestant does present the nature of his adverse claim, and does full}'- set forth the same in the affidavit hereto attached, marked Exhibit "A," and the further exhibits thereunto attached, and made part of said affidavit. That said therefore respectfully asks the said register and receiver that all further proceedings in the matter be stayed, until a final settlement and adjudication of the rights of this contestant can be had in a court of competent jurisdiction. [Place and date.] [Exhibit ''A."] of County of . | * being first duly sworn, deposes and says, that he is a citizen of the United States, born in the State of , and now residino- in ; that he is the contestant and protestant named in, and who subscribed the notice and protest hereto annexed. Affiant farther says that he is the owner by purchase and in possession of the (ad- verse) lode or vein of quartz and other rock in place, bearing and other metals. That said lode is situated in the mining district, county, of . [The history of the lode may be given, if deemed advisable, as follows :] This affiant further says, that on the day of its location the prem- ises hereinafter described were mineral lands of the public domain, and entirely vacant and unoccupied, and were not owned, held, or claimed by any person or party as mining ground or otherwise, and that while the same were so vacant and unoccupied and unclaimed to wit, on the day of , 18—, [name locators], each and all of them being citizens of the United States, entered upon and explored the premises, discovered and located the said lode. 102 MINING FORMS. and occupied the same as mining claims. That the said premises 80 located and appropriated consist of thousand feet in a er- ly direction, and thousand feet in a erly direction, together with all the dips, spurs, angles, depths, widths, offshoots and varia- tions, as will fully appear by reference to the notice of location, a duly certified copy whereof is hereunto annexed, marked Exhibit "B," and hereby made a part of this affidavit. That said locators, after the discovery of said lode, drove a stake on said lode on the discovery claim, erected a monument of stone around said stake, and placed thereon a written notice of location, describing the claim so located and appropriated, giving the names of the locators and quantity taken by each, and after doing all the acts and per- forming all the labor required by the laws and regulations of said mining district and Territory of , the locators of said lode caused said notice to be filed and recorded in the proper books of record in the recorder's office in said district on the day of 18—. Affiant further says that the said locators remained continuously in possession of said lode, working upon the same, and within months from the date of said location, had done and performed work and labor on said location, in mining thereon and de- veloping the same, of more than days' work, and expended on said location more than hundred dollars, and, by said labor and money expended upon the said mining location and claim, had developed the same and extracted therefrom more than tons of ore. And affiant further says that said locators in all respects com- plied with every custom, rule, regulation, and requirement of the raining laws, and every rule and custom established and in force in said mining district, and thereby became and were owners (except as against the paramount title of the United States) and the rightful possessors of said mining claims and premises. And this affiant further says that said locators proved and estab- lished to the satisfaction of the recorder of said mining dis- trict, that they liad fully complied with all the rules, customs, regulations, and requirements of the laws of said district, and thereupon the said recorder issued to the locators of said ^lode, certificates confirming their titles and rights to said premises. That the said lode was located and worked by the said locators as tenants in common, and they so continued in the rightful and undis- puted possession thereof, from the time of said locations until on or MINING FORMS. . 103 about the day of , IS — , at which time the said locators and owners of said lode formed and organized under the laws of the State (or Territory) ot •, and incorporated under the name of the " ," and, on the day of , 18 — , each of the locators of said lode conveyed said lode, and each of the rights, titles, and interests in and to said lode, to said " mining company." On the said day of 18 — the said company entered into and upon said lode, and was seized and possessed thereof and every part and parcel of the same, and occupied and mined thereon until the day of 18 — , at which time the said minino- com- pany sold and conveyed the same to this affiant, which said several transfers and conveyances will fully appear by reference to the ab- stract of title and papers hereto attached, marked Exhibit " D, "and made a part of this affidavit. (In case of individual transfers.) And this affiant farther says that the said Richard Roe, who located claim No. 1 northwesterly of the said lode, and the said John Doe, who located claim 'No. 2 northwesterly thereon, were seized and possessed of said claims, and occupied and mined thereon until the day of , 18 — , at whfch time the said Richard Roe and John Doe sold and conveyed the same to John Smith, and thereupon the said John Smith was seized and possessed of said mining claims and loca- tions, and occupied and mined thereon until the dav of 18 — , at which time the said John Smith sold and conveyed the same to this affiant, as will fully appear by reference to the abstract of title and paper hereto attached, marked Exhibit '• D." and which this affiant hereby makes a part of this his affidavit. Affiant further says that he is now and has been in the occupa- tion and possession of the said lode, since the day of . 18 — , and that said lode and mining claims were located and the title thereto established several before said (applied for) lode was located. [In case the history of the lode is not traced, the following may be inserted]: And the record title to said (ad- verse) lode is in this affiant, as will fully appear by reference to the abstract of title and paper hereto attached, marked Exhibit "D," and which this affiant hereby makes a part of this his affi- davit. Affiant further says that said lode, as shown by the notice and diagram posted on said claim and the copy thereof filed in the United States Land-Office at said ■, with said application for a patent, crosses and overlaps said lode, and embraces about 104r MINING FORMS. hundred feet in length by hundred feet in width of the said lode, the property of this affiant, as fully appears by reference to the diagram or map duly certified by United States Deputy Surveyor, hereto attached, marked Exhibit "C," and which diagram presents a correct description of the relative locations of the said (adverse) lode and of the (pretended) (applied for) lode. Affiant further says that he is informed and believes that said applicant for patent well knew that the affiant was the owner in possession and entitled to the possession of so much of said mining ground embraced within the survey and diagram of said applica- tions as is hereinbefore stated, and that this affiant is entitled to all the and other metals in said (adverse) lode, and all that may be contained within a space of feet on each side of said (adverse) lode. nd affiant further says that this protest is made in entire good faith and with the sole object of protecting the legal rights and property of this affiant in the said (adverse) lode and mining premises. Subscribed and sworn to before me this day of a. 18—. [Surveyor's Certificate.] On the diagram marked Exhibit " C " the surveyor must certify- in effect as follows: 1 hereby certify that the above diagram correctly represents the conflict claimed to exist between the and lodes, as actu- ally surveyed by me. And I further certify that the value of the labor and improvements on the ''adverse) lode exceeds five hundred dollars. [Place and date.] TJ. S. Deputy Surveyor. Form P. — Non-Mineral Affidavit. County of of ^ ^^- , being duly sworn according to law, deposes and says that he is the identical , who is an applicant for Government title MINING FORMS. 105 to the ■ ; that he is well acquainted with the character of said described land, and with each and every legal subdivision thereof, having frequently passed over the same; that his knowledge of said land is such as to enable him to testify understandingly with regard thereto; that there is not, to his knowledge, within the limits thereof, any vein or lode of quartz or other rock in place, bearing gold, silver, cinnabar, lead, tin or copper, or any deposit of coal ; that there is not within the limits of said land, to his knowledge, any placer, cement, gravel or other valuable mineral deposit; that no portion of said land is claimed for mining purposes under the local customs or rules of miners or otherwise ; that no portion of said land is worked for mineral during any part of the year by any person or persons; that said land is essentially non- mineral land, and that his application therefor is not made for the purpose of fraudulently obtaining title to mineral land, but with the object of securing said land for agricultural puruoses. Subscribed and sworn to before me, this day of , a. d. 18 — ; and I hereby certify that the foregoing affidavit was read to the said previous to his name being subscribed thereto; and that deponent is a respectable person to whose affidavit full faith and credit should be given. Form Q.— Proof that no Kaown Veins Exist in a Placer Mining Claim. State of , , gg County of — and , of the said county and State, being first duly sworn, each for himself, deposes and says that he is well acquainted with the placer mining claim, embracing (legal subdivisions) situated in the mining district, in the county of and State of , owned and worked by , applicant for United States patent; that for many years he has resided near and often been upon the said mining premises, and that no known vein or veins of quartz or other rock in place, bearing gold, silver, cinna- bar, lead, tin or copper exist on said mining claim, or on any part thereof, so far as he knows, and he verily believes that none exist 106 MINING FORMS. thereon. And further, that ]ie has no interest whatever in the said placer mine of . [To be sworn to before an officer using a seal.] Every requirement of the act of Congress of May 10, 1872, must he cmnjplied with to the letter^ or a patent will not he granted. Further Convenient Notices of Liocation of Mining and Other Claims where there are no district mining laws, or where such laws are in accordance with the mining laws of the United States, or where the mining laws of the district have become inoperative by gen- eral consent of the people of the district or otherwise, are here given. Form. — Notice of Liocation. Notice is hereby given that I, the undersigned, claim fifteen hundred feet, linear measure, on this lode or vein of gold and silver bearing quartz, commencing at this notice and monument, and running northerly therefrom along the line of the lode a dis- tance of eight hundred feet to a monument of stone, and southerly along the line of said lode a distance of seven hundred feet to a monument of stone, with the dips, spurs, and angles of said lode, together with the surface ground on each side of said lode, bounded and described as follows, to wit: Commencing at the monument last named and running easterly therefrom, at a right angle with the general direction of said lode, three hundred feet to a monument of stone; thence at a right angle northerly fifteen hundred feet to a monument of stone; thence at a right angle westerly six hundred feet to a monument of stone; thence at a right angle southerly fifteen hundred feet to a monument of stone, and thence at a right angle easterly three hundred feet to the place of beginning. Said lode and claim shall be called the "Churchman Claim and Lode," and is located under and by virtue of the mining laws of Congress of the United States and the laws of Spanish Belt Mining District, Nye County, State of Nevada. Wm. D. Plum. Spanish Belt., January 3, 1883 MINING FORMS. 107 Instead of the words "a monument of stone," the words "a stake," can be used; or any manner of description can be adopted which will describe the boundaries of the claim thoroughly and definitely. Form. — Notice of Location of a Mining Claim. We, the undersigned, hereby give notice that we claim fifteen hundred feet linear measure on this lode or vein of gold and silver bearing quartz, commencing at this notice and monument and running in a southeasterly direction therefrom, along the line of said lode fifteen hundred feet, with the dips, spurs and angles of said lode, and feet on each side thereof, the corners of our surface-claim being marked with monuments of stone; under and by virtue of the mining laws of mining district, county of , and State of , each of the undersigned being entitled to and claiming an undivided interest of three hundred feet of said lode. The lode shall be known as the lode, and the claim shall be called the mining claim. S. W. Powell. Geo. Paton. B. B. Jackson. Chas. Kimball. W. H. Smith. The foregoing will be sufficient for guides in locating any quartz mining claim. Form 104.— Location of a Spring. l^otice is hereby given to all whom it may concern; That I [or we], the undersigned, claim this spring of water and all the waters flowing therefrom, for culinary and drinking purposes and for purposes of irrigation; also for mining, milling, mechanical, manufacturing and agricultural, and other purposes; together with the land immediately about the same, bounded and described as follows, to wit: Beginning at the stone monument about seventy feet northwest of said spring, and running south therefrom feet to a monument of stone; thence east feet to a stone 108 MESriNG FOaMS. monument; thence north feet to a stone monument, and thence west feet to the place of beginning. county, State of . Claimed and located this day of , a. d. 18 — . John Oaks. A copy of the notice should be recorded with the county recorder of the county in which the spring is situated, and a trench should be dug from the spring to some point, and all the water of the spring turned through the ditch, or it may be con- ducted through a pipe. It would be better to dig out and wall up the spring and to fence the ground, if convenient, around it. It must certainly be so marked as to show the claimant's intention of appropriating it permanently, and the appropriation must be fol- lowed up by acts of ownership. The same rule will apply to the following: Form*105.— Claim of Water Right. Notice is hereby given to all whom it may concern : That we, the undersigned, claim two hundred inches, miners' measurement [or all], of the waters of this creek for milling, manufacturing, agricultural, and culinary purposes, and for such other purposes as we may desire to use the same; together with so much of the ground, rock, and earth about this point on said stream as may be necessary for the construction and maintenance of a dam across said stream. The point at which we take the waters of said stream for the purposes aforesaid is described as follows, to wit: Commencing at the large point of rocks about feet from this notice on the right bank of said stream, and running thence across the stream along the line of rocks thrown into the stream as a temporary and partial dam, to the opposite bank of said stream, near to the large ]jine-tree on its left bank. This claim shall be known as the " Three P. Water Right." County of , State of '&" Located and claimed this • day of , a. d. 18 — . S. G. Stebbins. C. A. Richardson. J. A. Caldwell. A. M. Elswortii. MINING FORMS. • 109' Form of Claim of Water for Mill Purposes. I hereby claim the waters of this stream for my use and benefit in a quartz-mill which I intend to erect near said stream [or at some lower point] and for other purposes; and I hereby appropriate the said waters to my use by the dam erected across said stream at this place, and by the race leading therefrom and conducting the waters from this point. Located and claimed on the day of a. d. 18 — . County of State of . Eli Johnson. The notice should be filed with and recorded by the county recorder. Notice to Delinquent Co-owner in Mine. To Petek Smeedes: You and your representatives and successors in interest are hereby notified that we [or I] have performed work and labor on the Pittsburg mine and ledge, situated in the Eureka Mining District, in Eureka County, State of Nevada, to the amount and value oi three hundred dollars during the past two years; to wit, from the month oi January, a. d, 1881, to and including the year A. D. 1882, the same being one hundred OMd fifty dollars for each year; that your proportion of the cost of said work and labor for the said two years is as follows, to wit: Peter Smeedes 500 feet $100; and you and each of you are hereby notified that if you fail to contribute your said proportion of the cost' of said work and labor within one hundred and eighty (180) days from the date hereof, your interest in said Pittsburg mine and ledge will become the .property of the undersigned, your co-owners in said mine, who have made the said expenditures and performed said work and labor, in accordance with and by virtue of the laws of Congress in such case made and provided. (Section 2324 of the Revised Statutes of the United States.) Eureka^ Nevada, \ "Wm. P. Stimlek, January 2, 1883. \ M. R. Lyon. [At the end of ninety days afler the ninety days of publication or service have expired if the money has not been paid by the co-owner, the title vests absolutely in the publishing co-owner; but in order to make the title a matter of record, a copy of the 110 MINING CLAIMS. notice with a proper affidavit of the rnarmer of its service, should be filed in the office of the county recorder of the county in which the claim is located and recorded.] MrSITNG CLAIMS. Regulations Governing Applications for Patents. The Secretary of the Interior has issued an important circular to Registers, Receivers and Surveyors-General, with reference to placer claims, amendatory of the circular of October, 1881, in which the mining laws were summarized. It is directed against the consolidation of claims in one application for a patent, and was made necessary by the decision of the Supreme Court in the case of the St. Louis Smelting and Refining Company against Kemp, in which it was decided that the department had authority to allow the consolidation of claims. In the circular the Secretary directs that in the recognition of an application for a patent upon a placer claim care must be exercised in determining the classifica- tion of the land, to which end the clearest evidence of which the case is capable must be presented. If the claim be of placer ground, that must be stated in the application and corroborated by accompanying proofs. If of mixed placers and lodes, it should be so set out, with a description of all known lodes situated within the boundaries of the claim. A specific declaration, as required by statute, must be furnished to each lode to be claimed. All other lodes are by the silence of the applicant excluded from all claim by him. The Secretary calls attention to the clauses of Section 2895, Revised Statutes, which require surveyors to note on^their field books the due situation of all mines, salt licks, salt springs, etc., which come to their knowledge; also, all water-courses over which their lands run and the quality of the land. The Description is to be incorporated in the plat by the Surveyor- General, and the Secretary says if these instructions are followed they will furnish a reasonable guide to the district officers and the claimants in prosecuting their applications, but adds that experience has shown that great neglect has resulted from inattention to the law in this respect, so that regular plats are of very little value. It will, MINING CLAIMS. ' 111 therefore, be required in the future that deputy surveyors shall, at the expense of the parties, make a full examination of all placer claims and duly note the fact, stating the quality and composition of the soil, the kind and amount of timber and other vegetation, and such other matters as may be proper upon the survey of the claims. This examination should include the character and extent of all surface and underground workings, whether placer or lode, for mining purposes. In addition to these requirements of the law, the circular says the deputy sl>ould report with reference to the proximity of centers of trade or residence; also well-known systems of lodes or individual lodes, and as to the adaptability of the claim for placer mining; whether water has been brought upon it in sufficient quantity to mine the same, or whether it can be pro- vided; and, finally, as to the work done by or the expenditures made by the claimants. It requires that the deputy shall report his examinations under oath to the Surveyor-General, a copy to be furnished with the application for patent to the claim and included in the oath of the applicant. The circular also provides that these regulations shall govern all applications for surveys of lands yet un surveyed. October, 1882. CHAPTEE VI- STATE ANT TERRITORIAL MINING AND WATER LAWS. AKIZONA. Location and Registry. AN ACT providing for the location and registration of mines and mineral de- posits, and for other purposes. Section 1. — Mining Districts. — The mining districts heretofore created in the several counties of this territory are hereb}^ author- ized and empowered to make all necessary rules and regulations for the location, registry, and working of mines therein : Provided, That all locations and registrations of mines and mineral deposits hereafter made in any of the said districts, shall be transmitted to the county recorder for record, within sixty days after the same shall have been located. Sec. 2. — County Recorders — Fees. — -The county recorders of the several counties are authorized and required to procure suitable books in which the records of all mines and mineral deposits shall be kept, which said books shall be paid for out of the county treasury, and they shall receive for their services herein the fol- lowing fees : For recording and indexing each claim not exceeding one folio, one dollar; and for each additional folio, twenty cents. Sec. 3. — 'Prior Localions. — Nothing in this act shall be so construed as to affect the claims to mines and mineral deposits heretofore located and duly recorded. Sec. 4. — Territorial Claims. — The claim of the Territory to all mining claims lieretofore located is hereby abandoned, and the same arc hereby declared open to re-location and registry: Pro- vlderl, That nothing herein contained shall be so construed as to affect mining claims heretofore sold and disposed of by the Terri tory. (112) WATER RIGHTS. 113 Sec. 5. — Placer Mines. — Nothing in this act shall be construed to apply to placer mines or mining, or other mineral deposits than those commonly called veins or lode mines. %E.c. ^.—Repeal. — Chapter fifty of the Howell Code, entitled, "Of the Registry and Government of Mines and Mineral De- posits," as well as all other acts or parts of acts in conflict with the provisions of this act, are hereby repealed. Sec. 7. — When Effective. — This act shall take eftect and be in force from and after the first day of January, a. d. eighteen hun- dred and sixty-seven. Approved November 5, 1866. [Compiled Laws, p. 533.] CALIFORNIA Water Rights. 1410. The right to the use r from which they are kept out of possession by threats, or whenever such possession was taken from him or them by entry of the adverse party on Sunday, or a legal holiday, or while the party in posses- sion was temporarily absent therefrom. The granting of such writ to extend only to the right of possession under the facts of the case in respect to the manner in which the possession was obtained, leaving the parties to their legal rights on all other ques- tions as though no such writ had been issued. Sec. 3. — Unlawful Entry. — In all cases where two or more per- sons shall associate themselves together for the purpose of obtain- ing the possession of any lode, gulch, or placer claim, then in the actual possession of another, by force and violence, or threats of violence, or by stealth, and shall proceed to carry out such purpose by making threats against the party or parties in possession, or who shall enter upon such lode or mining claim for the purpose aforesaid, or who shall enter upon or into any lode, gulch, placer claim, quartz-mill, or other mining property, or not being upon such property, but within hearing of the same, shall make any threats, or make use of any language, signs, or gestures calculated to intimidate any person or persons at work on said property f^-om continuing to work thereon or therein, every such person so offend- ing shall, on conviction thereof, be fined in a sum not to exceed two hundred and fifty dollars, and be imprisoned in the county jail not less than thirty days nor more than six months; such fine to be discharged either by payment or by confinement in said jail until such fine is discharged at the rate of two dollars and fifty cents ($2,50) per day. On trials under this section, proof of a common purpose of two or more persons to obtain possession of property as aforesaid, or to intimidate laborers as above set forth, accompanied or followed by any of the acts above specified, by any of them, sliall be oufficient evidence to convict anyone committing such acts, although the parties may not be associated together at the time of committing the same. Sec. 4. — Quiltij of Murder. — If any person or persons shall associate and agree to enter or attempt to enter by force of num- bers and the terror such numbers are calculated to inspire; or by force and violence, or by threats of violence against any person or persons in the actual possession of any lode, gulch, or placer claim; and upon such entry, or attempted entry, nny (>erson or persons shall be killed, said persons, and all and each of them so PLACER MINING CLAIMS. 123 eDterin^ or attempting to enter, shall be deemed guilty of murder in the iirst degree, and punished accordingly. Upon the trials of such cases, any person or parties cognizant of such entry, or attempted entry, who shall be present, aiding, assisting, or in any wise encouraging such entry, or attempted entry, shall be deemed a principal in the commission of said oftense. Sec. 5. This act shall take effect and be in force from and after its passage. Approved February 13, 1874. Placer Mining Claims. Be it enacted hy the General Assembly of the State of Colorado: Section 1. The discoverer of a placer claim shall, within thirty days from the date of discovery, record his claim in the office of the recorder of the county in which said claim is situated, by a location certificate, which shall contain: First, The name of the claim, designating it as a placer claim ; Second, The name of the locator; Third, The date of location; Fourth, The number of acres or feet claimed; and. Fifth, A description of the claim by such reference to natural objects or permanent monuments as shall identify the claim. " Before tiling such location certificate, the discoverer shall locate his claim: First, By posting upon such claim a plain sign or dotice, containing the name of the claim, the name of the locator, the date of the discovery, and the number of acres or feet claimed; Second, By marking the surface boundaries with substantial posts, and sunk in the ground, to wit: One at each angle of the claim. Sec. 2. On each placer claim of one hundred and sixty acres or more heretofore or hereafter located, and until a patent has been issued therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made by the first day of August, 1879, and by the first day of August of each year there- after. On all placer claims containing less than one hundred and sixty acres, the expenditure during each year shall be such pro- portion of one hundred dollars as the number of acres bears to one hundred and sixty. On all placer claims containing less than twenty acres, the expenditures during each year shall not be less tlian twelve dollars; but when two or more claims lie contiguous, and are owned by the same person, tlie expenditure hereby 124 COLORADO. required for each claim may be made on any one claim; and upon a failure to comply with these conditions, the claim or claims upon which such failure occurred shall be open to relocation, iii the same manner as if no location of the same had been made: Pro- vided^ That the original locators, their heirs, assigns, or legal rep- resentatives, have not resumed work upon the claim after failure and before such location: Provided^ The aforesaid expenditures may be made in building and repairing ditches to conduct water upon such ground, or in making other raining improvements nec- essary for the working of such claim. Upon the failure of any one of several co-owners to contribute his proportion of the expenditures required hereby, the co-owners who have performed the labor or made the improvements may, at the expiration of the year, to wit, the first of August, 1879, for the locations heretofore made, and one year from the date of loca- tions hereafter made, give such delinquent co-owner personal notice in writing, or, if he be anon-resident of the State, a notice by pub- lication iu the newspaper published near the claim for at least once a week for ninety days, and mailing him a copy of such news- paper if his address be known; and if at the expiration of ninety days after such notice in writing, or after the first publication of such notice, such delinquent should fail or refuse to contribute his proportion of the expenditure required by this action [sec- tion], his interest in the claim shall become the property of his co-owners, who have made the required expenditures. [The foregoing was filed in the office of the Secretary of State by the Governor, March 12, 1879, without his' signature, and became a law under Section 11, Art. IV., Constitution of Col- orado.] MISCELLANEOUS GENERAL LAWS, 1877. Taxation. Extract from the Constitution of Colorado. Art. X., Sec. ?>.— Miners Exempt. —Fs.gQ 58. Mines and raining claims bearing gold, silver, and other precious metals (except the net proceeds and surface improvements thereof), shall be exempt from taxation for the period of ten years from the date of the adoption of this Constitution (July 1, 1876), and thereafter may be taxed as ])rovided by law. PENAL PROVISIONS. 125 Penal Provisions. 764. Sec. 169. — False Weights. — If any person shall know- ingly have, keep, or use any false or fraudulent scales or weights for weighing gold or gold dust, or any other article or commodity, every such person so offending shall, on conviction, be fined not exceeding five hundred dollars, or imprisoned in the county jail not exceeding six months. 765. Sec. 170. — Punishment fen' Certain Mill- Owners. — The owner, manager, or agent of any species of quartz-mill, arastra mill, furnace, or cupel, employed in extracting gold from quartz, pyrites, or other minerals, who shall neglect or refuse to account for or pay over and deliver all the proceeds thereof to the owner of such quartz, pyrites, or other minerals, excepting such portion of said proceeds as he is entitled to in return for his services, shall, on conviction, be fined in a sum not exceeding one thousand dol- lars, or be imprisoned in the penitentiary not exceeding one year. 776. Sec. 181. — Salting Ores. — Ti^t every person who shall mino;le, or cause to be mingled, with any sample of gold or silver bearing ore, any valuable metal or substance whatever, that will increase or in any way change the value of said ore, with the intent to deceive, cheat, or defraud any person or persons, shall, on con- viction thereof, be punished by a fine not less than fifty dollars nor more than one thousand dollars; or by confinement in the peniten- tiary for a term of not less than one nor more than fourteen years, or by both such fine and imprisonment. 1603. Sec. 1. — Destroying Landmarks. — That if any person or persons shall willfully and maliciously deface, remove, pull down, injure, or destroy any location-stake, side-post, corner-post, land- mark, or monument, or any other legal land boundary monu- ment in this State, designating, or intending to designate, the location, boundary, or name of any mining claim, lode, or vein of mineral, or the name of the discoverer, or date of discovery thereof, the person or persons so offending shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined not more than one thousand dollars, or imprisoned not more than one year, at the discretion of the court: Provided^ That this act shall not apply to abandoned property. 673. Sec. 78. — Passing Counterfeit Gold Dust. — Every person who shall mingle, or procure to be mingled, with any uncoined gold or gold dust now current, or which shall hereafter be current ] 26 COLORADO. in this State, any counterfeit gold dust, or counterfeit uncoined gold, or any base metal or substance whatever, with intent to utter or pass the same, or to procure the same to be uttered or passed as gold dust or uncoined gold, shall, on conviction thereof, be punished by a fine not to exceed one thousand dollars, or by con- finement in the penitentiary for a term not less than one year nor more than fourteen years, 1961. Sec. 5. — Buying StoUn Ore.—Knj person, association, or corporation, or the agent of any person, association or cor- poration, who shall knowingly purchase, or contract to pur- chase, or shall make any payment for or on account of any ores which shall have been taken from any mine or claim, by persons who have taken or may be holding possession of any such mine or claim, contrary to any penal law now in force, or which may be hereafter enacted, shall be considered as an accessory after tlie fact to the unlawful holding or taking of such mine or claim, and upon conviction shall be subjected to the same punishment to which the principals may be liable. 1962. Sec. 6. — False Mill Weights.— Any person, association, or corporation, or the agent of any person, association or corpora- tion engaged in the busmess of milling, sampling, concentrating, reducing, shipping, or purchasing ores as aforesaid, who shall keep or use any false or fraudulent scales or weights for weighing ore, or who shall keep or use any false or fraudulent assay scales or weights for ascertaining the assay value of ore, knowing them to be false, every person so offending shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in a sum not exceeding one thousand (1,000) dollars, nor less than one hundred (100) dollars, or imprisonment not more than one year, or both, at the discretion of the court. 1963. Sec. 7. — False Mill Returns. — Any person, corporation, or association, or the agent of any person, corporation, or associar tion, engaged in the milling, sampling, concentrating, reducing, shipping, or purchasing of ores in this State, who shall, in any manner, knowingly alter or change the true value of any ores delivered to him or them, so as to deprive the seller of the result of the correct value of the same, or who shall substitute other ores for that delivered to him or them, or who shall issue any bill of sale or certificate of purchase that does not exactly and trnthfuUy state the actual weight, assay value, and total amount paid for any lot or lots of ore purchased, or who, by any secret understanding DRAINAGE OF MINES. 127" or agreement with another, shall issue a bill of sale or certificate of purchase that does not truthfully and correctly set forth the weight, assay value, and total amount paid for any lot or lots of ore purchased by him or them, shall be deemed guilty of a mis- demeanor, and on conviction thereof shall be fined in a sum not exceeding one thousand (1,000) dollars, nor less than one hundred (100) dollars, or imprisonment not more than one year, or both, at the discretion of the court. 1964. Sec. 8. — Larceny of Ores. — If any person, lessee, licensee, or employe in or about any mine in this State, shall break and sever, with intent to steal the ore or mineral from any mine, lode, ledge, or deposit in this State, or shall take, remove, or conceal the ore or mineral from any mine, lode, ledge, or deposit, with in- tent to defraud the owner or owners, lessee or licensee of any such mine, lode, ledge, or deposit, such oflTender shall be deemed gnilty of felony, and on conviction, shall be punished as for grand larceny. Drainage of Mines. 1830. Section 1. — Proportionate Share. — Whenever contiguous and adjacent mines upon the same or upon separate lodes have a common ingress of water, or from subterraneous communication of the water have a common drainage, it shall be the duty of the owners, lessees, or occupants of each mine so related to provide for their proportionate share of the drainage thereof. 1831. Sec. 2. — Failure to Drain. — Any parties so related, fail- ing to provide as aforesaid, for the drainage of the mines owned or occupied by them, thereby imposing an unjust burden upon neigh- boring mines whether owned or occupied by them, shall pay respect- ively to those performing the work of drainage, their proportion of the actual and necessary cost and expense of doing such drainage, to be recovered by an action in any court of competent jurisdiction. 1832. Sec. 3. — Draining Corporation. — It shall be lawful for all mining corporations or companies, and all individuals engaged in mining, having thus a common interest in draining such mines, to unite for the purpose of effecting the same, under such common name and upon such terms and conditions as may be agreed upon ; and every such association, having filed a certificate of incorpora- tion, as provided by law, shall be deepied a corporation, with all 1 28 COLORADO. the rights, incidents, and liabilities of a body corporate, so far as the same may be applicable. 1833. Sec. 4. — Failure to Mutually Agree. — Failing to mutually agree, as indicated in the preceding section, for drainage jointly, one or more of the said parties may undertake the work of drainage, after giving reasonable notice; and should the remaining parties then fail, neglect or refuse to unite in equitable arrangements for doing the work, or sharing the expense thereof, they shall be subject to an action therefor as already specified, to be enforced in any court of competent jurisdiction. 1834. Sec. 5. — Court Proceedings. — When action is com- menced to recover the costs and expenses for draining a lode or mine, it shall be lawful for the plaintiff to apply to the court, if in session, or to the judge thereof in vacation, for an order to inspect or examine the lodes or mines claimed to have been drained by the plaintiff; or some one for him shall make affidavit that such inspection or examination is necessary for a preparation of the case for trial. The court or judge shall grant an order for the under- ground inspection and examination of the lode or mines described iu the petition. Such order shall designate the number of persons, not exceeding three besides the plaintiff or his representative, to examine and inspect such lode and mines, and take the measure- ment thereof, relating the amount of water drained from the lode or mine, or the number of fithoms of ground mined and worked out of the lode or mines claimed to have been drained, the cost of such examination and inspection to be borne by the party apply- ing therefor. The court or judge shall have power to cause the removal of any rock, debris, or other obstacles in any lode or vein, wlien such removal is shown to be necessary to a just de- termination of the question involved : Provided., That no such order for inspection and examination shall be made except in open court, or at chambers, upon notice of application for such order of at least three days, and not then except by agreement of parties, nor unless it appears that the plaintiff has been refused the privilege of mak- ing the inspection and examination by the defendant, his or their agent. 183£. Sec 6. — Water Beyond Control. — That hereafter, when any person or persons, or corporation, shall be engaged in mining or milling, and in the prosecution of such business shall hoist or raise water from the mines or natural channels, and the same shall flow away from tlie premises of such persons, or corporations, to any natural channel or gulch, the same shall be considered be- yond the control of the party so hoisting or raising the same, and may be taken and used by other parties the same as that of natural water- courses. 1836. Sec. 7. — Liable for Injury. — After any such water shall have been so raised, and the same shall have flown into any such natural channel, gulch, or draw, the party so hoisting or raising the same shall only be liable for injury caused thereby, in the same manner as riparian owners along natural water-courses. 1837. Sec. 8. — Undeveloped 'Mines. — The provisions of this act shall not be construed to apply to incipient or undeveloped mines, but to those only which shall have been opened, and shall clearly derive a benefit from being drained. 1838. Sec. 9. — Admissible Evidence. — In trial of cases arising under this act, the court shall admit evidence of the normal stand, or position of the water while at rest in an idle mine, also the ob- served prevalence of a common water-level, or a standing water- line in the same, or separate lodes ; also, the eftect (if any) the elevating or depressing the water by natural or mechanical means in any given lode, has upon elevating or depressing the water in the same, contiguous, or separate lodes or mines ; also, the effect whicli draining or ceasing to drain any given lode or mine had upqn the water in the same or contiguous or separate lodes or mines, and all other evidence which tends to prove the common ingress or subterraneous communication of water into the same lode or mine, or contiguous or separate lodes or mines. Ore. 1957. Section 1. — Contents of Record. — That every person, association, or corporation that shall be engaged in the business of milling, sampling, concentrating, reducing, shipping, .or purchas- ing ores in the State of Colorado, shall keep and preserve a book in which shall be entered at the time of the delivery of each lot of ore : First. — The name of the party on whose behalf such ore is de- livered, as stated. Second. — The name of the teamster, packer, or other persons actually delivering such ore, and the name of the owner of the team or pack-train delivering such ore. Third. — The weight or amount of every such lot of ore. 9 130 COLORADO. F mirth. — The name and location of the mine or claim from which it shall be stated that the same has been rained or procured. Fifth. — The date of delivery of any and all lots or parcels of ore. 195S. Sec. 2. — Prooeedings when Ore is Stolen. — Whenever affidavit shall have been made before any police magistrate of any town in this State, or any justice of the peace of any county, by any person, that ore has been stolen from him, stating as near as may be the amount and value of the ore stolen, such person, upoii presentation of a certified copy of such affidavit, shall have access to such book, and may examine the entries which may have been made therein during a period of fifteen days next preceding the filing of such affidavit : Provided, That the person making such affidavit shall, at the time of making the same, have a present interest in the product of the mine or claim from which said ore has been stolen, or in the ore alleged to have been stolen. 1959. Sec. 3. — Failure to Keep Required Books. — Every per- son, association, or corporation that shall fail or refuse to keep the book required by the terms of the first section of this act, or shall fail or refuse to make any proper entry therein, or who shall make any false entry therein, or who shall refuse to any person who may be entitled to the same, as provided by section two (2) of this act, the right of inspection thereof, shall forfeit and pay for each and every violation of the provisions of said section a penalty of not less than fifty (50) nor more than three hundred (300) dollars, to be collected by action of debt at the suit of any person who may sue for the same. In addition to such penalty, any person, asso- ciation, or corporation violating the provisions of said first section, shall be liable at the suit of the party or persons aggrieved, in the proper form of action, for all damages which may accrue to any party or person by reason of such violation. And in all actions the fact that a false entry has been made shall he prima facie evi- dence that the same was made willfully or knowingly. 1960. Sec. 4. — Failure to Make Inquiries. — If any person, association, or corporation shall fail or neglect to make the in- quiries necessary to the making of the proper entries in said book, .IS provided in section one (1) of this act, or shall so negligently make entries therein that any lot of ore cannot be particularly identified, or so negligently that it cannot be perceived therefrom what person delivered any lot of ore or received the proceeds of the same when purchased, or shall fail to keep such book, or shall willfully suffer the same to be lost, or mislaid, so that the same WATER RIGHTS. 131 cannot be produced for inspection, such failure or neglect shall not excuse any party defendant in any suit brought under the pre- ceding section from judgment for any penalty prescribed by said section. Water Rights. 1798. Sec. 2. — Right of Way. — Whenever any person or per- sons are engaged in bringing water into any portion of the mines, they shall have the right of way secured to them, and may pass over any claim, road, ditch, or other structure: Provided, The water be guarded so as not to interfere with prior rights. 1821. Sec 11. All mining claims now located, or which may be hereafter located, shall be subject to the right of way of any ditch or flume for mining purposes, or of any tramway or pack- trail, whether now in use, or which may be hereafter laid out across any such location: Provided^ always, That such right of way shall not be exercised against any location duly made and recorded, and not abandoned prior to the establishment of the ditch, flume, tramway or pack-trail, without consent of the.owner, except by condemnation; as in case of land taken for public high- ways. Parol consent to the location of any such easement, accom- panied by the completion of the same over the claim, shall be sufiicient without writings: And provided further, That such ditch or flume shall be so fconstructed that the water from such ditch or flume shall not injure vested rights by flooding or otherwise. 2779. Sec. 3. — Miners' Inch. — * * * And water sold by the inch by any individual or corporation, shall be measured as follows, to wit: Every inch shall be considered equal to an inch square orifice under a five-inch pressure, and a five-inch pressure shall be from the top of the orifice of the box put into the banks of the ditch, to the surface of water; said boxes, or any dot or aperture through which such water may be measured, shall in all cases be six inches perpendicular inside measurement, except boxes delivering less than twelve inches, which may be square, with or without slides; all slides for the same shall move horizon- tally and not otherwise; and said box put into the banks of ditch shall have a descending grade from the water in ditch of not less than one eighth of an inch to the foot. 132 COLORADO. Tailings. 1804. Sec. 8. — Miners Responsible. — In no case shall any per- son or persons be allowed to flood the property of another person with water, or wash down the tailings of his or their sluice upon the claim or property of other persons, but it shall be the duty of every miner to take care of his own tailings, upon his own property, or become responsible for all damages that may arise therefrom. Hauling Quartz. 1805 Sec. 9. — Right of Way. — Every miner shall have the right of way across any and all claims for the purpose of hauling quartz from his claim. Mining Claims, Real Estate, Actions. 185. Sec 26. — Definitions. — The terms " land " and "real es- tate," as used in this chapter, shall be construed as co-extensive in meaning with the terms "lands, tenements, hereditaments," and as embracing mining claims and other claims, and chattels real. The term "deed" includes mortgages, leases, releases, and every conveyance or encumbrance under seal. 2126. Sec. 3. — Transferable Interest. — The owner of every claim or improvement, on every tract or parcel of land, has a trans- ferable interest therein, which may be sold in execution or other- wise; and any sale of such improvement is a sufficient considera- tion to sustain a promise. 2131. Sec. 8. — Claimant May Maintain Action. — Any person settled upon any of the public lands belonging to the United States may maintain trespass quare clausum f regit., trespass, ejectment, forcible entry and detainer, unlawful detainer, and forcible de- tainer, for injuries done to the possessio thereof. 2135. Sec 12. — City and Village Lots. — Any person who may have a title to occupy any lot or lots within any city or village plot, or any lots or mining claim within any mining district in this State, in virtue of a certificate, deed of gift or purchase from the original claimant or claimants, or their assigns, as well as all SIZE OF CLAIMS. 133 purchasers, under any decree or execution of any of the so-called provisional Government courts, people's or miners' courts, of the lands situated within any city or village plot, or any lots, land, or mining claims situate within any mining district, together with the original claimant or claimants of said lots, land or mining claims, shall be entitled to maintain the actions authorized by the eighth section of this chapter, against any and all persons who shall enter upon and occupy said lots, lands, or mining claims, or any of them: Provided^ It shall be lawful for the citizens of any mining district to declare an abandonment of any creek, river, gulch, bank, or mining claim a forfeiture of the rights of the claim- ants thereto; in which case the parties claimant shall not be enabled to maintain either of the actions mentioned in section S of this chapter. 2136. Sec. 13. — United States Title. — Nothing in this chapter contained shall be construed to deny the right of the United States to dispose of any lands in this State; nor shall the fact that the title to any lots, lands, lodes, or mining claims hath not passed from the United States, be any bar to the recovery of the plaintiff in either of the actions specified in section 8 of this chapter. As against the United States, and all persons holding any of said lands under the United States, or the laws thereof, this chapter shall be of non-eiiect and void. DAKOTA. Location and Size of Lodes and Mining Claims. 1. Length of Lode. — The length of any lode claim hereafter located within this Territory may equal, but shall not exceed, fifteen hundred feet along the vein or lode. 2. Width of Lode. — The width of lode claims shall be one hun- dred and fifty feet on each side of the center of the vein or crevice: Provided., That any county may, at any general election, determine upon a greater width not exceeding three hundred feet on each side of the center of the vein or lode, by a majority of the legal votes cast at said election; and any county, by such vote at such election, may determine upon a less width than above specified: Provided., That not less than twenty-five feet on each side of the vein or lode shall be prohibited. 134 DAKOTA. 3. Discoverer to Record his Claim. — That the discoverer of a lode shall, within twenty days from the date of discovery, record his claim in the office of the register of deeds of the county in which such lode is situated, by a location certificate, which shall contain : (1.) Tlie name of the lode. (2.) The name of the locator. (3.) The date of location. (4.) The number of feet in length claimed on each side of the discovery shaft. (5.) The number of feet in width claimed on each side of the vein or lode. (6.) The general course of the lode, as near as may be. 4. Wlien Certificate Yoid. — Any location certificate of a lode claim which shall not contain the name of the lode, the name of the locator, the date of location, the number of lineal feet claimed on each side of the discovery shaft, the number of feet in width claimed, the general course of th.e lode, and such description as shall identify the claim with reasonable certainty, shall be void. 5. Manner of Locating Claim. — Before filing such location cer- tificate the discoverer shall locate his claim by first sinking a dis- covery shaft thereon sufficient to show a well-defined mineral vein or lode; second, By posting at the point of discovery, on the sur- face, a plain sign or notice containing the name of the lode, the name of the locator, and the date of discovery, the number of feet claimed in length on either side of the discovery, and the number of feet in width claimed on each side of the lode; third. By mark- ing the surface boundaries of the claim. 6. Marking Surface Boundaries. — Such surface boundaries shall be marked by eight (8) substantial posts, hewed or blazed on the side or sides facing the claim, and sunk in the ground, to wit: one at each corner, and one at the center of each side line, and one at each end of the ode. When it is impracticable on account of rocks or precipitous ground, to sink such posts, they may be placed in a monument of stone. 7. Requisite of Location. — Any open cut, cross cut, or tunnel, at a depth sufficient to disclose the mineral vein or lode, or an adit of at least ten (10) feet along the lode from a point where the lode may be in any manner discovered, shall be equivalent to a dis- covery shaft. 8. Time Discoverer' Has to Pefformn Labor. — The discoverer MINING LAWS. 135 shall have tliirty days from the time of uncovering or disclosing a lode, to sink a discovery sliaft thereon. 9. Certificate Construed to Contain. — Tlie location, or location certificate, of any lode claim shall be construed to include all sur- face ground within the surface lines thereof, and all lodes ',u\(\ ledges throughout their entire depth, the top or apex of which lies inside of sucii lines extended vertically, with such parts of all lodes or ledges as continue, by dip, beyond the side lines of the claim, but shall not include any portion of such lodes or ledges beyond the end lines of the claim, or the end lines continued, whether by dip or otherwise, or beyond the side lines in any other manner than by the dip of the lode. 10. Claim not Beyond Exterior Lines. — ^If the top or apex of the lode in its longitudinal course extends beyond the exterior lines of the claim at any point on the surface, or as extended vertically downward, such lode may not be followed in its longitudinal course beyond the point where it is intersected by the exterior. 11. Claims Subject to Right of Way. — All mining claims now located, or which may be hereafter located, shall he subject to the right of way of any ditch or flume for mining purposes, or of any tramway or pack trail which is now in use, or which may be here- after laid out across any sucli location: Provided ahoays., That such right of way shall not be exercised against any location duly made and recorded, and not abandoned prior to tlie establishment of the ditch, flume, tramway or pack-trail, without consent of the owners, except by condemnation, as in case of land taken for public highways; parol consent to the location of any such easement, any actual settler upon any of claims under French, Spanish, or other grants, which have been, or jnay be, hereafter dechired by the Supreme Court of the United States to be invalid, shall be entitled to all the rights of pre emp- tion granted by the preceding provisions of this chapter, after the lands have been released from reservation, in the same manner as if no reservation had existed. Sec. 2281 All settlers on public lands which have been or may be withdrawn from market in consequence of proposed rail- roads, and who had settled thereon prior to such withdrawal, shall be entitled to pre-emption at the ordinary minimum to the lands settled on and cultivated by them; but they shall file the proper notices of their claims and make proof and payment as in other cases. Sec. 2282. Nothing contained in this chapter shall delay the sale of any of the public lands beyond the time appointed by the proclamation of the President. Sec. 2283. The Osage Indian trust and diminished reserve lands in the State of Kansas, excepting the sixteenth and thirty- sixth sections in each township, shall be subject to disposal, for cash only, to actual settlers, in quantities not exceeding one hun- drefl and sixty acres, or one-quarter section to each in compact form, in accordance with the general principles of the pre-emption laws, under the direction of the Commissioner of the General Land-Office; but claimants shall file their declaratory statements as prescribed in other cases upon unoflered lands, and shall pay for the tracts, respectively, settled upon within one year from date of settlement where the plat of survey is on file at that date, and within one year from the filing of the township plat in the district office where such plat is not on file at date of settlement. Sec. 2284. The sale or transfer of his claim upon any portion of these lands by any settler prior to the twenty-sixth day of April, eighteen hundred and seventy-one, shall not operate to preclude the right of entry, under the provisions of the preceding section, upon another tract settled upon subsequent to such sale or trans- fer; but satisfactory proof of good faith must be furnished upon such subsequent settlement. Sec. 2285. The restrictions of the pre-emption laws, contained in sections 2260 and 2261, shall not apply to any settler on the Osage Indian trust and diminished-reserve lands in the State of Kansas, who was actually residing on his claim on the ninth day of May, eighteen hundred and seventy-two. LAWS. 179 Sec. 2286. There shall be granted to the several counties or parishes of each State and Territory, where there are public lands, at the minimum price for which public lands of the United States are sold, the right of pre-emption to one quarter-section of land, ill each of the counties or parishes, in trust for such counties or parishes, respectively, for the establishment of seats of justice therein; but the proceeds of the sale of each such quarter- section shall be appropriated for the purpose of erecting public buildings in the county or parish for which it is located, after deducting therefrom the amount originally paid for the same. And the seat of justice for such counties or parishes, respectively, shall be fixed previously to a sale of the adjoining lands within the county or parish for which the same is located. Sec. 2287. Any hona-fide settler under the homestead or pre- emption laws of the United States who has filed the proper appli- cation to enter not to exceed one quarter-section of the public lands in any district land-office, and who has been subsequently ap- pointed a register or receiver, may perfect the title to the land under the pre-emption laws by furnishing the proofs and making the payments required by law, to the satisfaction of the Com missioner of the General Land-Office. Sec. 2288. Any person who has already settled or hereafter may settle on the public lands, either by pre-emption or by virtue of the homestead law or any amendments thereto, shall have the right to transfer, b}'^ warranty against his own acts, any portion of his pre-emption or homestead for church, cemetery or school pur- poses, and for the right of way of railroads across such pre-emp- tion or homestead, and the transfer for such public purposes shall in no way vitiate the right to complete and perfect the title to their pre-emptions or homesteads. Homesteads. Sec. 2289. Every person who is the head of a family, or who has arrived at the age of twenty- one years, and is a citizen of the United States, or who has filed his declaration of intention to become such, as required by the naturalization laws, shall be en- titled to enter one quarter-section, or a less quantity, of unappro- priated public lands, upon which such person may have filed a pre-emption claim, or which may, at the time the application is made, be subject to pre-emption at one dollar and twenty-five cents per acre, or eighty acres or less of such unappropriated lands 180 PUBLIC LAND at two dollars and fifty cents per acre, to be located in a body, in conformity to the legal subdivisions of the public lands, and after the same have been surveyed. And every person owning and re- siding on land '^ay, under the provisions of this section, enter other land lyinp^ contiguous to his land, which shall not, with the land so already owned and occupied, exceed in the aggregate one hundred and s^xty acres. Sec. 2290. The person applying for the benefit of the preced- ing section ^hall, upon application to the register of the land- oflBce in which he is about to make such entry, make affidavit before the register or receiver that he is the head of a family, or is twenty-one years or more of age, or has performed service in the army or navy of the United States, and that such application is made for his exclusive use and benefit, and that his entry is made for the purpose of actual settlement and cultivation, and not, either dir^'^.ctly or indirectly, for the use or benefit of any other person; ard upon filing such afiidavit with the register or receiver, on pay- ment of five dollars when the entry is of not more than eighty acres, and on payment of ten dollars when the entry is for more than eighty acres, he shall tliereupon be permitted to enter the amount of land specified. Sec. 2291. No certificate, iiowever, shall be given, or patent issued therefor, until the expiration of five years from the date of such entry; and if at the expiration of such time, or at any time within two years thereafter, the person making such entry, or if he be dead his widow, or in case of her death his heirs or devisee, or in case of a widow making such entry her heirs or devisee, in case of her death, proves by two credible witnesses that he, she, or they have resided upon or cultivated the same for the term of five years immediately succeeding the time of filing the affidavit, and makes affidavit that no part of such land has been alienated, ex- cept as provided in section 2288, and that he, she, or tliey will bear true allegiance to the Government of the United States; then, in such case, he, she, or they, if at that time citizens of the United States, shall be entitled to a patent, as in other cases pro- vided by law. Sec 2292. In case of the death of both father and mother leaving an infant child or children under twenty-one years of age, the right and fee shall inure to the benefit of such infant child or children; and tlie executor, administrator, or guardian may, at any time within two years after the death of the surviving parent, and LAWS. 181 in accordance with the laws of the State in which such children, for the time being, have their domicile, sell the land for the benefit of such infants, but for no other purpose; and the purchaser shall acquire the absolute title by the purchase, and be entitled to a patent from the United States on the payment of the office fees and sum of money above specified. Sec. 2293. In case of any person desirous of availing himself of the benefits of this chapter, but who, by reason of actual service in the military or naval service of the United States, is unable to do the personal preliminary acts at the district land-office which the preceding sections require; and whose family, or some member thereof, is residing on the land which he desires to enter, and upon which a hona-fide improvement and settlement have been made, such person may make the affidavit required by law before the officer commanding in the branch of the service in which the party is engaged, which affidavit shall be as binding in law, and with like penalties, as if taken before the register or receiver; and upon such affidavit being filed with the register by the wife or other representative of the party, the same shall become effective from the date of such filing, provided the application and affidavit are accompanied by the fee and commissions as required by law. Sec. 2294. In any case in which the applicant for the benefit of the homestead, and whose family, or some member thereof, is residing on the land which he desires to enter, and upon which a hona-fide improvement and settlement have been made, is pre- vented, by reason of distance, bodily infirmity, or other good cause, from personal attendance at the district land-office, it may be' law- ful for him to make the affidavit required by law before the clerk of the court for the county in which the applicant is an actual resi- dent, and to transmit the same, with the fee and commission, to the register and receiver. Sec. 2295. The register of the land-office shall note all appli- cations under the provisions of this chapter on the tract-books and plats of his office, and keep a register of all such entries, and make return thereof to the General Land-Office, together with the proof upon which they have been founded. Sec. 2296. No lands acquired under the provisions of this chapter shall in any event become liable to the satisfaction of any debt contracted prior to the issuing of the patent therefor. Sec. 2297. If, at any time after the filing of the affidavit, as required in section 2290, and before the expiration of the five years 182 PUBLIC LAND mentioned in section 2291, it is proved, after dne notice to the settler, to the satisfaction of the register of the land-office, that the person having filed such affidavit has actually changed his resi- dence, or abandoned the land for more than six months at any time, then and in that event the land so entered shall revert to the Government. ♦ Sec. 2298. No person shall be permitted to acquire title to more than one quarter-section under the provisions of this chapter. Sec. 2299. Nothing contained in this chapter shall be so con- strued as to impair or interfere in any manner with existing pre-emp- tion rights; and all persons who may have filed their applications for a pre-emption right prior to the 20th day of May, 1862, shall be entitled to all the privileges of this chapter. Sec. 2300. No person who has served, or may hereafter serve, for a period not less than fourteen days in the army or navy of the United States, either regular or volunteer, under the laws thereof, during the existence of an actual war, domestic or foreign, shall be deprived of the benefits of this chapter on account of not having attained the age of twenty-one years. Sec. 2301. Nothing in this chapter shall be so construed as to prevent any person who has availed himself of the benefits of sec- tion 2289 from paying the minimum price for the quantity of land so entered, at any time before the expiration of the five years, and obtaining a patent therefor from the Government, as in other cases directed by law, on making proof of settlement and cultivation as provided by law, granting pre-emption rights. Sec. 2802. No distinction shall be made in the construction or execution of this chapter on account of race or color; nor shall any mineral lands be liable to entry and settlement under its pro- visions. *Sp:o. 2303. All the public hinds in the. States of Alabama, Mississippi, Louisiana, Arkansas, aad Florida shall be disposed of in no other manner than according to the terms and stipulations contained in the preceding provisions of this chapter. Sec. 2304. Every private soldier and officer who has served in the array of the United States during the recent Rebellion, for ninety days, and who was honorably discharged, and has remained loyal to the Government, including the troops mustered into the service of the United States by virtue of the third section of an act approved February 13, 1862, and eve ry seaman, marine and officer * Repealed by act of June 22, 187(5. LAWS. 183 who has served in the navy of the United States, or in the marine corps, during the Rebellion, for ninety days, and who was honor- ably discharged, and has remained loyal to the Government, shall, on compliance with the provisions of this chapter, as hereinafter modified, be entitled to enter upon and receive patents for a quan- tity of public lands not exceeding 160 acres, or one quarter- section, to be taken in compact form, according to legal subdivisions, in- cluding the alternate reserved sections of public land along the line of any railroad or other public work, not otherwise reserved or appropriated, and other lands subject to entry under the home- Btead laws of the United States; but such homestead settler shall be allowed six months after locating his homestead, and filing his declaratory statement, within which to make his entry and com- mence his settlement and improvement. Sec. 2305. The time which the homestead settler has served in the array, navy, or marine corps shall be deducted from the time heretofore required to perfect title, or if discharged on account of wounds received or disability incurred in the line of dutj, then the term of enlistment shall be deducted from the time heretofore required to perfect title, without reference to the length ot time he may have served; but no patent shall issue to any homestead settler who has not resided upon, improved, and cultivated his homestead for a period of at least one year after he shall have commenced his improvements. Sec. 2306. Every person entitled, under the provisions of sec- tion 2304, to enter a homestead who may have heretofore entered, under the homestead laws, a quantity of laud less than 160 acres, shall be permitted to enter so much land as, when added to the quantity previously entered, shall not exceed 160 acres. Sec. 2307. In case of the death of any person who would be entitled to a homestead under the provisions of section 2304, his widow, if unmarried, or in case of her death or marriage then his minor orphan children, by a guardian duly appointed and offi- cially accredited at the Department of the Interior, shall be enti- tled to all the benefits enumerated in this chapter, subject to all the provisions as to settlement and improvement therein con- tained; but if such person died during his term of enlistment, the whole term of his enlistment shall be deducted from 'the time here- tofore required to perfect the title. Sec. 2308. Where a party at the date of his entry of a tract of land under the homestead laws, or subsequently thereto, was 184 PUBLIC LAND actually enlisted and employed in the army or navy of the United States, his services therein shall, in the administration of such homestead laws, be construed to be equivalent, to all intents and purposes, to a residence for the same length of time upon the tract so entered. And if his entry has been canceled by reason of his absence from such tract while in tlie military or naval service of the United States, and such tract has not been disposed of, his ■entry shall be restored; but if such tract has been disposed of, the ]^arty may enter another tract, subject to entry under the homestead laws, and his right to a patent therefor may be determined by the proofs touching his residence and cultivation of the first tract and his absence therefrom in such service. Sec. 2309.. Every soldier, sailor, marine, officer, or other person coming within the provisions of section 2304, may, as well by an agent as in person, enter upon such homestead by filing a declaratory statement, as in pre-emption cases; but such claimant in person shall within the time prescribed make his actual entry, commence settlements and improvements on the same, and there- after fulfill all the requirements of law. Sec. 2310. Each of the chiefs, warriors, and heads of families of the Stockbridge Munsee tribes of Indians residing in the county of Shawana, State of Wisconsin, may, under the direction of the Secretary of the Interior, enter a homestead and become entitled to all the benefits of this chapter, free from any fee or charge; and any part of their present reservation which is abandoned for that purpose may be sold, under the direction of the Secretary of the Interior, and the proceeds applied for the benefit of such Indians as may settle on homesteads, to aid them in improving the same. Sec. 2311. The homestead secured, by virtue of the preceding section, shall not be subject to any tax, levy, or sale; nor shall it be sold, conveyed, mortgaged, or in any manner incumbered, except upon the decree of the district court of the United States, as pro- vided in the following section: Sec 2312. Whenever any of the chiefs, warriors, or heads ol" families of the tribes mentioned in section 2310 having filed with the clerk of the district court of the United States a declaration of his intention to become a citizen of the United States, and to dissolve all relations with any Indian tribe, two years previous thereto, appears in such court, and proves to the satisfaction thereof, by the testimony of two citizens, that for five years last past he has adopted the habits of civilized life; LAWS. 185 that he has maintained himself and family bj his own industry, that he reads and speaks the English language; that he is well dis- posed to become a peaceable and orderly citizen; and that he has sufficient capacity to manage his own affairs; the court may enter a decree admitting him to all the rights of a citizen of the United States, and thenceforth he shall be no longer held or treated as a member of any Indian tribe, but shall be entitled to all the rights and privileges, and be subject to all the duties and liabilities to taxation of other citizens of the United States. But nothing herein contained shall be construed to deprive such chiefs, war- riors, or heads of families of annuities to which they are or may be entitled. ****** Sec. 3362. The Secretary of the Interior is authorized, upon proof being made, to his satisfaction, that any tract of land has been erroneously sold by the United States, so that from any cause the sale cannot be confirmed, to repay to the purchaser, or to his legal representatives or assignees, the sum of money which was paid therefor, out of any money in the Treasury not otherwise appropriated. Sec. 2363. Where any tract of land has been erroneously sold, as described in the preceding section, and the money which was paid for the same has been invested in any stocks held in trust, or has been paid into the Treasury to the credit of any trust-fund, it is lawful, by the sale of such portion of the stocks as may be necessary for the purpose, or out of such trust-fund, to repay the purchase-money to the parties entitled thereto. Reservation and Sale of To-wn Sites on the Public Lands. Sec. 2380. The President is authorized to reserve from the public lands, whether surveyed or unsurveyed, town sites on the shores of harbors, at the junction of rivers, important portages, or any natural or prospective centers of population. Sec. 2381. When, in the opinion of the President, the public interests require it, it shall be the duty of the Secretary of the In- terior to cause any of such reservations, or part thereof, to be sur- veyed into urban or suburban lots of suitable size, and to fix by appraisement of disinterested persons their cash value, and to offer the same for sale at public outcry to the highest bidder, and thence afterward to be held subject to sale at private entrv accordino- to 186 PUBLIC LAND such regulations as the Secretary of the Interior may prescribe; but no lot shall be disposed of at public sale or private entry for less than the appraised value thereof. And all such sales shall be conducted by the register and receiver of the land-office in the district in wliich the reservation may be situated, in accordance with the instructions of the Commissioner of the General Land- Office. Sec. 2382. In any case in which parties have already founded, or may hereafter desire to found, a city or town on the public lands, it may be lawful for them to cause to be filed with the re- corder for the county in which the same is situated, a plat thereof, for not exceeding six hundred and forty acres, describing its ex- terior boundaries according to tiie lines of the public surveys, where such surveys have been executed ; also giving the name of such city or town, and exhibiting the streets, squares, blocks, lots, and alleys, the size of the same, with measurements and area of each municipal subdivision, the lots in which shall each not exceed four thousand two hundred square feet, with a statement of the extent and general character of the improvements; such map and state- ment to be verified under oath by the party acting for and in be- half of the persons proposing to establish such city or town; and within one month after such filing there shall be transmitted to the General Land-Office a verified transcript of such map and state- ment, accompanied by the testimony of two witnesses that such city or town has been established in good faith; and when the premises are within the limits of an organized land-district, a similar map and statement shall be filed with the register and receiver, and at any time after the filing of such map, statement, and testimony in the General Land-Office, it may be lawful for the President to cause the lots embraced within the limits of such city or town to be ofiered at public sale to the highest bidder, subject to a minimum often dollars for each lot; and such lots as may not be disposed of at public sale shall thereafter be liable to private entry at such minimum, or at such reasonable increase or diminu- tion thereafter as the Secretary of the Interior may order from time to time, after at least three months' notice, in view of the in- crease or decrease in the value of the municipal property. But any actual settler upon any one lot, as above provided, and upon any additional lot in which he may have substantial improvements, shall be entitled to prove up and purchase the same as a ])re-emp- tion, at such minimum, at any time before the day fixed for the public sale. LAWS. 187 Sec. 2383. When such cities or towns are established upon un- snrveyed lands, it may be lawful, after the extension thereto of the public surveys, to adjust the extension limits of the premises ac- cording to those lines, where it can be done without interference with rights which may be vested by sale; and patents for all lots so disposed of at public or private sale shall issue as in ordinary cases. Sec. 2384. If within twelve months from the establishment of a city or town on the public domain, the parties interested refuse or fail to file in the General Land- Office a transcript map, with the statement and testimony called for by the provisions of section 2382, it may be lawful for the Secretary of the Interior to cause a survey and plat to be made of such city or town, and thereafter the lots in the same shall be disposed of as required by such provisions, with this exception, that they shall each be at an increase of fifty per centum on the minimum often dollars per lot. Sec. 2385. In the case of any city or town, in which the lots may be variant as to size from the limitation fixed in section 2382, and in which the lots and buildings, as municipal improve- ments, cover an area greater than six hundred and forty acres, such variance as to size of lots or excess in area shall prove no bar to such city or town claim under the provisions of that section; but the minimum price of each lot in such city or town, which may contain a greater number of square feet than the maximum named in that section, shall be increased to such reasonable amount as the Secretary of the Interior may by rule establish. Sec. 2386. Where mineral veins are possessed, which posses- sion is recognized by local authority, and to the extent so possessed and recognized, the title to town lots to be acquired shall be sub- ject to such recognized possession and the necessary use thereof; but nothing contained in this section shall be so construed as to recognize any color of title in possessors for mining purposes as against the United States. Sec. 2387. Whenever any portion of the public lands have been or may be settled upon and occupied as a town site, not sub- ject to entry under the agricultural pre-emption laws, it is lawful, in case such town be incorporated, for the corporate authorities thereof, and, if not incorporated, for the judge of the county court for the county in which such town is situated, to enter at the proper land-office, and at the minimum price, the land so settled and occupied in trust for the several use and benefit of the occu- 188 PUBLIC LAND pants thereof, according to their respective interests ; the execu- tion of which trust, as to the disposal of the lots in such town, and the proceeds of the sales thereof, to be conducted under such regulations as. may be prescribed by the legislative authority of the State or Territory in which the same be situated. Sec. 2388. The entry of the land provided for in the preceding section shall be made, or a declaratory statement of the purpose of the inhabitants to enter it as a town site shall be filed with the register of the proper land-office, prior to the commencement of the public sale of the body of land in which it is included, and the entry or declaratory statement shall include only such land as is actually occupied by the town, and the title to which is in the United States ; but in any Territory in which a land -office may not have been established, such declaratory statements may be filed with the Surveyor-Greneral of the surveying district in which the lands are situated, who shall transmit the same to the General Land-Office. Sec. 2389. If upon surveyed lands, the entry shall in its ex- terior limit be made in conformity to the legal subdivisions of the public lands authorized by law ; and where the inhabitants are in number one hundred, and less than two hundred, shall embrace not exceeding three hundred and twenty acres ; and in cases where the inhabitants of such town are more than two hundred, and less than one thousand, shall embrace not exceeding six hundred and forty acres; and where the number of inhabitants is one thousand and over one thousand, shall embrace not exceeding twelve iiun- dred and eighty acres; but for each additional one thousand in- habitants, not exceeding five thousand in all, a further grant of three hundred and twenty acres shall be allowed. Sec. 2390. The words " not exceeding five thousand in all," in the preceding section, shall not apply to Salt Lake City, in the Territory of Utah; but such section shall be so construed in its application to that city that lands mav be entered for the full num- ber of inhabitants contained therein, not exceeding iitteeii thou- sand ; and as that city covers school-section number thirty-six, in township number one north, of range numbei* one west, the same may bo embraced in such entry, and indemnity shall be given therefor when a grant is made by Congress of sections sixteen and thirty-six, in the Territory of Utali, for school purposes. Sec. 2391. A.Tiy act of the trustees not made in conformity to the regulations alluded to in section 2387 shall be void. LAWS. 18J^ Sec. 2392. No title shall be acquired, under the foregoing pro- visions of this chapter, to any mine of gold, silver, cinnabar, or copper ; or to any valid rainina^ claim or possession held under ex- isting laws. Sec. 2393. The provisions of this chapter shall not apply to military or other reservations heretofore made by the United States, nor to reservations for light-houses, custom-houses, mints, or such other public purposes as the interests of the United States may require, whether held under reservations through the Land Office by title derived from the Crown of Spain, or otherwise. Sec. 2394. The inhabitants of any town located on the public lands may avail themselves, if the town authorities choose to do so, of the provisions of sections 2387, 2388, and 2389; and in addition to the minimum price of the lands embracing any town site so entered, there shall be paid by the par- ties availing themselves of such provisions all costs of survey- ing and platting any such town site, and expenses incident thereto incurred by the United States, before any patent issues therefor; but nothing contained in the sections herein cited shall prevent the issuance of patents to persons who have made or may hereafter make entries, and elect to proceed under other laws relative to town sites in this chapter set forth. * * * * * * Sec. 2450. The Commissioner of the General Land-Office is authorized to decide upon principles of equity and justice, as recog- nized in courts of equity, and in accordance with regulations to be settled by the Secretary of the Treasury, the Attorney-General, and the Commissioner, conjointly, consistently with such princi- ples, all cases of suspended entries of public lands and of suspended pre-emption land claims, and to adjudge in what cases patents shall issue upon the same. Sec. 2451. Every such adjudication shall be approved by the Secretary of the Treasury and the Attorney- General, acting as a board; and shall operate only to divest the United States of the title of the lands embraced thereby, without prejudice to the rights of conflicting claimants. Sec. 2452. The Commissioner is directed to report to Congress at the first session after any such adjudications have been made, a list of the same under the classes prescribed by law, virith a state- ment of the principles upon which each class was determined. Sec. 2453. The Coinmissioner shall arrange his decisions into 190 PUBLIC LAND two classes; the first class to embrace all such cases of equity as may be finally coafirmed by the board, and the second class to embrace all such cases as the board rejects and decides to be invalid. Sec. 2454. For all lands covered by claims which are placed in the first class, patents shall issue to the claimants; and all lands embraced by claims placed in the second class shall ipso facto re- vert to, and become part of, the public domain. Seo. 2455. It may be lawful for the Commissioner of the Gen- eral Land-Office to order into market, after due notice, without the formality and expense of a proclamation of the President, all lands of the second class, though heretofore unproclaimed and unoifered, and such other isolated or disconnected tracts or p;;rcels of unof- fered lands which, in his judgment, it would be proper to expose to sale in like manner. But public notice of at least thirty days shall be given by the land-officers of the district in which such lands may be situated, pursuant to the directions of the Commis- sioner. Sec. 2456. Where patents have been already issued on entries which are confirmed by the officers who are constituted the board of adjudicalMon, the Commissioner of the General Land -Office, upon the canceling of the outstanding patent, is authorized to issue a new patent, on such confirmation, to the person who made the entry, his lieirs or assigns. Sec. 2457. The preceding provisions from section 2450 to sec- tion 2456, inclusive, shall be applicable to all cases of suspended en- tries and locations which have arisen in the General Land-Office since the twenty-sixth day of June, eighteen hundred and fifty-six, as well as to all cases of a similar kind which may hereafter occur, embracing as well locations under bounty land- warrants as ordinary entries or sales, including homestead entries and pre-emption loca- tions or cises; where the law has been substmtially complied with, and the error or informality arose from ignorance, accident, or mistake which is satisfactorily explained; and where the rights of no other claimant or pre-emptor are prejudiced, or where there is no adverse claim. ****** Sec. 2478. The Commi^ssioner of the General Land-Office, un- der the direction of the Secretary of the Interior, is authorized to enforce and carry into execution, by appropriate regulations, every part of the provisions of this title nototherwise 8])ecially provided for. LAWS. 191 CEIMES.— CH. 4. Sec. 5392. Every person who, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him sub- scribed is true, willfully and contrary to such oath states or sub- scribes any material matter which he does not believe to be true, is guilty of perjury, and shall be punished by a iine of not more than two thousand dollars, and by imprisonment, at hard labor, not more than five years, and shall, moreover, thereafter, be in- capable of giving testimony in auy court of the United States until such time as the judgment against him is reversed. [No. 2.] AN ACT to amend section 2291 of the Revised Statutes of the United States in relation to proof required in homestead entries. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled^ That the proof of residence, occupation, or cultivation, the affidavit of non-aliena- tion, and the oath of allegiance, required to be made by section 2291 of the Revised Statutes of the United States, may be made before the judge, or, in his absence, before the clerk of any court of record of the county and State, or district and Territory, in which the lands are situated; and if said lands are situated in any unorganized county, such proof may be made in a similar manner in any adjacent county in said State or Ter- ritory; and the proof, affidavit, and oath, when so made and duly subscribed, shall have the same force and effect as if made before the register or receiver of the proper land district; and the same shall be transmitted by such judge, or the clerk of his court, to the register and the receiver, with the fee and charges allowed by law to him; and the register and receiver shall be entitled to the same fees for examining and approving said testimony as are now allowed by law for taking the same. Sec. 2. That if any witness making such proof, or the said ap- plicant making such affidavit or oath, swears falsely as to any material matter contained in said proof, affidavits, or oaths, the said false swearing being willful and corrupt, he shall be deemed 192 PUBLIC LAND guilty of perjury, and shall be liable to the same pains and penal- ties as if he had sworn falsely before the register. Approved March 3, 1877. [No. 3.] AN ACT for the relief of settlers on the public lands under the pre-emption laws. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled^ That any person who has made a settlement on. the public lands under the pre-emption laws, and has subsequent to such settlement changed his filing in pursuance of law tp that for a homestead entry upon the same tract of land, shall be entitled to have the time required to perfect his title under the homestead laws computed from the date of his original settlement heretofore made, or hereafter to be made, under the pre-emption laws subject to all the provisions of the law relating to homesteads. Approved May 27, 1878. [No. 4.] AN ACT to amend an act entitled" An Act to encourage the growth of timber on the Western Prairies." Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled. That the act entitled •' An Act to amend the act entitled ' An Act to encourage the growth of timber on Western Prairies,' " approved March thirteenth, eighteen hundred and seventy-four, be, and the same is hereby, amended so as to read as follows: That any person who is the head of a family, or who has arrived at the age of twenty-one years, a^d is a citizen of the United States, or who shall have filed his declaration of intention to become such, as required by the naturalization laws of the United States, who shall plant, protect, and keep in a healthy, growing condition for eight years ten acres of timber, on any quarter-section of any of the public lands of the United States, or five acres on any legal subdivision of eii?hty acres, or two and one-half acres on any legal subdivision of forty acres or less, shall be entitled to a patent for the whole of said quarter-sec- tion, or of such legal subdivision of eighty or forty acres, or frac- tional subdivision of less than forty acres, as the case may be, at LAWS. 1 03 the expiration of said eight years, on making proof of such fact by not less than two credieble witnesses, and a full compliance of the further conditions as provided in section 2 : Provided^ further. That not more than one quarter of any section shall be thus granted, and that no person shall make more tliah one entry under the provisions of this act. Sec. 2. That the person applying for the benefits of this act shall, upon application to the register of the land district in which he or she is about to make such entry, make affidavit before the register or the receiver, or the clerk of some court of record, or officer authorized to administer oaths in the district where the land is situated; which affidavit shall be as follows, to wit: I, , having filed my application, number , for an entry under the provisions of an act entitled '" An Act to amend an act entitled ' An Act to encourage the growth of timber on the Western prairies,' " approved , 18 — , do solemnly swear (or affirm) that I am the head of a family (or over twenty-one years of age), and a citizen of the United States (or have declared my intention to become sucli); that the section of land specified in my said application is composed exclusively of prairie lands, or oth r ands devoid' of timber; that this filing and entry is made for the cultivation of timber and for my own exclusive use and benefit; that I have made the said application in good faith^ and not for the purpose of speculation, or, directly or indirectly, for the use or benefit of any other person or per- sons whomsoever; that I intend to hold and cultivate the land, and to fully comply with the provisions of this said act; and that I have not heretofore made an entry under this act, or the acts of which this is amendatory. And upon tiling said affidavit with said register and said re- ceiver, and on payment of ten dollars if the tract applied for is more than eighty acres, and five dollars if it is eighty acres or less, he or she shall thereupon be permitted to enter the quantity of land specified; and the party making an entry of a -quarter- section under the provisions of this act shall be required to break or plow five acres covered thereby the first year, five acres the second year, and to cultivate the crop or otherwise the five acres broken or plowed the first year; the third year he or she shall cul- tivate to crop or otherwise the five acres broken the second year, and to plant in timber, seeds, or cuttings the five acres first broken or plowed, and to cultivate and put in crop or otherwise the remain- ing five acres, and the fourth year to plant in timber, seeds, or cut- tings the remainitig five acres. All entries of less quantity than one IS 194 PUBLIC LAND quarter-section shall be plowed, planted, cultivated and planted to trees, tree-seeds, or cuttings, in the same manner and in tlie same proportion as hereinbefore provided for a quarter-section: Provided^ however. That in case such trees, seeds or cuttings shall be de- stroyed by grasshoppers or by extreme and unusual drouth, for any vear or term of years, the time for planting such trees, seeds, or cuttings shall be extended one year for every such year that they are so destroyed : Provided further^ That the person making such entry shall, before he or she shall be entitled to such extension of time, file with the register and the receiver of the proper land-office an affidavit corroborated by two witnesses, setting forth the destruction of such trees, and that, in consequence of such destruc- tion, he or she is compelled to ask an extension of time, in accord- ance with the provisions of this act: And provided further, That no final certificate shall be given, or patent issued, for the land so entered, until the expiration of eight years from the date of such entrv; and if, at the expiration of such time, or at any time within five years thereafter, the person making such entry, or, if he or she be dead, his or her heirs or legal representatives, shall prove by two credible witnesses "that he or she or they have planted, and, for not less than eight years, have cultivated and protected such quan- tity and character of trees as aforesaid; that not less than twenty- seven hundred trees were planted on each acre, and that at the time of making such proof there shall be then growing at least six hundred and seventy-five living and thrifty trees to each acre, they shall receive a patent for such tract of land. Sec. 3. That if at any time after the filing of said afl&davit, and prior to the issuing of the patent for said land, the claimant shall fail to comply with any of the requirements of this act, then and in that event such land shall be subject to entry under the homestead laws, or by some other person under the provisions of this act : Provided, That the party making claim to said land, either as a homestead settler or under this act, shall' give, at the time of filing his application, such notice to the original claimant as shall be prescribed by the rules established by the Commissioner of the General Land-Office; and the rights of the parties shall be deter- mined as in other contested cases. Sec. 4. That no land acquired under the provisions of this act shall, in any event, become liable to the satisfaction of any debt or debts contracted prior to the issuing «>f the final certificate therefor. LAWS. 195 Sec. 5. That the Cdramissioner of the General Land-Office is hereby required to prepare and issue such rules and regulations, consistent with this act, as sliall be necessary and proper to carry its provisions into effect; and that the registers and receivers of the several land-offices shall each be entitled to receive two dollars at the time of entry, and the like sum when the claim is finally established and the final certificate issued. Sec. 6. That the fifth section of the act entitled "An Act in addition to an act to punish crimes against the United States, and for other purposes," approved March third, eighteen hundred and fifty-seven, shall extend to all oaths, affirmations, and affidavits required or authorized by this act. Sec. 7. That parties who have already made entries under the acts approved March third, eighteen hundred and seventy-three, and March thirteenth, eighteen hundred and seventy-four, of which this is amendatory, shall be permitted to complete the same upon full compliance with the provisions of this act; that is, they shall, at the time of making their final proof, have liad under cul- tivation, as required by this act, an amount of timber sufficient to make the number of acres required by this act. Sec. 8. All acts and parts of acts in conflict with this act are hereby repealed. Approved June 14, 1878. [No. 5.] AN ACT to provide for the sale of desarl lands in certaia States aad Ter- ritories. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assemMed, That it shall be lawful for any citizen of the United States, or any person of requi- site age " who may be entitled to become a citizen, and who has filed his declaration to become such," and upon payment of twenty- five cents per acre, to file a declaration, under oath, with the regis- ter and receiver of the land district in which any desert land is situated, that he intends to reclaim a tract of desert land, not exceeding one section, by conducting water upon the same within the period of three years thereafter: Provided, however. That the right to the use of water by the person so conducting the same on or to any tract of desert land of six hundred and forty acres shall depend upon hona-fide prior appropriation; and such right 1 96 PUBLIC LAND shall not exceed the amount of water actually appropriated and necessarily used for the purpose of irrigation and reclamation; and all surplus water over and above such actual appropriation and use, together with the water of all lakes, rivers, and other sources of water supply upon the public lands, and not navigable, shall remain and be held free for the appropriation and use of the public for irrigation, mining, and manufacturing purposes subject to existing rights. Said declaration shall describe particularly said section of land if surveyed, and if unsurveyed shall describe the same as nearly as possible without a survey. At any time within the period of three years after filing said declaration, upon making satisfactory proof to the register and receiver of the recla- mation of said tract of land in the manner aforesaid, and upon the payment to the receiver of the additional sum of one dollar per acre for a tract of land not exceeding six hundred and forty acres to any one person, a patent for the same shall be issued to him: Provided^ That no person shall be permitted to enter more than one tract of land, and not to exceed six hundred and forty acres, which shall be in compact form. Sec. 2. That all lands exclusive of timber lands and mineral lands which will not, without irrigation, produce some agricult- ural crop, shall be deemed desert lands within the meaning of this act, which fact shall be ascertained by proof of two or more credi- ble witnesses under oath, whose affidavits shall be filed in the land-office in which said tract of land may be situated. Sec. 3. That this act shall only apply to and take efiect in the States of California, Oregon, and Nevada, and the Territories of Washington, Idaho, Montana, Utah, Wyoming, Arizona, New Mexico, and Dakota, and the determination of what may be con- sidered desert land shall be subject to the decision and regulation of the Commissioner of the General Land-Office. Approved March 3, 1877. [No. 6.] AN ACT providing for the sale of saline lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemhled, That whenever it shall be made appear to the register and the receiver of any land- office of tlie United States that any lands within their district are LAWS. 197 saline in character, it shall be the duty of said register and said receiver, under the regulations of the General Land-Office, to take testimony in reference to such lands to ascertain their true charac- ter, and to report the same to the Greneral Land-Office; and if, upon such testimony, the Commissioner of the General Land- Office shall find that such lands are saline and incapable of being purchased under any of the laws of the United States relative to the public domain, then, and in such case, such lands shall be oflered for sale by public auction at the local land-office of the district in which the same shall be situated, under such regulations as shall be prescribed by the Commissioner of the General Land-Office, and sold to the highest bidder for cash at a price not less than one dol- lar and twenty-five cents per acre; and in case said lands fail to sell when so offered, then the same shall be subject to private sale at such land-office, for cash, at a price not less than one dollar and twenty-five cents per acre in the same manner as other lands of the United States are sold: Provided^ That the foregoing enactments shall not apply to any State or Territory which has not had a grant of salines by act of Congress, nor to any State which may have had such grant, until either the grant has been fully satisfied, or the right of selection thereunder has expired by efflux of time. But nothing in this act shall authorize the sale or conveyance of any title other than such as the United States has, and the patents issued shall be in the form of a release and quit- claim of all title of the United States in such lands. Sec. 2. That all executive proclamations relating to the sales of public lands shall be published in only one newspaper, the same to be printed and published in the State or Territory where the lands are situated, and to be designated by the Secretary of the Interior. Approved January 12, 1877. [No. 7.] AN ACT respecting the limits of reservations for town sites upon the public domain. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled. That the existence or incarporation of any town upon the public lands of the United States shall not be held to exclude from pre-emption or homestead entry a greater quantity than twenty-five hundred and 198 PUBLIC LAND sixty acres of land, or the maxiiriura area which may be entered as a town site under existing laws, unless the entire tract claimed or incorporated as such town site shall, including and in excess of the area above specified, be actually'- settled upon, inhabited, improved, and used for business and municipal purposes. Sec. 2. That where entries have been heretofore allowed upon lands afterward ascertained to have been embraced in the corporate limits of any town, but which entries are, or shall be shown, to the satisfaction of the Commissioner of the General Land-Office, to include only vacant unoccupied lands of the United States, not settled upon or used for municipal purposes, nor devoted to any public use of such town, said entries, if regular in all respects, are hereby confirmed and may be carried into patent: Provided^ That this ci-'utirmation shall not operate to restrict the entry of any town site to a smaller area than the maximum quantity of land which, by reason of present population, it may be entitled to enter under section 2389 of the Revised Statutes. Sec. 3. That whenever the corporate limits of any town upon the public domain are shown or alleged to include lands in excess of the maximum area specified in section 1 of this act, the Com- missioner of the General Land-Office may require the authorities of such town, and it shall be lawful for them, to select what portion of said lands, in compact form and embracing the actual site of the municipal occupati(Hi and improvement, shall be withheld from pro-emption and homestead entry; and thereafter the residue of such lands shall be open to disposal under the homestead and pre-emption laws. And upon default of said town authorities to make such selection within sixty days after notification by the Commissioner, he may direct testimony respecting the actual loca- tion and extent of said improvements, to be taken by the register and receiver of the district in which such town may be situated; and, upon receipt of the same, he may determine and set off the proper site according to section 1 of this act, and declare the remainiiii)^ lands open to settlement and entry under the homestead and pre-emption laws; and it shall be the duty of the secretary of each of the Territones of the United States to furnish the Surveyor- General of the Territory, for the use of the United States, a copy duly certified of e\ery act of the Legislature of the Territory incor- porating any city or town, the same to be forwarded by such secretary to the Sui'veyor-General \vithin one month from date of its approval. LAWS. lyy Sec. 4. It shall be lawful for any town which has made, or may hereafter make, entry of less than the maximum quantity of land named in section 2389 of the Revised Statutes to make such additional entry, or entries, of contiguous tracts, which may be occupied for town purposes as when added to the entry or entries theretofore made will not exceed twenty-five hundred and sixty acres: Provided^ That such additional entry shall not, together with all prior entries, be in excess of tlie area to which the town may be entitled at date of the additional entry by virtue of its population as prescribed in said section 2389. Approved March 3, 1877. [No. 8.] AN ACT for the sale of timber lands in the States of California, Oregon, Nevada and in Washington Territory. Be it enacted hy the Senate and House of Representatives of the United States of America iti Congress asseinbled, That surveyed public lands of the United States within the States of California, Oregon, and Nevada, and in Washington Territory, not included within military, Indian, or other reservations of the United States, valuable chiefly for timber, but unfit for cultivation, and which have not been offered at public sale according to law, may be sold to citizens of the United States, or persons who have declared their intention to become such, in quantities not exceeding one hundred and sixty acres to any one person, or association of persons, at the minimum price of two dollars and fifty cents per acre; and lands valuable chiefly for stone maybe sold on the same terms as timber lands: Provided, That nothing herein contained shall defeat or impair any hona-fide claim under any law of the United States, or authorize the sale of any mining claim, or the improvements of any lona-fide settler, or lands containing gold, silver, cinnabar, copper, or coal, or lands selected by the said States under any law of the United States donating lands for internal improvements, education, or other purposes: And provided further^ That none of the rights conferred by the act approved July twenty-sixth, eighteen hundred and sixty-six, entitled, " An Act granting the right of way to ditch and canal owners over the public lands, and for other purposes," shall be abrogated by this act; and all patents granted shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water 200 PUBLIC LAJiiD rights, as may have been acquired under and by the provisions of said act; and such rights shall be expressly reserved in any patent issued under this act. Sec. 2. That any person desiring to avail himself of the provis- ions of this act shall file with the register of the proper district a written statement in duplicate, one of which is to be transmitted to the General Land-Office, designating by legal subdivisions the particular tract of land he desires to purchase, setting forth that the same is unfit for cultivation, and valuable chiefly for its timber or stone; that it is uninhabited; contains no mining or other im- provements, except for ditch or canal purposes, where any such do exist, save such as were made by or belong to the applicant, nor, as deponent verily believes, any valuable deposit of gold, silver, cinnabar, copper, or coal ; that deponent has made no other appli- cation under this act; that he does not apply to purchase the same on speculation, but in good faith to appropriate it to his own exclusive use and benefit; and that he has not, directly or indi- rectly, made any agreement or contract, in any way or manner, with any person or persons whatsoever, by which the title which he might acquire from the Grovernmentof the United States should inure, in whole or in part, to the benefit of any person except himself; which statement must be verified by the oath of the applicant before the register or the receiver of the land-office within the district where the land is situated; and if any person taking such oath shall swear falsely in the premises, he shall be subject to all the pains and penalties of perjury, and shall forfeit the money which he may have paid for said lands, and all right and title to the same ; and any grant or conveyance which he may have made, except in the hands of hona-fide purchasers, shall be null and void. Sec. 3. That upon the filing of said statement, as ])rovided in the second section of this act, the register of the land-office shall post a notice of such application, embracing a description of the land, by legal subdivisions, in his office, for a period of sixty days, and shall furnish the applicant a copy of the same for publication, at the expense of such applicant, in a newspaper published nearest the location of the promises, for alike period of time; and after the expiration of said sixty days, if no adverse (ilaim shall have been tiled, the person desiring to purchase shall furnisli to the register of the land-office satisfactory evidence; first. That said notice of the apolication prepared by the register as aforesaid was EIt THE FOREGOING liAWS. Casli Applicatioii. No Land-Office at , {Date) , 18—. I^ L_-, of county, , do hereby apply to purchase the' of section , in township , of range , con- taining acres, according to the returns of the Surveyor-Gen- eral, for which I have agreed with the register to give at the rate of per acre. I, , register of the land-office at , do hereby cer- tify that the lot above described contains acres, as mentioned above, and that the price agreed upon is per acre. , Register. Cash Receipt. ^Q^ . Receiver's Office at {Date) , 18— Received from , of county, , the sum of dollars and cents, being in full for the quarter of section No. -, in township No. , of range No. , coutainhig acres and hundreths, at $ per acre. , Recemer. Cash Certificate. No Land-Office at , {Date) , 18—. It is hereby certified that, in pursuance of law, , of county. State of , on this day purcliased of the register of this office' the lot or of section No. , in township No. FO£MB. 211 , of range No. , containing acres, at the rate of dollars and cents per acre, amounting to dollars and cents, for which the said ha — made payment in foil as required by law. Now^ therefore^ he it known^ that on presentation of this certifi- cate to the Commissioner of the General Land-Office, the said shall be entitled to receive a patent for the lot above de- scribed. , Register. Pre-emption Declaratory Statement. RECEIPT AND CER'riFICATE. Lajtd-Office at {Date) , 18 . Mr, has this day paid dollars, the register's and receiver's fees, to file a declaratory statement, the receipt whereof is hereby acknowledged. , Receiver. No. . Mr. , having paid the fees, has this day filed in this office his declaratory statement. No. , for of section ^ in township , of range , containing acres, settled upon , 18 — , being offered. , Register. Pre-emption Declaratory Statement for Offered Lands. -, of , being , have, on the day of ■ A. D. 18 — , settled and improved the quarter of section No. , in township No. , of range No. , in the district of lands subject to sale at the land-office at , and containing acres, which land has not yet been offered at public sale, and thus rendered subject to private entry; and I do hereby declare my intention to claim the said tract of" land as a pre-emption right under section 2259 of the Revised Statutesof the United States. Given under my hand this day of , a. d. 18 — . In presence of . Pre-emption Declaratory Statement for XTnoffered Ijands. -, of, , being , have, since the 1st day of , A. D. 18 — , settled and improved the quarter of section No. , iu township No. , of range No. , in the district 212 LAND-OFFICE of land subject to sale at the land -office at - — -, and containing acres, wh^ch land had been rendered mhject to private entry prior to my settlement thereon; and I do hereby declare my intention to claim the said tract of land as a pre-emption right, under section 2259 of the Revised Statutes of the United States. Given under my hand this — =-day of , a. d. IS — . In presence ot Affidavit Required of Pre-emption Claimant. I^ , claiming the right of pre-emption, under section 2259 of the Revised Statutes of the United States, to the of section No. , of tov^nship No. , of range No. , sub- ject to sale at , do solemnly that I have never had the benefit of any right of pre-emption under said section ; that I am not the owner of 320 acres of land in any State or Territory of the United States, nor have I settled upon and improved said land to sell the same on speculation, but in'good faith to appropriate it to my own exclusive use or benefit; and that I have not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whomsoever, by which the title which 1 may acquire from the Government of the United States should inure, in whole or in part, to the benefit of any person except my- self. 1 , of the land-office at , do hereby certify that the above affidavit was subscribed and sworn to before me this day of , A. D. 18 — . Pre-emption Proof. I'BSTIMONY OF CLAIMANT. , being called as a witness in ^own behalf in sup- port of pre-emption claim to the , testifies as follows : Ques. 1. What is your name ^Be careful to give it in full, cor- rectly spelled, in order that it may be here written exactly as you wish it written in the patent which you desire to obtain.) Aiis. . Ques. 2. What is your age ? Ans. . Qiics. 3. Are you the head of a family, or a single person; and, if the head of a family, of whom does your family consist? Ans. . Ques. 4. Are you a native-born citizen of the United States? FORMS. 213 If not, have you declared jour intention to become a citizen, and have you obtained a certificate of naturalization ?* Ans. . Ques. 5. Is the land embraced in your pre-emption claim, above described, included within the limits of an incorporated town; or has it been selected as the site of a city or town, and actually set- tled and occupied for purposes of trade and business ? Ans. . Ques. 6. Are there any indications of coal, salines, or minerals of any kind on this land ? (If so, state what they are, and whether the springs or mineral deposits are valuable.) Ans. . Ques. 7. Is the land more valuable for agricultural than mineral purposes? Ans. . Ques. 8. What is your post-ofiSce address ? Ans. . Ques. 9. Are you the owner of 320 acres of land in any State or Territory ? Ans. . Ques. 10. Have you left or abandoned a residence on land of your own in this — — to reside upon the land above described ? Ans. . Ques. 11. Have you ever filed a pre-emption declaratory state- ment for other land than that above described ? (If so, give, as nearly as you can, the date thereof and description of the land.) Ans. . Ques. 12. Have you heretofore made a pre-emption entry? Ans. . Ques. 13. Have you settled upon and improved the land for which you now apply, to sell the same on speculation ? Ans. . Ques. 14. Have you given any mortgage on this land, and have you made any agreement to sell the same ? Ans. . Ques. 15. When did you make settlement on the land, and what constituted your first act of settlement ? Ans. . Ques. 16. What improvements, if any, were on the land at date of your settlement? (If any, state who owned them, and whether they now belong to you.) Ans. . Ques. 17. What improvements have you made on this land sub- sequent to your first act of settlement? (Describe them, and state the total value of the improvements owned by you tliereon.) Ans. . *In case the party has been naturalized, or has only declared his intention to become a citizen, a certified copy of his certificate of naturalization or declara- tion of intention, as the case may be, must be furnished. S14 LAUD-OFFICB Qnes. 18. When did you first establish your residence upon the land ? Ans. . Ques. 19. Have you resided upon the land ever since f Ans. . Ques. 20. What use have you made of the land ? Ans. . Ques. 21. How much of the land, if any, has been broken and cultivated since your settlement ? Ans. . I hereby certify that each question and answer in the foregoing testimony was read to the claimant before signed name thereto, and that the same was subscribed and sworn to before me this day of , 18 — . [The testimony of two witnesses, in this form, taken separately, required in each case.] Ppe-emption Proof. TESTIMONY OF WITNESS. -, being called as a witness in support of the pre-emp- tion claim of to the , testifies as follows: Ques. 1. What is your post-office address? Ans. Ques. 2. What is your occupation? Ans. Ques. 3. Are you well acquainted with , the claimant in this case, and how long have you known ? Ans. Ques. 4. How old do you know or believe claimant to be ? Ans. Ques. 5. Is claimant the head of a family, or a single person; and, if the head of a family, of whom does the family consist ? Ans. Ques. 6. Is claimant a native-born citizen of the United States? (If not, state, if you can, what steps ha— taken to be natural- ized.) Ans. Ques. 7. Are you acquainted with the land above described ? Ans. Quos. 8. Do yon live in the vicinity of the land ? Ans. Ques. 9. Is this land within the limits of an incorporated town, or has it been selected as the site of a city or town, and actually settled and occupied for purposes of trade and business ? POKMS. 215 Ans. Ques. 10. Are there any indications of coal, salines, or minerals of any kind on this land? If so, state what they are, and whether the springs or mineral deposits are valuable. Ans. Qnes. 11. Is the land more valuable for agricultural than mineral purposes ? Ans. Ques. 12. Is the claimant the owner of 320 acres of land in any State or Territory? (State your knowledge in this regard.) Ans. Ques. 13. Has the claimant left or abandoned a residence on land of own in this to reside upon land above described ? (State your knowledge in this regard.) Ans. Ques. 14. Has the claimant ever tiled a pre-emption declaratory statement for other land tlian that above described, or has heretofore made a pre-emption entry ? (State your knowledge in this regard.) Ans. Ques. 15. Do you know whether the claimant has given any mortgage on this land, or made any agreement to sell the same? (State your knowledge in this regard.) Ans. Ques. 16. When did claimant first make settlement on the land, and what constituted his first act of settlement? Ans. Ques. 17. What improvements does the claimant possess on the land, and what is the value of the same? Ans. Ques. 18. When did claimant first establish a residence upon the land ? Ans. Ques. 19. Has claimant resided upon the land continuously ever since ? Ans. Ques. 20. For what purpose has the land been used by claimant ? Ans. Ques. 21. How much of the said land, if any, has been broken and cultivated since the claimant made settlement thereon ? Ans. Ques. 22. Is it your belief that has acted in good faith in the settlement and improvement of the said land under the pre- emption laws ? Have you any knowledge to the contrary? Ans, Ques. 23. Are you interested in this claim ? Ans. I hereby certify that witness is a person of respectability; that each question and answer in the foregoing testimony was read to 216 LAND OFFICE before signed name thereto, and that the same was subscribed and sworn to before me this day of , 18 — , Homestead. Land-Office at Application No. . {Date) , 18 — . I, , of , do hereby apply to enter, under section 2289 of the Revised Statutes of the United States, the of section , in township , of range , containing acres. Land Office at , (Bate) , 18—. I, , , register of the land-office, do hereby certify that the above application is for surveyed lands of the class which the applicant is legally entitled to enter under section 2289 of the Revised Statutes of the United States, and that there is no prior valid adverse right to the same. , Register. Homestead. affidavit. Land-Office at (Bate) , 18—. I, , of , having filed my application No. , for an entry under section 2289 ot the Revised Statutes of the United States, do solemnly swear that [kere state whether the applicant is the head of a farnily^ or over twenty-one years of age; whether a citizen of the United States^ or has filed a declaration of intention of heconting such; or, if und&r twenty -one years of age^ that he has served not less than fourteen days in the army or navy of the United States during actual war; that said application. No. , is mode f(/r his or her exclusive henefit; and that said entry is made for the purpose of actual settlement and cultivation^ and not, directly or indirectly, for the use or henefit of any other person m^ persons whorn.s'^rver\ and that I have not heretofore had the benefit of ^aid section •22S9. Sworn to and subscribed this day of , before Register {ar Rr) , 18—. It is hereby certified, pursuant to section 2291, Revised Statutes of the United States, that , of, county, , has made payment in full for of section No. , in township No. , of range No. , containing acres. Now. therefore, be it known, that on presentation of this certifi- 222 LAND-OFFIOE cate to the Commissioner of the General Land-Office, the said shall be entitled to a patent for the tract of land above described. , RegiMer. [To be used in cases of commuted homestead entries. For taking the testimony of claimant and his witnesses in making commutation proof, use the prescribed forms for " Homestead Proof."] Cominuted Homestead Affidavit. I, , claiming the riirht to commute, under section 2301 of the Revised Statutes of the United States, my homestead entry No. , made upon the section , township , range , do solemnly swear that I made settlement upon said land on the day of , 18 — , and that since such date, to wit, on the day of 18 — , I have built a house on said land, and have continued to reside therein up to the present time; that I have broken and cultivated acres of said land, and that no part of said land has been alienated, except as provided in section 2288 of the Revised Statutes, but that I am the sole hona-fide owner as an actual settler. I further swear that I have not heretofore perfected or aban- doned an entry made under the homestead laws of the United States. Land-Office, Subscribed and sworn to before me this day of , Register. Adjoining Farm Homestead. AFFIDAVrr. Land Office at • {Date) , 18—. I, , of , having tiled my application No. , for an entry under the provisions of the act of Congress approved May 20, 1862, entitled 'An Act to secure homesteads to actual settlers on the public domain," do solemnly swear that {here state whether the applieant is the head of a family^ or over twenty- one years of age; whether a citizen of the United States., or has filed his declaration of iritention of becoming such; or^ if under twenty-one years of age, that he has served not less than fourteen days in the army or nanyy of the United States during actual wa7')\ that said entry is made for my own exclusive benefit, and FORAis. 223 not directly, or indirectly, for the benefit or use of any other person or persons whomsoever; neither have 1 heretofore perfected or abandoned an entry made under this act; that the land embraced in said application No. is intended for an adjoining farm homestead; that I now own and reside upon an original farm con- taining acres, and no morej that the same comprises the of section , township range , and is contiguous to the tract this day applied for. Sworn to and subscribed this day of , before of the Land Office. Final Affidavit Required of Adjoining Farm Homestead Claimants. I, , having made a homestead entry of the section No. , in township No. , ot range No. , subject to entry at , for the use of an adjoining farm owned and occupied by me on the of section No. , in township No. , of range No. , under section 2289 of the Revised Statutes, do now apply to peifect my claim thereto by virtue of section 2291 of the same, and for that purpose do solemnly that I am a citizen of the United States ; that I have continued to own and occupy the land constituting my original farm, having resided thereon since the day of , 18 — , to the present time, and have made use of the said entered tract as a part of my homestead, and have improved the same in the following manner; viz., . That no part of said land has been alienated, but that I am the sole bona- jide owner as an actual settler ; that I will bear true allegiance to the Government of the United States ; and, further, that I have not heietofore perfected or abandoned an entry under the home- stead laws. I, , of the land-office at , do hereby certify that the above affidavit was taken and subscribed before me this — — day of , 18—. [To be used in making final proof in cases where preemption filings have been changed to homestead entries under the acts of March 3, 1877, and May 27, 1878.] Pre-emption Homestead Affidavit. 1, , having changed my pre-emption declaratory state- ment No. , tiled the day , 18 — , alleging settlement 224 LAND-OFFICE the day of , 18 — , for the section No. , in town- ship No. , of range No. , to homestead entry original No. , district of lands subject to entry at , under the act- of Congress approved March ^3, 1877, and May 27, 1878, do sol- emnly swear that I have never had the benefit of any right of pre- emption under section 2259 of the Revised Statutes of the United States; that I liave not heretofore filed a pre-emption declaratory statement for another tract of land ; that I was not the owner of three hundred and twenty acres of land in any State or Territory of the United States at.any time during the above-mentioned period of settlement under the pre-emption statutes; that I did not re- move from my own land within the State of to make the set- tlement above referred to; nor have I settled upon and improved said land to sell the same on speculation, but in good faith to ap- propriate it to my exclusive use or benefit ; and that I did not, during the period of pre-emption settlement above-mentioned, directly or indirectly, make any agreement or contract, in any way or manner, with any person or persons whatsoever, by which the title which I might acquire from the Government of the United States would inure, in whole or in part, to the benefit of any per- son except myself. I, , of the land-office , do hereby certify that the above affidavit was subscribed and sworn to before me this day of , 18 — . Additional Homestead.— Act of March 3, 1879. Application ) Land-Office at , %, . \ {Bate) , 18—. I, , of , do hereby apply to enter, under the act of March 3, 1879, the of section, in township , of range , containing acres, as additional to my entry No. , for the of , section -, in township , of range Land-Office at , {Bate) , 18—. 1, , register of the land-office, do hereby certify that the above application is for surveyed lands of the class which the applicant is legally entitled to enter under the act of March 3, 1879, and that there is no prior valid adverse right to the same. , Register. Additional Homestead.— Act of March 3, 1879. AFFIDAVIT. LaNI>OfFICE a I' , {Bate) , 18—. I, , of , having filed my application No. , for an entry under the act of March 3, 1879, do solemnly swear that FOKMS. 225 Qiere state whetlier the appUcant is the head of a family, or over twenty-one years of age\ xohether a citizen of the United States, or has filed his deolaration or intention of hecotning such; or, if under twenty-one years of age, that he has served not less than four- teen days in the army or navy of the United States dttring actual loary, that said application No. is made for my exclu- sive benefit; and that said entry is made for the purpose of actual settlement and cultivation, and not, directly or indirectly, for the use or benefit of any other person or persons whomsoever, and that I have not heretofore had the benefit of said act. Sworn to and subscribed this — day of , before Register and Receiver. Soldiers' Homestead. HOMESTEAD DECLARATION- No. Land-Office at , {Date) , 18—. I, -, do hereby declare and give notice that I claim for a homestead, under section 2304 of the Revised Statutes of the United States, granting homesteads to honorably discharged sol- diers and sailors, their widows and orphans, the of section , of township , of range , containing acres; and I farther declare that I take the said tract of land for actual settle- ment and cultivation and for my own use and benefit. Per His Attorney in fact. Soldiers' Homestead. APPLICATION. LaJSTD-OfFICE AT {Date)- — , 18—. I' , hereby apply to enter, under section 2304 of the Revised Statutes of the United States, the of section , of township , of range , containing acres; and for which I filed my declaration on the day of • , through , my duly appointed agent. I' . register of the land-office at , do hereby certify that filed the above application at this oflice on the 15 *> 226 LAJ!n)-OFFICB day of , and that he has taken the oath and paid the fees and commissions prescribed by law. , Register. Soldiers' Homestead. AFFIDAVIT. No. — . Land-Office at , {Date) , 18—. I, -^ of -, do so^lemnly swear that I am a , of the age of twenty-one years and a citizen of the United States; that I served for ninety days in company - — », regiment United States volunteers; that I was mustered into the United States mil- itary service the day of , and was honorably discharged therefrom on the day of ; that I have since borne true allegiance to the Government; and that I have made my applica- tion, No. , to enter a tract of land under section 2304 of the Revised Statutes of the United States, giving homesteads to hon- orably discharfjed soldiers and sailors, their widows and orphan children; that I have made said application in good faith, and that I take said homestead for the purpose of actual settlement and cultivation, and for my own exclusive use and benefit, and for the use and benefit of no other person or persons whomsoever; and that I have not heretofore acquired a title to a tract of land under the homestead laws, or voluntarily relinquished or abandoned an entry heretofore made under said laws : so help me God. Sworn to and subscribed before me, register of the land-office at — , this — day of , 18 — . Register. Soldiers' Additional Homestead Entry under Section 2306 of the Revised Statutes of the United States. APPLICATION. No. . Land-Office at , {Date) , 18—. I, , of county, State of , being entitled to the benefits of section 2306 of the Ilevised Statutes of the United States, granting additional lands to soldiers and sailors who served in the war of the Rebellion, do hereby apply to enter the of section , of township , of range , containing acres, as additional to ray original homestead on the of sec- tion , of township , of range , containing acres, which I entered , 18 — , per homestead No. . FOBMS. 227 Land-Office at . {Date) , 18—. I, , register of the land-office at , do hereby cer- tify that filed the above application before me for the tract of land therein described, and that he has paid the fee and commissions prescribed by law. , Register. Soldiers' Additional Homestead Entry under Section 2306 of the Revised Statutes of the United States. Land-Office at , {Date) , 18—. Final Certificate ) ( Application, No. . f I No. . It is hereby certified that, pursuant to the provisions of section 2306 of the Revised Statutes of the Uniced States, — has paid the fee and commissions, and made entry of the of sec- tion , of township , of range , containing —. acres, which, added to the quantity embraced in his original homestead, No. , on which he made his final proof, as per certificate No. , does not exceed 160 acres. Now, therefore, be it known that, on presentation of this certifi- cate to the Commissioner of the General Land-Office, the said shall be entitled to a patent for the tract of land above described. , Register. Indiqn Homestead under Act of March 3, 1875. AFFIDAVIT. I, , of , having filed my application No. for an entry under the provisions of the act of Congress of March 3, 1875, do solemnly swear that I am an Indian, formerly of the — • — tribe; that I was born in the United States; that I have abandoned my relations with that tribe and adopted the habits and pursuits of civilized life {here state whether the applicant is twenty-one years of age^ or the head of a family) \ that I desire said land for the purpose of actual settlement and cultivation, and not, directly or indirectly, for the use or benefit of any other person or persons whomsoever; and that I have not heretofore had the benefit of said act. Sworn to and subscribed before me, this day of , 18—. Register {or Receiver.) 228 LAND-OFFICE Corroborative AflBdavit— Indian Homestead — Under Act March 3, 1875. and do solemnly swear that wo are well acquainted with , and know that he is an Indian, for- merly of the tribe; that he was born in the United States; 'that he has abandoned his relations with that tribe, and adopted the habits and pursuits of civilized life {here state that he is twenty- one years of age^ or^ if not, that he is the head of a family'). Sworn to and subscribed before me, this day of , 18—. Timber-Culture— Act of June 14, 1878. APPLICATION NO. I, , hereby apply to enter, under the provisions of the act of June 14, 1878, entitled, "An Act to amend an act entitled, "An Act to encourage the growth of timber on the Western prai- ries,'" the of section , in township , of range , containing acres. Land-Office at {Date) , 18—. I, , register of the land-office, do hereby certif}^ that the above application is for the class of lands which the applicant is legally entitled to enter under the provisions of the timber-cult- ure act of June 14, 1878; that there is no prior valid adverse right to the same, and that the land therein described, together with the lands heretofore entered under this act and the acts of which this is amendatory in the said section, does not exceed one quarter thereof. , Register^. Timber-Culture— Act of June 14, 1878. affidavit. Land-Office at , {Date) , 18~. I, , having filed my application No. , for an entry under the provisions of an act entitled "An Act to amend an act entitled 'An Act to encourage the growth of timber on the Western prairies,' " approved June 14, 1878, do solemnly that I am FORMS. 229 the head of a family (r?;* over tioenty-one years of age), and a citizen of the United States {or have declared Tny intention to become such); that the section of land specified in my said application is composed exclusively of prairie lands, or other lands devoid of timber; that tins filing and entry is made for the cultivation of timber, and for my own exclusive use and benefit; that I have made the said appli- cation in good faith, and not for the purpose of speculation, or, directly or indirectly, for the use or benefit of any other person or persons whomsoever; that I intend to hold and cultivate the land, and to fully comply with the provisions of this said act; and that I have not heretofore made an entry under this act, or the acts of which this is amendatory. Sworn to and subscribed before me, this day of , 18—. Timber-Culture. Receiver's Receipt, ) ' i Application No. . I I No. . Receiver's Office, (Date) , 18—. Received of the sum of dollars cents, being the amount of fee and compensation of register and receiver for the entry of of section , in township , of range , under the first section of the act of Congress approved June 14, 1878, entitled " An Act to amend an act entitled "An Act to en courage the growth of timber on the Western prairies.' " $ . , Receiver. Desert Land— Act of March 3, 1877. DECLARATION. No. . Land-Office at , {Date) , 18 — . I, , of county, of , being duly sworn depose and declare, that I am a citizen of the United States, of the age of , and a resident of said county and , and by occupa- tion a ; that I intend to reclaim a tract of desert land, not exceeding one section, by conducting water upon the same, within three years from date, under the provisions of the act of Congress approved March 3, 1877, entitled, " An Act to provide for the sale of desert lands in certain States and Territories." The desert land which I intend to reclaim does not exceed one section, and is situated in county, in the land district, and is 230 LAUD-OFFICE described as follows, to wit : the of section No. , town- ship No. , range No. , containing acres. I further depose, that I have made no other declaration for desert lands under the provisions of said act; that the land above described will not, without irrigation, produce an agricultural crop; that there is no timber growing upon said land; that there is not, to my knowledge, within the limits thereof, any vein or lode of quartz, or other rock in place, bearing gold, silver, cinnabar, lead, tin, or copper, or any deposit of coal; that there is not within the limits of said land, to my knowledge, any placer, cement, gravel, or other valuable mineral deposit or salines; that no portion of said land is claimed for mining purposes, under the local customs or rules of miners or otherwise ; that no portion of said land is worked for mineral during any part of the j'ear by any person or persons; that said land is essentially non-mineral land; that I became acquainted with said land by ; and that my declaration therefor is not made for the purpose of fraudulently obtaining title to mineral land, timber land, or agricultural land, but for the purpose of faithfully reclaim- ing, within three years from the date hereof, by conducting water thereon, a tract of land which is desert land within the meaning of the act. Land-Office at . {Date) , 18—. I hereby certify that the foregoing declaration was this day sworn to and subscribed before me. , Register. , Receiver. Desert-Iiand— Act of March 3, 1877. AFFIDAVIT. No. . Land- Office AT , '' {Date) , 18—. I, , of county, , being duly sworn, declare, upon oath, that I am a resident of said county and ; that I am of the age of , and by occupation a ; that I am well acquainted with the character of each and every legal subdi- vision of tiie following described land; the section No. , township No. , range No. , containing acres; that I be- came acquainted with said land by ; that Ihave been acquainted with it for years last past; that 1 have frequently passed over it; that my knowledge of said land is such as to enable me to testify understandingly concerning it; that the same is desert land within the meaning of the second section of the act of Congi'ess approved March 3. 1877, entitled "An Act to provide for the sale of desert lands in certain States and Territories;" that said land FORMS. 231 will not, without artificial irrigation, produce any agricultural crop; that no agricultural ciop has ever been raised or cultivated on said land for the reason that it does not contain sufficient moisture for successful cultivation; that the same is essentially dry and arid land, wholly unfit for cultivation without artificial irriga- tion; that said land cannot be successfully cultivated without reclamation by conducting water thereon; that said land has hitherto been unappropriated, unoccupied, and unsettled. Because it has been impossible to cultivate it suces?fully on account of its dry and arid condition; that it is a fact well known, patent, and notorious, that the same will not, in its natural condition, produce any crop, that the land is the ; that there is no timber growing thereon, but that it is devoid of timber; that there is not, to my knowledge, within the limits thereof, any vein or lode of quartz, or other rock in place, bearing gold, silver, cinnabar, lead, tin, or copper, or any deposit of co^.1; that there is not, within the limits of said land, to my knowledge, any placer, cement, gravel, or other valuable mineral deposit or salines; that no portion of said land is claimed for mining purposes under the local customs or rules of miners or otherwise; that no portion of said land is worked for mineral during any part of the year by any person or persons; that saitl land is essentially non-mineral land; that I am not interested in any way or manner, directly or indirectly, present or prospective, in any application or declaration made or to be made for said land or in the land itself, or in the title which may by any person or in any manner be acquired thereto. Desert Land Certificate. No. . United States Land- Office, , 18—. It is hereby certified that under the provisions of the act of Con- gress approved March 3, 1877, entitled "An Act to provide for the sale of desert lands in certain States and Territories," has this day filed in this office his declaration of intention to reclaim the following-described tract of land, viz. : ; that he has proven to our satisfaction that the said tract of land is desert land as defined in the second section of said act, and that he has paid to the receiver the sum of dollars, being at the rate of twenty-five cents per acre for the land above described. It is, therefore, further certified, that if within three years from the date hereof the said , his heirs or legal representa- tives shall satisfactorily prove that the said land has been reclaimed by carrying water thereon, and shall pay to the receiver the addi- tional sum of one dollar per acre for the land above described, he 232 LAND-OFFICE or they shall be entitled to receive a patent therefor under the provisions of the said act. . , Register. ® , Receiver. Note —The word "heirs" is substituted in this form for the word " assignee," the Secretary of the Interior having declined to recognize the assignment of desert land claims. Final Proof Under tlie Desert Land Act of March 3, 1877. [see pre-emption proof.] Final Proof Under the Desert Land Act of March 3 ,1877. [see pre-emption final proof.] Desert Land— Act of March 3, 1877. Receiver's Final Receipt No. . Declaration No. — Land-Office at , {Date) , IS—. Received from , of county, , the sum of dollars and cents, being final payment of one dollar per acre for tljQ containing acre?, at one dollar and twenty-live cents per*acre, the sum of twenty-five cents per acre having been here- tofore paid, as per original receipt No. . ^ * ■ , Receiver. Desert Land— Act of March 3, 1877. Register's Final Certificate No. Declaration No. . Land-Office at , {Date) , 18—. It is hereby certified that, in pursuance of the act of Congress, approved March 8, 1877, entitled ''An Act to provide for the sale of desert lands in certain States and Territories," , of countv. State or Territory of , has purchased of the regis- ter of this oftice and made payment in full for the land described as follows, to wit : , containing acres, at the rate of one dollar and twenty-five cents per acre, amounting to dollars. Now, therefore, be it known, that on presentation of this certifi- cate to 'the Commissioner of the General Land-Office, the said FORMS. 233 sliall be entitled to receive a patent for the tract of land above described. , Register. Note. — See original declaration and receipt, No. — . Timber and Stone Lands— Act of June 3, 1878. sworn statement. Land-Office at , {Date) , 18—. of county, , desiring to avail myself of the provisions of the act of Congress of June 3, 1878, entitled "An Act for the sale of timber lands in the States of California, Oregon, Nevada, and in Washington Territory," for the purchase of the of section , township , of range , do solemnly that I* ; that the said land is unfit for cultivation, and valuable chiefly for its ; that it is uninhabited ; that it contains no mining or other improvements ; nor, as I verily believe, any valuable depo.sit of gold, silver, cinnabar, copper, or coal; that I have made no other application under said act; that I do not apply to purchase the land above described on speculation, but in good faith to appropriate it to ray own exclusive use and beneiit; and that I have not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whomsoever, by which the title which I may acquire from the* Government of the United States may inure, in whole or in part, to the benefit of any person except myself. Sworn to and subscribed before me tbis day of , 18 - . The following are the Locations of the United States Land-Offices Alabajvia. — Huntsville, Montgomery. Arkansas. — Little Rock, Camden, Harrison, Dardanelle. Arizona Ter. — Prescott, Florence. California. — San Francisco, Marysville, Humboldt, Stockton, Visalia, Sacramento, Los Angeles, Shasta, Susanville, Bodie. Colorado. — Denver City, Leadville, Central City, Pneblo, Del Norte, Lake City. * In case the party has been naturalized, or has declared his intention to be- come a citizen, a certified copy of bis certificate of naturalization or declaration of intention, as the case may be, must be furnished. 234 U. S. LAKD-OFFICES. Dakota Ter. — Mitchell, Watertown, Fargo, Yankton, Bismarck, Deadwood, Grand Forks. Florida. — Gainesville. Idaho Ter. — Boise City, Lewiston, Oxford. Iowa. — Des Moines. "Kan sas. — Topeka, Salina, Indeoendence, Wichita, Kirwin, Con- cordia, Earned, Wa-Keeny. Louisiana. — New Orleans, Natchitoches. Michigan. — Detroit, East Saginaw, Reed City, Marquette. Minnesota. — Taylor's Falls, Saint Cloud, Duluth, Fergus Falls, Worthington, Tracy, Benson, Crookston, Redwood Falls. Mississippi. — Jackson . Missouri. — Boonville, Ironton, Springfield. Montana Ter. — Miles City, Helena, Bozeman. Nebraska. — Norfolk, Beatrice, Lincoln, Niobrara, Grand Island, North Platte, Bloomington. Nevada. — Carson City, Eureka. New Mexico Ter. — Santa Fe, La Mesilla. Oregon. — Oregon City, Roseburg, Le Grand, Lakeview, The Dalles. Utah Ter. — Salt Lake City. Washington Ter. — Olyinpia, Vancouver, Walla Walla, Colfax, Yakima. Wisconsin. — Menasha, Falls of St. Croix, Wausau, La Crosse, Bayfield, Eau Clare. Wyoming Ter. — Cheyenne, Evanston. Note.— By act of July 31, 1876, the land-oflSces in Ohio, Indiana and Illinois ■were abolished; and by act of March 3, 1877, the vacant tracts of public land in Ohio, Indiana and Illinois are made subject to entry and location at the Gen- eral Land-Office, Washington, D. C CHAPTER IX. MILITARY BOUNTY-LAND LAWS, WITH USTSTRTTC- TIONS TO REGISTERS AND RECEIVERS, AND FORMS FROM THE SECRETARY OF THE INTERIOR. The following sections of the Revised Statutes of the United States refer to the assignment of military bounty-land warrants and locations made therewith; and to the application of such war- rants to the location of public lands, viz. : — Sec. 2414. All warrants for military bounty lands which have been or may hereafter be issued under any law of the United States, and all valid locations of the same which have been or may hereafter be made, are declared to be assignable by deed or instru- ment of writing, made and executed according to such form and pursuant to such regulations as may be subscribed by the Commis- sioner of the General Land-Office, so as to vest the assignee with all the rights of the original owner of the warrant or location. Sec. 2415. The warrants which have been or may hereafter be issued in pursuance oi law may be located according to the legal subdivisions of the public lands in one body upon any lands of the United States subject to private entry at the time of such location at the minimum price. When such warrant is located on lands which are subject to entry at a greater minimum than one dollar and twenty-five cents per arce, the locator shall pay to the United States in cash the diiference between the value of such warrants at one dollar and twenty-five cents per acre and the tract of land located on. But where such tract is rated at one dollar and twenty- five cents per acre, and does not exceed the area specified in the warrant, it must be taken in full satisfaction thereof. Sec. 2444. When proof has been or hereafter is filed in the pension office, during the life-time of a claimant, establishing, to the satisfaction of that office, his right to a warrant for military services, and such warrant has not been, or may not be, issued until after the death of the claimant, and all such warrants as have (235) 236 MILITARY BOUNTY been heretofore issued subsequent to the death of the claimant, the title to such warrants shall vest in his widow, if there be one, and if there be no widow, then in the heirs or legatees of the claimant; and all military bounty-land warrants issued pursuant to law shall be treated as personal chattels, and may be conveyed by assignment of such widow, heirs, or legatees, or by the legal representatives of the deceased claimant, for the use of such heirs or legatees only. Sec. 227Y. All warrants for military bounty lands, which are issued under any law of the United States, shall be received in payment of pre-emption rights at the rate of one dollar and twenty- five cents per acre, for the quantity of land therein specified; but where the land is rated at one dollar and twenty-five cents per acre, and does not exceed the area specified in the warrant, it must be taken in full satisfaction thereof. Sec. 2436. All sales, mortgages, letters of attorney, or other instruments of writing, going to afi:ect the title or claim to any warrant issued, or to be issued, or any land granted, or to be granted, under the preceding provisions of this chapter, made or executed prior to the issue of such warrant, shall be null and void to all intents and purposes whatsoever; nor shall such warrant, or the land obtained thereby, be in anywise affected by, or charged with, or subject to, the payment of any debt or claim incurred by any oflBcer or soldier, prior to the issuing of the patent. Sec. 2238. Kegisters and receivers, in addition to their sala- ries, shall be allowed each the following fees and commissions, namely: ****** Fifth. For locating military bounty-land warrants issued since the eleventh day of February, eighteen hundred and forty-seven, and for locating agricultural college land-scrip, the same commis- sion to be paid by the holder or assignee of each warrant or scrip as is allowed for sales of the public lands for cash, at the rate of one dollar and twenty-five cents per acre. FORMS FOR MILITARY BOUNTY LANDS. "^orm.— For the Assignment of a Warrant by the War- rantee. For value received I, A B, to whom the within warrant, No. , was issued, do hereby sell and assign unto C D, of FORMS. 237 county, , and to his heirs and assignees forever, the said war- rant, and authorize him to locate the same and receive a patent therefor. Witness my hand and seal this day ot , 18 — , Attest: A B. [seal.] E F. GH. Form. — Of Acknowledgment Where the Vender is Known to the Officer Taking the Same. State of •. . CO County :'l On this day of , 18 — , before me, personally came A B, to me well known, and acknowledged the foregoing assignment to be his act and deed, and I certify that the said A B is the iden- tical person to whom the within warrant issued, and who executed the foregoing assignment thereof. •"Officer's Signature.] Form. — Of Acknowledgment Where the Vender is not Known to the Officer, and His Identity has to be Proven. State of . - c-o County. On this day of , 18 — , before me personally came A B and E F, of the county of , in the State of , and the said E F, being well known to me as a credible and disinterested person, was duly sworn by me, and on his oath declared and said that he well knows the said A B, and that he is the same person to whom the within warrant issued, and who executed the forego- ing assignment; and his testimony being satisfactory evidence to me of that fact, the said A B thereupon acknowledged the said assignment to be his act and deed. [Officer's Signature.] Form.— For the Assignment of a Warrant by the Assignee. For value received I, C D, to whom the within warrant, Ko. -, was assigned, do hereby sell and assign unto E F, of county, , and to his heirs and assigns forever, the said war- rant, and authorize him to locate the same and receive a patent therefor. Witness my hand and seal this day of , 18 — . Attest: C D. [seal.] GH. 1 J. 238 MILITARY BOUNTY Form.— For the Certificate of Acknowledgment of an As- signment lichen the Same is Written on a Separate Paper and Attached to the Warrant. State of . ) ^^ ss. -} ■County On this day of , 18 — before, me personally came- to me well known, and acknowledged the foregoing assignment to be act and deed, and in my presence this day subscribed name thereto; and I certify that the said is the identical person to whom the annexed warrant, No. , was assigned, and that the said warrant, at the time of making the foregoing assign- ment, was presented by and in the possession of him, the said . [seal.. J Form. — For the Assignment of a Warrant by an Adminis- trator. For value received I, A B, administrator of the estate of G D, deceased, who died intestate, to whom the within warrant, No. , was issued, do hereby sell and assign, '" for the use of the heirs' only," unto E F, of county, , and to his heirs and assigns forever, the said warrant, and authorize him to locate the same and receive a patent therefor. Witness my hand and seal this day of , 18 — . A B, [seal.] Administrator. Attest: GH. IJ. See Rule No. 34. Note.— A certified copy of the letters of administration must accompany this assignment, or a certificate filed from the clerk of the proper court that said letters had "been duly issued and mere in force at the date of the assignment. If the da .same. FORMS. 241 Form. — Of a Power of Attorney to sell a Warrant. Know all men by these presents, that I {here insert the name of the warrantee or owner of the warrant)^ of the county of in the State of , do hereby constitute and appoint • , of the county of , in the State of , my true and hiwful attor- ney, for me and in my name, to sell and convey the within land warrant, No. , for acres, issued under the act of 18—. Witness my hand and seal this day of -, 18 , [Warrantees' or owner's signature.] [seal.] Signed in presence of ^ ■* AB. CD. Form.— For a Power of Attorney to Locate a Warrant. Know all men by these presents, that I {here insert the name of the loarrantee or assignee), of the county of , in the State of ^ , do hereby constitute and appoint A B, of the county of in the State of , my true and 'lawful attorney, for me and in my name, to locate land warrant No. , for acres of land which issued under the act of , 18 — . ' Witness my hand and seal this day of 18 „. J . , [Warrantee's or assignee's name.l TsealI Signed in presence of — ^ l'^^-^-j AB. CD. Form.— Of the Certificate of the Clerk of the Court, Judge, or other Person who is authorized to certify under Seal, to the Official Character of the Officer who takes Acknowledgments of Assignments. State of , ) County. \ ^^' h "f ^' ^^^^^ ?j the court , in the county and State afore- s^d, hereby certify that John Jones, whose genuine sio-nature is afhKed to the above acknowledgment, was, at the time ofassio-ning the same, a justice of the peace {notary puUic, or other oMcer) diiiy authorized by law to take such acknowledgment, and that full taith and credit are due to all his official acts as such. Given under my hand and the seal of said court, "this day AB, Clerk, [seal.] 16 242 RAILROAD LAND EATLHOAD LAND LAWS. Costs of Surveying and Conveying Lands. By a proviso to the act of Congress approved July 31, 18Y6 (19 Stat., p. 121), making appropriatiops for sundry civil expenses of the Government, etc., it is declared : That before any lands granted to any railroad company by the United States shall be conveyed to such company, or any persons entitled thereto under any of the acts incorporating or relating to s:ud company, unless such company is exempted by law from the payment of such cost, there shall first be paid into the Treasury of the United States the cost of surveying, selecting, and conveying the same by the said company or persons in interest. Relinquishments by Railroads in Favor of Settlers. By an act of Congress approved June 22, 1874 (18 Stat., p. 194), it is provided : That in the adjustment of all railroad land grants, whether made directly to any railroad company or to any State for railroad pur- poses, if any of the lands granted be found in the possession of an actual settler whose entry or filing has been allowedunder the pre- emption or homestead laws of the United States subsequent to the time at which, by the decision of the Land-Office, the right of said road was declared to have attached to such lands, the grantees, upon a proper relinquishment of the lands so entered or filed for, shall be entitled to select an equal quantity of other lands in lieu thereof from any of the public lands not mineral, and within the limits of the grant, not otherwise appropriated at the date of selec- tion, to which they shall receive title the same as though originally granted. And any such entries or filings thus relieved from con- flict may be perfected into complete title as if such lands had not been granted : Provided^ That nothing herein contained shall in any manner be so construed as to enlarge or extend any grant to any such railroad, or to extend to lands reserved in any land grant made for railroad purposes : And provided further^ That this act shall not be construed so as in any manner to confirm or legalize any decision or ruling of the Interior Department under which lands have been certified to any railroad company when such lands have been entered by a pre-emption or homestead settler af^er the location of the line of the road and prior to the notice to the local land-office of the withdrawal of such lands from market. Confirmation of Pre-emption and Homestead Claims in Railroad Limits. On the 21st of April, 1876, Congress, by an act entitled "An Act to confirm pre-emption and homestead entries of public lands LA.WS. 243 within the limits of railroad grants incases where such entries have been made under the regulations of the Land Department," declared; That all pre-emption and homestead entries, or entries in com- pliance with any law of the United States, of the public lands, made in good faith by actual settlers, upon tracts of land of not more than one hundred and sixty acres each, within the limits of any land grant, prior to the time when notice of the withdrawal of the lands embraced in such grant was received at the local land- office of the district in which such lands are situated, or after their restoration to market by order of the General Land-Office, and where the pre-emption and homestead laws have been complied with, and proper proofs thereof have been made by the parties holding sucli tracts or parcels, they shall be confirmed, and patent for the same shall issue to the parties entitled thereto. Sec. 2. That when at the time of such withdrawal as aforesaid valid pre-emption or homestead claims existed upon any lands Vvdthin the limits of any such grants which afterward were aban- doned, and, under the decisions and rulings of the Land Depart- ment, were re-entered by pre-emption or homestead claimants, who have complied with the laws governing pre-emption or home- stead entries, and shall make the proper proofs required under such laws, such entries shall be deemed valid, and patents shall issue therefor to the person entitled thereto. Sec. 3. That all such pre-emption and homestead entries which may have been made by permission of the Land Department, or in pursuance of the rules and instructions thereof, within the limits of any land grant at a time subsequent to expiration of such grant, shall be deemed valid, and a compliance with the laws and tlie making of the proof required shall entitle the holder of such claim to a patent therefor. (19 Stat., p. 35.) It is required that every application under this act shall be in such form as to distinctly set forth the facts in the case, and the specific grounds upon which the party applying claims to be included in the terms of the law; and after the application shall have been filed the applicant shall be allowed to make proof of compliance with the pre-emption of homestead laws as provided in this act. Applications under this act must, in all cases, be made to the local land officers of the district within which the land claimed is situated, and the proof required must be taken before them, or before any person authorized by law to take the same. No person shall be deemed to have lost anj^ right who failed to make the proof required by the pre-emption or homestead laws by reasun of any decision or ruling of this office prior to the approval of this act, and all such persons may now make the proof required. 244 BAILEOAD LAND Right-of-Way Railroads. The following is a copy of an act of Congress approved March 3, 1875, granting to railroads the right of way through the public lands of the United States. Be it enacted hij the Senate and Hmtse of Representatives of the United States of America in Congress assembled. That the right of way through the public lands of the United States is hereby granted to any railroad company duly organized under the laws of any State or Territory, except the District of Columbia, or by the Con- gress of the United States, which shall have tiled with the Secretary of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of one hundred feet on each side of the central line of said road; also the right to take from the public lands adjacent to the line of said road material, earth, stone, and timber necessary for the construc- tion of said railroad; also grounds adjacent to such-right of way for station-buildings, depots, machine-shops, side-tracks, turn outs, and water-stations, not to exceed in amount twenty acres for each station, to the extent of one station for each ten miles of its road. Sec. 2. That any railroad company whose right of way, or whose track or road bed upon such right of way, passes through any canyon, pass, or defile, shall not prevent any other railroad company from the use and occupancy of -the said canyon, pass, or defile, for the purposes of its road, in common with the road first located, or the crossing of other railroads at grade. And the location of such right of way through any canyon, pass, or defile shall not cause the disuse of any wagon or other public highway now located therein, nor prevent the location through the same of any such wagon road or highway where such road or highway may benecessary for the public accommodation; and where any change in the location of such wagon road is necessary to permit the passage of such railroad through any canyon, pass, or defile, said railroad company shall, before entering upon the ground occupied by such wagon road, cause the same to be reconstructed at its own expense in the most favorable location, and in as perfect a manner as the original road: Provided, That such expenses shall be equitably divided between any number of railroad companies occupying and using the same canyon , piss or defile. Sec. 3. That the Legislature of the proper Territory may pro- vide for the manner in which private lands and possessory claims on the public lands of the United States may be condemned; and where such provision shall not have been made, such condemnation may be made in accordance with section 3 of the act entitled " An Act to amend an act entitled 'An Act to aid in the construc- tion of a railroad and telegraph line from the Missouri River to the Pacilic Ocean, and to secure to the Government tlie use of the same for postal, military, and other purposes, approved July first, eiu'hteen hundred and sixty-two,'" approved July second, eighteen hundred and sixtv-four. LAWS. 245 Sec. 4. That any railroad company desiring to secure the benefits of this act shall, within twelve months after the location of any section of twenty miles of its road, if the same be upon surveyed lands, and, if upon unsurveyed lands, within twelve months after the survey thereof by the United States, file with the register of the land-office for the district where such land is located a profile of its road; and upon approval thereof by the Secretary of the Interior the same shall be noted upon the plats in said office; and thereafter all such lands over which such right of way shall pass shall be disposed of subject to such right of way: Provided^ That if any section of said road shall not be completed within five years after the location of said section, the rights herein granted shall be forfeited as to any such uncompleted section of said road. Sec. 5. That this act shall not apply to any lands within the limits of any military, park, or Indian reservation, or other lands specially reserved from sale, unless such right of way shall be provided for by treaty stipulation or by act of Congress" heretofore passed. Sec. 6. That Congress hereby reserves the right at any time to alter, amend, or repeal this act, or any part thereof. Approved March 3, 1875. (18 Stat., p. 482.) Texas Lands, and Liands Belonging" to Other States. The public lands of Texas belong to that State and are con- trolled by the laws of the State alone. The school lands and other lands granted by the Government of the United States to the sev- eral States of the Union are also controlled by the laws of the State to which such lands were granted. Persons, therefore, who desire to secure title to any public or unappropriated land in Texas, or to land belonging to any State, should address the Sur- veyor-General, register, or land commissioner of the State in which the desired land is located, asking for proper blank forms, and instructions for application for such land, and enclosing United States postage stamps sufficient to pay return postage on such blanks. The officers addressed will generally take pleasure in remitting the blanks and all information desired. CHAPTER X. HOW I/AWS ARE PUT INTO PRACTICE. As we stated on a former page, there are many laws which the courts vtdll enforce, which are based either on customs so old that no man can remember how or when they originated, or on decis- ions of the Supreme Courts of the different States or of the United States; and such laws will continue to be enforced by the courts until they are modified or repealed by the Legislature of the State. For instance, we do not know when the rule was first established that if one person agrees to purchase a piece of property from another and pays anything of value on the purchase to the other •person, the latter can be compelled to deliver to the former the article purchased, upon tendering payment of the full balance of the contracted price; or, if the article be otherwise disposed of, so that the seller cannot deliver it, the seller can be compelled to pay to the purchaser all damages which he may have sustained on ac- count of the non-delivery of the article; for, although there may be no statutory law providing for such a case, yet, because com- mon custom, long acquiesced in by the people, and the decision of the courts, have established such a rule, on application to the courts by the purchaser, they will compel the seller to deliver the article purchased or to pay damages for neglecting so to do. On the other hand, if the purchaser refuse to complete the pur- chase after having paid any part, the seller can deliver the goods sold, and, on application to the courts, they will compel the pur- chaser to pay for them whatever he agreed to pay, unless the qualities of the goods were misrepresented to him. "Fraur] vitiates every contract," and courts will not sustain any contract which parties have been induced to make by fraudulent representations . Let us suj)po8e a case : Amos Grant and William Jones live near Bodid^ in Mono County, California. Mr. Grant has cows, pigs and chickens : Mr. Jones wislies to )>urchase some of tliera, and he EXEMPLIFIED. 247 agrees to pay Mr. Grant sixty dollars for a certain cow, fifteen dollars for three certain pigs, and six dollars for twelve chickens, and pays twenty-five cents down to Mr. Grant "to bind the ba*- o-ain.'" The payment and acceptance of the twenty-five cents binds both parties to fulfill the contract. We will suppose that this agreement took place on the third day of January, 1883, in the presence of James Johnson, and that Mr. Grant agreed to deliver all the chattels at Mr. Jones's "• corral " on tlie next Monday. That on the fifth day of January, 1883, Mr. Grant delivered the chattels at Mr. Jones's "corral" and demanded payment of the balance of the purchase-money agreed upon, but Mr. Jones, not acting on the golden rule, refuses to pay. How will Mr. Grant obtain his pay ? He must bring a suit for it, and as the value of all the chattels is withinthe jurisdiction of a justice's court, he must bring his action in a justice's court, and in the town where Mr. Jones resides. There are two forms of complaint, either of which Mr. Grant can adopt, and fi.le with the justice; but whichever form of complaint he may choose, it will be better for him to verify it, for should he not do so, Mr. Jones might tile any kind of an answer without regard to the truth of it, and thus delay the collection of the money. But if the complaint be sworn to, the answer, to be of any value, must also be verified, or, when the time expires for answering, the court will, on slight proof, or none at all, give judg- ment against the defendant. We will now give the two forms of complaint suggested, verify them both, and let Mr. Grant, who will be called the "plaintiff," take his choice. Form of Account Filed as a Complaint. Bodie, Cal., Jan. 5, 1883. Wm. Jones, To Amos Grant, Dr. Jan. 5, 1883, to one cow $60 00 " "to three pigs, @ $5 each 15 00 " "to twelve chickens, 50 cts each 6 00 Total $81 00 Cr. Jan. 3, 1883, by cash 25 Balance due $80 75 248 LEGAL PROCEEDINGS State of California, \ ^^ County of Mono. \ Amos Grant, being first duly sworn, says that the above is a just, true and correct account of the indebtedness of William Jones to him, and that the sum of eighty dollars and seventy-five cents is now due affiant from said Jones, on the said account. Amos Grant. Subscribed and sworn to before me, this 7th day of January, a. d. 1883. Justice of the Peace. Form of Complaint. In Justice's Court, Township of Bodie, County of Mono^ and State of Califmmia. Amos Grant, Plaintiffs j vs. V, William Jones, Defendant. ) Amos Grant, the plaintiff above named, complains of William Jones, the defendant in this action, a resident of Bodie Township, in MonoQownij, State of California, and for cause of action, says: That on or about the third day of January, 1883, at said town of Bodie, this plaintiH bargained- sold and delivered to said defendant, at defendant's special instance and request, certain chattels of the full value of eighty-one dollars (in gold coin), to wit : One cow of the value of sixty dollars, three pigs of the value of fifteen dol- lars, and twelve chickens of the value of six dollars; that said defendant then and there undertook and promised to pay to plain- tiff the said sum of money (in gold coin) whenever requested so to do ; that plaintiff has often requested the said defendant to pay the said sum of money ; but to pay the same, or any part thereof, except the sum of twenty-five cents, the said defendant has hitherto wholly nedected and failed, and still does neglect and fail, to plaintiff 's^damage in the sum of eighty dollars and seventy-five cents (in gold coin(. .j n r. •, Wherefore, plaintiff demands judgment agamst said defendant for the sum of eighty dollars and seventy-five cents (in gold coin), besides costs of this action. Amos Grant, By -, Attmmcy for Plaintiff. State of California, \ County of Jfono. [ Amos Grant, being duly sworn, says that he is the plaintiff in the above entitled action; that he has read the foregoing complaint EXEMPLIFIED. 249 and understands the contents thereof, and that the same is true of his own knowledge. Amos Grmtt. Subscril)ed and sworn to before me, this 7th day of January, a. d. 1883. R. L. Peterson, Justice of the Peace. Now one of the foregoing forms will answer just as well as the other, in a justice's court, for parties are not held to any great strictness of pleadings in these courts; but as the latter is really more finished than the former, and approaches more nearly to the perfection of complaints required in courts of record, we will sup- pose that the plaintiff, Mr. Grant, selects the latter form, and as he has already entitled his action in Justice Peterson's court, and has sworn to his complaint before him, we will take it for granted that he brings his action in his court, which he does by filing the complaint, that is, by letting the justice write "Filed " on the back of the complaint, with the day, and perhaps the hour, that it was handed to him, and signing his name thereto. It may be well to say at this point that the affidavits at the bot- tom of the Forms are called " verifications. " One verifies a peti- tion on information and belief; the last two forms positively, and still another form of verification will appear in these pages, where an attorney, or some other person than the plaintiff, or defendant, will verify the complaint, or the answer. The justice having filed the complaint, the suit is actually com- menced, but it is of no positive value until a summons is issued to give it activity. The plaintiff, therefore, demands that a summons be issued on his complaint, which the justice does substantially in the following: Form. — Summons in a Justice's Court . In Justice's Court of Bodie Township, Count}' of Mono, and State of California. Amos Grant, Plaintiff, vs. "William Jones, Defendant. The People of the State of California.^ to William Jones, Greet- ing: You are hereby summoned to appear before me, at my office, in the town of Bodie., in the county of Mono., on the thirteenth day 250 LEGAL PROCEEDINGS. of January, a. d. 1883, at ten o'clock a. m., to answer unto the complaint of Amos Grant, who sues you to recover the sum of eighty dollars and seventy-five cents in balance due from you upon a contract made on or about the third day of January, 1883, to wit: For certain chattels sold and delivered by said plaintiff to you, on or about said date, at your special instance and request, when judgment will be taken a2:ainst you for the said amount, together with costs and damages, if you fail to appear and answer. To the Sheriff or any Constable of said County, Greeting: Make legal service and due return hereof. Given under my hand this seventh day of January, a. d. 1883. R. L. Peterson, Justice of the Peace of said township. We will now suppose that Mr. Grant fears that when he obtains his judgment in the action, all the property of the defendant, Mr. Jones, will be secreted, while now, at the time of bringing his action, sufficient property of the defendant can be found to satisfy Buch judgment, when obtained, and desirous of securing the pay- ment of his judgment, he determines to have an attachment issue to be served on the defendant's property. To do this, he must make, and tile with the justice, an affidavit, which will be substantially in the following: Form.— Affidavit for a Writ of Attachment. In Justice's Court of Bodie Township, County of Mono, and State of California. Amos Grant, Plaintiff, vs. V Wm. Jones, Defendant. J County of Mono, ss. Amos Grant, the plaintiff in the above-entitlea action, being duly sworn, says, that the above-named defendant is indebted to him, the said ])lainti(f, in the sum of eighty dollars and seventy-five cents, in gold coin, over and above all legal set-ofts and counter- claims, upon an express contract for the direct payment of money; that such contract was made and is payable in this State, and that the payjnent of the same has not been secured by any mortgage on real or personal property; that the said sum, for which an attach- ment is hereby asked, is an actual, bonafide existing debt, due and owing from the said defendant to the said plaintiff, and that EXEMPLIFIED. 251 the said attachment is not sought, and the action is not prosecuted, to hinder, delay or defraud any creditor of the said defendant. Amos Grant. Subscribed and sworn to before me, this 7th day of January, a. d. 1883. R. L. Peteeson. Justice of the Peace. But before a writ of attachment can be issued, the plaintiff must make out and file with the justice an undertaking signed by two sufficient sureties, residents and householders or freeholders of the county in which the action is brought, which undertaking will be substantially as follows: Form.— Undertaking for a Writ of Attachment. In Justice's Court of Bodie Township, County of Mono and State of California. Amos Grant, Plaintiffs vs. Wm. Jones, j Defendant. J Whereas; the above-named plaintiff has commenced an action in the above entitled court against the defendant above named, to re- cover from said defendant the sum of eighty dollars and seventy- five cents, and has made and filed in said court his atiidavit in due form of law for the issuance of a writ of attachment in said action atrainst the property of said defendant, and has demanded that such wnt issue in said action ; now, therefore, we, the undersigned, do undertake and promise, that if the said writ of attachment issue, and the said defendant recover judgment, or if the attachment be dismissed, the said plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of such attachment, in any amount of money not exceeding the sum of two hundred dollars. Witness our hands and seals hereto aflixed, this 7th day of Jan- uary, 1883. _ ^ ^ Ira Noae.Es. [seal,.] Sam'l Oaks, [seal.] Form.— Justification of Sureties. State of California., \ ^^ County oi Mono. ) Ira Noa'kes and Samuel Oaks, sureties on the above under- taking, being first duly sworn, say, each for himself and not one 252 LEGAL PROCEEDINGS I for the other, that he is a resident and householder (or freeholder) ih said Mono County, and is worth the sum of tioo hundred dollars over and above his just debts and legal liabilities and property exempt from execution. Iea Noakes. Sam'l Oaks. Sworn and subscribed before me this 7th day of January, a. d. 1883. R. L. Peterson, Justice of the Peace. Upon the filing of the undertaking, if the justice approves it, he will indorse upon it "Approved," and sign his name to such ap- proval. He will then issue a writ of attachment, which will be substantially in the following : Form.— Of "Writ of Attachment from Justice's Court. In Justice's Court of Bodie Township, County of Mono, and State of California. Amos Grant, Plaintiff, \ vs. > Wm. Jones, Defendant. ) The People of the State of California * to the Sheriff or any Con- stable of the County of Mono, Greeting : You are hereby commanded to attach, and safely keep, all the property of the above-named defendant within this county, not exempt from execution, or so much thereof as may be sufficient to satisfy the ])laintiffs demand, to wit, the sum of eiglity dollars and seventy-five cents, besides the costs; unless said defendant shall give you security by an undertaking in two sufficient sureties, for said amount and costs; in which case you will take such under- taking. Make due return hereof. Given under my hand, and dated at Bodie Township, on the 7th day of January, a. d. 1883. It. L. Peterson, Justice of the Peace of said toionship. The constable or his deputy will now take tlie summons and the writ of attachment and serve them upon the defendant and on his property, as required by the statute, taking personal property into his possession; but, as this book is intended onlj' to aid people generally, and not to point out the duties of executive officers, no *The Constitution of a State determines " tlie style of its process,'' and if any writ, summons, or other " process '' is in any other style or words than those pre- scribed by the Constitution of the State in which it is issued, the process is void. EXEMPLIFIED. 253 directions will here be given for the service of papers except such, perhaps, as people must serve themselves. We will suppose, however, that Mr. Jones does not wish to have his property taken out of his possession, and that, to prevent this, he gives the con- stable the undertaking mentioned in the writ of attachment. If so, the undertaking will be, substantially, in the following : Form of Undertaking to Prevent the Levy of an At- tachment. In Justice's Court of Bodie Township, County of Mono and State of California. Amos Grant, Plaintiff., vs. William J ones. Defendant. ^ Know all men by these presents, that we, William Jones as principal, and John Doe and Richard Roe as sureties, all residents of the county of Mono., and State of California., are held and firmly bound unto the above-named plaintiff, Amos Grant, in the sum of (two hundred) dollars, payment of which sum to the said Amos Grant, his heirs, executors, administrators, or assigns, well and truly to make, we bind ourselves, our heirs, executors and administrators jointly and severally by these presents. Sealed with our seals, and dated this seventh day of January, a. d. 1883. The condition of the above undertaking;' is such, that, whereas the plaintiff in the above entitled case has commenced an action in the aforesaid court against the above-named defendant for the re- covery of eighty dollars and seventy-five cents (in gold coin); and whereas, an attachment has been issued, directed to the Constable of ^0(:Z«e Township, of the county of Mono., aforesaid, and placed in his hands for execution, whereby he is commanded to attach and safely keep all the property of the said defendant within this county not exempt from execution, or so much thereof as may be sufficient to satisfj" the plaintiff's demand therein stated in con- formity with the complaint at eighty dollars and seventy-five cents (in gold coin), unless the defendant give him security by the undertaking of at least two sufficient sureties, in an amount suflB- cient to satisfy said demand besides costs (or in an amount equal to double the sum claimed, in some States) in which case to take such undertaking; And whereas the said defendant is desirous of giving the under- taking mentioned in said writ: Now, therefore, we the undersigned, residents as above stated, in consideration of the premises, and to prevent the levy of said attachment, do hereby, jointly and severally, undertake in the sum 354 LEGAL PKOCEEDINGtS of (two hnnared) dollars (in gold coin), that if the said plaintiff shall recover judgment in said action, we will pajto the said plain- tiff the amount of said judgment, together with the costs, not ex- ceeding in all the sum of (two hundred) dollars (in gold coin of the United States). Wm. Jones. John Doe. [seal.] RicHAED Roe. [seal.] Form of Justification of Sureties. State of California, \ ^^ County of Mono, f John Doe and Richard Roe, the sureties whose names are sub- scribed to the above undertaking, being severally duly sworn, each for himself says, that he is a resident and householder (or free holder) in said county (or State) and is worth the sum speciied in said undertaking as the penalty thereof, over and above his just debts and legal liabilities, exclusive of property exempt from exe- cution. John Doe^ RicHAKD Rob. Subscribed and sworn to before me, this 7th day of January, A. D. 1883. Eli Johnson, U, g j Notary Pvhlic. It may be, however, that the constable has already levied the attachment and that the defendant desires to have the property released. In such case he would give an undertaking substan- tially after the foregoing, or after the following: Form. — ^Undertaking for Release of Attachment. In Justice Court of Bodie Township, County oi Mono, and State of California . Amos Grant, Plaintif, j vs. \ Wit,liam Jones, Defendant. ) Know all men by these presents, that we, William Jones as prin- cipal, and John Doe and Richard Roe as sureties, all of the county of Mono and State of California, nre held and firmly bound unto Amos Grant in the sum of two hundred dollars, to be p;dd to the said Amo6 Grant, his heirs, executors, administrators or assigns, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, by these nresents. Sealed with our seals, and dated this seventh day of January, A. D. 1883. EXEMPLIFIED. 255 Now the condition of this obligation is such that, whereas, a writ of attachment has issued against the above bounden defendant, William Jones, at the suit of Ames Grant, the plaintitJ above named; and whereas, certain goods and chattels of said William Jones have been attached under and by virtue thereof ; now, in consideration of the release of said goods and chattels from such attachment, if the said Wm. Jones shnll well and truly pay any judgment and costs that the said Amos Grant may recover against him, the said Wm. Jones, then this undertaking shall be null and void, but otherwise it shall be and remain in iull force and effect. Wm. Jones. [seal.] John Doe. [seal.] Richard Roe. [seal.] Immediately after which must follow the justification of the sureties^ John Doe and Richard Roe^ as shown on page 254. If, within ^?;e days {in Ga,liforma) after the summons has been served on the defendant — not counting the day on which oucli ser- vice was made — ^the defendant does not file an answer to the com- plaint (which, in this case, we will .presume he will not do), the justice will enter a judgment in his docket in favor of the plaintiff and against the defendant, in substantially the following: Form. — Judgment in Justice's Gourt. In Justice's Court of Bodie Township, County of Mono^ and State of California. Amos Grant, ] Plaintiffs \ vs. V William Jones, i Defendant. J Now, on this fourteenth day of January, 1883, the above canse being called and no one appearing in behalf of the defendant, his default to answer in said action is duly entered by the court; where- upon, it appearing, to the satisfaction of the court, that the sum- mons in said action was duly served on said defendant on the seventh day of Jannaiy, 18^3, in the said township oi Bodie, and that the court has jurisdiction of said action; and it further appear- ing to the court, from the (verified) complaint of the plaintitt', that the sum of eighty dolUo's and seventy-five cents (in gold coin) is due to said plaintiff from the said defendant; now, in consideration of the premises, it is ordered and adjudged by the court that the said plaintiff. Amos Grant, do have and recover of and from the said defendant, William Jones, the sum of eighty dollars and seventy-fide cents (in gold coin) with legal interest from this date, 256 LEGAL PROCEEDINGS besides the costs of this action, lierein taxed at — — dollars, together with accruing costs. Judgment rendered and entered this fourteenth day of January, A. D. 1883. . K. L. Peterson, ' Justice of the Peace for said Township. An execution can now be demanded by the plaintiff, and by vir- tue of such execution the constable will levy on and sell any prop- erty of the defendant that he can find, unless some of such property be exempt from execution; and should sufficient property be levied on and sold to satisfy the judgment and costs, the judgment must be satisfied by an entry of the fact at the bottom or on the margin of the judgment in the docket of the justice; but if no property of the defendant be found, Mr. G. will have to bring another action on the undertaking given by the sureties on the release of the attachment, unless the sureties pay the judgment voluntarily. The foregoing gives an outline of proceedings in an action at law in any court; for the great difference between justices' courts, and district, and superior courts, is that justices' courts have no jurisdiction; or, in other words, can not act in cases where the amount claimed exceeds the sum over which the Constitution of the State has given such courts jurisdiction and are not considered courts of record ; while superior, circuit and district courts can act in all cases where the amount claimed exceeds the amount named in the Constitution of the State or the enabling act of a Territory for the jurisdiction of justices' courts, and are called courts of record. Justices of the peace, however, must keep a record of all judicial proceedings had before them, in a book called the "Justices' Docket," and as more real business is done in justices' courts than in any others, and as just as important questions of law have to be decided by justices of the peace as are decided by the higher courts, the people should be careful to select for their justices men who are well acquainted with the laws of the State in which they are to act. Before dismissing the subject it may be well to state that every fact necessary to give jurisdiction to a justice of the peace should be affirmatively shown; for, on appeal, the higher courts will presume nothing in favor of justices' courts. In courts of record a different rule prevails, for there every presumption of the appellate court will be in favor of the lower courts, /i-'liis shows the im- portance of perfect conformity to law in the Justices' courts, and the propriety of electing to the important office of justice of the peace, men who understand the law, and who will administer it faithfully. EXEMPLIFIED. 257 Writ for Summoning Jurors. State of -.[ County of The People of the State of {or the State of ), to any (Jonstahle of said County^ Greeting : We command jou to summon lawful men of your county to appear before me at my office at — o'clock — m. (who are not re- lated to plaintili nor defendant), to serve as jurors between said parties in a certain case pending before nie; and have 3^on then and there the names of said jurors and this writ. Witness my hand this — day of , 18 — . John Doe, Justice of the Peace. Summons of Juror. Justice's Court, Township, County of , State of — . , Justice of the Peace. To : You are hereby notified and required to attend before , Justice of the Peace of township above-named on the day of , at o'clock m. at the court-room said justice of the peace, then and there to serve as a juror. By order of , Justice of the Peace. Herein fail not, under the penalty of the law. Served on . ) > A B, Constahle. Date , 18— ) Form of Execution. In the Justice's Court of Township, of County of , State of . The People of the State of , * to the Sheriff or any Con- stahle of the — — County of , Greeting : Judgment. Judgment. Costs Accruing Costs. Execution and Filino; . . $ Levy '....$ Advertisements % Keeping $ *The process must be in the words prescribed by the Constitution of the State. 17 258 LEGAL PROCEEDINGS Whereas, a judgment was rendered before me , a justice of the peace of township in said county of , on the (^av of , 18 — , against , defendant, and in favor of , plaintiff, for the sum of dollars, damages, and dollars, costs of suit ; These are therefore to command you, that out of the personal property, and if sufficient personal property cannot be found, then out of tiie real property of the said , you levy and cause to be made by sale the said amount of dollars, damages, and dollars, costs of suit, together with any costs that may accrue ; and of this writ make legal service and due return within days after jour receipt hereof. Given under my hand this day of , 18 — . Justice of the Peace of said Township. Execution for Fees. In the Justice's Court of ■ Township, in the County of , State of . The People of the State of , * to the Sheriff or any Constable of the said County^ Greeting : Whereas, in a certain suit now pending in the justice's court of the township, of the county aforesaid, wherein is plaintiff , and is defendant , there is due the justice of said township, from the said plaintiff for fees in said case, the sum of dollars; These are therefore to command you, that of the goods and chat- tels, if sufficient, if not, then of the lands and tenements of the said , you levy and cause to be made, by distress and sale, the sura of dollars, fees due as aforesaid, together with all costs that may accrue; and of this writ make legal service and return, on the day after your receipt hereof. Given under my hand at the township of , in the county of , this day of , 18 — . Justice of the Peace in and for said County Constable's Sale. By virtue of an execution issued out of Justice court, of townsliip, county of , State of , dated the day of -, 18 — , in a certain action wherein as re covered judgment against on the day of ^^~- I have levied upon the following described property, to wit : [Describe the property levied oq fully.] * The process prescribed bv the Constitution of the State, or by the organic act of the Territory, must be followed in all writs issued by its officers, or the writs will be void. FXEMPLIFIED. 259 Notice is hereby given that on day the day of 188 — , at o'clock ^ m. of that day at — — county of • I will sell all the right, title and interest of said in and to the above described property, at public auction, for cash to the highest and best bidder, to satisfy said execution and all costs. Dated at , the day of- , 1S8 — . — — ___ ^ Constable. Form.— Of Execution from Justice's Court in Colorado. EXECUTION. State of Colorado, , I County of The People of the State of Colorado, to any Constable of said County^ Greeting: We command you, that of the goods and chattels of A B in your county, you make the sum of dollars and cents debt, and dollars and cents costs, against the said A B, and hereof make return within thirty days from this date. Given under my hand and seal this day of , 18 — . , [seal.] Justice of the Peace. Writ of Restitution.— Statutory Form of in New Mexico. The Territory ofNeio Mexico^ to the Sheriff {or Constable) of County^ Greeting: Whereas, on the day of , 18 — , (A B) obtained judg- ment before the undersigned, justice of the peace, of the township of , in the county of , against , that he have restitution of (here insert a description of the premises as in the complaint if the judgment be for the whole, or as in the judgment if it be for a part), and that he recover of the said the sum of damages, and in addition thereto at the rate of for rents and protits, from the day of 18 — , until restitution shall be made, together with costs; you are hereby commanded to take with you the power of the county, if necessary, and to cause the said to be forthwith removed from the said premises, and the said to have peaceable possession thereof, and that of the goods and chattels of the said you cause to be levied the damnges, rents and profits aforesaid, with the sum of for costs and for this writ, and your fees thereon, and that you return this writ, with your doings thereon, to the undersigned within twenty days front the date hereof. Given under my hand this day of , 18 — . Justice of the Peace. CHAPTER XI. CORPORATIONS, COPARTNERSHIPS, ETC. Corporations are artificial bodies (without souls) existing under the authority of some sovereign power or under the statute of some State or Territory. Such statutes usually name the purposes for which such corporations may be formed, and provide the manner in which they must be formed, or brought into, and continue their existence, which is substantially as follows. In the first place the required number of men named in the statute for forming such corporation must prepare Articles of Incorporation setting forth (generally): 1. The name of the incorporation. 2. The purpose for which it is formed. 3. The place where its principal business is to be transacted. 4. The term for which it is to exist (not exceeding the time limited by the statute under which it is formed). 5. The number of its directors, or trustees (which is usually not less than five nor more than eleven; but the statute of the State under which the corporation is being formed will limit the extreme number in both directions), with the names and residences of those who are appointed to act the first year, etc. 6. The amount of the capital stock of the company (if any), and the number of shares into which it is divided. 7. (If there be a capital stock, the amount actually subscribed and by v/hom.) The Articles of Incorporation should be signed and acknowl- edged by the trustees (or directors), and filed with the county clerk of the county in which the principal business of the company is to be transacted, and a certified copy thereof filed with the Secretary of State, who will, in many States, issue to the corpora- tion, over the great seal of the State, a certificate that such articles, containing the required statement of facts, has been filed in his office. By these acts the parties forming the company, and their successors, will become and be a corporate body. (260) PARTNERSHIP. 261 Articles of Incorporation of the Alabama Cotton Manu- facturing Company. Know all men by these presents, that we the undersigned have this day voluntarily associated ourselves together for the purpose of forming a corporation under the laws of the State of Alabama; and we hereby certify: — First. That the name of said corporation is the Alabama Cotton Manufacturing Company. Second. That the purposes for which said corporation is formed are: The manufacturing of the lint of cotton into sheetings.^ cali- coes^ and all descriptions of cotton cloths^ the hulling of cotton seeds., and preparing oils therefrom., and the sale of the products of such manufacture. Third. That the place where its principal business is to be trans- acted shall be at Troy., in Pike County., State of Alabama. Fourth. That the term for which it is to exist is fifty years from and after the date of its incorporation. Fifth. That the number of its directors (or trustees) shall be seven, and that the names and residences of those who are appointed for the first year are: J. McCaleb Wylie, Troy, Alabama; Andrew P. Love, Troy, Alabama; Bird Fitzpatrick, Troy, Ala- bama; John Key, Troy, Alabama; Henry A. Gaston, San Jose, California; Andrew A. Gaston, San Jose, California; Wm. A. Gaston, San Jose, California. Sixth. That the amount of the capital stock of this corporation shall be one million dollars, divided into ten thousand shares of the par value of one hundred dollars each. Seventh. That the amount of said capital stock which has been actually subscribed is five hundred thousand dollars, and the fol- lowing are the names of the persons by whom the same have been subscribed, to wit: Names of Subscribers. J. McCaleb Wylie Andrew P.Love.. Bird Fitzpatrick.. . John Key Joel Murfree U. L. Jones H. A. Gaston A. A. Gaston Wm. A. Gaston Peter Colman Amount. $50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 262 COKPOKATIONS AND in witness whereof, we have hereunto set our hands and seals, this second day of January, a. d. 1883. J. McCaleb Wylie. [seal.] [Each of the directors (or trustees) should sign, seal and acknowledge the instrument.] Signed and sealed in the presence of Acknowledgment. State of , County of , On this day of , in the year 18—, before me — -, a notary public in and for said county, residing therein duly commissioned and sworn, personally appeared J. McCaieb Wytie, Andr&io P. Love, A. A. Gaston, etc. (all the directors or trustees), who are to me personally known to be the persons whose names are subscribed to the foregoing instrument, and they each duly acknowledged to me that they executed the same. In witness whereof, I have hereunto set my hand and athxed my official seal the day and year last above written. r^ g 1 Notary Public. [The acknowledgment must conform to the requirements of the law of the State in which such acknowledgment may be taken.] LAWS RELATING TO PARTNERSHIPS. 1. Partnership is the association of two or more persons, fur the purpose of carrying on business together, and dividing the profits between them. 2. Part owners of a ship do not, by simply usmg it in a joint enterprise, become partners as to the ship. 3. A partnership can be formed only by the consent of all the parties thereto, and therefore no new partner can be admitted into a partnership without the consent of every existing member thereof. 4. The property of a partnership consists of all that is contrib- uted to the common stock at the formation ot the partnership, and all that is subsequently acquired thereby. 5. The interest of each member of a partnership extends to every portion of its property. 6. In the absence of any agreement on the subject, the shares in PABTNEKSHIP. 263 the profit or loss of the business are equal, and the share of cacli in the partnership property is the value of his original contribution, increased or diminished bj his share of profit or loss. 7. An agreement to divide the protits of a business implies an agreement for a corresponding division of its losses, unless it is otherwise expressly stipulated. 8. Each member of a partnership may require its property to be applied to the discharge of its debts, and has a lien upon the shares of the «ther partners for this purpose, and for the payment of the general balance, if any due him. 9. Property, whether real or personal, acquired with partnership funds, is presumed to be partnership property. Mutual Obligations of Partners. 10. The relations of partners are confidential. They ai-e trus- tees for each other. 11. In all proceedings connected with the formation, conduct, dissolution, and liquidation of a partnership, every partner is hound to act ill the highest good faith toward his copartners. He may not obtain any advantage over them in the partnership affairs by the slightest misrepresentation, concealment, threat, or adverse press- ure of any kind. 12. Each member of a partnership must account to it for every- thing that he receives on account thereof, and is entitled to reim- bursement therefrom for everything that he properly expends for the benefit thereof, and to be indemnified thereby for all losses and risks which he necessarily incurs on its behalf 13. A partner is not entitled to any compensation for services rendered by him to the partnership. 14. A partner may exonerate himself from all future liability to a third person, on account of the partnership, by renouncing, in good faith, all participation in its future profits, and giving notice to such third person, and to his copartners, that he has made sucli renunciation, and that, so far as may be in his power, he dissolves the partnership and does not intend to be liable on account thereof for the future. 15. After a partner has given notice of his renunciation of the partnership, he can not claim any of its subsequent profits; and his copartners may proceed to dissolve the partnership. 264 LAWS OF General Partnership. 16. Every partnership that is not formed in accordance with the law concerning special or raining partnerships, and every special partnership, so far only as the general partners are concerned, is a general partnership. Po-wers and Authority of Partners. 17. Unless otherwise expressly stipulated, the decision of the majority of the members of a general partnership binds it in the conduct of its business. 18. Every general partner is agent for the partnership in the transaction of its business, and has authority to do whatever is necessary to carry on such business in the ordinary manner, and for this purpose may bind his copartners by an agreement in writing. 19. A partner, as sucli, has no authority to do any of the follow- ing acts, unless his copartners have wholly abandoned the business to him, or are incapable of acting : 1. To make an assignment of the partnership property, or any portion thereof, to a creditor, or to a third person in trust for the benefit of a creditor, or of all creditors. 2. To dispose of the good will of the business. 3. To dispose of the whole of the partnership property at once, unless it consists entirely of merchandise. 4. To do any act which would make it impossible to carry on the ordinary business of the partnership. 5. To confess a judgment. 6. To submit a partnership claim to arbitration. 7. To do any other act not within the scope of the preceding section. (Sec. 18.) 20. A partner is not bound by any act of a copartner in bad faith toward him though within the scope of the partner's powers, except in favor of persons who have in good faith parted with value in reliance upon such act. Mutual Obligations of Partners. 21. All profits made by a general partner, in the course of any business usually carried on by the partnership, belong to the part- nership. PARTNERSHIP. 265 22. A general partner, who agrees to give his personal attention to the business of the partnership, may not engage in any business which gives him an interest adverse to that of the partnership, or which prevents him from giving to such business all the attention which would be advantageous to it ; but in other branches of business than those excepted in the two sections, such partner may engage. 23. A general partner transacting business, contrary to the fore- going provisions, may be required by any copartner to account to the partnership for the profits of such business. Liiability of Partners. 24. Every general partner is liable to third persons for all the obligations of the partnership, jointly with his copartners. 25. Any one permitting himself to be represented as a partner, general or special, is liable, as such, to third persons, to whom such representation is communicated, and who, on the faith thereof, give credit to the partnership. 26. No one is liable as a partner, who is not such in fact, except as provided in the last section (above). Termination of Partnerships. 2T. If no term is prescribed by agreement for its duration, a general partnership continues until dissolved by a partner or by operation of law. 28. A general partnership is dissolved as to all the partners: 1. By lapse of the time prescribed by agreement for its dura- tion ; 2. By the expressed will of any partner, if there is no such agreement; 3. ^y the death of a partner; 4. By the transfer to a person, not a partner, of the interest of any partner in the partnership property ; 5. By war, or the prohibition of commercial intercourse between the country in which one partner resides and that in which the other resides; or, 6. By a judgment of dissolution. 266 LAWS OF 29. A general partnership may be dissolved, as to himself only, by the expressed will of any partner, notwithstanding his agree- ment for its continnance; subject, however, to liability to his copartners for any damage caused to them thereby, unless the cir- cumstances are such as to entitle him to a dissolution. 30. A general partner is entitled to a judgment of dissolution: 1. When he, or another partner, becomes legally incapable of contracting; 2. When another partner fails to perform his duties under the agreement of partnership, or is guilty of serious misconduct; or, 3. When the business of the partnership can be carried on only at a permanent loss. 31. The liability ot a general partner for the acts of liis copart- ners continues, even after a dissolution of the copartnership, in favor of persons who had dealings with and given credit to the partnership during its existence, until they have had personal notice of the dissolution ; and in favor of other persons until snch dissolution has been advertised in a newspaper published in every county where the partnership, at the time of its dissolution, had a place of business, if a newspaper is there published, to the extent in either case to which such persons part with value in good faith, and in the belief that such partner is still a member of the firm. 32. A change of the partnership name, which plainly indicates the withdrawal of a partner, is sutficient notice of the fact of such withdrawal to all persons to whom it is communicated ; but a change in the name, which does not contain such an indication, is not notice of the withdrawal of any partner. Liquidation. 33. After the dissolution of the partnership, the powers and authority of the partners are such only as appear in the four sections next following. 34. Any member of a general partnership may act in liquidation of its affairs, except as provided by the next section. 35. If the liquidation of the partnership is committed, by con- sent of all the i)artners, to one or more of them, the others have no rijrht to act therein ; but their acts are valid in fiivor of persons parting with value, in good faith, upon credit thereof. 36. A partner authorized to act in liquidation may collect, com- promise, or release any debts due to the partnership; pay or com- PARTNERSHIP. 267 promise any claims against it, and dispose of the partnership property. 37. A partner authorized to act in liquidation may enter, in tlie name of the firm, into any obligation, by way of satisfaction of a partnership debt, or as a collateral security therefor ; but he can not make, draw, or indorse any other obligation in its name, nor revive a debt against the firm. Form. — Of Agreement of Partnership. This agreement, made the second day of January, a. d. 1882, between Harvey Boone and J. W. Wright, of the town of Bodie, County of Mono, and State of California, witnesseth : That the said parties have agreed to become copartners in the business of wholesale and retail grocery and provision and dry good mer- chants, and, by these presents, do agree to be copartners together under and by the firm name of "Harvey Boone & Co.," for the purpose of buying, selling, and vending all kinds of goods, wares and merchandise belonging to the said business, and to occupy (the store in said town now occupied by them), which partnership shall commence (on the day of making these presents), and con- tinue for the term of (five) years from this day; and, for that pur- pose, each of said parties i»uts into the concern, as his portion of the capital stock of said firm (the sum of twenty-five thousand dol- lars), all of which it is agreed is to be used and employed in com- mon between them, for the support and management of the said business, and for their mutual and equal benefit and advantage. Audit is agreed by the parties to this instrument that, at all times during the continuance of their copartnersiiip, they, and each of them, will give their attendance, and do their, and each of their, best endeavors, and, to the utmost of their skill and ability, exert themselves for their joint interest, profit, benefit, and advantage, and truly employ, buy and sell merchandise with their joint stock, and for the increase thereof, in the business aforesaid; and also that they shall and will, at all times during the said partnership, bear, pay, and discharge equally between them, all rents and other expenses that may be required for the support and management of the said business; and that all gains, profits and increase that shall come, grow, or arise from, or by means of, their said business, shall be divided share and share alike between them; and that all losses that shall happen to their said joint business, by bad debts, poor commodities, or otherwise, shall be borne and paid by them share and share alike. It is further agreed between the said parties that there shall be kept, at all times during the continuance of their copartnership, correct, just, and true books of account, wherein each of the said copartners shall enter and set down, or cause to be entered and set 268 PARTNERSHIP. down, all money by them or either of them, received, laid out, and expended in and about the said business, and also all goods, wares, merchandise, and commodities by them or either of them bought or sold by reason or on account of the said business, and all mat- ters and things whatsoever to the said business and to the man- agement thereof in any wise belonging, which said books shall be used in common between the said copartners, so that either of them may have access thereto at any time, without interi'uption or hindrance of the other. It is also agreed by said copartners, that once in each year, that is to say, on (the first day of July in each and every year) and oftener, if necessary, the said copartners shall make, yield and render, each to the other, a just, true and correct inventory and account of all profits and increase by them or either of them made, and of all losses by them or either of them sustained; and also of all payments, receipts, disbursements, and of all other things by them or either of them made, received, disbursed, acted, done or suffered in their said copartnership and business; and the same account, so made, shall and will clear, adjust, pay and deliver each to the other, at that time, their just share of the profits made in their said business. The said parties further mutually covenant and agree, to and with each other, that during the continuance of the said partner- ship, neither of them shall or will indorse any note, or otherwise become surety for any person or persons whomsoever, without the consent of the other of said copartners; and further, that at the end, or sooner determination of their copartnership, the said co- partners shall and will, each to the other, make a true, just, correct and final account of all things relating to their said business, and in all matters truly adjust the same; and all and every the stock and stocks, and the gains and increase thereof which shall appear to be remaining either in money, goods, wares, fixtures, debts, or otherwise, shall be divided equally between them, share and share alike. In witness whereof the said parties have hereunto set their hands (and seals) at Bodie aforesaid, the day and year first above writ- ten. , Harvey Boone, [seal.] J. W. Wright. [seal.] Signed, sealed and delivered in du- plicate in the presence of J. A. Caldwell, S. B. Ferguson. Form of Renewal of Partnership. Whereas, the partnership formed between the undersigned in accordance with the within agreement will expire on the first day of January, 1885, it is hereby agreed that the said partnership shall PABTNEKSHIP. 269 be continued upon the same terms in every respect as mentioned within, for the further term of iive years from the date above named. Witness our hands hereto this day of , a. d H. Boone. J. W. Wright. Dissolution of Partnerships. Where a partner hip expires, either by limitation of time, mutual consent, or the withdrawal of one or more of its members, public notice of the dissolution should be given in the newspapers, and personal notice should be given to all the former creditors of the firm, or the withdrawing partners may be held responsible for sub- sequent indebtedness contracted by other members of the old firm. Notices substantially in the following form should be published and also sent to former creditors of the firm. Dissolution. Notice is hereby given that the copartnership heretofore existing between the undersigned, under the firm name of , is this day dissolved by limitation and mutual consent. The business will be continued by , at the place of business heretofore occupied by the old firm. Said is hereby authorized to settle all liabilities and collect all outstanding indebtedness due said firm of . Witness our hands and seals this day of , a. d. 18 — . (Signed) , Dissolution. The copartnership heretofore existing under the name and style of , is this day dissolved by limitation. All accounts due us will be paid to our successors, (Date.) We have this day formed a copartnership under the name and style of , for the purpose of continuing the business as successors to (Date.) 270 PARTNERSHIP. Dissolution. The copartnership heretofore existing between the undersigned under the firm name of has this day been dissolved by mutual consent. Mr. has sole charge of adjusting the business of the firm and will receive all moneys due us. (Place and date.) Sometimes one member withdraws from a firm and another partner is admitted to it in the retiring partner's place. In such a case a notice substantially like the following should be published: Notice. (Place and Date.) Mr. has withdrawn from the firm of and Mr, has been admitted in his stead, by consent of the remaining part- ners. CHAPTER XII. FORMS OF COMPLAINTS, ETC. Complaints, answers, and demurrers, are called j^leadings in legal proceedings. A complaint is a formal statement in writing, and in ordinary and concise language, of the facts which constitute a cause of action, made by a person who brings the suit, and is called a "plaintifi," against some other person, who is called a "defendant." An answer is a statement, generally in writing, made by the " defendant," of facts which he may believe to constitute a defense against the complaint of the " plaintiff." A demurrer is an objection, in writing, to the legal sufficiency of the complaint, when made by the defendant, or to the legal sufficiency of the answer, when made by the plaintiff. When complaints fail to state legal causes of action, or fail to comply with the legal requirements of a complaint, they will be successfully demurred to; and when answers tail in like particulars, they, too, will prove of no value unless amended. Pleadings in justices' courts are often oral, particularly answers; and pleadings in those courts are not held to the same strictness as pleadings in courts of record. Let us now suppose that a firm or partnership, consisting ot "William Irwin and J. W. Stewart, does a lumbering business in the town of Bodie, Mono County, California, under the name of J. W. Stewart & Co., and that such firm sold lumber to J. W. Crocker some time in August, 1881, amounting in value to one hundred and thirteen dollars and fifty-three cents; that Mr. Crocker promised to pay for the lumber in September following, and that failing to do so, on the fifth day of October, 1881, the firm brought suit against him to recover the amount. The complaint might read thus: Form For Merchandise Sold and Delivered. In Justice's Court of Bodie Township, County of Mono and State of California, before Thos. ISTewman, Esq., Justice of the (271) 272 FORMS OF Peace. Wm. Irwin and J. W. Stewart, partners, doing busi- ness under the firm name and style of J. W. Stewart & Co., Plaintiff, vs. J. W. Crocker, I Defendant. J The above-named plaintiff, Wm. Irwin and J. W. Stewart, partners, doina; business under the firm name and style of J. "W. Stewart & Co., complain of the defendant above mentioned, J. W. Crocker, and for cause of action say: That between the first day of August and the first day of Sep- tember of A. D. 1881, at the town of Bodie, county of Mono and State of California, the plaintiffs bargained, sold, and delivered to said defendant, at defendant's special instance and request, certain merchandise, to wit., lumber and materials of the full value of one hundred and thirteen dollars and fifty-three cents (in gold coin). That in consideration of said sale and delivery, the said de- fendant then and there undertook and promised to pay the said sura of money to plaintiffs whenever thereafter requested so to do. That plaintiffs have often requested the defendant to pay said sum, but to pay the same, or any part thereof, defendant has hitherto wholly neglected and failed, and still does neglect and fail, to plaintiff's damage, in the sum of one hundred and thirteen dollars and fifty-three cents. Wherefore, plaintiffs demand judgment against said defendant for the sum of one hundred and thirteen dollars and fifty-three cents (in gold coin), besides costs of this action. H. A.G -— , Attorney for Plaintiffs. Form Of Verification by a Book-keeper. State of California, County of Mono. Geo. 11. Winterburn, being duly sworn, says that he is clerk and book-keeper of the plaintiffs above named, and was such at the times stated in the foregoing complaint, and when said lumber and materials were sold and delivered to said defendant, as therein stated; that he has read the said c-mplaint, and understands the contents thereof, and that the same is true of his own knowl- edge, wherefore he verifies the same. G. H. Winterburn. Subscribed and sworn to before me, this fifth day of October, a. d. 1882, Tno8. Nkwman, Justice of t?ie Peace. In connection with the foregoing complaint, it will be proper to say that, by virtue of the general rules of law, the names of all the COMPLAINTS 373 partners constituting a firm, must, if the company (/. e.^ the partner- ship) brings suit, be set out in tlie complaint; but by virtue of a statute of Nevada, if the defeixdants be a partnership, and the names of the partners constituting the firm be unknown to the plaintiff, he may bring suit against them under the name by which they are generally known. In most States, however, where the names of persons constituting a partnership are unknown to the plaintiff, he may use fictitious names for the partners, in his complaint, and when he discovers their real names, ask the court to substitute the real for the fictitious names; and this practice would be good and safe in Nevada, notwithstanding the statute. Form of Complaint against Maker and Indorser of a Promissory Note. In the District Court of the First Judicial District of the State of Nevada, in and for the County of Storey. The Nevada Bank of San Francisco, A Corporation, Plaintiffs vs. A. M. Peters, G. H. Peters and | Wm. Myers, Defendants. J The Nevada Bank of San Francisco, plaintiff above named, comphiins of A. M. Peters, G. H. Peters and Wm. Myers and for cause of complaint alleges : That plaintiff is, and at the times hereinafter mentioned was, a corpnration duly organized and existing under and bv virtue of the laws of the State of California, engaged in the business of bank- ing, selling exchange, receiving deposits, and of loaning money in said State, and also in the State of Nevada. That on the third day of October, a. d. 1882, the defendants, A. M. Peters and G. H. Peters, by their promissory note, promised to pay to the defendant, Wm. Myers, or order, at the agency of the Nevada Bank of San Francisco in the City of Virginia, County of Storey, and State of Nevada, on the third" day of November, a. d. 1882, three hundred and eighty-four dollars ($384.00) in gold coin of the United States, with interest in like gold coin, from date, at the rate of one and one half (1^) per cent, per month until paid, payable monthly, and if not so paid, to become part of the Drincipal' and bear like rate of interest. That prior to the matui'ity of said note, tlie said Wm. Myers indorsed the same to the plaintiff, and at the same time made upon the back of said note the following indorsement, to wit: "For value received I hereby waive presentation of this note to the makers, demand of payment, protest, and notice of non-payment "Wm. Myers." 18 274 FORMS OF That defendants, or either of them, have not paid said note and interest, or any part thereof. Wherefore plaintiff demands judgment for the sum of three hun- dred and eighty-four dollars principal sum, besides interest, as provided in said note, all in gold coin of the United States, and for costs of this action. John Knox Brown, Plaintiff ''s Attorney. Form.— Verification by an Attorney. State ot Nevada, (^ ^^ County of Storey. ) John Knox Brown, being duly sworn, says that he is attorney for the plaintiff in the above entitled action; that he has read the foregoing complaint and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters which are therein stated on information or belief, and as to those matters, that he believes it to be true, and that the reason why he verifies this complaint is because there is not at this date any officer of said corporation, plaintiff, in the said county of Storey. John K. Brown. Subscribed and sworn to before me, this twenty-first day of April, a. d. 1883. ROBT. E. LoWERY, Notary Public, Storey County. We will now suppose that the foregoing complaint is filed with the clerk of the district court for Storey County, and that a sum- mons issued thereon in the following : Form of Summons in District Court. In the District Court of the first Judicial District of the State of Nevada, in and for the County of Storey. The Nevada Bank of San Francisco, _ ] A Corporation, Plaintiffs^ vs. A. M. Peters, G. H. Peters and Wm. Myers, Defendant. Action brought in the district court of the First Judicial Dis- trict of the State of Nevada, in and for the county of Storey, and the complaint filed in said county in the office of the clerk of said district court, on thfe twenty-first day of A])ril, a. d. 1882. The State of Nevada sends greeting to A. M. Peters, G. H. Peters, and Wm. Myers, Defendants: You are hereby required to appear in an action brought against you by the above-named plaintifi in the district court of the First COMPLAINTS. 275 Judicial District of the State of Nevada, in and for tlie connt}-- of Storey, and answer the complaint tiled therein within ten days (exclusive of the day of service) after the service on you of this summons, if served in said county, or, if served out of said county, within twenty days, and in all other cases forty days, or judgment by default will be taken against you according to the prayer of said complaint. The said action is brought to obtain a judgment of said court against you, defendants, for the sum of three hundred and eightv- four dollars, principal sum and interest thereon, as provided in your promissory note, hereinafter mentioned, all in United States gold coin, and for costs of the action. For cause of action plaintifl: alleges, that on the third day of October, a. d. 1882, you, defend- ants, A. M. Peters and G. H. Peters, promised to pay to the defendant, Wm. Myers, or order, at the agency of plaintiff in the city of Virginia, county and State aforesaid, on the third day of November, a. d. 1878, the sum of three hundred and eighty-four dollars in IJnited States gold coin, with interest in like coin thereon from the date of said note, at the rate of one and one-half per cent, per month till paid, payable monthly, and if not so paid to become part of the principal and bear a like rate of interest ; that prior to the maturity of said note the said defendant, Wm. Myers, for value received, indorsed the said note to plaintift" and' waived presentation to makers, demand of payment, protest, and notice of non-payment ; that defendants, or either of them, have not paid said note and interest or any part thereof; all of which will more fully appear by reference to plaintiff's complaint on file herein, a copy of which is served herewith. And you are hereby notified that, if you fail to answer the complaint, the plaintiif will take judgment against you for the sum of three hundred and eighty-four dollars in United States gold coin, with interest and costs as afore- said. Giv^en under my hand and the seal of the district court of the First Judicial District of the State of Nevada, in and for the county of Storey, this twenty-first day of January, in the year of our Lord one thousand eight hundred and eighty-three. Jos. E. McDonald, Clerk, [seal.] By Henry Rolfe, Deputy Clerk. We will suppose further, that the plaintiff", by its attorney, files an affidavit and an undertaking, as required by the statute (both of which will be similar in form to those already given in the pro- ceeding before described in the justice's court), and that a writ of attachment issues in the following : Form of Attachment. In the District Court of the First Judicial District of the State of Nevada, in and for the County of Storey. 276 FORMS OF The Nevada Bank of San Francisco, "| A Corporation, _ ^ I Plaintiff vs. A. M. Peters, G. H. Peters, and Wm. Meters, Defendants. The State of Nevada, to the Sheriff of Storey County, Greeting : Whereas, the above-entitled action was commenced in the First Judicial District of the State of Nevada, in and for the county of Storey, by the above-named plaintiff against the above-named defend'auts, to recover from the said defendants the sum of three^ hundred and eighty-four dollars, with interest^ at one and one-half percent, per. month from the third day of October, a. d. 1882, making about the sum of four hundred and twenty-eight dollars and sixty-six cents in United States gold coin, and costs of suit; and the necessary affidavit and undertaking herein having been filed as required by law ; Now we do command you, the said sherift, that you attach and safely keep all the property of said defendants, or either of them, within your said county (not exempt from execution), or so much thereof as may be sutficient to satisfy said plaintifi's demand, a? above mentioned, in United States gold coin, unless the said defendants give you security, by the undertaking of at least two sufficient sureties, in an amount sufficient to satisfy such demand, ■ besides costs, in which case you will take such undertaking, and hereof make due and legal service and return. Witness my hand and seal of the said district court of the First Judicial District, this twenty-first day of January, a. d. 1883. Jos. E. McDonald, Clerh, By Henry Rolfe, Deputy Clerk. Under the codes there is but one form of civil action, and under each code the complaint must state the cause of the action in ordinary language and in concise and simple terms, and yet differ- ent causes of action, when founded on like facts and between the same parties, may and should be joined in the same complaint when they arise from the same transaction and between the same parties. For instance, a complaint may unite several promissory notes held by one party against another, or may unite a book account and a promissory note against a party, in one complaint, when the basis of the indebtedness is similar, and so with other causes of action. But, altliough the codes provide that there shall be but one form of action, there are different classes of action, and these different classes can not be joined in the same complaint; besides which there are certain words applying to different classes of action, COMPLAINTS. 277 whicli must be used in the complaint, or it will be of no value if objected to by a defendant, and would require to be amended. For instance, a party who sues for wages must allege that a certain amount is due him from the defendant "for work and labor done and performed by him for the defendant," between certain dates, "at the special instance and request of the defendant;" ^ while a party who loans money to another without taking a promissory note for it, should, in his complaint, allege that "the defendant," on or about a certain time, "had and received" certain moneys (naming the amount) from the plaintiff, "at the defendant's special instance and request, and then and there undertook and promised to pay to plaintiff the said sum of money whenever requested to do so," or at some certain date, if the promise were so made. The foregoing remarks are deemed proper for the purpose of directing the attention of non-professional readers, for whose bene- fit this work has been more especially prepared, to the peculiarities of the following forms of complaint as well as the preceding; for although these forms appear to be different, they are really of tte same form, and differ in certain necessary technical words only, and as different matters of action are treated of. Form. — Complaint on Account for Goods Sold and Delivered. In the District Court of the First Judicial District of the State of Nevada, in and for the County of Storey. • Hiram Oaks, ^ Plaintiffs \ vs. V , David Noakes, Defendant. Hiram Oaks, the plaintiff in the above-entitled complaint, com- plaining of David Noakes, the above-named defendant, alleges: That between the day of , a. d. 1881, and the day of , 1882, at the county of Storey above named, the said de- fendant, for and in consideration of certain goods, wares and mer- chandise sold and delivered by plaintiff to said defendant between the dates above named, at the special instance and request of said defendant, undertook and promised to pay to plaintiff the reason- able worth and value of said goods, wares and merchandise, when- ever requested so to do; that the reasonable worth and value of said goods, wares and merchandise is the sum of dollars (in gold coin); that though often requested to pay the said sum of money, the said defendant has hitherto neglected and failed to pay 278 FORMS OF the same or any part thereof, except the sum of dollars, on or about the day of .and the further sum of dollars, on or about the day of , to the damage of plaintiff in the sum of dollars; which sum, with interest thereon from the day of , A. D. 1882, is now due and unpaid. Wherefore plaintiff prays judgment against said defendant for the sum of - dollars (in gold coin), together with interest thereon, from' the day of , A. D. 1882, at the rate of per cent, per annum until the same shall be paid, with costs of suit. A B , Attorney for Plaintiff. The complaint and all the following should be verified, but as several forms of verification have been given, and one other form will be added, it will be unnecessary to repeat the verifications. A different form of complaint for goods sold and delivered will be given hereafter. In the foregoing, any person of ordinary intelli- gence will see how the blanks should be filled. If the defendant in a case like the above should demand the items of the account, they must be furnished him within five days, or no evidence of them can be given in court. Form. — Complaint on a Promissory Note against Maker. In the Superior Court of the State of Califo^'nia in and for the County of Yolo. John Jones, Plaintiffs vs. Peter Holmes, | Pefendant. J The plaintift above named, John Jones, complains of the above- named defendant;, and for cause of action alleges, that on or about the day of , a. d. 1882, the said defendant, for value re- ceived therefor, made his certain promissory note in writing, bearing date on that day, and delivered the same to this plaintift, which promissory note is in the words and figures following, to wit: [Set out an exact copy of the note.] and then and there undertook, and promised to pay the said sum of money named in said promissory note, with interest thereon, at the time and in the manner therein stipulated; that plaintiff is now the holder and owner of said note, and that no part thereof, nor of the interest thereon, has been paid, and that there is now due and unpaid to plaintiff on said promissory note the sum of dollars, with interest thereon at the rate of per cent, per month (the rate named in the note), from the day of , a. d. 1882. COMPLAINTS. 279 Wherefore plaintiff demands judgment against said defendant for the sum of dollars (in gold coin if so stated in the note), with interest thereon from the day of , a. d. 1882, until the same shall be paid (in like gold coin), and for costs. A B , Attorney fo)' Plaintiff. The complaint should be verified. Form. — Complaint on Foreclosure of Mortgage. In the Superior Court of the State of California, in and for the County of Santa Clara. Iea Meek, Plaiiitvff\ vs. }- William Deek, | Defendant, j Ira Meek, the plaintiff in the above- entitled action, complains of William Deek, the above-named defendant, and for cause of action alleges: That on or about the day of , a. d. 1882, at the city of San Jose, in the county of Santa Clara, and State of California, the said defendant made his certain promissory note in writing, bearing date on that day, in the words and figures following, to wit: [Set out here a copy of the note, figure for figure and word for word. Be exact in copying any instrument of writing.] and then and there delivered the same to this plaintiff, and did then and there undertake and promise to pay to plaintiff the sum of (whatever sum is named in the note), with interest thereon at the rate of per cent, yjer month from the date thereof, as and at the time named in said promissory note. That the said defendant, to secure the payment of the said principal sum and the interest thereon as mentioned in said promis- sory note according to the tenor thereof, did execute under his hand (and seal), and deliver to plaintiff, then and there, a certain mortgage bearing date on said day of , a. d. 1882, con- ditioned for the payment of the said sum of dollars and interest thereon at the rate and at the time, and in the manner specified in said promissory note and mortgage, and according to the conditions thereof, which said mortgage was duly acknowledged and certified, so as to entitle it to be recorded, and the same was afterward, to wit, on the day of , a. d. 1882, duly re- corded in the office of the county recorder of the county of Santa Clara, in Liber of mortgages, pages and ; a copy of which said mortgage, Avith the indorsements thereon, is hereunto annexed, marked Exhibit A, and made a part of this complaint. 280 FORMS 01<" by which mortgage tlie said defendant covenanted, promised ;;nd agreed to and with plaintiff, as stated in said mortgage. And plaintiff avers that he is still the holder and owner of said promissory note and mortgage, and that tlie principal sum of dollars mentioned in said instruments, together with interest thereon at the rate of per cent, per , from the day of , A. D. 1882, still remahis due and unpaid from said defend- ant t(^ this plaintiff. (If there be other mortgages or liens on the land described in the mortgage, the holder's name should be added to the title of the action, and a clause should be here added to the complaint similar to the following, and the holders of such liens should be served with process, and made parties to the action. And plaintiff avers that he is informed and believes that and have, or claimed to have, some interest or claim upon said premises, as purchasers, mortgagees, judgment creditors, or otherwise, which interests or claims the plaintiff alleges are subsequent to, and sub- ject to, the lien of plaintiff's said mortgage.) Wherefore, the plaintiff prays judgment against the said defend- ant, "Wm. Deek, for the sum of ' dollars, with interest thereon at the rate of per cent, per , from the day of , 1882, and for costs of suit; tliat the usual decree be made that the premises described in the said mortgage be sold by tlie sheriff of said Santa-Clara County, according to law and the practice of the court; that the proceeds of said sale be applied in payment of the^ amount due to the plaintiff on such judgment; that said plaintiff" may have execution against defendant for any deficiency which may remain after applying all the proceeds of the sale of said premises properly applicable to the judgment herein; that the plaintiff, or any other person, may become purchaser at the sale of said premises; that if the same be not redeemed according to law, the sheriff execute a deed to the purchaser thereof; that such purchaser be let into the possession of the said premises on pro- duction of the sheriff" s deed therefor; and that plaintiff and his successors in interest lierein may have such further relief in the nremises as to this court mav seem meet and a!j;reeable to equity. ^ ' G. II. A—-, Attoi^ney for Plaintiff. The complaint should be verified. Form.— Complaint in Ejectment. In the District Court of the Second Judicial District of the State of Nevada, in and for the County of Washoe. Jonas Benlow, ] PJainfif. I Vn. \ Solon Henshaw, | Defcndiint. J COMPLAINTS. 281 The plaintiffin the above-entitled action complains of the above- named defendant, and for canse of action avers: That on the day of , a. d. 18—, plaintifi was lawfully possessed as owner in fee-simple of that certain lot, piece and parcel of land situate in said county of Washoe, and State afore- said, bounded and described as follows, to wit : [Here insert a coiTCCt description of the land, giving proper metes and bound- aries.] That the plaintiff being so possessed, and, ever since the time above mentioned, entitled to the possession of said land, the said defendant did, afterward, to wit : on said day of , a. u. IS— [Insert the same day mentioned above.] enter into the possession of the said premises and oust the plaintiff therefrom, and ever since said time has unlawfully withheld, and now does unlawfully withhold, the possession thereof from this plaintiff, to plaintiff's damage in the sum of dollars (in gold coin). And plaintiff further avers that the value of the rents, issues, and profits of the said ])remises from the said day of , 18 — , and while the plaintiff has been excluded therefrom by said defendant, is dollars (in gold coin), in which sum he alleges that he sustained damages herein. Wherefore the ]3laintiff prays judgment against said defendant for the restitution of the above-described premises, and for the sum of dollars for the withholding thereof, together with the sum of dollars, the value of said rents and profits, and for costs of suit, all (in gold coin). ^ ^ A. G. H , Attorney for Plaintiff. The complaint should be verified. Form of Complaint on Claim and Delivery of Personal Property. In the District Court of the Third Judicial District of the State of Nevada, in and for the County of Lyon. James Titus, ^ Plaintiffs \ vs. >■ John Bitus, Pefendant. J ' James Titus, in this action, complains of John Bitus, and for cause of action alleges : That on the day of , a. d. 1882, at the county of Lyon, and State of Nevada, the plaintiff was possessed and enti- 282 FORMS OF tied to the possession of the foUowing described goods and chat- tels, of the value of dollars in gold coin, to wit : [Describe the property, and state the value of each article, if convenient, as nearly as can be done.] and that plaintiff ever since said time has been, and now is, enti- tled to the possession of tlie same ; That on the day of , 1882 (giving the same date as above), at the county of Lyon aforesaid, the said defendant, Jolui Bitus, without the consent of plaintiff, forcibly and wrongfully took said goods and chattels from the possession of plaintiff ; That before the commencement of this action, to wit, on the day of , 1882, the plaintiff demanded the possession of said goods and chattels of said defendant, but to deliver the possession thereof,the defendant refused and still refuses ; That defendant still wrongfully withholds and detains said goods and chattels from the possession of pliantiff, to plaintiff's damages in the sum of dollars (the value of the chattels); That the value of said goods and chattels is the sum of dollars. "Wherefore, the plaintiff demands judgment against said defend- ant for the recovery of the possession of said goods and chattels ; or in case a delivery thereof cannot be had, for the sum of dollars, the value thereof, together with dollars damages, and costs of suit. H. G , Attorney for Plaintiff. The complaint should be verified, and if the plaintiff desires to take the property again into his possession forthwith, he must give an undertaking as required by the statute, with two good and sufficient sureties, and must deliver to the sheriff, or other officer serving the papers, such undertaking, and affidavit made by him- self, or by some person in his behalf, with an indorsement in writ- ing thereon by himself or his attorney, requiring the officer to take the goods and chattels into his possession. The affidavit should be substantially in the following : Form of Affidavit. Title as in last form, then as follows : County of Lyon, ss. James Titus, being first duly sworn, says that he is the plaintiff in the above-entitled action ; that he is the owner (or is entitled to the possession), of the following described goods, chattels and property, to wit : [Here describe the property particularly.] That said property is wrongfully detained from the possession of the plainiifi by said defendant; that according to the best COMPLAINTS. 283 knowledge, information and belief of affiant, said defendant claims to hold said property by virtue of [Here state the alleged cause of the detention of the property.] That the said property has not been taken for a tax, assessment or fine pursuant to a statute, or seized under an execution or an attachment, against the propei'ty of the plaintiii (or, if so seized, that it is exempt by statute from such seizure); and that the actual value of said property is dollars. Sworn to and subscribed before me, this day of , a. d. 1882 T. K. Hawkins, Justice of the Peace in said County. Form of Complaint of a Payee of a Bill of Exchange against the Acceptor. In the Superior Court of the State of California, in and for the County of Nevada. T. D. James, Plaintiff., vs. \- A. B Ames.. | Defendant. J T. D. James complains, in this action, of A. B. Ames, a resi- dent of said county of Nevada, and, for cause of action, alleges : That, on the day of , 1882, at the county of , State of , one Amos Aaron made his certain bill of exchange in writing, directed to the defendant, and bearing date on the day above named, in the words and figures following, to wit : [Set out the bill verbatim by copy.] and then and there delivered the said bill of exchange to this plaintiff ; That, on the day of , 1882, at , the said defendant, u]3on sight thereof, accepted said bill of exchange in writing, signed by the said defendant, in the words and figures following, to wit : [Set out the exact words and figures of the acceptance.] That plaintiff is the lawful owner and holder of said bill of exchange, and that no part of the same has been paid ; that there is now due from the said defendant to this plaintiff the sum of dollars, with interest thereon from the day of (the day of acceptance), 1882, at the rate of per cent, per annum. Wherefore plaintiff demands judgment against said defendant for the sum of dollars, with interest thereon at the rate of 284 FORMS OF per cent, per annum, from the day of ^, 1S82, and for costs of suit. James Apple. Attorney for Plaintif. The complaint should be verified. Form of Complaint for Conversion of the Property of Another. In the Superior Court of the State of Oaliiornia, in and for the County of Butte. Wm. B. Latheop, "I Plaintiffs \ vs. y HiRAM Marvin, | Defendant. J Wm B. Lathrop, in this action, complains of Hiram Marvin, a resident of said Butte County, California, and allege^: First. That, at the times hereinafter mentioned, this plaintiff was lawfully possessed, as of his own property, of certain goods and chattels at a place in said county known as the " Union Claim, " on Main Feather River, consisting of five hundred and twenty sticks of timber, eight by eight, etc., all of the same having been used in fluming the Union claim, a mining claim on said river, and being of the value of two thousand dollars. Second. That on or about the thirteenth day of December, A. D. 1882, at the Union claim aforesaid, the defendant then and there being in possession of said goods and chattels, unlawfully converted and disposed of the same to his own use, to plaintiff's damage in the sum of two thousand dollars. Wherefore plaintiff demands judgment against said defendant for the sum of two thousand dollars, besides costs of suit. Jamf:s Handy, Attorney for Plaintiff. The complaint should be verified. Form of Complaint on a Promissory Note where Dif- ferent Payments have been Made. In the District Court ot the Sixth Judicial District of the State of Nevada, in and for the County of Eureka. • complaints. 285 Elias Gakst and James E. Galloway, ~ copartners, doing business under the firm name and style of Garst & Galloway, Plaintiffs^ vs. John F. Miller, Defendant. Elias Garst and James E. Galloway, copartners, doing business under the Unn name and style of ' ' Garst & Galloway," in this action complain of John F. Miller, the defendant above named, a resident of Eureka County, State of Nevada, and for cause of action allege: that on or about the 16th day of May, a. d. 1882, the said defend- ant made his certain promissory note in writing, bearing date of that day, and delivered the same to these plaintifis, who are still the owners and holders thereof, by which note the said defendant, for value received, promised to pay to the order of plaintiffs, one day after the date thereof, the sum of five hundred and five dol- larSj with interest thereon at the rate of two and one half per cent, per month, and which promissory note is in the words and figures following, to wit., $505. Oo! One day after date, for value received, I promise to pay to the order of Garst & Galloway the sum of five hundred and five dollars, with interest from date at the rate of two and one half per cent, per month until i>aid. John F. Miller. Eureka, Nevada, Ma}' 16, 1882. That the said promissory note has matured, and the principal sum named therein, togetherwith interest thereon as agreed in said note, from said sixteenth day of May, 1882, are now due on said note and payable to plaintiffs, except the sum of twenty dollars, paid thereon on said sixteenth day of May, 1882, and the further sum of eighty- five dollars, paid thereon on the second day of July, 1882. That defendant has often been requested to pay the balance due on said note, but to pay the same, or any part thereof, the said defendant has hitherto wholly neglected and failed, and still does neglect and fail, to plaintiffs' damage, in the sum of four hundred and eighteen dollars and eighteen cents, with interest thereon at the rate of two and one half per cent, per month from the second .dayj)f July, a. d. 1882, until the same shall be paid. Wherefore plaintiff's demand judgment against the said defendant for the sum of four hundred and eighteen dollars and eighteen cents, with interest thereon at the rate of (two and one half per cent, per month*) from the second day of July, a. d. 1882, until the same shall be paid, together with costs of suit. ^ C. G. H — , Attorney for Plaintiffs. The complaint should be verified. *In many States such interest would not be allowed, and in others, the j udgment could draw only legal interest. [ 286 V ■FORMS OF Form of Complaint for Goods Sold and Delivered. In the District Court of the Second Judicial District of the State of Nevada, in and for the County of Ormsby. L. A. BiCKFORD AND C. S. FaSSETT, ' PARTNERS, DOING BUSINESS UN- DER THE FIRM NAME AND STYLE OF L. A. BiCKFORD & Co., Plainti^s, vs. Abram Wylie, Defendant. L. A. Bickford and C. S. Fassett, the plaintiffs above named, partners, doing business under the firm name and style of " L. A. Bickford & Co. " in this action complain of Abram Wylie, a resi- dent of Ormsby County, State of Nevada, and for cause of action allege : That on divers days and times between the twentieth day of December, 18 — , and the bringing of this action, these plaintiffs, at the city of Virginia, in the county of Storey and State afore- said, bargained, sold and delivered to the said defendant, divers goods, wares and merchandise, to wit : certain spring and other mattresses, beds, bedding, blankets, comforters, pillows, chairs, tables, commodes, bedsteads and other furniture, of the full value of one thousand one hundred and forty-one dollars, in gold coin, at the special instance and request of said defendant ; That said defendant then and there, in consideration of the sale and delivery of said goods, wares and merchandise, as above stated, undertook and promised to pay to these plaintiffs, in gold coin, whatsoever the said chattels and merchandise were worth, whenever requested so to do; that the same were then and there reasonably worth the said sum of one thousand one hundred and forty-one dollars in gold coin; that plaintiffs have often requested defendant to pay the said sum of money, but to pay the same, or any part thereof, except the sum of one hundred and forty-one dollars, on the second day of January, a. d. 18 — , the said defend- ant has hitherto wholly neglected and failed, and still does neglect and fail, to the damage of plaintiffs in the sum of one thousand dollars, with interest thereon, at the rate of ten per cent, per an- num, from the second day of January, 18 — , until the same shall be paid. Wherefore, plaintiffs demand judgment against said defendant for the sum of one thousand dollars, with interest thereon at the rate of ten per cent, per annum, from the second day of January, A. d. 18 — , until judgment, in gold coin, and that such judgment bear interest according to law, in like gold coin. R. H. F— , Attorney for Plaintiff. The complaint should be verified. COMPLAINTS. 287 Form of Complaint and Prayer for an injunction Re- straining Trespass. In the Superior Court of the State of California, in and for the County of Los Angeles. Godfrey Lesieur and J. P. Foster, Plaintiffs^ vs. William Gobble, Defendant. Godfrey Lesieur and J. P. Foster complain, in this action; of "William Gobble, and for cause of action aver : That heretofore, to wit, in the county of Los Angeles and State of California, the plaintiffs were and now are the owners and in the possession, for purposes of meadow, agriculture and grazing, of certain lands, situated in said county, consisting of three hun- dred and eighteen acres, undivided, situate and located near the town of Anaheim, in said county, and being bounded and described as follows, to wit: "Beginning at a stake on the east side of Santa Ana River, in said Los Angeles County, whence the 'German Gasthaus' bears gouth thirty and a half west, about one-half mile distant, and the ' stone milk-house ' bears north thirty-five and a half east, six chains distant, and running thence north twelve de- grees thirty minutes east, eighty chains, to a stake in the meadows one chain east of the road; thence north scA^enty-two degrees, west forty chains, to a stake on the brush flat; thence south twelve de- grees thirty minutes, west eighty chains, to a stake on the said flat three chains west from the road; thence south seventy-two degrees east, forty chains to the place of beginning; and being the owners of said lauds, and heretofore in the quiet and peaceable possession of the same, plaintiffs aver that they now are entitled to the imme- diate, sole and exclusive possession of tlie same, and to every part and parcel thereof, and that plaintiffs and those persons from whom they deraign title thereto have been the owners and in the quiet and peaceable possession continuously since long prior to the year a. d. 18 — , and until on or about the nineteenth day of August, a. D, 18 — , when the defendant herein, well knowing the premises and the rights of plaintiffs in said lands, wrongfully and unlaw- fully, and with force and arms, entered upon said tract of land at and upon the northerly portion thereof, and wrongfully and unlawfully ousted these plaintiffs therefrom. And plaintiffs aver that, being the owners of said land as afore- said, they are entitled to all the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining; that they are the owners of the grass now growing and that may grow thereon, and also of the corral, buildings and fences thereon, and that they are entitled to enter upon said lands, and upon every 288 FORMS OF part and parcel thereof, to erect buildings and fences thereon, and also to clear said lands and to cultivate the same. And plaintiffs aver that they have paid and expended for and upon said lands, to wit, for the purchase and improvements thereof, the sum of iifteen thousand dollars. Plaintiffs further aver, that while defendant thus wrongfully entered upon said lands and trespassed thereon, to wit, on or about the nineteenth day of August, 18 — , he thereafter did continuously, from day to day, and now does trespass thereon; and that he did dig up the suiface of said lands and subvert the soil and earth thereof, to wit, in the meadow and pasture lands of plaintiffs therein; and did then and there claim and allege that he had "jumped " said land, to wit, one hundred and sixty acres thereof; and he did then and there, and now does, vex and disturb these plaintiffs in possession of said lands, and with force and arms, to wit, with a pistol commonly cnlled a " Kemington revolver," and with a gun commonly called a "Winchester rifle," prevent these plaintiffs from fencing their said land, and from clearing brush from and cultivating the same; and that he did then and there, and now does, threaten with force and arms to continue to vex and disturb plaintiffs in the possession of said land, and that he would and will, with force and arms, prevent plaintiffs from occupying their said lands, and will himself hold and occupy the same for his own use and benefit; and many other wrongs to plaintiffs and their said lands has said defendant committed, and does he now commit, and threaten to commit, to the great damage of these plaintiffs. And plaintiffs aver that they believe that said defendant will continue to trespass on plaintiff's said lands, and to vex and dis- turb plaintiffs in the possession thereof as hereinbefore stated he has done, and is now doing and threatens to do, unless he be enjoined and restrained from so doing by a writ of injunction. And plaintiffs aver that they are informed and believe, and so charge the fact to be, that said defendant is insolvent, and that he has no property, exempt from execution, which would satisfy any judgment that plaintiffs might obtain against him on the matters herein set forth; and that if said defendant, each and all of his agents, servants and employes, are not restrained and enjoined from molesting and disturbing plaintiffs in the possession of their said lands, plaintiffs will suffer great and irreparable injury. Wherefore plaintiffs pray the restraining order of injunction of this honorable court, enjoining and restraining the said defendant, his agents, servants and employes, and all persons acting under him and by his authority, from trespassing upon, workinnj, digging, fencing, setting posts, or in any manner vexing, molesting, or dis- turbing the possession of these plaintiffs in said lands herein described, to wit : Beginning at a stake, etc., [Insert liere a copy of the lands described in the body of the complaint.j and particularly from the northerly portion of said lands, until this COMPLAINTS. 289 cause can be heard upon its merits, and that, upon the final hearing of the same, such injunction may be made perpetuaL And plaintiffs further pray the judgment of the court that they do have and recover the possession ot said lands and their damages and costs of suit herein expended, with such other and general relief as to the court may seem meet and proper in equity. A. G. H -, Attorney for Plaintiffs. The complaint should be verified. Title as Above Form. — Order for Injunction in Above Case. State of California, ) ^ County of Los Angeles. ) * Upon reading the foregoing verified complaint in which God- frey Lesieur and J. P. Foster are plaintiff's, and William Gobble is defendant, it appearing to my satisfaction therefrom that the plain- tiffs are entitled to a writ of injunction against said defendant : Now therefore, it is ordered, adjudged, and decreed, that a writ of injunction be, and the same is, hereby granted until otherwise ordered; and that plaintiff s execute to the defendant, with two good and sufficient sureties, an undertaking in the sum of one thousand dollars, made payable and conditioned according to law. And it is further ordered, that upon filing said bond, duly approved, the clerk of said superior court issue said writ in conformity with the prayer set forth in said bill of complaint. Done at Chambers in the city of Los Angeles, this seventh day of January, 18 — , A B , Judge of said Superior Court Form of Complaint for Trespass on a Mining Claim with. Prayer for an Injunction. In the District Court of the Sixth Judicial District of the State of Nevada, in and for the county of Eureka. MosELEY R. Lyon, Wm. Wermuth, Tom Robison and J. Landon Smith, Plaintiffs^ vs. y Peter Howlke , James Burke, Pat- rick Lanigan and Tim O'Mal- LEY, Defendants. 290 FORMS OF The above-named plaintiffs, Wm. Wermuth, T. Robison and J. Landon Smith, complain of Feter Howlke, James Burke and Patrick Lanigan, defendants, and fur cause of action allege: That on the first day of July, a. d. 18 — , the plaintiffs were, and ever since have been and now are, the owners and entitled to the sole and exchisive possession of that certain close, mining claim, vein and lode of gold and silver and other mineral-bearing quartz, lying and being in what is known as " Ruby Hill," in Eureka Mining District, in Enreka County, State of Nevada, being known as the "Mountain Queen Mining Claim and Lode," and being more particularly bounded and described as follows, to wit: Beginning at a monument of stone around a stake on said lode on the north- erly line of the "Jackson claim," and running thence easterly along said northerly line of said Jackson claim and at a right angle with the general direction of said lode three hundred feet to a moimment of stone and a stake; thence at a right angle northerly and parallel with the general direction of said lode fifteen hundred feet to a monument of stone and a stake; thence at a right angle^ westerly, crossing said lode, six hundred feet to a monument of stone and a stake; thence at a right angle southerly fifteen hun- dred feet to a monument of stone and a stake, and thence at a right angle easterly and along the line of said Jackson claim three hundred feet to the place of beginning, together with all the dips, spurSj angles and variations of said lode. That Mdiile plaintiffs were so possessed and entitled to the pos- session of said close, land and mining claim, to wit, on said first day of July, 18 — . and on divers other days and times between that day and the filing of this complaint, the said defendants did, wrongftilly and unlawfully, and with force and arms, break and enter plaintiffs' said close and mining claim, and did then and there, and at divers other times, with force and arms, to wit, with shovels, bars, picks, and other instruments, and with divers vehi- cles, dig up, turn, subvert and carry away therefrom large quan- tities, to wit, twenty thousand tons of earth and soil, andgold and silver, and other mineral-bearing quartz and rock of plaintiff's, out of plaintiffs' said mining claim, of great value, to wit, of the value of, and to plaintiffs' damage in the sum of two hundred thousand dollars in gold coin. And plaintiffs further aver that said defend ants did then and there, to wit, at the divers times and place above stated, commit divers other trespasses and wrongs, in and upon ]»laintiffs' said close and mining claim, and did then and there wrongfully, and with force and arras, dig, cut, excavate and make divers long tunnels, to wit, tunnels of the aggregate length of about three hundred and seventy feet, and divers drifts of great length, to wit, of the length of about three hundred feet, in and upon plaintiffs' said mining claim, and did then and there breast and take fiom and out of said tunnels and drifts, to wit, out of plaintiffs' said mining claim, and carry away therefrom and con- vert to their, said defendants', own use, divers other large quanti- COMPLAINTS. 291 ties of gold and silver, and other mint- ral-bearinu,' quartz, rock and earth of great value, to wit, of the value of two hundred thousand dollars, and to plaintifts' further damage in the sum of two hundred thousand dollars; and plaintiffs further aver that said defendai\t8 are now committiug, and that they tlireaten still to commit, such and like trespasses and wrong.--, in and upon plaintiffs' said close and mining claim ; and that plaintiffs are informed and believe, and up'in their information and belief tliej allege the fact to be, that said defendants are insolvent, and have ncjt property exempt from execution sufficient to satisfy any judgment which plaintiffs may obtain against them; and defendants further aver that, unless said defendants, their agents, servants and employes, and all persons working under them, and by their authority, are enjoined and restrained from committing said wrongs, by the restraining order or injunction of this court, plaintiffs wiirsuffer great and irreparable injury from their trespasses and wrongs being commit- ted and threatened as above stated, by said defendants. Wherefore plaintiffs pray for judgment against said defendants for the sum of four hundred thousand dollars in gold coin; and for the restraining order of this honorable court, enjofning and restrain- ing the said defendants, and each of them, their agents, servants and employes, and all persons claiming or acting under them, or either of them, or by or under their, or either of their, authority, from and in any manner trespassing upon, working, drifting, r a second and furtlier cause of action plaintiff avers: That between the first day of April, a. d. 1882, and the twentieth day of said month, at the place above named, the plaintiff sold and delivered to said defendant divers meats of the value of $19.40, and that defendant then and there undertook and promised to pay the said sum whenever requested so to do; but though often re- quested, defendant has hitherto neglected and failed, and still does neglect and fail to pay the said snm, or any part thereof, to plain- tiffs damage in the sum of $19.40, with interest from said twenti- eth day of April, 1882. Wherefore the plaintiff demands judgment against the defeiid- ftht: I. For the sum of $77.45, less the sum of $35.00, paid thereon as follows, to wit: $10.00 on the fifth day of April, and $25.00 on the tenth day of April, 1882, together with interest on all sums unpaid thereon according to the statute, per annum. II. For the further sum of $19.40, and interest thereon from the twentieth day of April, 1882, at the rate provided by the stat- ute and for costs of suit. Ira Noakes, Attorney for Plaintiff. DEMURRERS. 299 Form of Answer to Foregoing Complaint. Id Justice's Court of Township, County of , State of . John Doe, Plaintiffs vs. y Richard Roe, j Defendant. J Now comes the defendant above named, and, answering, denies generally and specifically each and every allegation contained in plaintiff's complaint. Defendant denies that on or about the first day of April, 1882, or at any other time, at the town of , county of , and State of , or at any other place, an account was stated between the plaintiff and defendant; and he denies that upon such statement and stated account, or upon any other statement or account, a bal- ance of $77.45, or any other sum of money, was found due from defendant to plaintiff; and he denies that then or there, or at any other time or place, he, defendant, agreed to pay said sum, or any other sum, of money to plaintifi when thereunto requested, or at any time whatever. And for answer to the second count in plaintiffs complaint defendant denies that on or about the twentieth day of April, 1882, or at any other time, defendant undertook or promised to pay to plaintiff the sum of $19.40, or any other sum as alleged in plain- tiff's complaint, or in any manner whatever. And for further answer and defense herein and for cause of action against plaintiff, defendant avers: That on or about the first day of March, a. d. 1882, at aforesaid, defendant sold and delivered to plaintiff, at plaintiff's instance and request, one bay mare of the value of one hundred dollars, which sum said plaintiff then and there undertook and promised to pay to defendant whenever thereunto requested, but to pay the eame or any part tliereof except the sum of $35.00 on or about the first of April, 1882, and the further sum of $19.40 at divers times between said first day of April and the twentieth day of said month, plaintiff has wholly neglected and failed to pay said sum or any part thereof, to defendant's damage in the sum of $45.60. Wherefore defendant demands judgment against plaintiff for $45.60 and for costs. J B , Attorney for Defendant. Demurrers. Tke defendant may demur, to the complaint within the time he is required in the summons to answer, when it appears upon the face of the complaint: 300 DEMUREEES. 1. That the court has no jurisdiction of the person of the de- fendant, or of the subject of the action; or, 2. That the plaintift has not legal capacity to sue; or, 3. That there is another action pending between same parties for the same cause; or, 4. That there is a defect or misjoinder of parties, plaintiff or defendant; 5. That the several courses of action have been improperly- united; or, 6. That the complaint does not state facts sufficient to con- stitute a' cause of action; or, 7. That the complaint is ambiguous, unmtelligible or uncertain. Either one or any two or more of the foregoing causes may be stated in the -demurrer (if they appear on the face of the com- plaint) after the following: Form of Denmrrer. In the Court of the County of , in and for the State of John Doe, 1 Plaintiff \ vs. y Richard Roe^ Defendant. J Now comes the defendant above named and demurs to the com- plaint of plaintift herein, and for cause of demurrer says: Fint. That the .complaint does not state facts sufficient to constitute a cause c-f acticjn. Second. That the plaintiff" has not legal capacity to sue. Third. That the complaint is ambiguous, uninte'lligible and uncertain, etc. (any legal objection to the complaint). Wherefore defendant prays judgment herein, and that said action be dismissed at plaintiff's costs. John Jones, Attorney foi' Defendant. Verdicts of Coroner's Jury.— Case, Murder. State of f . 1 ^^ County of- ^ At an inquest held at , in the town of , county and State above named, on the day of 18—, before A B , Coroner (or C L), Justice of the Peace and ex-officio Cor- oner), in said county, upon the body of E F (or person un- known), there lying dead, the following named, jurymen being coroners' VEKDICTS. 301 sworn to inquire into all the circumstances attending the death of said E F (or person unknown^, find that the deceased was a na- tive of (or that the nativity of deceased is unknown); that he was of about the age of 3'ears; that one G H, of (or late of ), the town of , of said county (or as the ca&e may be), on the day of , in the year 18 — , at about o'clock p. M., made an assault upon the bodj- of the deceased with a pistol (or as the case may be), from wliich assault wounds were inflicted upon the breast and person, thereby causing the death of the de- ceased, on the day of , a. d., 18 — . [If others are implicated the facta should be stated.] In witness whereof the said jurors have signed this verdict, this day of ,18 — . [The acting coroner should indorse the following on the back of the verdict.] The within verdict was made, signed and delivered to me this day of , 18 — . A ^^B , Coroner {or Justice of the Peace). Verdict of Coroner's Jury.— Case, Siiicide. State of , County of- ss. At an inquest held, etc. (as in case of murder, etc., to the word "find"), find that the said J K (or person unknown) was a native of , of the age of years; that he did on the day of , 18 — , at the town of , in the county aforesaid, volun- tarily, and with his own hand (here state the manner of the death), from which act he mstantly died (or as the case may be). In witness whereof, etc. (as in the verdict for murder). Case, Accidental Death. (State and county as first above and to the word "find"), find that the said L M (or person unknown), on the day of , 18 — , at o'clock — M., in the Savage Mining Shaft, in said county, accidentally fell a distance of t.iao thousand feet, and then and there received fatal wounds whereof he instantly died (or as the facts may be). In witness whereof, etc., as in the case of munhr. In any case the verdict of the coroner's jury should be in ac- cordance with the facts ascertained by them. 302 coroners' Coroner's Certificate of Death. Office of the Coroner of the County of Arapahoe, State of ColoradOo I, John Smithy Coroner of County of Arapahoe^ State of Colo^ rado, do hereby certify that I held an inquisition upon the body of James Mulligan, a native of Ireland, aged fifty years, at No. 187 Fourth Street, in the City of Denver, in said county, on the ninth day of Deoemher. 1882, wherein the verdict of the jury was, death from apoplexy. And I further certify, that I caused the body of the said James Midligan to be interred at the cemetery in this county on the tenth day of Decemher, 1882. John Smith, Coroner of Arapahoe County. Coroner's Subpoena, State of , ) County of . f The People {or the State as the Constitution requires the process to he) of the State of send Greeting to and / "We command you, that, all and singular business and excuses being laid aside, you be and appear before the undersigned, coroner (or J. P. and ex-officio acting coroner) of the county of , State of , at at — o'clock — m. then and there to testify, and give evidence in a certain inquisition now pending before said coroner, and herein fail not, or answer the contrary at your peril. John Jones, Coroner of County. Coroner's Summons of Juror. State of County of The People of the State of «ew.<:? Greeting to Wm. Smith : We command you that, all and singular business and excuses being laid aside, you be and appear before the undersigneii coroner of the county of , State of , at (state where the inquest is to be held) on the day of , 18 — , at — o'clock — m., to serve as a juror in a certain inquisition now pending before said coroner; and herein fail not, or answer the contrary at your peril. Given under my hand this day of . 18 — . •John Jones, Coroner (f County. FORMS. 303 Coroner's Warrant of Arrest. ..}.. State of , County of The People of the State of , to any Sheriff, Constable Marshall^ or Policeman : An inquisition having been this day found by a coroner's jury before rae, stating that A B has come to his death by the act of J E, by criminal means, you are therefore commanded forth- ■\vith to arrest the above named J R and take him before the nearest or most accessible magistrate of tliis county. Given under my hand this day of , 1882. John Jones, Coroner of County. CHAPTER XIII. LIENS, MOHTGAGES, DEEDS, LEASES, ETC. A lien is a charge upon certain property, which is made security for some act already performed or to be performed. Form of Miner's Lien, Where Miners' Liens Exist by- Virtue of Statutes. State of , , j^^ County of — J. T. Greenhood, a Miner, "1 vs. The • Gold and Silver |- Mining Company, A Corpo- ration. Notice is hereby given, to all whom it may concern, that I, J. T. Greenhood, a miner by occupation, do hereby file my lien with the county recorder of county, State of , for record, and that it is my intention thereby to claim and hold a lien upon that certain land, mine and mining claim situated at , in mining district, county and State aforesaid, and more particu- larly bounded and described as follows, to wit : [Here set out the surface-boundaries of the mining claim, with as much pre- cision as possible, so that it may easily be identified.] which mining claim is commonly known as and^ called the " '■ — " mining claim, and is reputed to belong to the above- named gold and silver mining company, a reputed corpora- tion ; and against so much of the land about the said mine and mining claim as may be necessary for the convenient use and occupation of said mine ; and also against the appurtenances of and in anywise appertaining to said mine, under and by virtue of the ])rovisioiis of an act of the Legislature of the State of , entitled " An Act to secure liens to mechanics and others and to repeal all other acts in relation thereto," api)roved March , a. D. 18 — ; to secure to me the payment of a balance due me, in gold coin, in the sum of one hundred and seventy dollars, after deduct- ing all just and proper credits and oifsets, for work and labor done /'304) LIENS. 305 and performed by me as a miner and laborer, between the twenty- eighth day of January and the twenty-second day of March, a. d. 1882, in, about and upon the said [Here insert the name of the mine.] mine and mining claim, and in and upon the shaft, tunnel, drifts, breasts and cuts of said mine and mining claim, for and at the special instance and request of the said [Here insert the fiame of the mining company.] gold and silver mining company, to wit, for the owner of said mine and mining claim, by and through one [Here insert the name of the superintendent, foreman, or the party who employed the claimant of the lien.] who was then and there the superintendent (or foreman) and agent of said mining company, to wit, of the owner and owners of said mining claim ; That the following is a full, true and cprrect statement of my account against said mine for my said work and labor for the owners ot said mining claim in and upon said mine and raining claim, as above stated, showing the amount justly due me there- for, over and above all just credits and legal offsets against the same, to wit : The Gold and Silver Mining Company, To J. T. Greenhood^ Dr. March 28, 1882. To fifty days' work and labor in, about and upon the [Insert the name of the mine.] between the twenty-eighth day of January, 1882, and this date, at the rate and wages of $5 per day $250.00 Cr. March 3, 1882, by cash 80.00 To balance remaining unpaid. $170,00 That thirty days (or sixty days when an original contractor) have not elapsed since the last of said work and labor was done and performed, as above stated, and that it is my intention to hold and cliam a lien, as above stated, against the mine and mining claim above described and its a]Dpurtenances, and against so much land about the same, under and by virtue of the act above m.entioned, as may be necessary for the convenient use and occupancy -thereof (and if the act should be amended, and under the acts supple- mental thereto and amendatory thereof) to secure to me the pay- ment of said balance due me in the sum of one hundred and seventy dollars in gold coin, besides costs. In witness whereof, I have hereunto set my hand at the city of , , this twentieth day of April, a. d. 1882. J. T. Greenhood. 20 306 MECHANIOS' State of , ) gg County of . f J. T. Greenliood, being first duly sworn, says that he is the claimant of the foregoinoj lien; that he has read (or has heard read) the same, ami understands the contents thereof, and that the same is true of his own knowledge. J. T. Greenhood. Subscribed and sworn to before me, this twentieth day of April, a. d. 1882: ROBT. E. LOWERY, [seal.] Notary Public. The lien must be recorded as therein indicated, and must be foreclosed within the time required by statute, after it is drawn, or it will become void. Form of Mechanic's LiexL State of , County of > ss. John Hampden, Laborer. vs. William Hanford, Owner. ^ Notice is hereby given to all whom it may concern : That I, John Hampden, as a laborer, do hereby file my lien with the county recorder of the county of , State of , for record, and tiiat it is my intention thereby to hold and claim a lien upon the superstructure and land hereinafter described, under and by virtue of an act of the Legislature of the State of , entitled "An Act to secure liens to mechanics and others, and to repeal all other acts in relation thereto," approved , 18 — , to se- cure to me the payment of a balance due me, in gold coin, in the sum of one hundred dollars (or whatever amount maybe due the claimant), after deducting all just credits and oftsets, for work and labor done and performed by me between the day of April and the day of , a. d. 18 — , in and upon that certain dwelling-house (or other building) located on [Here describe the premises on which the building is situated.] in tlic city of (or town of , or elsewhere in the county), in the county of , and State of , for and at the special in- stance and request of said , to wit : at the special instance and request of one , who was contractor for the erection of said su- perstiuctnre and agent of and for said , the reputed owner of said land and buihling at the time of the performanco of said work and hibor by claimant as above stated; tliat said , by his said LIENS. 307 agent, then and there agreed to pay to this claitnant wages at the rate of live dollars per day for each and every day claimant should work in and upon said superstructure; that claimant performed twenty-seven days' work and labor upon said buihJinLS aggrei>atiug the full sum and value of one hundred and thirty-tive dollars in gold coin, whereof claimant has received the sum of thirty-five dol- lars only. That the following i^ a full, true, and correct statement of my account for said work and labor, showing the amount due me over and ajbove all just credits and offsets against the same, to wit : William Hanford^ to John Hampden^ Dr. May 21, 1882, to twenty-seven days' work and labor done and performed by me between April 21, 1882, and this date, in and upon that certain building located on that certain lot of land [Here describe the land.J in county, , at his special instance and request and at the rate and wages of $5 per day $135.00 Cr. May 7, 1882, by cash 35.00 Balance due $100.00 That thirty days have not elapsed since the last of said work and labor was done and performed as above stated, and that it is my intention to hold and claim thereon a lien as above stated, and against so much land about the same as may be necessary for the convenient use and occupancy thereof, under and by virtue of the act above named (ani if the act should be supplemented, or amended) (and under the acts supplemental thereto and amenda- tory thereof) to secure the payment to me of the said balance due me in the sum of one hundred dollars in gold coin. Witness ray hand set hereto this twenty-first day of May, a. d. 1882. John Hampden. The lien s^hould be verified. Original contractors generally have sixty days from the time the last work was done in which to file their liens; but all subcontrac- tors must file their liens within thirty days after the last work was done by them on the superstructure. Persons furnishing lumber, or other materials, must allege, in their liens, that such " materials were furnished for, and were used in and upon the building," or super-structure, against which the liens are filed. Where the account is a long one it can be made out marked as an " Exhibit," and attached to the body of the lien; and when this 308 mechanics' is done it should be referred to in the body of the lien substan- tially as folloAvs: (which account, marked " Exhibit ," is an- nexed hereto and made a part of this lien.) Such account then takes the place of an account in the body of the lien. Under an act of the Legislature of Nevada, approved February 28, 1879: ''All persons who shall perform work or labor upon any tract or tracts of lands, by cutting or cording the wood or timber growing or being thereon, shall have, and may each respectively claim and hold, a lien upon the wood or timber so cut, or corded, for the amount in value of the work or labor so performed, hy re- taining possession of the same, until the whole amount due for such work or labor shall have been paid: Provided, That any lien claimed and held, as aforesaid, shall be deemed to be waived, unless an action be brought in some court of competent jurisdiction, for the recovery of the amount for which such lien is claimed as security, within sixty days after such wood or timber shall have been taken into possession by the claimant; and the fact that such lien is claimed shall be set out in the complaint, together with a descrip- tion of and the number of cords of wood or feet of timber retained in the possession by the claimant." Justices of the peace have jurisdiction of such cases when the amount claimed does not exceed three hundred dollars. Section 1183 of the Code of Civil Procedure of California pro- vides that "Every person performing labor upon or furnishing materials to be used in the construction, alteration or repair of any mining claim, building, wharf, bridge, ditch, flume, tunnel, fence, machinery, railroad, wagon-road, aqueduct to create hydraulic power, or other structure, or who performs labor in any mining claim, has a lien upon the same for the work or labor done or materials furnished by each respectively, whether done or furnished at the instance of the owner of the building, or other improvement, or his agent; and every contractor, sub- contractor, architect, builder or other person having charge of any raining or of the construction, alteration or repair, either in whole or in part, of anv building or other improvement, as aforesaid, shall be held to be the agent of the owner tor the purpose of this chapter." By section 1184 of the Code, " Any person who, at the request of the owner of any lot, in any incorporated city or town, grades, hlls in or otherwise improves the same, or the street in front of or adjoining the same, has a lien upon such lot for his work done and materials furnished " therefor. LIENS. 309 Original contractors must file their liens within sixty days after the completion of the work, and every person except the orii2:in-al contractor must file his lien within thirty days after he performed his last work on, or furnished the last materials for, the structure, or after the completion of the alteration or repair thereof. Liens begin to run from the time the first work was done on or the first materials were furnished for tlie structure, and such liens are preferred to any mortgage executed subsequent to the com- mencement of such work or the furnishing of any materials there- for. The California laws respecting mechanics' and other liens, and the Nevada laws on the same subject, are substantially alike, except that in California proceedings for foreclosure must be com- menced within ninety days after the filing of the lien, unless a credit of time were agreed upon, while in Nevada such proceed- ings may be commenced at any time within six months after the filing of the lien. Whenever a lien is filed against two or more structures, it should carefully state the amount of work done and the " materials furnished for and used in and upon" each structure, and also the amount due on account of each of such structures for such work or materials. "With the foregoing explanation, the following additional forms of liens are here presented: Form of Contractor's Lien. State of , County of- >■ ss. Contractor and Claimant, vs. Owner. Notice is hereby given to all whom it may concern, that I, , as a contractor, do hereby file my lien with the county re- corder of the county of , State of , and that it is my intention thereby to claim and hold a lien upon the structure and land hereinafter described, under and by virtue of the laws and the provisions of the statute of the State of for such cases made and provided, to secure to mj^self the payment of a balance duo me in the sum of dollars (in gold coin), after deducting all proper credits and ofl'sets, for work and labor done and per- formed and for materials furnished by me and used in and upon that certain dwelling-house (or other building), located and being 310 mechanics' on lot number , of block number , of range , of said of , [Describe the lot, so that it may be readily identifieil.] on divers days and times, between the day of , a. d. 188 , on which day I commenced said work and labor and to furnish said materials, and the day of , a. d. 188 — , on which day I finished and completed the said structure and the furnishing of materials therefor, and which were used therein, and also finished my work and labor thereon, at the special in- stance and request of , who then was the owner, to wit: the reputed owner of the land and premises above described, through one , who was then and there the agent of the gaid , and was then and there in the possession and con- trol of the said premises, and to whom, for the said ,1 furnished and delivered the said materials, all of which were fur- nished for and were used in and upon the said structure. That a full, true and correct statement of my account for the said materials furnished by me, and which were used in and upon said structure as above stated, together with a full, true, and cor- rect statement of my work and labor, performed in and upon said structure, as aforesaid, and also a true and correct statement of the amount due me from the said on account of said structure, after deducting all just credits and offsets against the same, is signed by me, marked "Exhibit A," annexed hereto, and made a part of this lien; and that there is now due me, over and above all just credits and offsets, the sum of dollars (in gold coin). That claimant performed said work and labor, and furnished said material?, as above stated, as an original contractor for the erec- tion of said structure, upon a contract substantially as follows, to wit: [Here set out the substance of the contract, that is, its terms, time given, if any, after the completion of the structure.] That sixty days have not elapsed since the last of said work and labor was done and performed, and since claimant furnished and delivered said materials, nor since the said structure was finished and completed; and that it is my intention to claim and hold a lien against said structure and also against so much of said land about the same as may be necessary for the convenient use and occu- pancy thereof, to secure to me the payment of said balance due me in the aforesaid sum of dollars. Witness my liand hereunto set this dav of , a. d. 188 — . State of , ) gg^ County of- — being first duly sworn says that he is the above- named claimant and the original contractor for the erection of the LIENS. 311 Structure above named; that he has read the foregoing lien and that the same is true of his own knowledge. Subscribed and sworn to before me this day of , A. D. 188 — Justice of the Peace- Form of Contractor and Material-man's Iiien. State of , I g^ County of . f , Contractor and ^ Material-man, ^ I Claimant vs. Owner. J Notice is hereby given to all whom it may concern: That I; of the town of , county of , and State of , as contractor and furnisher of labor und materials therefor, do hereby file my lien with the county recorder of said county, and declare that it is my intention thereby to hold, and I do claim, a lien upon the superstructure and land hereinafter described, under and by virtue of the statutes of the State of , in such case made and provided, to secure to me the payment of a balance due me in the sum of two thousand five hundred and ninety-five dollars and fifty cents in gold coin, after deducting all just credits and ofisets, for materials furnished by me for, and which were used in and upon, and fur work and labor done and performed by me, in and upon that certain superstructure and building known as the " House," located and being on that certain lot, piece and parcel of land in said town of , county and State aforesaid, bounded and -described as follows, to wit: [Here give an exact description of the lot, so that it can be identified readily.] which said materials were furnished and used as above stated, and which work and labor was done and performed by me as above stated, on divers days and times between the day of and the day of , a. d. 18 — , for and at the special instance and request of , who was at that time the claimant and reputed owner of said land, and contracted, then and there, with this claim- ant for the erection of said superstructure thereon, and agreed to pay him therefor the sum of three thousand dollars in gold com according to the provisions of a contract made between this claim- ant and said on or about said day of , 18— ,_ and to pay him the reasonable worth and value of any extra matei'ials and work and labor, not provided for in such contract, which this claimant should furnish in and about said building; That said agreed, then and there, to pay to this claimant 312 mechanics' and his assigns the said sum of three thousand dollars and said other sums, with interest thereon at the rate (of two per cent, per month), (uU in wold coin), in certain instalhnents, and to pay the iull amount of said sums, principal and interest, within seven months from and after the said building should be completed; That certnin payments have been made by said — — fur and on account of said building; that said building was completed on or about the day of , 18 — . That the following is a full, true, and correct statement of the account of claimant for said materials furnished and used, and for said work and labor done and performed, in and upon said build- ing as above stated, showing the amount due claimant therefor, over and above all just credits and offsets, exclusive of interest thereon : (Date.) to , Dr. November 10, 18 — , to materials furnished for, and used in and upon, and for work and labor done and performed in and upon that certain building in , , known as the " House," on street, as per contract $3,000.00 For extra material, as per contract 457. 10 For extra work, as per contract 142.90 Total , . . , $3,600.00 Cr. September 9, 18—. by cash \ , $250.50 11, 18—, " 50.00 October 7, 18—, " 300.00 " 13, 18—, " 100.00 November 7, 18—, " 254.00 " 10, 18— '' 50.00 Total of credits $1,004.00 Balance due and unpaid $2,595.50 That sixty days have not elapsed since the last of said materials were furnished and used, and since the last of said work and labor was done and performed in and upon said building, as above stated; and that it is tiie intention of this claimant to hold a lien on said building and on so much of the land about the same as may be necessary for the convenient use and occupancy of the same, to secure the payment of said balance due to me thereon in the sum of two thousand five Imndred and ninety-five dollars and fifty cents, together with interest thereon, at the rate of two ])er cent, per month, fn>m the tenth day of November, 18 — , until the same shall be ])ai(l, (in gold coin). "Witness mv hand hereto affixed, this dav of November, A. 1). 18— . ^ Bv —. LIENS. 313 State of , ) County of . | , being first duly sworn, says that he is (book-keeper) for and agent of the above-named claimant, , and was such at the time the materials were furnished and used and the work and labor was done and pei-formed which are described in the foregoing lien; that said is now absent from the State ; that affiant has read the foregoing lien and understands the contents thereof, and that the same is true of his own knowledge; wherefore, he verifies the same. Subscribed and sworn to before me, this day of , A. D. 18 — . Justice of the Peace, Township. Form of Actual Notice of Lien. BoDiE, Cal., November 12, 1882. To , and all whom it may concern: You will take notice that I have filed with the county recorder of county. State of , and that it is my intention to hold and claim a lien against the building known as the " House," situated in the town of , county above named, upon the land hereinafter described, and against so much of said land about said building as may be necessary for the convenient use and occupancy of the said building, to secure the payment to me of a balance due me in the sum of two thousand five hundred and ninety-five dol- lars and fifty cents, after deducting all just credits and offsets, for materials furnished by me for and which were used in and upon said structure, and for work and labor done and performed by me in and upon the said building, between the day of "and the day of , A. D. 18 — , at your special instance and request, and that my said lien was filed, as above stated, on the day of , 18—. The following is a description of the land on which said building is situated and against which, with the said building, my said lien is filed, to wit : [Here describe the land as it was described in the lien.j Of all of which you will take due notice. Yours, respectftilly. By Affidavit of Service. State of ■ County of -; , being first duly sworn, says that he is a citizen of the United States and is more than twenty -one years of age; that he 314 FORMS OF served the foregoing notice on the above named , by delivering to lier a true copy thereof, in writing, and showing this original to her, at her residence in Bodie^ in said county oi Mono^ on the day of , 18 — . Subscribed and sworn to before me, this twelfth day of November, a. d. 18—. Justice of the Peace Township. The service of the foregoing is actual notice. The foregoing forms of liens will serve as a guide to material, men furnishing materials, sub-contractors, journeymen and others performing labor on any structure in drawing their liens, but they should remember that the statute of the State laust he complied with^ and that the liens of all but original contractors must be filed within thirty days after the last work was done or the last materials were furnished for the structure. Forms of Deeds, Mortgages, etc A deed is a conveyance ot real estate by one or more persons, or a corporation, to another one or more persons, or to a corpora- tion; and the property conveyed by the deed should be described so as to be identified readily. Strictly speaking, every instrument under seal is a deed; but in ordinary language, a conveyance of land is intended. There should be a good consideration for a deed, which may be money, goods, services, or marriage. A deed in fee simple is a conveyance of the absolute and entire ownership of the land. A warranty deed is a conveyance in which the gr:mtor agrees to be answerable for any defect whatever that there may be in the title. A quit-claim deed is one whereby the grantor conveys away all the title (if any) that he may perchance have in the hmd. A trust-deed is a conveyance by which the grantee takes the estate upon some trust, or for some special purpose, therein speci- fied. A mortgage is a deed of lands conditionally, and is usually given to secure the payment of money, by pledging the land of the grantor therefor. It is usual to execute a bond, bearing date on the sani;.' day with the mortgage, specifying the amount to be paid, DEEDS. . 315 the time when it is to be paid, and the interest a^^reed upon, to secure which the mortgage is given. In some States a promissory note is used instead of a bond. The description of the premises should be exact, so that they may be readily identified. These instruments should always be sealed, subscribed by the person whose estate is conveyed, and by that person acknowledged before the proper officer. If it be impossible to acknowledge the instrument at the time of execution, it is advisable always (and in some States requisite) that it should be witnessed by two subscribing witnesses. The person to whom the conveyance is made should immedi- ately have the instrument recorded in the proper office. When a deed, mortgage, or release, is executed to two or more persons, the whole name of each should be given; and also, when they are the grantors, each should sign his individual name. Never sign as a iirm. Form of Q,uit-ClaiiQ Deed. This indenture made day of , in the year of our Lord — , between of , in the county of , and State of the party of the first part, and of , the party of he second part witnesseth: That the party of the first part, for and in consideration of the snm of dollars to , in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, do — , by these presents, grant, bargain, sell, remise, release, convey, and forever quitclaim, unto the said party of the second part, and to heirs and assigns, all the right, title, in- terest and claim of the part — of the first part of, in and to that certain Jot, piece and parcel of land situate and being in the city (or town) of , county of , and State of , bounded and described as follows, to wit: [Here ^ive the correct boundaries of the land, or describe it so that it may be readily identified.] together with all and singular (all rights and claims of home- stead therein, if a homestead) and the tenaments, hereditaments and appurtenances thereunto belonging, or in any wise appertain- ing, and the rents, issues and profits thereof; to have and to hold, all and singular, the said premises, together with the appurte- nances, unto the said part — of the second part. heirs and assigns -f jrever. In witness whereof, the said part — of the first part ha — nere- unto set hand — and seal the day and year first above written. [seal.] [seal.] Signed and sealed and delivered in presence of 316 FOliMS OF Form of AcknoAvledgment. State of , ) gg County of . f On this day of , a. d. 188 — , before me a in and for said county (duly commissioned and sworn, if before a notary public, or other commissioned officer) appeared , per- sonally known to me to be the individual described in and who executed the foregoing (or annexed) instrument as — part — thereto, and — he — acknowledged to me that — he — executed the same freely and voluntarily, and for the uses and purposes therein mentioned. In witness whereof, I have hereunto set my hand (and affixed my official seal) the day and year in this certiticate first above written. [l. s.] , Notary Public. Form of Deed Prescribed by the California Code. " I, A B , grant to C D , all that real property situated .in county. State of California, bounded (or de- scribed) as follows: (Here insert a description of the land, or if well known by a particular name, then give such name, but metes and bounds are better.) " Witness my hand this day of , 188 — . The deed must be acknowledged. A B- Form of Warranty Deed. This indenture, made the day of in the year of our Lord one thousand eight hundred and , between , of , the part — of the first part, and , of , the part — of the second part, witiiesseth, that the said part — of the first part, for and in consideration of the sum of , dollars and , of the United States of xlmerica, to in hand paid by the said part — of the second part, the receipt whereof is hereby acknowledged, do — , by these presents, grant, bargain, sell, con- vey and confirm unto the said part — of the second part, and to heirs and as>igns forever, all that certain lot, piece and par- cel ot land, situate, lyiuij, and being in the and county of , and State of — —^ bounded and described as follows, to wit: [Here insert a description of the land conveyed, giving it careful boundaries.] LIENS. 317 together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the rents, issues and profits thereof; to have and to hold, all and singular, the above-mentioned and described premises, to- gether with the appurtenances, unto the said part — of the second part, and to heirs and assigns forever. And the said part — of the first part, and heirs, the said premises in the quiet and peace- able possession of the said part — of the second part, heirs and assigns, against the said part — of the first part, and ■ heirs, and against all and every person and persons whomsoever, law- tully claiming or to claim the same, shall and will warrant, and by these presents forever defend. In witness whereof, the said part — of the first part ha— here- unto set — — hand — and seal — the day and year first above written. [seal.] [seal.] Signed, sealed and delivered in the presence of A Form of Deed of Trust as Secuiity. This deed of trust, made this day of , a. d. eighteen. hundred and eighty , between , of , of the first part, and and , of , part — of the second part, and . of the third part, witnesseth : Whereas, the said (ha — borrowed and received of the said , in gold coin of the United States, the sum of dollars, and ha — agreed to pay the same on the day of , a. d. eighteen hundred and , to the , in like gold coin, with interest, according to the terms of a certain promissory note, of even date herewith, executed and delivered therefor by the said Now this indenture witnesseth : That the said part — ot the first part, in consideration of the aforesaid indebtedness to the and of one dollar to in hand paid by the part — of the second part, the receipt whereof is hereby acknowledged, and for the purpose of securing the payment of the said promissory note and of any sum or sums of money, with interest thereon, that may be paid or advanced by, or may otherwise be due to, the part — of the second or third part, under the provisions of this instrument, do — by these presents grant, bargain, sell, convey, and confirm unto the part — of the second part in joint tenancy, and to the survivor of them, their successors and assigns, the piece or parcel of land situate in the county of , State of , described as follows: [Here insert a description of the property conveyed in trust.] 318 DEEDS. And also all the estate and interest, homestead, or other claim or demand, as well in law as in equity, which the said part— of the liist part now ha— or may hereafter acquire of, in, and to said premises, with the appurtenances ; To liave and to hold the same to the parties of the second part, as joint tenants (and not as tenants in comraon\ with right of sur- vivorship as such, and to their successors and assigns (said parties of the second part and their successors being herel)y expressly authorized to convey, subject to the trasts herein expressed, the lands above described), upon the trusts and confidences hereinafter expressed, to wit : First. During the continuance of these trusts the party of the third part and the parties of the second part, their successors and assigns, are hereby authorized to pay, without previous notice, all taxes, assessments, and liens now-subsisting, or which may here- after be imposed by national, State, county, city, or other authority, upon said premises, and on the money so borrowed as aforesaid, to whomsoever assessed, and all or any incumbrances now subsist- ing, or tliat may hereafter subsist thereun, which may, in their judgment, aftect said premises or these trusts, at such time as, in their judgment, they may deem best; or in their discretion, for the benefit and at the expense of said part — of the first part, to con- test the payment of any such taxes, assessments, liens, or incum- brances, or defend any suit or proceeding instituted for the enforcement thereof, and, in like manner, to prosecute or defend anv suit or proceeding that they may consider proper to protect the title to said premises; and these trusts shall he and continue as security to the party of the third part, and their assigns, for the repayment, in gold coin of the United States, of the moneys so burrowed by the and the interest thereon, and of all amounts so pdd out, and costs and expenses incurred as aforesaid, whether paid by the part— of the second or third part, with in- terest on such payments at the rate of oer cent, per month, until final repayment. Secondly. In case the said shall well and truly pay or cause to be paid at maturity, in gold coin as aforesaid, all suras of money so borrowed as aforesaid, and the interest thereon, and shall, upon demand, repay or deposit all other moneys secured or intended to be secured herehy, and also the reasonable expenses of this trust, then the pai ties of the second part, the survivor of them, their successors and assigns, s^hall reconyeyall the estate in the premises aforesaid, to them by this instrument granted, unto , heiis and assigns, at request and cost. Thirdly. If default shall be made in the payment of any of said sums of principal or interest when due. in the manner stipulated in t-aid promissory note, or in the reimbursement of any amounts herein provided to be paid, or of any interest thereon, then the said parties of the second part, or the survivor of them, their suc- cessors or assigns, on application of the party of the third part or DEEDS. 319 their assigns, shall sell the above-grcinted premises, or such ])aiT thereof as, iu their discretion, thej shall lind it necessary to sell in order to accomplish the objects of these trusts, in the following manner, namely: They shall iirst publish the time and place of such sale, with a description of the property to be sold, at least a week for weeks, in some newspaper published in the , county of , and may, from time to time, postpone such sale by publica- tion; and, on the day of sale so advertised or to which such sale may be postponed, they may sell the property so advertised, or any portion thereof, at public auction, in any county where any part of said property may be situated, to the highest cash bidder; and the holder or holders of said promissory note, their agent or assigns, may bid and purchase at such sale. And the part — of the second part, or assigns, shall estab- lish, as one of the conditions of such sale, that all bids and pay- ments for said property shall be made in like gold coin as aforesaid, and upon such sale shall make, execute, and, after due pay- ment made, shall deliver to the purchaser or purchasers, his or her heirs and assigns, a deed or deeds of grant, bargain, and sale of the above-granted premises, and out of the proceeds thereof shall pay: First. The expenses thereof, together with the reasonable ex- penses of this trust, including counsel fees of dollars in gold coin, which shall become due upon any default made by the — — in any of the payments aforesaid. Second. All sums which may have been paid by the said or the part — of the second part, successors or assigns, or the holders of the note aforesaid, and not reimbursed, and which may then be due, whether paid on account of incumbrances or insur- ance, as aforesaid, or in the performance of any of the trusts herein created, and with whatever interest may have accrued thereon; next, the amount due and unpaid on said promissory note, with whatever interest may have accrued thereon; and, lastly, the balance or surplus of such proceeds, if any, to said . heirs or assigns. And, in the event of a sale of said premises or any part thereof, and the execution of a deed or deeds therefor, under these trusts, then the recitals therein of default and publication shall be con- clusive proof of such default and of the due publication of such notice; and any such deed or deeds, with such recitals therein, shall be effectual and conclusive against the said part — of the first part, heirs or assigns, and ail other persons; and the receipt for the purchase-money contained m any deeds executed to the purchaser, as aforesaid, shall be a sufficient discharge to such pur- chaser from all obligation to see to the proper application of the purchase-money, according to the trusts aforesaid. In witness whereof, the said part — of the first part ha — here- 320 DEEDS. unto set hand — and seal — the day and year first above written. . [seal.] . [seal. ] Signed, sealed, and delivered in the presence of Trust Deed. This indenture, etc. Whereas, the said John Doe is desirous to make provision for his daughter, Jane Doe, now of the age of twenty-two years, against iuture contingencies, and for her maintenance and support; and wliereas, the said John Doe is desirous that his said daughter should enjoy the proceeds, rents, issues, and income of the real estate hereinafter more particularly described, during the term of her natural life, free from the control, liabilities, or interference, of any husband that she now has or may hereafter have: Kow, therefore, this indenture witnesseth, that the said John Doe, in consideration of the premises, and of the sum of one dollar, lawful money of the United States, to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowl- edged, hath bargained, sold, aliened, remised, released, conveyed, and confi.rmed, and by these presents doth bargain, sell, alien, remise, release, convey, and confirm, unto the said party of the second part, all that certain lot, piece, or parcel of land situate, lying, and being in the town of, etc. (here describe the premises); together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in any wise appertaining; and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right,' title, interest, property, possession, claim, and demand whatsoever, as well at law as in equity, of the said party of the first part, of, in, or to the above-described premises, and every part and parcel thereof, with the appurtenances. To have and to hold, all and singular, the above mentioned and described premises, together with the appurtenances, unto the said Richard Roe, his successors and assigns — in trust,* and to and for the several uses, intents, and Durposes, hereinatler mentioned, namely: jFirst. In trust to lease the same, and to take, collect, and re- ceive the rents, issues, and profits thereof; and out of the same to keep the said ])remises in good order and repair, and properly in- sured, and pav all taxes, assessments, and charges that may be imposed thereon. * It will I).' uiuk-rstood that only the general idea of the manner in which a trust should be drawn can be given; the condition for which the trust is granted must depend on the nature of the property and intention of the grantor. DEEDS. 321 Secondly. In trust to pay the residue of such rents, issues, and income, to my daughter, Jane Doe, upon her sole and separate receipt, to the intent and purpose that she may enjoy, possess, and have the same, free from the control, interference, or liabilities of any husband she now has or may hdreatter have, \\Q John Doe, or bearer, fifty dollars, with interest at one per cent, per month until paid, for value received. John Owen. Sutro, Nevada, Jan. 5, 1883. Due-bills and promissory notes are practically the same things, differing only in formality. Form of Receipt from One Person by Another. Eureka, Nev., Dec. 20, 1882. Received of Harvey Carpenter, through Hon. Thomas Wren, two hundred dollars in full of all demands against said Harvey Carpenter to date. David Hall. Form of Receipt from One Person to Another's Creait. Ruby Hill, Nkv., Dec. 23, 1882. Received of Mosely R. Lyon three hundred dollars, to be credited on F. Robison's note for five hundred dollars, dated June 1, 1879, and due one year from date. William Wermuth. * The words " in gold coin," are usually inserted in notes in California and Nevada. FORMS. 339 Form of Receipt in Full. Received of J. Landon Smith five hundred dollars in full of all demands for work done on his livery stable. J. Ckossait. Eureka, Dec. 24, 1882. Form of Letter Transmitting Money and Ordering Goods. Tabor, Iowa, Jan. 7, 1883. Messrs. Carson, Pirie & Co., Chicago, 111. Gentlemen: Enclosed please find a check on the First National Bank of Chicago, for two thousand five hundred dollars, which I desire you to place to my credit, on account. I desire also that you ship to me at Tabor, Iowa, by the B. & M. Railroad, the fol- lowing named goods, of firstc-lass quality, and at your lowest cash price, to wit: [Here name the goods you require, plainly and fully.] By filling this order at your earliest convenience, you will greatly oblige, yours very truly, James Kasson Gas'jx)n. General Form of BiH of Sale. Know all men by these presents, that I, John Doe, of the city of , in the county of , and State of , of the first part, for and in consideration of the sum of five hundred dollars, lawful money of the United States, to me in hand paid, at or before the ensealing and delivery of these presents, by Richard Roe, of the same place, of the second part, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do grant and convey, unto the said party of the second part, his exec- utors, administrators, and assigns, one dark bay cok sixteen hands high, one single harness, one light single wagon, one cow two pigs, and three geese; to have and to hold the same unto the said party of the second part, his executors, administrators, and assigns, for ever. And I do for myself, my heirs, executors, and administrators, covenant and agree, to and with the said party of the second part, to warrant and defend the sale of the said goods and chattels hereby sold unto the said party of the second part, his executors, administrators, and assigns, against the claims of all and every person and persons whomsoever. 3iO MISCELLANEOUS In witness whereof, I have hereunto set my hand and seal, this first day of July, one thousand eight hundred and . John Doe. [seal.] Sealed and delivered in the presence of John Smith, Peter Jones. Bill of Sale of Horse, with Warranty. Know all men by these presents, that I, John Doe, of the town of Racine, in the county of Racine, and State of Wisconsin, of the first part, for and in consideration of the sum of one hundred and fifty dollars, lawful money of the United States, to me in hand paid at or before the ensealing and delivery of these presents, by Richard Roe, of the same place, of the second part, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do grant and convey unto the said Richard Roe, his executors, administrators and assigns, one dark bay horse, with a white star in the forehead, and a black mane and tail; to have and to hold the same unto the said Richard Roe, his executors, administrators, and assigns, for ever. And I do hereby warrant the said horse to be sound in every respect, to be free from vice, to be well broken, and kind and gen- tle in single and in double harness, and under the saddle; and I covenant for myself, my heirs, executors, and administrators, with the said Richard Roe, to warrant and defend the sale of the said horse unto the said Richard Roe, his executors, admiuisti'ator^, and assigns, against all and every person and persons, lawfully claiming or to claim the same, whomsoever. In witness whereof I have hereunto set my hand and seal, this fifth day of Jnly, one thousand eight hundred and John Doe. [seal.] Sealed and delivered in the presence of Peter Pepper- JoEN Stone. Form of Order for Money. BoDLE, Cal., Jan. 3. 1883. Messrs. West ^ Bryant: riease pay to John Jones, or order, fifty dollars on demand, and charge to account of, yours truly, Iea Jot. Form of Order for a Suit of Clothes. Carson Citv, Jan. 4, 1883. H. S. Mason A: Co. : Please let Mr. George Tufly have such broadcloth, beaver or FOKMS. 341 other material as he may select for a suit of clothes, not exceeding one hundred dollars in value, and charge the same to the account of, yours truly, Ben Small. Form of Order for Cattle. WiNNEMUCCA, Jan. 2, 1882. Mr. Alex. Wise: Please deliver to John Brown, or bearer, the cattle I purchased of you last Saturday, and oblige, yours truly, Geo. E,. Walker. Form. of Receipt. TuscAKORA, Dec. 23, 1882. Received of S. M. Beard lifty-two dollars in full of all demands to date. J. M. HOGLE. Form of Receipt. Received of Leu Wines twenty dollars on account. O . L. C. Fairchild. Tuscarom, Dec. 23, 1882. Form of Receipt from. One Person for Another's Account. Elko, Dec. 24, 1882. Received of Walter Chase, one hundred and fifty dollars, to pay the account of Hon. John S. Mayhew against him. Merrill P. Freeman. By an excellent provision of the California Civil Code, persons desirous of forming a special partnership must severally sign and acknowledge before some officer authorized to take acknowledgment of deeds, and file one in the office of the county recorder of the county in which the principal business of the partnership is to be transacted, and a certified copy in the clerk's office of any other county in which such partnership has a place of business, a cer- tificate stating: First, The name under which the partnership is to be conducted; second. The general nature of the business intended 342 MISCELLANEOUS to be transacted; third, The names of all the partners and their residences, specifying which are general and which are special partners; fourth, The amount of capital which each special partner has contributed to the common stock; and, lifth, The periods at which such partnership will begin and end; and if any false state- ment is made in any such certificate, all the persons interested in the partnership are liable as general pautners for all the engage- ments of the partnership. For the convenience of such partnership under that code such certificate aaad acknowledgment are given in the following two forms: Form of Certificate. State of California, County of Mono, f We, the undersigned, do hereby certify that we are partners doing business under the name of the " Bodie Mountain Water Company;" that we intend to furnish pure water to the people of Bodie, in said county — pure water for drinking, culinary and other purposes; that the names of all the partners are Richard Brown, William A. Irwin, J. D. Page and John Wagner (that the said J. D. Page and John Wagner are special partners, and have con- tributed ten thousand dollars each to the common stock); that the residences of all said partners are in said town of Bodie; that said- partnership began om the second day of January, 1883, and is to continue for the term of twenty years. In witness whereof we have hereunto set our hands, this second day of January, a. d. 1883. RicHAED Brown, Wm. a. Irwin, J. D. Page, John Wagner. Form of Acknowledgrment. State of California, County of Mono. ^ " ' On this second day of January, a. u. 1883, before me, George McCartney, a notary public in and for said county of Mono, duly commissioned and sworn, personally appeared Richard Brown, Wm. A. Irwin, J. D. Page and John Wagner, known to me to be the persons described in and who executed tiie foregoing (or the annexed) instrument, and they severally acknowledged to me that they executed the same. FORMS. 343 In witness whereof I have hereunto set ray hand and affixed my official seal at my office in Eodie, aforesaid, on the day and year in this certificate above written. Geo. McCartney, [seal] Notary PuhliG. AGREEMENTS are contracts mutually made between two or more persons con- cerning something already done, or to be done. It is always better that agreements be reduced to writing (for writings never forget), and, in doing so, great care should be used in making the writing express in concise and exact terms the full agreement, or a perfect memorandum of it; for if, unfortunately, the contract should go into court, the judge will construe it as the language of the agreement may seem to require, giving to the words used in it their usual meaning. With this suggestion a general form of an agreement will be presented in Agreement. — General Form. This agreement, made this day of , 1882, between , of the city , county of and State of , party of the first part, and , of the town of , county of and State of- , party of the second part, witnesseth, that the party of the first part, for and in consideration of the covenants herein- after contained on the part of the party of the second part, does hereby covenant and agree to and with the said party of the second part, that [Here insert the agreement of the party first named above, concisely but exactly.] And the party of the second part, in consideration ot said cove- nants on the part of the party of the first part, does covenant and agree with said party of the first part, that he, the party of the second part, will [Here insert the agreement of the party of the second part concisely and exactly] In witness whereof we have hereunto set our hands the day and year above written. Form for the Sale and Delivery of Personal Property. This agreement witnesseth, that the undersigned, -, of the county of , State of , for and in consideration of the cove- nants and agreements hereinafter stated on the part of , of the 344 MISCELLANEOUS FORMS. county of , State aforesaid, does hereby agree that he will deliver at the ste miboat landing on the river, in said town of , four hundred centals of wheat, of good and mer- chantable quality, to the said , on or before the first day of , 18 — ; and the said , in consideration of the foregoing covenant of the said does covenant and agree that he will re- ceive the said wheat, at the place above named, at any time be- tween the date of this agreement and the said day of , 18 — , from the said , an'l will pay him therefor as soon as all of said wheat shall be delivered, at the rate of two dollars per cental for each cental of such wheat he may deliver as aforesaid, not exceeding said four hundred centals. Witness our hands to this agreement, in duplicate, this day of , A. D. 18 — . Form of Contract for Building. This agreement, made the day of , 18 — , between , of , county, State ot , party of the first part, and , of the same place, party of the second part, witnesseth, that the said party of the first part, for and in consideration of the cov- enants of the party of the second part hereinafter contained, cove- nants and agrees to and with the party of the second part, to make, erect, build and finish, in a good, substantial and workmanlike manner, and furnish the materials therefor at his own cost and expense, a two-story brick dwelling-house, on tliat certain lot in , aforesaid, described as follows, to wit : [Here describe the land on which the building is to be erected] agreeable to the draught, plan and specifications hereto annexed and signed by the parties hereto, of good and substantial materials, by the day of next : and in consideration of the fore- going covenants of said party of the first part, the party of the sec- ond part agrees to pay to the party of the first part the sum of four thousand dollars, in lawful money of the United States, for the said building, as follows, to wit : two thousand dollars when said building is enclosed and the roof thereof shall be put on. and the remaining two thousand dollars when said building sliall be com- pleted as above provided; and f )r the true and faithful ])erforraance of all and every of the agreements above mentioned the parties to this agreement do hereby further covenant and agree, each with the other, that the sum of fifteen hundred dollars shall be the estimated, fixed and settled damages to be paid by either party who shall fail faithfully to perform his covenants herein to the other party hereto. AGREEMENTS. 345 In witness whereof the said parties have hereunto set their hands the day and year first above written. [The distinction between sealed and unsealed private instruments is abolished in California.] Courts will construe agreements of all kinds according to the evident intention of the parties at the time of making the agree- ments. Form of Agreement to Sell Land. This agreement, made the day of ,a. d. 1882, between -, of the city of , county of , State of , party of the first part, and , of the of -, State aforesaid, the party of the second part, witnesseth, that the said party of the first part, for and in consideration of the sum of dollars, to him in hand paid, has agreed to sell and convey, by good and valid deed, to the party of the second part, all that certain lot, piece and parcel of land situate and being in county, in said State, bounded and described as follows, to wit : Beginning [Here describe the land as completely as possible, so that it may be readily identified.] together with, ail and singular, the tenements, hereditaments and appurtenances belonging and in any wise appertaining to said land, with the usual covenants of warranty in said deed, upon the following conditions, to wit: That the said party of the second part, his heirs or assigns, shall pay to the j^arty of the first part, his heirs or assigns, for the said land, the sum of four thousand dollars lawful money of the United States, in installments, as follows, to wit: The sum of one thousand dollars on the day of — — next, and the further sum of one thousand dollars on the day of , 188 — , and the remaining two thousand dollars on or before the day of , A. D , 188 — , together with legal interest on the said sev- eral sums from the date hereof until the same shall be paid. The ]3arty of the first part further agrees that the ]3arty of the second ]3art, his heirs or assigns, may forthwith, or at any time hereafter, enter u]3on and take possession of said land and cultivate the same until such ]3ayments become due as above stated; and that, upon the full ]3ayment of the said sum of four thousand dol- lars as above ]3r.)vided, by the party of the second part, his heirs or assigns, the ]3arty of the first part, his heirs, executors, adminis- trators or assigns, shall and will execute, in due form of law, and deliver to said \:>iivtj of the second ]3art or his legal representatives herein, the said deed above mentioned. And the said f>arty of the second part, for himself, his heirs. 346 AGREEMENTS. executors, administrators, and assigns, doth covenant and agree to and with the said party of the iirst part, his heirs and assigns, that the said party of the second part will pay the said sums above named as they severally become due, and also the inter- est thereon, together with all taxes and assessments which may be levied and assessed against said land above described. And it is further agreed by the party of the second part that if he make default in the payment of any of said installments at the time they shall become due as above provided, then this contract shall become forfeit and annulled, and the party of the first part, his heirs and assigns, shall be at liberty to enter upon and take possession of said land,- and to dispose of the same to any person, as if this contract had never been made. In witness whereof, the said parties have hereunto set their hands the day and year first above written. . [seal. ] [seal.] In most States, except California, seals, or scroll-s for seals, would be required. A contract like the foregoing should be acknowledged by the parties to it, and it should be recorded in the office of the county recorder of the county in which the land is situated.* Form of Agreement to Cultivate Lands on Shares. This agreement witnesseth, that , of , county, covenants with , of the same place, as follows, to wit: That the said will properly plow, harrow, fit and pre- pare for sowing, all that certain piece of land lying [Here deseribe the land properly.] and consisting of acres, more or less, belonging to said , and will sow the same in winter wheat, the seed necessary for which purpose is to be furnished by said , on or before the day of , A. D. 188 — , and that he will at the proper time cut, thresh, harvest and clean the same, and deliver to the said at his warehouse, in aforesaid, the one-third part of the said wheat within ten days after the same shall have been cleaned, and will carefully stack the straw on the said land, at such place thereon as the said shall require; and the said , in consideration of the agreement aforesaid, promises and agrees to and with the said , that ho may enter in and upon the said land for the purpose of tilling and sowing the same and of harvesting the crop, and have and enjoy free ingress and egress for * Courts will, however, construe the instrument as a mortgage, if failures have been made in the payments. AGREEMENTS. 347 the purposes aforesaid ; and that he. the said , will fur- nish to the said the seed-wheat, of good quality, lieces- sary to sow the same on or before the day of next, and will also permit the said • to thresh and clean the crop of wheat upon the land above described. In witness whereof, the parties of this agreement have hereunto set their hands, at aforesaid, this first dav of September, 1882. Executed in duplicate Form of Agreement for Sale and Purchase of Vines and Fruit Trees, This agreement between John B. True, of , m county, California, and W. L. Upson, of Modesto, Stanislaus County, State aforesaid, witnesseth, that the said John B. True asirees to sell and deliver to the said W. L. Upson, at the town of Modesto afore- said, during the month of February next, one thousand raisin grape vines, three hundred grafted apple trees, one hundred peach trees, fifty apricot trees, fifty nectarine trees, one hundred pear trees, fiftv plum ti-ees and one hundred almond trees, all in good order and condition, for transplanting in the month of March next, for the following prices, namely: For each one hundred grape vines, five dollars; for eacli hundred apple trees, twenty dollars; for each hundred peach trees, twelve dollars; for each fifty nectarine trees, twenty dollars; for each fifty apricot trees, fifteen dollars; for each one hundred pear trees, twenty-five dollars; for each fifty plum trees, fifteen dollars; and for each one hundred almond trees, twenty-five dollars; and the said W. L. Upson, in consideration of the sale and delivery thereof, agrees to purchase the aforesaid trees in the quantities above named and at the prices aforesaid, and to pay the said John B. True the full price therefor, in gold coin, upon the delivery of said trees at Modesto aforesaid. In witness whereof, the parties to this agreement have hereunto Bet their hands, this seventh day of December, a. d.1882. JoHJN B. True, W. L. Upson. Form of Contract for Sinking a Shaft on a Mining Claim, Well, etc. This agreement, made and entered into this third day of January, 1882, between John Oaks and James Hood, of Bodie, Mono 348 MISCELLANEOUS FOKMS. County, State of California, parties of the first part, and Thos. Buckley, J. C. Turner, Wm. Irwin and Geo. H. Winterburn, of the same place, parties of the second part, witnesseth: That the parties of the first part, for and in consideration of the sum of one hundred dollars, to them in hand paid, and in farther considera- tion of the covenants and agreements herein^ifter contained on the part of the parties of the second part, do hereby covenant and agree to and with the parties of the second part, to dig, excavate, construct and sink, in a good and workmanlike manner, a vertical mining shaft, four feet in width and eight feet in length in the clear inside, and to- a depth of three hundred feet from the surface of the ground, in and upon that certain mining claim known as and called the " Eclipse Mining Claim," located and being in Bodie Mining Dis- trict, county of Mono, and State of California, commencing such shaft at such point on said mining claim as a majority of the par- ties of the second part shall determine, for and at the rate and ])ay of five dollars per foot for each and every foot of the first fifty feet of said shaft from the surface of said mining claim; seven and one- half dollars per foot for each and every foot of the second ti^ty feet thereof; ten dollars per foot for each and every foot of the third fifty feet thereof; fifteen dollars per foot for each and every foot of the fourth fiftv feet of such shaft, and twenty dollars per foot for each and every foot of the last one hundred feet thereof, [If any drifting or other work is to be done from, in or about the shaft, insert such work agreed to be done, and the agreed price for the same, here.] and to have the same complete and finished of the capacity and depth above stated, and in a good and workmanlike manner and condition, on or before the expiration of five months from the date of this contract. In consideration of the foregoing agreements of the parties of the first part, and their performance of the same, the parties of the second part do hereby covenant and agree to pay to the said par- ties of the first part, for the sinking of said mining shaft as above ]>ro\'ided, in gold coin, as follows, to wit : The sum of one hundred dollars upon the execution of this contract, and when the first fifty feet of said shaft shall be completed, three fourths of the amount which shall then be duo therefor; when the second fifty feet thereof shall be completed, three fourths of the sum which shall tlieu be aying our creditors aforesaid. And we do hereby nominate, constitute and appoint the said Dan Lyons our true and lawful attorney, irrevocable by us or ASSIGNMENTS. 351 either of us, in the name of our said tirra, and for every purpose connected therewith; to ask, demand, sue for, collect, receive, and recover, iiU and singular, such sura or sums of money as now are, or may hereafter become, due, upon, for, or on account of any of the property, effects, choses, or tilings in action, or demands above assigned; giving and granting unto our said attorney full power and authority to do and perform every act, deed and thing, requi- site and necessary in the premises, as fully to all intents and pur- poses as we, or either of us, might or could do, if this assignment had not been made; with full power of substitution and revocation, hereby ratifying and confirming all that our said attorney or his substitute may lawfully do or cause to be done in the premises by virtue thereof. In witness whereof we have hereunto set our hands at Virginia City aforesaid this third day of January, a. d. 1882. Wm. Speer & Co., , Comprised of John Millson, Witnesses: M. Banner, A. Block. Wm. Speer. Form of Receipts. (Town or city and date.) Received of John Jones forty aollars, in full of all demands to date. Louis P. Waedle. Received of , dollars, on account. (Date, etc.) ■ Received of John Jones sixty dollars, payment in full for a bay horse, sold to James Thornton on October 7, 1882. C. P. Mason. Virginia, JVev., Dec. 31, 1882. A receipt like the above is as good as a bill of sale of the per- sonal property described. Received of John Jones the sum of seventy dollars, in full and complete satisfaction of his indebtedness to me in the sum of one Imndred and thirty dollars, and of all his indebtedness to me to date. Horace Bliss. Tuscarora, JVev.y Jan. 2, 1883. Receipt for and Assignment of Wages. Received of Wm. Hoskins the sum of one hundred dollars, in full of my account against the Ophir Mining Company in the city 352 AFFIDAVIT. of Yirginia, Storey County, Nevada, for my labor for said com- pany and my wages due and to become due therefrom for and during the month of January, a. d. 18S2; and I do hereby request the said company to pay the amount which may be due me on the next pay day of said company, to wit, on February 3, 1882, for my labor during the present month to the said Wm. Hoskins, and charge the same to my account. James Markham. Virginia City, Nev., Jan. 7, 1882. The mining companies will not accept such an order, but it is good between the parties thereto, and the secretaries will generally take them on pay-day, and pay the amount, in coin, to the party from whom he received it. A receipt in the foregoing form is as good an assignment of wages due and to become due as a more formal instrument. AFFIDAVIT. An affidavit is a written statement, subscribed by the party making it, and sworn to or affirmed before the proper officer. A deposition is the testimony of a witness under oath, reduced to writing. Form of Affidavit. State of Illinois K^ ^i^. County of Kane. \ John Doe, of the town of Geneva, in the county aforesaid, being duly sworn, says (here state the facts), and further says not. John Doe. Sworn to this tenth day of October, A. D. 1883, before me, John Jones, Commissioner of Deeds. If the matters embraced in the affidavit are not within the de- ponent's own knowledge, but have been communicated to him by others in whose assertion he places confidence, the affidavit should be in this form: — State of Illinois K^^ ^j^. County of Kane, j John Doe, of the town of Geneva, in the county aforesaid, being duly sworn, says that he has been informed, and believes it to be FOEMS. 353 true, that (here insert what he has been informed of), and further says not. John Doe. Sworn to this tenth day of October, A. D. 1882, before me, John Jones, Commissioner of Deeds. Bill of Sale of Goods. Know all men by these presents, that I, M E, grocer, for and in consideration of the sura of four hundred dollars, to me in hand paid by H N, of the same place, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, have bargained, sold, and delivered, and by these presents do bargain, sell and deliver unto the said H N (here in- sert t!ie particulars of the goods sold, or, say " all the goods, v*^ares, merchandise, chattels, and effects mentioned, and described in the scliedule hereunto annexed, and marked "A"), to have and to hold the said goods unto the said H N, his executors, administra- tors, and assigns, to his and their own proper use and benefit for- ever. And I, the said M E, for myself and my heirs, executors, and administrators, will warrant and defend the said bargained goods unto the said H N, his executors, administrators, and assigns, from and against all persons whomsoever. In witness, etc. (as in common bill of sale). Petition to the Governor for Pardon. To his Excellency^ Z. L. Moody, Governor of the State of Oregon : The petition of the undersigned, citizens of the United States and residents of Oregon, respectfully shows : That on the tenth day of June, 18S0, John Smith, of the city of Portland, county of Multnomah, in said State, was convicted be- fore the district court in and for said county and State, of the crime of manslaughter, and sentenced therefor to imprisonment in the State's prison, at Salem, — where he now is, — for the term of five years ; that the evidence upon which he was convicted was not altogether conclusive, as will appear by the summary thereof ap- pended hereto; that prior to being accused of said crime the said Smith had ever maintained the reputation of being a quiet, peace- able and upright man; that his conduct during imprisonment has been most exemplary — as will appear from the letter of the war- den filed herewith; that said Smith has a family who urgently need his support ; that your petitioners are of the opinion that the well being of society will not be injured by his release, and that the ends of justice have been sufiiciently answered under the cir- cumstances of his case : 23 354 MISCELLANEOUS FORMS. Wherefore, jour petitioners pray for tlie exercise of executive clemency in his hehalf. STATE OF OREGON, COUNTY OF MULTNOMAH. PETITIONERS. PETITIONERS. Petition for the Appointment of a Policeman. To the Mayor and Aldermen of the city of , in Common Council assemhled : Gentlemen: The undersigned, citizens and tax-payers of feeling that life and property are yqvj insecure after daric in por- tions of this town, respectfully pray your honorable body to appoint a night policeman to have supervision of the streets and alleys from to streets on . City of , county of , State of . PETFTIONERS. PETITIONERS. Petition for a New Post-Oflace, Etc. To the Postmaster- General^ Washington^ D. C: The undersigned, your petitioners, respectfully represent that they are residents of , in the county of , and State (oi- Territory) of . That there are two hundred or more adult persons residing in the immediate vicinity of said place, and that it is six miles distant thence to the nearest post-office; that a tri- weekly line of stages, carrying the United States mail, now runs from to , in said county, and within two miles of the center of residence of your petitioners. Yonv petitioners further represent that it would greatly benefit the people of their vicinity were a post-office established at the point above named and a tri- weekly mail connected therewith ; they therefore respectfully pray that said postal route be so changed as to run through their place above named ; that a post-office be established at said point to be called the post-office, and that said tri-weekly mail be brought EIGHT OF WAY. 355 thereto; and thej further respectfully recommend the appointment of Mrs. , a widow, as a discreet and suitable person to act as postmistress in said new office. And your petitioners will ever pray. PETITIONERS. PETITIOJTERS. RIGHT OF WAY TO SIDEWALK ANT> ROAD. Persons in motion have alegal right to the right hand side of the walk in whatever direction they may be going, in all public ways where people meet; and they are legal, and, generally, unnecessarily, trespassers on the rights of others, if they take the left-hand side of the walk in the direction they are moving. Persons are also entitled on the sidewalk and, in all places, to real politeness from all with whom they are brought into contact, and are themselves under obligations to treat all persons with politeness with whom they voluntarily bring themselves into contact. True politeness consists, in addition to polished man- ners and the exercise of good sense, in being as regardful of the rights and wishes, and even the prejudices, of others, as you wish others to be regardful of yours. On the road, teams have the right to the right-hand side in the direction they are traveling, and are trespassers if found on the left-hand side; and if injury results from their being there, they will be liable for all damages which may directly resijlt from such injury. Heavily loaded teams have the right to the beaten track in preference to lightly loaded ones; and if either team must have the track, the lightly loaded one must ''turn but." Where the track is too narrow to meet upon, the team which was first upon it, in the natural order of travel, is entitled to such track throughout the length of such nar- row space; and persons meeting it from the opposite direction must wait for it at a wider point until it passes them, or for a reasonable time. BILLS OF EXCHANGE. A hill of exchange is a written request from one person to an- other, desiring him to pay a sum of money to a third person, 356 BILLS OF absolutely and at all events. They are seldom used except in drawing upon a person who is abroad in a foreign country. The person who draws the bill is called the drawer; the person on whom it is drawn is called the drawee. After the drawee has accepted the bill, he is called the acceptor. A bill or note drawn payable to order must have the name of the person to whose order it is made payable written on it before it can be negotiated to a third person ; and he whose name is thus written on it is liable to pay the bill or note, if not paid, and he have due notice of the same. In accepting a bill of exchange or draft, write the word ' ' accepted," together with the date when accepted, and the name of the party or firm accepting, across the face or on the back of the bill or draft. Acceptance acknowledges the genuineness of the signature of the drawer; and the acceptor would be liable to a holder in good faith, although the signature of the drawer were a forgery. When a bill is drawn payable so many days after sight, it should be presented for acceptance on the next day after it is received. If you keep the bill without presenting it for acceptance, to the injury of the drawer, you must bear the loss yourself. The drawee of a bill has twenty-four hours' time within which to make up his mind whether he will accept the bill; but if he refuses to return it after the expiration of that time, he is ' to be considered as having accepted it. If the drawee refuses to accept a bill presented for acceptance, or to pay a bill presented for payment, it should be immediately protested, and notice sent to all the endorsers on the bill; other- wise the endorsers will not be liable. Three days of grace , as they are called, are allowed on bills of exchange that are not drawn payable at sight; that is, they are not duo until the third day after the time mentioned in the bill, ex- cept in California, where no days of grace are allowed. If the third day happens to fall on Sunday, they are then due the day before, that is, on Saturday. A bill drawn at sight is payable on presentation; at least it is advisable to protest it first] for non-payment, and then demand acceptance; and if acceptance is refused, protest it also for non- acceptance. A person becoming surety for a note or bill of exchange should be notified of its non-payment in the same manner as an endorser. EXCHANGE. 367 A check ought to be presented for payment within twenty -fonr hours of the time of receiving it. If the drawer of a check payable on demand have no funds in the bank at the time it is drawn, it is a fraud. The holder of a check is not obliged to accept part payment thereof, although tendered by the bank; he has a right to have the whole, and may decline any less sum. If the drawee of a bill or maker of a note be out of the State or at sea, the same must be presented at his usual place of business, or at his place of residence, unless some other place is specified therein. Any material alteration of a bill of exchange, drafts, etc., — such as an alteration in the date, in the amount, or the time of payment, — discharges all the parties thereto who do not assent to the mak- ing of the alteration. Notice of Non-Payment to be given to the Drawer or Endorser of a Bill of Exchange. , ■- -, 18-. Please to take notice that a certain bill of exchange, dated , for $590, drawn by , of , and by you endorsed, was this day protested for non-payment, and the holders look to you for the payment thereof. Tours, etc., To Mr. S. H. P. L., JVotan/ Public. Protest of a Bill of Exchange, United States of America, State of , ss. On the day of , in the year of our Lord one thousand eight hundred and — , at the request of Mr. S. H., of , I, P. L., a notary public, duly commissioned and sworn, dwelling in the city of , did present the original bill of exchange, a copy of which is hereunto annexed,atthe shop ofMr.A.,the acceptor thereof, i-n the city of , to a man there attending, and demanded payment of the same, which was refused, the s-aid man replying that Mr. A. was not in, and he could not pay it (or as the fact may he); where- upon I, the said notary, at the request aforesaid, did protest, and by these presents do publicly and solemnly protest, as well against the acceptor of the said bill of exchange as against all others whom it doth or may concern, for exchange, re exchange, and all costs, damages, and interest, already incurred, and to be 358 BILLS OF EXCHANGE hereafter incurred, for want of Dayment of the said bill of exchange. This done and protested in the citj' of aforesaid, in the presence of and , witnesses. In testimoneum veritatis. [l. s.] Notary Public. BILLS OF EXCHANGE AND BANK CHECKS. Bills of Exchange. Chicago, Deo. 17, 1882. $10,000., Ten days after sight, pay to the order of H. A. G. ten thousand dollars, and charare the same to account of J. L. B. To Messrs. Jones & Co., New York City. A Set of Bills of Exchange. W. F. & Co. Banking Office, Chicago. III., Dec. 27, 1882. No. 1. Ex. for $10,000. At sight of this first of exchange (second and third unpaid), pay to the order of H. A. G. ten thousand dollars, value received, and charge the same to account of W. F. & Co. To Messrs. Johnson & Co., New York City. W. F. vfe Co. Banking Office, Chicago, III., Dec. 27, 1828. No. 2. Ex. for $10,000. At sight of this second of exchange (first and third unpaid), pay to the order of H. A. G. ten thousand dollars, value received, and charge the same to account of W. F. &Co. To Messrs. Johnson & Co., bankers. New York City. W. F. & Co. BanivIng Office, Chicago, III., Dec. 27, 1882. No. 3. Ex. for $10,000. At sight of this third of exchange (fin-st and second unpaid), pay to the order of H. A. G. ten thousand dollars, value received, and charge the same to account of W. F. & Co. To Messrs. Johnson & Co., bankers, New York City. TENDEK. Bank Check. 359 No. 27. Chicago, III., Jan. 4, 1883. W. F. & Co., pay to Marshall Field & Co. five thousand dollars. $5,000. H. A. G. Draft or Check. Dated, Nov. 23, 1882. Drawn by Fairbanks, Palmer «&; Co. Drawn upon Henry Villard & Co. Order of H. A. Gaston. Time, 30 days. Due, Dec. 30, 18S2. Amount, $2,000. No. 7. $2,000. Chicago, A^ov. 23, 1882. Thirty (30) days* after date pay to the order of H. A. Gas- ton, two thousand (2.000) dol- lars, value received, and charge the same to account of Fairbanks, Paliviee & Co. To Henry Villard & Co. TENDER. A tender, in law, is an offer of the particular thing agreed to be delivered, or an offer of the full amount of money legally due from the debtor to the creditor, or to his successor in interest, at the time the payment or delivery is tendered. K a tender be made, it must not be withdrawn, but if made in money it should be paid into court, or to the clerk of the court (if the court have a clerk), or into a solvent bank, or some other place of solvent deposit, and the creditor should at once be notified of the deposit made to his conditional credit. If the tender be of other matter than money, it should be left (if not accepted), with some responsible third party or held for the benefit of the creditor, who should be notified of the fact by one or more legal witnesses. If the tender be of the thing, or of money equal to the full amount due the creditor or at the time it was made, either in money or kind, all costs which may accrue thereafter will be at the expense of the creditor refusing the tender. Tendering an amount greater than the amount legally due includes the amount legally due, and is a valid tender in law. The creditor may accept the greater amount, and return the excess if he pleases so to do. 360 LAW OF GENERAIi RUIjES OF LAW BBLATING TO AGREE- MENTS AKTD CONTRACTS. 1. All agreements must show that they are made for a valuable consideration, or they will be held void. 2. In drawing; an ao;reement, great care should be taken to state in it fully the exact thing which each party agrees to perform, and that nothing he left to he inferred; for it is a rule of law that 'rio oral testimony can contradiGt the terms of a written contract, un- less fraud can be shown on the part. of one of the parties to the contract in obtaining it. " Fraud vitiates every contract." 3. Where the promise of one party is the consideration of the promise of the other, the agreement is valid. 4. An agreement without any consideration for it is void be- tween the parties to it; but if made in writing and held by an innocent party who paid a valuable consideration for it, it would be enforced. 5. If contracts can be understood, they will be enforced how- ever in artistically they may be drawn. 6. A contract can not be rescinded except by consent of both parties to it. 7. Contracts written in pencil are binding, but are very unsafe from their liability to erasure. It is better to use ink. 8. Where contracts are for a term longer than a year, they should be in writing. 9. Each party to a contract should have and preserve an exact copy of it. 10. Erasures and interlineations in the body of a contract should be specified in the margin or at the bottom as having been made before the contract was signed. 11. Where parties fail to perform their agreements, the measure of damages will be commensurate with the injury sustained by the innocent party; for instance, for failure on a valid covenant to convey real estate, the measure of damages is the purchase money paid, with interest thereon. 12. Where a party fails to deliver property at the time and place named in the contract, the measure of damages is the value of such property at the time and place named; and on all contracts for the delivery of goods on demand, the measure of damages is the value of the <>oorls at the time of the demand. 14. The measure of damages for tiie loss of goods by commoa C0NTKACT8. 361 carriers is the value of the goods at tlie place where thej were to be delivered, less the freight on such goods. 15. Where no actual loss has been sustained by the breach of a contract, a party is entitled to nominal damages only. All agreements are null and void at the end of one year from their date, unless the contract, or some memorandum thereof, stat- ing the consideration, be in writing^ and signed by the parties by whom the agreement is made. All leases expire at the end of one year, unless there is a written agreement stating the consideration for a longer period. All agreements expire at the end of one year, unless they ex- plicitly state that they are for a longer period. Signatures signed with a lead pencil, or by making a mark if the parties making them cannot write, if done in the presence of one or more witnesses, are good in law. But when a pen can be had, it should be used in preference, to obviate the possibility of legal quibbling. Agreements which fail to show that they were made for a con- sideration — that is, without a fair or reasonable sum of money or property to the value of money — are void in law. Every agreement should distinctly specify the time within which, or at the end of which, its conditions shall be complied with. Every instrument is better in law with a seal than without one, except in the State of California, where seals to private instru- ments are abolished. CHAPTER XV. OF PATENT RIGHTS. As Americans are an inventive people, and have an acute taste for mechanical contrivances and labor-saving machines; and as the Government fosters this noble and elevating genius of the people by giving to the original discoverer and maker of any new and useful machine or device, the exclusive right of its manufacture, use and control for a period of seventeen years from the date of let- ters patent issued for his invention, the author and compiler of this work has thought it for the interest of all persons, and par- ticularly that most useful class of American citizens known as " inventors," to absorb very liberally into the work matter from the latest revision of the Rules of Practice in the United States Patent Office, with the forms supplemental thereto by the Com- missioner of Patents, which rules and forms show to inventors what irvust he done in order to secure letters patent for inventions^ composition of matter^ designs, etc., and all matters for which let- ters-patent may be granted. He therefore presents the following from the latest revision of the RULES OF PRACTICE IN THE UNITED STATES PATENT OFFICE. [revised, 1882.] • Correspondence. All business with the office should be transacted in writing. All office letters must be sent in the name of the "Commis- sioner of Patents." All letters and other communications in- tended for the office must be addressed to him. Express charges, freight, postage, and all other charges on mat- ter sent to the patent office must be prepaid in full; oth^'wise it Vill not bo received. The personal attendance of applicants at the patent office is un- ¥ Bcessary. Their business can be transacted by correspondence. The assignee of the entire interest of an invention is entitled to RIGHTS. 363 hold correspondence with the office to the exclusion of the in- ventor. Where there has been an assia^nment of an undivided part of an invention, the inventor and the assignee will both be recognized as the proper parties to hold correspondence with the office, and all amendments and other actions in such cases must be signed by both parties. When an attorney shall have filed his power of attorney, duly executed, the correspondence will be held with him. A separate letter should in every case be written in relation to each distinct subject of inquiry or application. Assignments for record, final fees and orders for copies or abstracts must be sent to the office in separate letters. When a letter concerns an application, it should state the name of the applicant, the title of the invention, the serial number of the application and the date of filing the same. When the latter concerns a patent, it should state the name of the patentee, the title of the invention, and the number and date of the -oatent. Information to Correspondents. Of the propriety of making an application for a patent, the in- ventor must judge for himself. Caveats and pending applications are preserved in secrecy. No information will be given, without authority, respecting the filing by any particular person of a caveat, or of an application for a pat- ent, or for the reissue of a patent. After a patent has issued, the model, specification, drawings, and all documents relating to the case are subject to general in- spection. Attorneys. Any person of intelligence and good moral character may ap- pear as the agent or the attorney in fact of an applicant, upon filing a proper power of attorney. As the value of patents de- pends largely upon the careful preparation of the specifications and claims, the assistance of competent counsel will, in most cases, be of advantage to the applicant; but the value of their ser- vices will be proportionate to their skill and honesty, and too much care cannot be exercised in their selection. The office cannot as- sume responsibility for the acts of attorneys, nor can it assist ap- plicants in making selections. It will, however, be unsafe to 364 PATENT trust those who pretend to the possession of superior facilities or capacity and diligence for procuring patents in a shorter time or with broader claims than others. Before any attorney, original or associate, will be allowed to in- spect papers or take action of any kind his power of attorney must be filed. No power of attorney purporting to have been given to a firm or copartnership will be recognized, either in favor of the firm or of any of its members, unless all its members shall be named in such power of attorney. Who May Obtain a Patent. A patent may be obtained by any person who has invented or discovered any new and useful art, machine, manufacture, or com- position of matter, or any new and useful improvement thereof, not known or used by others in this country, and not patented or described in any printed publication in this or any foreign country, before his invention or discovery thereof, and not in public use or on sale for more than two years prior to his application, unless the same is proved to have been abandoned ; and by any person who by his own industry, genius, efforts, and expense, has invented and produced any new and original design for a manufacture, bust, statue, alto-relievo, or bas-relief; any new and original design for the printing of woolen, silk, cotton, or other fabrics; any new and original impression, ornament, pattern, print, or picture to be printed, painted, cast, or otherwise placed on or worked into any article of manufacture; or any new, useful, and original shape or configuration of any article of manufacture, the same not having been known nor used by others before his invention or production thereof, nor patented nor described in any printed publication, upon payment of the fees required by law and other due proceed- ings had. In case of the death of the inventor, the application may be made by, and the patent will issue to, his executoror administra- tor. In such case the oath will be made by the excecutor or administrator. In case of an assignment of the whole interest in the inven- tion or of the whole interest in the patent to be granted, the patent will, upon request of the applicant or assignee, issue to tiie assignee; and if the assignee hold an undivided part interest, the patent will, upon like request, issue jointly to the inventor and the assignee; but the assignment in either case RIGHTS. 365 must first have been entered of record, and at a day not later than the date of the payment of the final fee. The application and oath must be made by the actual inventor, if alive, even if the patent is to issue to an assignee. If the inventor be dead it may be made by the executor or administrator, or by the assignee of the entire in- terest. If it appear that the inventor, at the time of making his applica- tion, believed himself to be the first inventor or discoverer, a patent will not be refused on account of the invention or discovery, or any part thereof, having been known or used in any foreign country before his invention or discovery thereof, if it had not been before patented or described in any printed publication. Joint inventors are entitled to a joint patent; neither can claim one separately. Independent inventors of distinct and independent imporvements in the same machine cannot obtain a joint patent for their separate inventions; nor does the fact that one furnishes the capital and another makes the invention entitle them to make application as joint inventors; but in such case they may become joint patentees, upon the conditions. The receipt of letters patent from a foreign government will not prevent the inventor from obtaining a patent in the United States unless the invention shall have been introduced into public use in the United States more than two years prior to the application. But every patent granted for an invention which has been pre- viously patented by the same inventor in a foreign country will be 80 limited as to expire at the same time with the foreign patent, or, if there be more than one, at the same time with the one hav- ing the shortest unexpired term; but in no case will it be in force more than seventeen years. The Application Applications for letters patent of the United States must be made to the Commissioner of Patents, A complete application comprises the petition, specification, oath, and drawings, and the model or specimen when required and first fee of $15. The petition, specification and oath must be written in the English language. No application for a patent will be placed upon the files for examination until all its parts, except the model or specimen, are received. Every application signed or sworn to in blank, or with- out actual inspection of the petition and specification, or altered or 366 PATENT partly filled up after being signed or sworn to, will, upon the dis- covery of such irregularity, at any time before the delivery of the patent, be stricken from the files. The completed applications of each year will be numbered in regular order, the annual series commencing on the 1st of January, 1880. The applicant will be promptly informed of the serial number of his completed applica- tion. The application must be completed and prepared for exam- ination within two years after the filing of the petition; and in default thereof, or upon failure of the applicant to prosecute the same within two years after any action thereon, of which notice shall have been duly mailed to him or his agent, it will be regarded as" abandoned, unless it shall be shown, to the satisfaction of the Commissioner, that such delay was unavoidable. It is desirable that all parts of the complete application should be deposited in the office at the same time, and that all the papers embraced in the application should be attached together; otherwise a letter must accompany each part, accurately and clearly con- necting it with the other parts of the application. The Petition. The petition is a communication duly signed by the applicant and addressed to the Commissioner of Patents, stating the name and residence of the petitioner, and requesting the grant of a patent for the invention therein designated by name, with a reference to the specification for a full disclosure thereof. The Specification. The specification is a written description of the invention or discovery, and of the manner and process of making, constructing, compounding, and using the same, and is required to be in such full, clear, concise, and exact terms as to enable any person skilled in the art or science to which it appertains, or with which it is most nearly connected, to make, construct, compound and use the same. It must conclude with a specific and distinct claim or claims of the part, improvement, or combination which the ap- plicant regards as his invention or discovery. The following order of arrangement should be observed when convenient in framing the specification, such portions as refer to drawings being omitted when the invention does not admit of reu- resentations by drawings : (1.) Preamble, giving the name and residence of the applicant, and the title of the invention. BIGHTS. 367 (2.) General statement of the object and nature of the in- vention. (3.) Brief description of the drawings, showing what each view represents. (4.) Detailed description, explaining fully the alleged inven- tion, and the manner of constructing, practicing, operating, and using it. (5.) Claim or claims. (6.) Signature of inventor. (7.) Signatures of two witnesses. The detailed description above referred to must set forth the precise invention for which a patent is claimed, explaining the principle thereof and the best mode in which the applicant has con- templated applying that principle, so as to distinguish it from other inventions. Where there are drawings the description will refer by figures to the different views, and by letters or figures to the difierent parts. In applications for patents upon mere improvements, the spec- ification must particularly point out the parts to which the improve- ment relates, and must by explicit language distinguish between what is old and what is claimed as the improvement ; and in such cases the description and the drawings, as well as the claims, should be confined to the specific improvements and such parts as necessarily co-operate with them. In every original application the applicant must distinctly state, under oath, whether the invention has been patented to himself or to others with his consent or knowledge in any country, and if it has been, the country or countries in which it has been so pat- ented, giving the date and number of each patent, and that it has not been patented in any other country or countries than those mentioned, and that, according to his knowledge and belief, the same has not been in public use in the United States for more than two years prior to the application in this country. Tw(3 or more independent inventions cannot be claimed in one application ; but where several distinct inventions are dependent upon each other and mutually contribute to produce a single result, they may be claimed in one apj)lication. If several inventions, claimed in a single application, shall be found to be of such a nature that a single patent may not be issued to cover them, the inventor will be required to limit the descrip- 368 PATENT tion and claim of tlie pending application to whichever invention he may elect ; the other inventions may be made the subjects of separate applications, which must conform to the rules applicable to original applications. If the independence of the inventions be clear, such limitation will be made before any action upon the merits; otherwiso it may be made at any time before linal action thereon, in the discretion of the examiner. When an applicant makes two or more applications relating to the same subject-matter of invention, all showing, but only one claiming, the same thing, those not claiming it must contain disclaimers thereof, with references to the application claiming it. The specification must be signed by the inventor or by his executor or administrator , and the signature must be attested by two witnesses. Full names must be given, and all names, whether of applicants or witnesses, must be legibly written. The specification and claims and all amendments must be written in a fair, legible hand, on but one side of the paper, otherwise the office may require them to be printed ; and all interlineations and erasures must be clearly marked in marginal or foot-notes written on the same sheet of paper. Legal-cap paper with the lines num- bered is deemed preferable, and a wide margin must always be reserved upon the left-hand side of the page, both of the specifica- tion and of the amendments. The Oath. The applicant, if the inventor, must make oath or affirmation that he does verily believe himself to be the original and first inventor or discvoerer of the art, machine, manufacture, composi- tion or improvement for which he solicits a patent, and that he does not know and does not believe that the same was ever before known or used; and shall state of what country he is a citizen, and where he resides. An applicant for reissue must also, on his oath, state that he verily believes the original patent to be inoperative or invalid, either by reason of a defective or insufficient specifi- cation or by reason of the patentee claiming as his own invention- or discovery more than he had a right to claim is new, and that the error arose by inadvertence, accident or mistake, and without any fraudulent or deceptive intention. If the ajiplication be made by an executor or administrator, the form of the oath will be correspondingly changed. The oath or affirmation mav be made before any person within the United RIGHTS. 369 States authorized by law to administer oaths, or, when the appli- cant resides in a foreign country, before any minister, charge d'affairs^ consul, or commercial agent holding commission under the Government of the United States, or before any notary public of the foreign country in which the applicant may be, the oath being attested in all cases, in this and other countries, by the proper official seal of the officer before whom the oath or affirma- tion is made. When the person before whom the oath or affirma- tion is made is not provided with a seal his official cluiracter shall be established by competent evidence, as by a certificate from a clerk of a court of record or other proper officer having a seal.* In case the applicant seeks by amendment to introduce any claim not substantially embraced in the statement or invention or claim originally presented and therefore not covered by the origi- nal oath, he will be required to file a supplemental oath to the efiect that the subject-matter of the proposed amendment was part of his invention and was invented before he filed his original application; and such supplemental oath must be upon the ^ame paper which contains the proposed amendment. The Dra^wings. The applicant for a patent is required by law to furnish a draw- ing of his invention where the nature of the case admits of it. The drawing must be signed by the inventor or by his attorney m fact, and attested by two witnesses, and must show every feature of the invention covered by the claims, and when the invention consists of an improvement on an old machine, it must exhibit,^in one or more views, the invention itself, disconnected from the old structure, and also, in another view, so much only of the old structure as will suffice to show the connection of the invention therewith. Three several editions of patent-drawings are printed and pub- lished: pne for office use, certified copies, etc., of the size and char- acter of those attached to patents, the work being about 6 by 9^ inches; one reduced to half that scale, or one fourth the surface, of which four will be printed on a page to illustrate the volumes distributed to the courts; and one reduction — to about the same scale — of a selected portion of each drawing to illustrate the Offi- cial Gazette. * A certificate of the oflacial character of a magistrate, stating date of appoint- ment and term of office, may be filed in the patent office, which will obviate the necessity of separate certificates in individual cases. 24 370 PATENT This work will all be done bj the photolithographic or other analagous process, and therefore the character of each original drawing must be brought as nearly as possible to a uniform stand- ard of excellence, suited to the requirements of the process, and calculated to give the best results, in the interests of inventors, of the office, and of the public generally. The following rules will therefore be rigidly enforced, and any departure from them will be certain to cause delay in the examination of an application for letters patent: (1.) Drawings must be made upon pure white paper of a thick- ness corresponding to three-sheet Bristol-board. The surface of the paper must be calendered and smooth. India ink alone must be used, to secure perfectly black and solid lines. (2.) The size of a sheet on which a drawing is made must be exactly 10 by 15 inches. One inch from its edges a single marginal line is to be drawn, leaving the " sight " precisely 8 by 13 inches. Within this margin all work and signatures must be included. One of the shorter sides of the sheet is regarded as its top, and, meas- uring downward from the marginal line, a space of not less than 1^ inch is to be left blank for the heading of title, name, number, and date. (3.) All drawings must be made with the pen only. Every line and letter (signatures included) must be absolutely black. This direction applies to all lines, however fine, to shading, and to lines representing cut surfaces in sectional views. All lines must be clean, sharp, and solid, and they must not be too fine or crowded. Surface shading, when used, should be open. Sectional shading should be made by oblique parallel lines, which may be about one twentieth of an inch apart. (4.) Drawings should be made with the fewest lines possible consistent with clearness. By the observance of this rule the ef- fectiveness of the work after reduction will be much increased. Shading (except on sectional views) should be used only on convex and concave surfaces, where it should be used sparingly, and may even there be dispensed with if the drawing is otherwise well exe- cuted. The plane upon which a sectional view is taken should bo indicated on the general view by a broken or dotted line. Heavy lines on the shade sides of objects should be used, except where they tend to thicken the work and obscure letters of reference. The light is always supposed to come from the upper left-hand RIGHTS. 371 corner, at an angle of forty-five degrees. Imitations of wood or surface-graining should not be attempted. (5.) The scale to which a drawing is made ought to be large enough to show the mechanism without crowding, and two or more sheets should be used if one does not give sufficient room to accomplish this end; but the number of sheets must never be in- creased unless it is absolutely necessary. (6.) Letters and figures of reference must be carefully formed. They should, if possible, measure at least one eighth of an inch in height, so that they may bear reduction to one twenty-fourth of an inch; and they may be much larger when there is sufficient room. They must be so placed in the close and complex parts of drawings as not to interfere with a thorough comprehension of the same, and therefore should rarely cross or mingle with the lines. When necessarily grouped around a certain part, they should be placed at a little distance, where there is av^ailable space, and con- nected by short broken lines with the parts to which they refer. They must never appear upon shaded surfaces, and, when it is difficult to avoid this, a blank space must be left in the shading where the letter occurs, so that it shall appear perfectly distinct and separate from the work. If the same part of an invention appear in more than one view of the drawing it must always be represented by the same character, and the same character must never be used to designate difierent parts. (7.) The signature of the inventor is to be placed at the lower right-hand corner of the sheet, and the signatures of the witnesses at the lower left-hand corner, all within the marginal line. The title is to be wi'itten with pencil on the back of the sheet. The permanent natnes and title will be supplied subsequently by the office in uniform style. When views are longer than the width of the sheet, the sheet is to be turned on its side, and the heading will be placed at the right, and the signatures at the left, occupying the same space and position as in the upright views, and being horizontal when the sheet is held in an upright position; and all views on the same sheet must stand in the same direction. (8.) As a rule, one view only of each invention can be shown in the Gazette illustrations. The selection of that portion of a draw- ing best calculated to explain the nature of the specific improve- ment would be facilitated, and the final result improved, by the judicious execution of a figure with express reference to the Ga- ;)72 PATENT zettc, but which might, at the same time, serve as one of the fig- ures referred to in the specification. For this purpose, the figure may be a plan, elevation, section, or perspective view, according to the judgment of the draftsman. It must not cover a space ex- ceeding sixteen square inches. All its parts should be especially open and distinct, with very little or no shading, and it must illus- trate the invention claimed only, to the exclusion of all other de- tails. When well executed, it will be used without curtailment or change; but any excessive fineness, or crowding, or unnecessary elaborateness of detail, will necessitate its exclusion from the Gazette. (9.) Drawings should be rolled for transmission to the office, not folded. No agent's or attorney's stamp, or advertisement, or written address, will be permitted upon the face of a drawing within or without the marginal line. All reissue applications must be accompanied by new drawings, of the character required in original applications, and the inventor's name must appear upon the same in all cases of patents granted or assigned since July 8, 1870; and such drawings, if the original application was filed after July 8, 1870, shall be made upon the same scale as the original drawing or upon a larger scale, unless a reduction of scale shall be authorized by the Commissioner. The foregoing rules relating to drawings will be rigidly enforced; and every drawing not artistically executed in conformity there- with will be returned to the applicant ; or, at the applicant's option and cost, the ofiice will make the necessary corrections. Applicants are advised to employ competent artists to make their drawings. The office will furnish the drawings at cost, as promptly as its draughtsmen can make them, for applicants who cannot otherwise conveniently procure them. The Model. Preliminary examinations will not be made for the purpose of determining whether models are required in particular cases. Applications complete in all other respects will be sent to the examining divisions, whether models are or are not furnished. A model will not be required or admitted as a part of the application until, on examination of the case in its regular order, the primary examiner shall find it to be necessary, or useful, and shall file a written certificate to that eftect, which will constitute an official action in the case. Models not required nor admitted, if already RIGHTS. 373 filed, will be returned to the applicants. When a model shall be required the examination will be suspended until it shall be filed. From a decision of the primary examiner overruling a motion to dispense with a model an appeal may be taken to the Commis- sioner in person. The model must clearly exhibit every feature of the machine which forms the subject of a claim of invention, but should not include other matter than that covered by the actual invention or improvement, unless it is necessary to the exhibition of the inven- tion in a working model. The model must be neatly and substantially made, of durable material, metal being deemed preferable; but when a material forms an essential feature of the invention, the model will be constructed of that material. The model must not he m^ore than one foot in length, width^ or height, except in cases in which the Commissioner shall admit working models of complicated ma- chines of larger dimensions. If made of wood, it must be painted or varnished. Glue must not be used; but the parts should be so connected as to resist the action of heat or moisture. Where practicable, to prevent loss, the model or specimen should have the name of the inventor permanently fixed thereon. In cases where models are not made strong and substantial, as here directed, the application will not be examined until a proper model is furnished. A working model is often desirable, in order to enable the oflice fully and readily to understand the precise operation of the ma- chine. In cases where an application has been rejected more than two years, the model, unless it is deemed necessary that it should be preserved in the oflSce, may be returned to the applicant upon demand, and at his expense ; and the model, in any pending case of less than two years standing, may be returned to the applicant upon the filing of a formal abandonment of the application, signed by the applicant in person. Models belonging to patented cases will not be taken from the office except in the custody of some sworn employe of the office specially authorized by the Commis- sioner, with the written approval of the Secretary of the Interior. Models filed as exhibits in contested cases may be returned to the applicant. If not claimed within a reasonable time they may be disposed of at the discretion of the Commissioner. 374 PATENT Specimens. When the invention or discovery is a composition of matter, the applicant, if required by the Commissioner, shall furnish speci- mens of the composition, and of its ingredients, sufficient in quan- tity for the purpose of experiment. In all cases where the article is not perishable, a specimen of the composition claimed, put up in proper form to be preserved by the office, must be furnished. The Examination. All cases in the patent office are classified and taken up for examination in regular order, those in the same class being exam- ined and disposed of, as far as practicable, in the order in which the respective applications are completed. When, however, the invention is deemed of peculiar importance to some branch of the public service, and when, for that reason, the head of some depart- ment of the Government specially requests immediate action, the case will be taken up out of its order. I Rejections and Beferences. WTienever, on examination, any claim of an application is rejected for any reason whatever, the applicant will be notified thereof, and the reason for such rejection will be fully and precisely stated, and such information and references will be given as may be useful in judging of the propriety of prosecuting his application or of alter- ing his specification ; and if, after receiving such notice, he shall persist in his claim, with or without altering his specification, the case will be re-examined. If upon re-examination it shall be again rejected, the reasons therefor will be fully and precisely stated. Whenever, in the treatment of an ex parte application, an adverse decision is made upon any preliminary or intermediate question, without the rejection of any claim, notice thereof, together with the reasons therefor, will be given to the applicant, in order that he may judge of the propriety of the action. If, after receiving such notice, he traverse tlie oro^^riety of the action, the matter will be "'econsidered. Amendments and Actions by Applicants. The applicant has a right to amend before or after the first rejec- tion; and he may amend as often as the examiner presents any new references or reasons for rejection. In so amending the applicant RIGHTS. 375 must clearly point out all of the patentable novelty which ho thinks the case presents, in view of the state of the art disclosed by the references cited or objections made. He must also show how the amendments avoid such references or objections. After such action on all the claims as shall entitle the applicant to an appeal to the board of examiners-in-chief, amendments will not ordinarily be allowed. If such amendments are offered, good and sufficient cause therefor must be shown, togetlier with the reasons why they were not earlier presented; and, if satisfied on these points, the examiner may admit and consider them. If the examiner shall refuse to admit and consider such amendments, an appeal will lie to the Commissioner, as in other cases. In order to be entitled to reconsideration, the applicant must make request therefor in writing, and he must distinctly and specifically point out the supposed errors of the examiner's action. The mere allegation that the examiner has erred will notJbe received as a proper reason for such reconsideration. In original applications, which are capable of illustration by "drawing or model, all the amendments of the model, drawinofs, or specification or of additions thereto must conform to at least one of them as /hey were at the time of the filing of the application. Matter not found in either, involving a departure from the original invention can be shown or claimed only as a separate application. If the invention does not admit of illustration by drawing or model, amendment of the specification is permitted upon proof satisfactory to the Commissioner that the matter covered by the proposed amendment was a part of the original invention. The specification must be amended and revised, when required, for the purpose of correcting inaccuracies of description or unnec- essary prolixity, and of securing correspondence between the claim and the other parts of the specifications. After the completion of the application the office will not return the specification for any purpose whatever. Models or drawing (but not both at the same time) may be withdrawn for correction. If applicants have not preserved copies of such papers as they wish to amend, the office will furnish them on the usual terms. Designs. Patent for a design may be granted to any person, whether citi- zen or alien, upon payment of the duty required by law, and other due proceedings had, as in other cases of inventions or discoveries. 376 PATENT Patents for designs are granted for the term of three and one- half years, or for seven years, or for fourteen years, as the appli- cant may, in his application, elect. The proceedings in applications for patents for designs are sub- stantially the same as in applications for other patents. The speci- fication must distinctly point out the characteristic features of the design, and carefully distinguish between what is old and what is believed to be new. The claims also, when the design admits of it, should be as distinct and specific as in the case of other patents. The following order of arrangement should be observed, when convenient, in framing the specification: (1.) Preamble showing name and residence of the applicant, title of the design, and the name of the article for which the de- sign has been invented. (2.) Detailed description of the design as it appears in the drawing or iihotograph, letters or figures of referen^ being used. (3.) Claim or claims. (4.) Signature of inventor. (5.) Signatures of two witnesses. "When the design can be sufticiently represented by drawings or photographs, a model will not be required. Whenever a photograph or an engraving is employed to illus- trate the design it must be mounted upon Bristol-board, 10 by 15 inches in size, and properly signed and witnessed. The applicant will be required to furnish ten extra copies of such photograph or engraving (not mounted), of a size not exceeding 7^ inches by 11. ISTegatives are not required. Whenever the design is represented by a drawing made to con- form to the rules laid down for drawings of mechanical inventions, but one copy need be furnished. Additional copies will be sup- plied by the photolithographic process at the expense of the patent oflBce. Reissues. A reissue is granted to the original patentee, his legal represen tatives, or the assignees of the entire interest, when, by reason of a defective or insufficient specification, or by reason of the patentee claiming as his invention or discovery more than he had a right to claim as new, the original patent is inoperative or invalid, pro- vided the terror has arisen from inadvertence, accident, or mistake, and without any fraudulent or deceptive intention. In the cases of RIGHTS. 377 patents issued and assiejned prior to July 8, 1870, the applications for reissue may be made by the assignees; but in the cases of pat- ents issued or assigned since that date the applications must be made and the specification sworn to by the inventors, if they be living. The petition for a reissue must be accompanied with a certified copy of the abstract of title, giving the names of all assignees owning any undivided interest in the patent; and in case the appli- cation is made by the inventor, it must be accompanied with the written assent of such assignees. Applicants will be required to file with their petitions fur reissue: " 1st. A statement setting forth particularly the defects or in- sufficiencies in the specification which render the patent inopera- tive or invalid, and in cases where more was claimed and allowed than the applicant was entitled to claim as new, such part or parts must be distinctly pointed out. " 2d. In such statement the applicant must explain how such errors arose, in order that the question of inadvertence, accident, or mistake may be determined. ' ' 3d. The statement must be accompanied with the oath of the applicant that said errors arose without any fraudulent or decep- tive intention. "From the decision of the examiner holding that the statement or oath is insufficient, an appeal may be taken to the commissioner in person." No new matter shall be introduced into the reissue specification, nor in case of a machine shall the model or drawings be amended except each by the other; but when there is neither model nor drawing, amendments may be made upon proof satisfactory to the commissioner that such new matter or amendment was a part of the original invention, and was omitted from the specification by inadvertence, accident, or mistake. The Commissioner may, in his discretion, cause several patents to be issued for distinct and separate parts of the thing patented, upon demand of the applicant, and upon payment of the required fee for each division of such reissued letters patent. Each division of a reissue constitutes the subject of a separate specification de- scriptive of the part or parts of the invention claimed in such division; and the dr?wing may represent only such part or parts. Unless it shall be otherwise ordered by the Commissioner, all 378 PATENT the divisions of a reissue will issue simnltaneously; if there be controversy as to one, the others will be withheld from issue until the controversy is ended, unless he shall otherwise order. In cases of application for reissue, an original claim, if repro- duced in the amended specification, is subject to re-examination, and the entire application will be revised and restricted in the saine manner as original applications. The application for a reissue must be accompanied by a sur- render of the original patent, or, if that is lost, by an affidavit to that efiect. and a certified copy of the patent; but if a reissue be refused, the original patent will, upon request, be returned to the applicant. Matter which is shown and described, and might have been lawfully claimed, in an unexpired patent, but was not claimed by reason of a defect or insufficiency in the specification, arising from inadvertence, accident, or mistake, and without fraud or de- ceptive intent, cannot be subsequently claimed by the patentee in a separate patent but only in a reissue of the original patent. Interferences. An interference is a proceeding instituted for the purpose of de- termining the question of priority of invention between two or more parties claiming substantially the same patentable invention. The fact that one of the parties has already obtained a patent will not prevent an interference; for although the Commissioner has no power to cancel a patent, he may grant a patent for the same invention to another person who proves to be tlie prior inventor. Interferences will be declared in the following cases , when all the parties claim substantially the same patentable invention. (1.) Between two or more original applications. (2.) Between an original application and an unexpired patent, when the applicant, having been rejected on the patent, shall file an affidavit showing that he made the invention before the patentee's application was filed. (3.) Between an original application and an application for the reissue of a patent granted during the pendency of such origi- nal application. (4). Between an original application and a reissue application, when the original applicant shall file an affidavit showing that he made the invention before the patentee's original application was tiled. RIGHTS. 379 (5.) Between two or more applications fur the reissue of patents granted on applications pending at the same time. (6.) Between two or more applications for the reissue of patents granted on applications not pending at the same time, when the applicant for reissue of the later patent shall file an affidavit showing that he made the invention before the application on which the earlier patent was granted was filed. (7.) Between a reissue application and an unexpired patent, if the original applications were pending at the same time, and the reissue applicant shall file an affidavit showing that he made the invention before the original application of the other patentee was filed. (8.) Between an application for reissue of a later unexpired patent and an earlier unexpired patent granted before the original application of the later patent was filed, if the reissue applicant shall file an affidavit showing that he made the invention before the original application of the earlier patent was filed. issue. If, on examination, it shall appear that the applicant is justly entitled to a patent under the law, a notice of allowance will be sent him, calling for the payment of the final fee, upon the receipt of which, within the time fixed by law, the patent will be prepared for issue. After notice of the allowance of an application is given, the case will not be withdrawn from issue except by approval of the Com- missioner, and if withdrawn for further action on the part of the office, a new notice of allowance will be given. When the final fee has been paid upon an application for letters patent, and the case has received its date and number, it will not be withdrawn or sus- pended from issue on account of any mistake or change of purpose of the applicant or his attorney, nor for the purpose of enabling the inventor to procure a foreign patent, nor for any other reason except mistake on the part of this office, or fraud, or illegalitj'^ in the application, or for interference. Date Duration, and Form of Patents. Every patent will bear date as of a day not later than six montns from the time at which the application was passed and allowed and notice thereof was mailed to the applicant or his agent, if within that period the final fee be paid to the Commissioner of 38 PATENT Patents, or if it be paid to the Treasurer, or any of the assistant treasurers or designated depositories of the United States, and the certificate promptly forwarded to the Commissioner of Patents; and if the final fee be not oai ^ within that period, the patent will be withheld. A patent will not be antedated. Every patent will contain a short title of the invention or dis- covery, indicating its nature and object, and a grant to the patentee, his hairs and assigns, for the term of seventeen years, of the ex- clusive right to make, use, and vend the invention or discovery throughout the United States and the Territories thereof. But if the invention shall have been previously patented abroad, the term of the patent will expire with the term of the foreign patent. The duration of a design patent may be for the term of three and a half, seven, or fourteen years. A copy ot the specification and drawings will be annexed to the patent and form part thereof. Delivery. The patent will be delivered or mailed, on the day of its date, to the patentee, unless there be an attorney of record, in which case it will be delivered to him or the patentee, as the attorney may request; but it will not, without a special request to that eftect, be delivered to an associate or substitute attorney. Correction of Errors in Letters Patent. Where a mistake, incurred through the fault of the oflSce, is clearly disclosed by the records or files of the office, a certificate, showing the fact and nature of such mistake, signed by the Secre- tary of the Interior, countersigned by the Commissioner of Patents, and sealed with the seal of the patent office, will, at the request of tlie patentee or his assignee, be indorsed without charge upon the letters patent, and recorded in the records of patents, and a printed copy thereof attached to each printed copy of the specification and drawings. Where a mistake, incurred through the fault of the office, con- stitutes a sufficient legal ground for a reisisue, such reissue will be made, for the correction of such mistake only, without charge of office fees, at the request of the patentee. Mistakes not incurred through tlu; fault ot the office, and not RIGHTS. 381 affording legal grounds for reissues, will not be corrected after the delivery of the letters patent to the patentee or his agent. No changes or corrections will be made in letters patent after the delivery thereof to the patentee or his agent, except as above provided. Abandoned, Forfeited and Renewed Applications. An abandoned application is one which has not been completed and prepared for examination within two years after the filing of the petition, or which the applicant has failed to prosecute within two years after any action therein, of which notice has been duly given or which the applicant has expressly abandoned by filing, in the office, a written declaration of abandonment, signed by him- self, identifying his application by title of invention and date of filing. Prosecution of an application, to save it from abandonment, must include such proper action as the condition of the case may require. Before an application abandoned by failure to complete or prose- cute can be renewed, it must be shown to the satisfaction of the Commissioner that the delay in the prosecution of the same was unavoidable. When a new application is filed in place of an abandoned or rejected application, a new specification, oath, drawing, and fee will be required; but the old model, if suitable, may be used. A forfeited application is one upon which a patent has been with7 held for failure to pay the final fee within the prescribed time. Where the patent has been withheld by reason of non-payment of the final fee, any person, whether inventor or assignee, who has an interest in the invention for which such patent was ordered to issue, may file a new application for the same invention; but such second application must be made within two years after the allow- ance of the original application. Disclaimers. Whenever, through inadvertence, accident, or mistake, and without any fraudulent or deceptive intention, a patentee has claimed more than that of which he was the original or first inventor or discoverer, his patent shall be valid for all that part which is truly and justly his own, provided the same is a material or sub- 382 PATENl' stantial part of the tiling patented; and any such patentee, his heirs or assigns, whether of the whole or any sectional interest therein, may, on payment of the fee required by law, make disclaimer of such parts of the thing patented as he or they shall not choose to claim or to hold by virtue of the patent or assignment, stating therein the extent of his interest in such patent. Such disclaimer shall be in writing, attested by one or more witnesses, and recorded in the patent office, and it shall thereafter be considered as part of the original specification to the extent of the interest possessed by the claimant and by those claiming under him after the record thereof. But no such disclaimer shall affect any action pending at the time of filing the same, except as to the question of un- reasonable neglect or delay in filing it. Such disclaimers must be distinguished from those which are embodied in original or reissue applications, as at first filed or subsequently amended, referring to matter shown or described, but to which the disclaimant does not choose to claim title, and also from those made to avoid the continuance of interferences, which require no fee, but must, like all other disclaimers, be signed by the applicants in person and duly witnessed. Caveats. A caveat, under the patent law, is "a notice given to the office of the caveator's claim as inventor, in order to prevent the grant of a patent to another f )r the same alleged invention upon an applica- tion filed during the life of the caveat without notice to the caveator. Any citizen of the United States who has made a new invention or discovery and desires further time to mature the same, may, on payment of a fee of ten dollars, file in the patent office a caveat setting forth the object and the distinguishing characteristics of the invention, and praying protection of his right until he shall have matured his invention. Such caveat shall be filed in the confidential archives of the office and preserved in secrecy, and shall be operative for the term of one year from the filing thereof. An alien has the same privilege, if he has resided in the United States one year next preceding the filing of his caveat, and has made oath of his intention to become a citizen. The caveat must comprise a specification, oath, and, when the nature of the case admits of it, a drawing, and, like the applica- tion, must be limited to a single invention or improvement. The same particularity of description is not required in a caveat RIGHTS. 383 as in au application for a patent; bvit the caveat must set forth tlie object of the invention and the distinguishing characteristics thereof, and it should be sufficiently precise to enable the office to judge whether there is a probable interference when a subsequent application is filed. If upon examination a caveat be found defect- ive in this respect, amendment will be required. The oath of the caveator must set forth that he is a citizen of the United States, or, if he be an alien, that he has resided for one year last past within the United States, and has made oath of his intention to become a citizen thereof, and that he believes himself the original and first inventor of the art, machine, or improvement set forth in his caveat. When practicable, the caveat should be accompanied by full and accurate drawings, separate from the specification, well executed on tracing muslin or paper that may be folded. If at any time within one year after the filing or renewal of a caveat another person shall file an application with which such Ciiveat would in any manner interfere, and if, within the year, the application shall be found patentable, then such application will be suspended, and notice thereof will be sent to the person filing the caveat, who, if he shall file a complete application within the prescribed time, will be entitled to an interference with the previ- ous application, for the purpose of proving priority of invention, and obtaining the patent, if he be adjudged the prior inventor. The caveator, if he would avail himself of his caveat, must file his application within three months from the expiration of the time regularly required for the transmission to him of the notice deposited in the post-office at Washington; and the day when the time for fil- ing expires will be mentioned in the notice or indorsed thereon. The caveator will not be entitled to notice of any application pending at the time of filing his caveat, nor of any application filed after the expiration of one year from the date of the filing or renewal thereof. The caveat may be renewed by the payment of a second caveat fee of ten dollars, and it will continue in force for one year from the date of the payment of such second fee. Subse- quent renewals may be made with like effect. If a caveat be not renewed, it will still be preserved in the secret archives of the office. A. caveat confers no rights and affords no protection except as to notice of an interfering application filed during its life, giving the 384 PATENT caveator the opportunity of proving priority of invention if he so desires. There is no provision of law making the caveat assignable, although the alleged invention therein set forth is assignable, and the caveat may be used as means of identifying the invention transferred in an assignment. Caveat papers cannot be withdrawn from the office after they have once been filed; but copies of the papers may be obtained at the usual rates by the caveator or any person duly authorized by him. Additional papers, if containing new matter, must be filed as a separate caveat with another fee. , Assignments. Every patent, or any interest therein, shall be assignable in law by an instrument in writing ; and the patentee or his assigns or legal representative may, in like manner, grant and convey an exclusive right under his patent to the whole or any specified part of the United States. Interests in patents may be vested in assignees, in grantees of exclusive sectional rights and mortgagees, and in licensees. (1.) An assignee is a transferee of the whole interest of the original patent, or of an undivided part of such whole interest, extending to every portion of the United States. The assignment must be written or printed and duly signed. (2.) A grantee acquires by the grant the exclusive right, under the patent, to make and use, and to grant to others the right to make and use, the thing patented, within and throughout some specified part of the United States, excluding the patentee there- from. The grant must be written or printed and duly signed. (3. ) A mortgage must be written or printed and duly signed. (4.) A licensee takes an interest less than or different from either of the others. A license may be oral, or written or printed and duly signed. An assignment, grant, or conveyance will be void as against any subsequent ])urchaser or mortgagee for a valuable consideration, without notice, unless recorded in the patent office within three months from the date thereof. No instrument will be recorded which does not, in the judgment of the commissioner, amount to an assignment, grant, mortgage, lien, encumbrance, or license, or afffect the title of the patent or invention to which it relates. aiGUTS. 385 Assignments which are made conditional on the performance of certain stipulations, as the payment of money, if recorded in the office, are regarded as absolute assignments, until canceled with the written consent of both parties, or by the decree of a compe- tent court. The office has no means of determining whether such conditions have been fulfilled. In every case where it is desired that the patent shall issue to an assignee, the assignment must be recorded in tlie patent office at a date not later than the day on which the final fee is paid. The date of the record is the date of the receipt of the assignment at the office. The receipt ot assignments is not generally acknowledged by the office. They are recorded in regular order as promptly as pos- sible, and then transmitted to the persons entitled to them. Office Fees. Nearly all the fees payable to the patent office are positively re- quired by law to be paid in advance — that is, upon making appli- cation for any action by the office for which a fee is payable. For the sake of uniformity and convenience, the remaining fees will be required to be paid in the same manner: The following is the schedule of fees: On tiling every application for a design patent $10 00 On issuing a design patent for three years and six months no further charge. On issuing a design patent for seven years 5 00 On issuing a design patent for fourteen years 20 00 On filing every caveat 10 00 On filing every application for a patent for an invention or discovery 15 00 On issuing each original patent for an invention or dis- covery 20 00 On filing a disclaimer 10 00 On filing every application for a reissue 30 00 On filing every application for a division of a reissue .... 30 00 On filing every application for an extension 50 00 On the grant of every extension 50 00 On filing an appeal from a primary examiner to the exami- ners-in-chief 10 00 On filing an appeal to the Commissioner from the exami- ners-in-chief 20 00 25 386 PATENT For certified copies of patents or other instruments, except copies of printed patents sold by the office, for every 100 words 10 For certified copies of printed patents sold by the office, 10 cents for every 100 words, less the price actually paid for such copies without certification. For certified copies of drawings, the reasonable cost of making them. For recording an assignment of 300 words or less 1 00 For recording an assignment of more than 300 and not more than 1,000 words .,.....„ . 2 00 For recording every assignment of more than 1,000 words. $3 00 For uncertified copies of the specifications and accompany- ing drawings of all patents which are in print: Single copies 25 Twenty copies or more, whether of one or several patents, per copy^' 10 For uncertified copies of the specifications and drawings of patents not in print, the reasonable cost of making the same. For copies of matter in any foreign language, per 100 words o • 20 For translations, per 100 words 50 For assistance to attorneys in examination of records, one hour or less 50 Each additional hour 50 For assistance to attorneys in examination of patents and other works in the Scientific Library, one hour or less ... 1 00 Each additional hour 1 00 An order for a copy of an assignment must give the liber and page of the record, as well as the name of the inventor; otherwise an extra charge will be made for the time consumed in making any search for such|assignment. *NoTE. — For the convenience of the office and of persons desiring printed copies of specifications and drawings, blank orders, or " coupons," have been prepared, winch will be sold, on application to the chief clerk, at the Bate of 10 cents each in lots of 20 or more. Stub-books containing 50 or 100 such orders, can be furnished at the same rate, and the orders printed on postal cards at the same rate plus the cost of the cards. These orders, whenever presented properly filled up, are good for one copy each of the specification and drawings of any United States patent issued since November 20, 1866 , or for a copy of the drawing of any United States patent from the earliest dates. Prior to the date given, the specifications were not printed. RIGHTS. 387 No person will be allowed to make copies or tracings from the files or records of the office. Such copies will be furnished, wlieii ordered, at the rates already specified. The money required for office fees may be paid to the Commis- sioner, or to the Treasurer, or any of the assistant treasurers of the United States, or to any of the designated depositories, national banks, or receivers of public money, designated by the Secretary of the Treasury for that purpose, who shall give the depositor a receipt or certificate of deposit therefor, which shall be trans- mitted to the patent office When this cannot be done without much inconvenience, the money may be remitted by mail, and in every such case the letter should state the exact amount inclosed. Letters containing money may be registered. Post-office money- orders now afford a safe and convenient mode of transmitting fees. All such orders should be made payable to the '• Commissioner of Patents." The weekly issue will close on Thursday, and the patents of that issue will bear date as of the third Tuesday thereafter. If the final fee in any application is not paid on or before Thursday, the patent will not go to issue until the following week Ail money sent by mail, either to or from the patent office, will be at the risk of the sender. In no case should money be sent in- closed with models. All payments to or by the office must be made in specie, treasury notes, national bank notes, certificates of deposit, or post-office money-orders. Sepayment of Money. Money paid by actual mistake, such as a payment in excess, or when not required by law, or by neglect or misinformation on the part of the office, will be refunded; but a mere change of purpose after the payment of money, as when a party desires to withdraw his application for a patent, or for the registration of a trade-mark, or an appeal, will not entitle a party to demand such a return. PATENT OFFICE. PETITIONS. 1. By a Sole Inventor. To the Commissioner of Patents: Your petitioner, A B, a citizen of the United States residing at S, in the county of M, and State of N (or subject, etc.\ prays that 388 PATENT letters patent be granted to him for the improvement in sewing- machines set forth in the annexed specification. AB. 2. By Joint Inventors, To the Commissioner of Patents: Your petitioners, A B and C D, citizens of the United States, residing respectively at L, in the county of M, and State of JST, and at G, in the county of H, and State of I (or subject, etc.), pray that letters patent may be granted to them, as joint inventors, for the improvement in washing-machines set forth in the annexed specification. A B, CD. 3. By an Inventor for Himself and an Assignee. To the Comifhissioner of Patents: Your petitioner, A B, a citizen of the United States residing at L, in the county of M, and State of 1^ (or subject, etc.), prays that letters patent may be granted to himself and C D, a citizen of the United States residing at L, in the county of M, and State of N, as his assignee, for the improvement in printing-presses set forth in the annexed specification. AB. 4. Petition With Power of Attorney. To the Com/missionefr of Patents: Your petitioner, A B, a citizen of the United States residing at L, in the county of M, and State of N (or subject, etc.), prays that letters patent may be granted to him for the improvement in lamps set forth in the annexed specification, and he hereby appoints C D,*of the city of R, State of S, his attorney; witli full power of substitution and revocation, to prosecute this application, to make alterations and amendments therein, to receive the patent, and to transact all business in the patent ofiice connected therewith. A B. *If the power of attorney is to a firm, the name of each member of the firm must be given In full. 6. By an Administrator. To the CorrtTnissioner of Patents: Your petitioner, A B, a citizen of the United States residing at L, in the county of M, and State of N (or subject, etc.), adminis- FORMS. 389 trator of the estate of C D, late a citizen of S, deceased {as bj reference to the duly certified copy of letters of administration, hereto annexed, will more fully appear), prays that letters patent may be granted to him for the invention of the said C D (improve- ment in fire-hose) set forth in the annexed specification. A B, Administrator^ etc. 6. By an Executor. To the Commissioner of Patents: Your petitioner, A B, a citizen of the United States residing at L, in the county of M, and State of N (or subject, etc.), executor of the last will and testament of C D, late a citizen of S, deceased (as by reference to the duly certified copy of letters testamentary, hereto annexed, will more fully appear), prays that letters patent maybe granted to him for his invention of the said C D (improve- ment in churns), set forth in the annexed specification. . A B, Executm\ ets. 7. For a Reissue (by the Inventor), To the Com,missimie7' of Patents: Your petitioner, A B, a citizen of the United States residing at L, in the county of M, and -State of N (or subject, etc.), prays that he may be allowed to surrender the letters patent for an improve- ment in coal-scuttles, granted to him May 16, 1867, whereof he is now sole owner (or whereof C D, on whose behalf and with whose assent this application is made, is now sole owner, by assignment), and that letters patent may be reissued to him (or the said C D) for the same invention, upon the annexed amended specification. With this petition is filed an abstract of title, duly certified, as re- quired in such cases. AB. Assent of Assignee to Reissue. The undersigned, assignee of the entire (or of an undivided) in- terest in the above mentioned letters natent, hereby assents to the accompanying application. CD. 8. For a Reissue (by Assignee). [To be used only when the inventor is dead or the oriecinal patent was issued and assigned prior to July 8, 1870.] To the Commissioner of Patents : Your petitioners, A B, a citizen of the United States residing at L, m the county of M, and State of T^ (or subject, etc.), and C D, 390 PATENT a citizen of the United States residing at H, in the county of L, and State of K (or subject, etc.), pray that tliey may be allowed to surrender the letters patent for an improvement in coal-scuttles, granted May 16, 1867, to E F, now deceased, whereof they are now owners, by assignment, of the entire interest, and that the letters patent may be reissued to them for the same invention, upon the annexed amended specification. With this petition is filed an abstract of title (or aa order for making and filing the same etc.). A B. 9. For Letters Patent for a Design. To the Commissioner of Patents: Your petitioner, A B, a citizen ot the United States residing at L, in the county of M, and State of IST (or subject, etc.), prays that letters patent may be granted to him for the term of three and one-half years (or seven years, or fourteen years)* for the new and original design for carpets set forth in the annexed specification. A B. 10. Caveat. The petition of A B, a citizen of the United States residing at L, in the county of M, and State of JST (or subject, etc.), repre- sents : That he has made certain improvements in cotton-gins, and that he is now engaged in making experiments for the purpose of per- fecting the same, preparatory to applying for letters patent there- for. He therefore prays that the subjoined des^cription of his invention may be filed as a caveat in the confidential archives of the patent office. A B. 11. For the Renewal of a Forfeited Application. To the Commissioner of Patents: Your petitioner, A B, a citizen of the United States residing at L, in the county of M, and State of N (or subject, etc.), represents that on May 8, 1868, he filed an application for letters patent for an improvement in fences, serial number 885, which application was allowed July 7, 1868, but that he make payment of the final fee within the time allowed by law. He now makes renewed ap- plication for letters patent for said invention, and prays that the original specification, oath, drawings, and model may be used as a part of this application. J\. -ts. *Sec. 4931 R. S. requires the election to be made in the original application. FORMS. 391 SPECIFICATIONS. 12. For an. Art or Process. To ail whom it mxty concern: Be it known that T, A B, a citizen of the United States residing at L, in the county of M, and State of N (or subject etc.), have invented certain new and useful improvements in purifying and increasing the illuminating power of gas without appreciable loss of bulk (for which 1 have received letters patent in England, No. 750, date'd July 6, 1878^); and I do hereby declare that the following is a full, clear, and exact description of the invention, which will enable others skilled in the art to which it appertains to make and use the same. Heretofore gas has been purified by passing it through animal charcoal ; but when this is used alone, after a short time it loses its power of absorbing impurities, and must then be washed with steam or water, or have atmospheric air blown throucrh it, or be revivified by heat. Used alone, animal charcoal also reduces the candle-power of the gas passed through it and diminishes its bulk. The object of my invention is thoroughly to purify illuminating gas, to make the operation continuous, atid to purify the gas without detracting from its illuminating power, and without caus- ing any appreciable diminution in bulk ; and to this end my invention consists in increasing the power of animal charcoal to eliminate from illuminating gas those substances which are con- sidered impurities, in charging the charcoal with a substance which will prevent it from depriving the gas of illuminants, and in passing the gas to be purified with atmospheric air through the animal charcoal. To carry my invention into eftect, I moisten the charcoal (which may be either new or spent) with coal-tar, or with coal-tar and water, or in some cases with water only, and then charge this mass into one or more vessels, which then constitute the purifiers. I may put the mass into the vessels while still wet, or, unless water is used, after it has dried. Through these vessels the gas is to pass; but before it is admitted I introduce into it at the retorts, or at the stand-pipe or mains beyond, in order to insure a thorough admixture, a small quantity of atmospheric air — say, from eight tenths to two and a half per cent, of the bulk of the gas to be purified. The quantity of air will depend directly upon the impurities of the gas. Any suitable mixing device for thoroughly mixing the admitted air with the gas may be located at any point in the mains between the retorts and the bone-black purifers, or even at the point of admission to the purifier. For water-gas the charcoal wet with water alone will suffice, air being introduced into the gas. *If no foreign patent has been obtained, the words in parenthesis should be omitted 392 PATENT The oxygen of the air partly unites with the sulphur to form soluble salts, and the rest cembines totally with the hydrogen of the sulphureted and other hydrogen sulphur compounds to form water, and part of the sulphur of the sulphureted hydrogen and other sulphur compounds is precipitated in a free state in the char- coal, while its nitrogen partly goes to form, with part of the re- maining hydrogen, ammonia bases. No free oxygen passes off with the purified gas, while if any nitrogen goes over, the quantity is so small that it is not detrimental. By the application of air in this manner the process is rendered continuous, as the charcoal is kept constantly active for a great length of time. When the absorbing power of the charcoal finally becomes ex- hausted, it may either be sold for the valuable ammoniacal salts it contains, or it may be revivified, or be washed and freed from sulphur by a suitable sulphur solvent for re-use. By charging the bone-black with coal-tar, I prevent it from tak- » ing out of the gas any olefiant gas or other heavy hydrocarbons serving as illuminants. I may treat the black, either before or after putting it into the vessels, as may be most convenient or suitable, with any substance correlative to the illuminants of the gas — that is, with any sub- stance which will impregnate the black in such a manner that it will not take up such illuminants. I have particularly described coal-tar because that is most readily at hand; but its hydrocarbon distillates or the benzole series will answer. In the case of coal-gas, not ordy is the sulphureted hydrogen with which it is contaminated taken up, as just described, but the illuminating power of the gas, which is somewhat reduced if passed through dry animal charcoal or bone-black, is not decreased when air is used and the animal charcoal or bone-black is wet with tar, but is actually improved, inasnnich as it gives a whiter flame, ot the same candle-power as the gas not passed through animal char- coal or hone -black at all. By the old method, when purification was effected by the use of lime, the sulpliureted hydrogen and carbonic acid were absorbed by tlie lime, and the result was, of course, a loss of the original bulk of the gas. Now, by my process the sulphur and hydrogen are separated, the sulphur remaining in the charcoal and the hydrogen passing through with the gas wlnle the carbonic acid passes through entire; and although it passes through unchanged, ^it is sufficiently carbureted not to detract from the illuminating power of the gas. I tlms have ])ractically the same bulk of gas after purification as before this operation, and loss is prevented without detriment to the consumer. A striking advantage of my process is, that it unites the scrub- bing and purifying operations, for the gas may be passed directly from tlie condenser into my purifiers. To eliminate sulphureted hydrogen, 1 may also mix wirli the cliarcoal a substance whicli will of itself decompose sulphureted FOKM8. 393 hydrogen contained in gas, such as oxide of iron, tin, manganese ore, etc. When the gas issues from my purifiers it is entirely free from ammoniacal and sulphur compounds, and is nearly inodorous. When the charcoal is removed from the purifiers it is also inodorous, and is in no sense ofiensive and disgusting like gas- lime. Having fully described my invention, what I desire to claim, and secure by letters patent is — 1. In the purification of illuminating gas by means of animal charcoal, the process of preventing absorption of illuminauts of the gas by the charcoal, which consists in supplying the charcoal with a suitable correlative to such illurainants, as described. 2. The process of purifying illuminating gas, which consists in mixing the same with air and then passing it through animal char- coal impregnated with coal-tar, all substantially as described. AB. Witnesses: PG, J D. 13. For a Machine, To all vihom it may concern: Be it known that I, A B, a citizen of the United States residing at L, in the county of M, and State of N (or subject, etc.), have invented a new and useful meat-chopping machine (for which I have obtained a patent in Great Britian, No. 870, bearing date June 24, 1878), of which the following is a specification: My invention relates to improvements in meat-chopping machines in which vertically reciprocating knives operate in conjunction with a rotating chopping-block ; and the objects of my improve- ments are, first. To provide a continuously lubricated bearing for the block; second, To afford facilities for the proper adjustment of the knives independently of each other in respect to the face of the block; and, third, To reduce the friction of the reciprocating rod which carries the knives. L attain these objects by the mechanism illustrated in the accom- panying drawing, in which — Figure 1 is a vertical section of the entire machine; Fig. 2, a top view of the machine as it appears after the removal of the chop- ping-block and knives; Fig. 3, a vertical section of a part of the machine on the line 1, 2 (Fig. 2), and Fig. 4 a detailed view in perspective of the reciprocating cross-head and its knives. Similar letters refer to similar parts throughout the several views. The table or plate A, its legs or standards B B, and the hanger a, secured to the under side of the table, constitute the frame- work 394 PATENT of the machine. In the hanger a turns the shaft D, carrying a fly-wheel, E, a crank-pin on the hub of which is connected by a link, J, to a pin passing through a cross-head, G, and to the latter is secured a rod, H, having at its upper end cross-head, I, carry- ing the adjustable chopping-knives d d^ referred to hereafter. The cross-head G, reciprocated by the shaft D, is provided with anti-friction rollers e e, adapted to guides,//, secured to the under side of the table A, so that the reciprocation of this cross-head may be accompanied with as little friction as possible. To the underside of a wooden chopping-block, J, is secured an annular rib, A, adapted to and bearing in an annual groove, % in the table A. (See Fig. 2.) This annular groove or channel is not of the same depth throughout, but communicates at one or more points (two in the present instance), with pockets or receptacles j j^ deeper than the groove and containing supplies of oil, in contact with which the rib h rotates so that the continuous lubrication of the groove and rib is assured. The rod H passes through and is guided by a central stand K, secured to the table A, and project- ing through a central opening in the chopping-block without being in contact therewith, the upper portion of the said stand being contained within a cover, ^, which is secured to the block, and which prevents particles of meat from escaping through tlie central opening of the same. The cross-head I, previously referred to, and shown in perspect- ive in Fig. 4, is verticUy adjustable on the rod H, and can be retained after adjustment by a set-screw, .», the upper end of the rod being threaded for the reception of nuts, which resist the shocks imparted to the cross-head when the knives are brought into violent contact with the meat on the chopping-block. The knives d d are adjustable independently of each other and of the said cross-head, so that the coincidence of the cutting-edge of each knife with the face of the chopping-block may always be assured. I prefer to carry out this feature of my invention in the manner shown in Fig. 4, where it will be seen that two screw-rods, m m, rise vertically from the back of each knife and pass through lugs nn^ on the cross-head, each rod being furnished with two nuts, one above and the other below the lug through which it passes. The most accurate adjustment of the knives can be effected by the ma- nipulation of these nuts. A circular casing, /?, is secured to the chopping-block so as to form on the same a trough, P, for keeping the meat within proper bounds; and on the edge of the annular rib A, t^ecured to the bot- tom of the block, are teeth for receiving those of a pinion, q^ which may be driven by the shaft D, through the medium of any suitable system of gearing, that shown in the drawing forming no part of my present invention. This shaft D maybe driven by a belt passing around the pulleys 5, or it may be driven by hand from a shaft, W, furnished at one FORMS. 395 end with a handle, t^ and at the other with a cog-wheel. R, gearing into a pinion on the said shaft D. A platform, T, may be hinged as at-?/^ to one edge of the table A to support a vessel in which the chopped meat can be deposited. The means by which it maybe supported, and the most convenient method of disposing of it when not in use, are shown in Fig. 1. I am aware that, prior to my invention, meat-chopping ma- chines have been made with vertically reciprocating knives, oper- ating in conjunction with rotating chopping-blocks. I, therefore, do not claim such a combination broadly, but what I do claim as my invention, and desire to secure by letters patent, is: 1. The combination in a meat-chopping machine of a rotary chopping-block having an annular rib, A, with a table or plate having an annular recess, i, and a pocket or pockets, j^ communi- cating with the said recess, all substantially as set forth. 2. In a meat-chopping machine the combination of a rotary chopping-block with a reciprocating cross-head carrying knives d d, each of which is vertically adjustable on the said cross head in- dependently of the other, substantially as described. 3. The knife d having two screw-rods, vi m^ attached to its back, substantially as shown, for the purpose specified. 4. The combination in a meat-chopping machine of the recipro- cating rod H, carrying the knives d d, the cross-head secured to the said rod and having anti-friction rollers c e^ with guides ff^ adapted to the said rollers, all substantially as set forth. AB. Witnesses: CD, EF. 14. For a Composition of Matter. 2o alt whom it may concern: Be it known that I, A B, a citizen of the United States residing at L, in the county of M, and State of N (or subject, etc.), have invented a new and useful composition of matter to be used for the removal of hair and grease from hides preparatory to tanning, of which the following is a sfJecification : My composition consists of the following ingredients, combined in the proportions stated, viz. : Pure water , . , 500 gallons. Unslacked lime 32 gallons. Soda-ash , 100 pounds. Saltpeter 20 pounds. Flowers of sulphur 10 pounds. These ingredients are to be thoroughly mingled by agitation. In using the above-named composition the hides should first be 396 PATENT freed from all salt and impurities, by soaking green hides one day and dry hides eight days, and then placing the hides so cleaned in the said solution, and allowing them to remain in it 48 hours. The hides are tlien to be removed from the solution and unhaired in the usual way. By the use of the above composition the hair is speedily and thoroughly loosened, and the hides, while retaming all of that portion of the substance which can be converted into leather, are at the same time entirely cleaned from grease and other substances which would prevent them from being tanned quickly. I am aware that a composition consisting of soda-ash, water, lime, and sulphur has been used for the same purpose, and that a patent therefor was granted to C D, July 10, 1875, No. 95,726. I am also aware that saltpeter has been used in depilatory proces- ses; but I am not aware that all of the ingredients of my composi- tion, in the proportions stated, have been used together. What I claim, and desire to secure by letters patent of the United States, is — The herein described composition of matter to be used for depi- lating hides and preparing them for being tanned, consisting of water, unslacked lime, soda ash, saltpeter, and flowers of sulphur, in the proportions specified. Witnesses: CD, EF. 15. For a Design. To all whom it may Gonoern : Be it known that I, A B, a citizen of the United States residing atL, in the county of M, and State of N (or subject, etc.), have invented, and produced a new and original design for watch-cases or lockets, of which the following is a specification, reference being had to the accompanying drawings, forming part thereof. Figure 1 is a sectional view of my newly designed case. Fig. 2 a side elevation of same, and Fig 3 an edge view, these three views being deemed necessary to fully illustrate my design. Heretolore watch-cases and lockets have been made which presented, when viewed in elevation, as in Fig. 2, a scalloped out- line or periphery, some being made to imitate shells. In these the scallops extend entirely across from lid to lid, and in a watch- case the center which holds the movements is also scalloped to correspond. The leu dins feature of my design consists in a raised or " struck up " scalloped surlace, the outlines of which, when viewed in elevation, as in Fig. 2, will fall entirely within the circular outline or circumference of the center. FORMS. 397 A is the center of the case, which is circular in its general con- tour, and B B are the lids. These are also circular in their outer contour, where they join the center, but have scallops C C C formed in some way upon them, substantially as represented in the several figures. The indented outline of the scalloped surface falls within the outer contour-line of the case, thus presenting to the eye the combined effect of a smooth circular outline or center and an indented or scalloped outline within it. I claim — 1. The design for a watch-case or locket herein shown and described, the same consisting of the raised scallops C C C on the lid, forming an indented outline wholly within the circular outline of the edge of the lid and the center A. 2. The design for a watch-case or locket herein shown 'and described, the same consisting of a circular lid, B, having a con- nected series of raised scallops, C C C, the contour ot the same being entirely within the contour of the lid. AB. Witnesses: CD, EF. 16. For a Caveat. To the Cormnissioner of Patents : Be it known that I, A B, a citizen of the United States residing at L, in the county of M, and State of N (or subject, etc.), hav- ing invented an improvement in velocipedes, and desiring iurther to mature the same, file this my caveat therefor, and pray protec- tion of my right until I shall have matured my invention. The following is a description of my newly invented velocipede, which is as full, clear, and exact as I am able at this time to give, reference being had to the drawing liereto annexed. This invention relates to that class of velocipedes in which there are two wheels connected by a beam forming a saddle for the rider, the feet being applied to cranks that revolve the front wheel. The object of my invention is to render it unnecessary to turn the front wheel so much as heretofore, and at the same time to facilitate the turning of sharp curves, This I accomplish by fitting the front and the hind wheels on vertical pivots, and connecting them by means of a diagonal bar, as shown in the drawing, so that the turning of the front wheel also turns the back wheel with a position at an angle with the beams, thereby enabling it easily to turn a curve. In the drawing, A is the front wheel, B the hind wheel, and C the standards extending from the axle of the front wheel to the vertical pivot E, in the beam F. and D is the cross-bar upon the 398 . PATENT end of E, hj which the steering is done. The hind wheel B is also fitted with iaws G and a vertical pivot H. •" AB. Witnesses: CD, EF. OATHS. 17. By an Inventor (to follow Specification). State of County of ss. -, the above-named petitioner , citizen of and resident of , in the county of and State of , being duly sworn (or affirmed), depose and say that ^ verily believe 3 to be the original, first, and * inventor of the improve- ment in ^ described and claimed in the foregoing specification; that the same has not been patented to* , or to others with 7__ — knowledge or consent, except in the following countries^ that the same has not to^ knowledge been in public use or on sale in the United States for more than two years prior to this application, and ^° do not know and do not believe that the same was ever known or used prior to " invention thereof. (Inventor's fnll name) . Sworn to and subscribed before me this day of 18 — . [l. s.] (Signature of justice or notary) (Official character) • . If the applicant be an alien, the oath will show of what foreign state or sovereign he is a citizen or subject. 1. If the applicant be an alien, lie will state of what foreign or sovereign state he is a citizen or subject. 2. " He " or " they." 3. "Himself" or "themselves." 4. "Sole" or "joint.'' 5. Insert title of invention. 6. "Himself" or "themselves." 7. " His" or "their." 8. Here insert, if previously patented, the country or countries in which it has been so patented, giving the date and number of each patent. If not previously patented, erase the words, "except in the following countries" and insert the words " in any country." 9. "His" or "their." 10. "He" or "they." 11. " His" or "their." FORMSi. 399 If the applicants claim to be joint inventor^., the oath will show ''that they verily believe themselves to be the original, first, and joint inventors," etc. If the inventor be dead, the oath will be made by the adminis- trator or executor, who will declare his belief that the party named as inventor was the original and first inventor. 19. By an Applicant for a Reissue (Inventor). State of I, ) g County of K. f A B, the above-named petitioner, being duly sworn (or affirmed) deposes and says that he verily believes that his aforesaid letters patent are inoperative (or invalid, or both) by reason of a defective (or insufficient) specification (or both, or by reason of the patentee claiming as his own invention or discovery more than he had a right to claim as new) and that the error arose by inadvertence (accident or mistake), without any fraudulent or deceptive intent; that he is the sole owner of said letters patent (or, that E F is the sole owner of said letters patent, and that this application is made on the behalf and with the consent of said E F), and that he verily believes himself to be the first and original inventor of the improvement set forth and claimed in this amended specification, and does not believe that the same was ever before known or used. A B. Sworn to and subscribed before me this day of , A. D. 188—. C D. [Title of offlce.J 20. By an Applicant for a Reissue (Assignee). To be used only when the inventor is dead or in cases ot patents issued and assigned prior to July 8, 1870: State of I, [ County of K. f ®^- A B and C D, the above-named petitioners, being duly sworn (or affirmed), depose and say that they verily believe that the aforesaid letters patent granted to E F, are (here follows Form 19, mutatis mutandis)-^ that the entire title to said letters patent is vested in them; and that they verily believe the said E F to be the first and original inventor of the invention set forth and claimed 400 »ATENT in the foregoing amended specification ; and that the said E F is now deceased. A B, C D. Bwom to and subscribed before me, this 14th day of November, 18 — . A B. [Title of office.] 21. Supplemental Oath to Accompany a Ne"w or an En- larged Claim. State of I, ) County of K. f ^''• A B, whose application for letters patent for an improvement in seed drills (Serial Number 4526) was filed in the United States Patent-Office on or about the 15th day of March, 1869, being duly sworn (or affirmed), deposes and says that he verily believes him- self to be the original and first inventor of the improvement as described and claimed in the foregoing amendment, in addition to that which was embraced in the claims originally made, and that he does not know and does not believe that the same was ever before known or used, and that the matter sought to be inserted formed a part of his original invention at the date of filing said application. A B. Sworn to and subscribed before me, this 11th day of July, 1870. C D. [Official title.] 32. Oath as to the Loss of Iietters Patent. State of I, ) g County of K. j A B, of said county, being duly sworn (or affirmed), doth de- pose and say that the letters patent No. 12,213, granted to him, and bearing date on the 9th day of January, a. d. 1855, have been either lost or destroyed; that he has made diligent search for the said letters patent in all places where the same would probably be found, if existing, and that he has not been able to find them. ^ A B. Bubscribed and sworn to before me, this fifth day of October, 1878. C D. [Official title.1 FOKMS. 401 23. Oath of Administrator as to the Loss of Letters Patent. State of I, ) County of K. f ^^• A B, of said county, being duly sworn, doth depose and say that he is administrator of the estate of E F, deceased, late of L, in said county; that the letters patent No. 12,219, granted to said E F, and bearing date of the 9th day of January, a. d. 1855, have been lost or destroyed, as he verily believes; that he has made diligent search for the said letters patent in all places where the same would probably be found, if existing, and especially among the papers of the decedent, and that he has not been able to find said letters patent. AB, Adnnin'istrator^ etc. Subscribed and sworn to before me, this fifth day of October, 1878. C D. [Official title.l 24. Power of Attorney after Application Filed. If the power of attbrney be given at any time other tlian that of making application for letters patent, it will be in substantially the following form: To the Commissioner of Patents: The undersigned having, on or about the 20th day of July, 1869, made application for letters patent for an improvement in horse- powers (serial number 982), hereby appoints C D, of L, in the county of M, and State of N^ his attorney, with full power of sub- stitution and revocation, to prosecu-te said application, to make alterations and amendments therein, to receive the patent, and to transact all business in the patent office connected therewith. Signed at L, in the county of M, State of N, this 6th day of June. 1879. A B. 25. Revocation of Power of Attorney. To the Commissioner of Patents: The undersigned having, on or about the 26th day of December, -867, appointed C D, of L, in the county of M, and State of N, his attorney to prosecute an application for letters patent, which appli- cation was filed on or about the 1st day of June, 1868, for an im- 26 .7 5 5 402 PATENT provement in the running gear of wagons (serial aumber 870), hereby revokes the power of attorney then given. Signed at L, in the county of M, and State of N, this 21st day of July, 1869. AB. 26. Amendment.* To the Commissioner of Patents: In the matter of my application for letters patent for an im- provement in sewing-machines, tiled May 1, 1879 (serial number 540), I hereby amend my specification as follows: Bj striking out all between the 5th and 20th lines, inclusive, of page 3; By inserting the words connected loith after the word " and " in the Isfc line of the 2d claim; and By striking out the 3d claim, and substituting therefor the fol- lowing: "3. The combination, with the driving-shaft, the needle-bar, and mechanism for reciprocating the same, of the shuttle-carrier, the shuttle-lever, and a cam carried by the driving- shaft, whereby the proper reciprocating movement is imparted to the shuttle- carrier, and the needle-bar is caused to operate in unison there- with, substantially as described." Signed at L, in the county of M, and State of N. AB, His Attorney in fact. DISCLAIMERS. 37. Disclaimer after Patent. To the Commissioner of Patents : Your petitioner, A B, a citizen of the United States, residing at L, in the county of M, and State ^ of N (or subject, etc.), rep- resents that in the matter ol a certain improvement in printing presses, for which letters patent of the United States No. 75,000 were granted to C D, on the 12th day of June, 1879, he is (here state tljc exact interest of the disclaimant; if assignee, set out liber * Note. — In the preparation of all amendments a separate paragraph should be devoted to each distinct erasure or insertion, in order to aid the office in making the entry of the amendment into the case to which it pertains. FORMS. 403 and page where assignment is recorded), and that he has reason to believe that, through inadvertence (accident or mistake), the speci- iication and claim of said letters patent are too broad, including that of which said patentee was not the first inventor. Your peti- tioner, therefore, liereby enters his disclaimer to that part of the claim in said specification which is in the following words, to wit: "I also claim the sleeves A B, having each a friction cam, C, and connected, respectively, by means of chains or cords K L and M N, with an oscillatory lever, to operate substantially as herein shown and described." AB. Witness : CD. 28. Disclaimer During Interference. INTERFERENCE. A B, ) vs. ]■ Before the examiner of interferences. C D. ) Subject-matter : Sewing-machines. To the Commissioner of Patents: Sir — In the matter of the interference above noted, under the provisions of and for the purpose set forth, I disclaim (set forth the matter as given in declaration of interference), as I am not the first inventor thereof, and Therewith transmit an amendment to my application (serial number 1556), for the purpose of having the above disclaimer embodied as part of my specification. Signed at L, in the county of M, and State of N, this 15th day of June, 1879. A B. Witnesses : EF, GH. ASSIGNMENTS. 37. Of an Entire Interest in an Invention Before the Is- sue of Letters Patent. Whereas I, A B, of L, county of M, State of N", have invented a certain new and useful improvement in harvesters (giving title of the same), for which I am about to make application for letters patent of the United States ; and whereas G D, of R, county of S, 404 PATENT State of N, is desirous of acquiring an interest in said invention, and in the letters patent to be obtained therefor : N^ow, therefore, to all whom it may concern, be it known that, for and in consideration of the sum of five thousand dollars to me in hand paid, the receipt of v/hich is hereby acknowledged, 1, the said A B, have sold, assigned, and transferred, and by these presents do sell, assign, and transfer unto the said G D, the full and exclusive right to the said invention, as fully set forth and described in the specification prepared and executed by me pre- paratory to obtaining letters patent of the United States therefor; and I do hereby authorize and request the Commissioner of Patents to issue the said letters patent to the said G D, as the assignee of my entire right, title, and interest in and to the same, for the sole use and behoof of the said G D. and his legal representatives. In testimony whereof I have hereunto set my hand and aflixed my seal this 4th day of May, a. d. 1879. A B. [seal.] In ])re8ence of — O P, S T. 38. Of the Entire Interest in Letters Patent. Whereas I, A B, of L, county of M, State of N, did obtain let- ters patent of the United States for an improvement in car-wheels, which letters patent are numbered 95,000, and bear date the 5th day of June, in the year one thousand eight hundred and sixty-nine; and whereas I am now the sole owner of said patent and of all rights under the same; and whereas E F, of R, county of S, State of N, is desirous of acquiring the entire interest in the same: Now, therefore, to all whom it may concern, be it known that, for and in consideration of the sum of five thousand dollars to me in hand paid, the receipt of which is hereby acknowledged, I, the said C D, have sold, assigned, and transferred, and by these presents do sell, assign, and transfer unto the said E F, the whole right, title, and interest in and to the said improvement in car- wheels, and in and to the letters patent therefor aforesaid; the same to be held and enjoyed by the said E. F, for his own use and behoof, and for the use and behoof of his legal representatives, to the full end of the term for which said letters patent are or may be granted (thus including extension), as fully and entirely as the same would have been held and enjoyed by me had this assign- ment and sale not been made. In testimony whereof I have hereunto set my hand and affixed my seal at L, in the county of M, and State of N, tliis 25tli day of July, A. T). 1878. A B. [seal.) In presence of— N P, OT. FORMS. 405 39. Of an Undivided Interest in Letters Patent. Whekeas, I, A B, of L. county of M, State of N, did obtain letters patent of the United States for an improvement in hay- rakes, which letters patent are numbered 89, 920, and bear date the 3d day of August, in the year one thousand eight hundred and sixty; and whereas, C D, of II, county of S State of N, is desir- ous of acquiring an interest in tlie same: Now, therefore, to all whom it may concern, be it known that, for and in consideration of the sum of five hundred dollars to me in hand paid, the receipt of which is hereby acknowledged, I, the said A B, have sold, assigned, and transferred, and by these pres- ents do sell, assign, and transfer unto the said D E, the undivided one-half part of the whole right, title, and interest in and to the said invention, and in and to the letters patent therefor aforesaid; the said undivided one-half part to be held and enjoyed by the said C D, for his own use and behoof, and for the use and behoof of his legal representatives, to the full end of the term for which said letters patent are or may be granted (thus including extension) as fully and entirely as the same would have been held and en- joyed by me had this assignment and sale not been made. In testimony whereof I have hereunto set my hand and aflSxed my seal at L. in the county of M, aud State of N, this Ttli day of June A D. 1862. A B. [seal.] In the presence of — N P, OT. 40. Territorial Interest After Grant of Patent. Whereas, I, A B, of L, county of M, State of N, did obtain ♦ letters patent of the United States for improvement in grain-hind- ers, which letters^ patent are numbered 87,564 and bear date the 8th day of June, in the year one thousand eight hundred and sixty; and whereas I am now the sole owner of the said patent and of all rights under the same in the below-recited territory; and whereas C D, of R, county of S, State of N, is desirous of acquiring an interest in the same: Now, therefore, to all whom it may concern, be it known that, for and in consideration of the sum of live thousand dollars to me in hand paid, the receipt of which is hereby acknowledged, I, the said A B, have sold, assigned and transferred, and by these pres- ents do sell, assign, and transfer unto the said C D, all the right, title, and interest in and to the said invention, as secured to me by said letters patent, for, to, and in the State of JST, and for, to, or in no other place or places; the same to be held and enjoyed by the said C D within and throughout the above-specified territory, but not elsewhere, for his own use and behoof, and for the use and be- 406 PATENT FORMS. hoof of his legal representatives, to the full end of the term for which said letters patent are or may be sjranted (thus including extension) as fully and entirely as the same would have been held and enjoyed by me had this assignment and sale not been made. In testimony whereof I have hereunto set my hand and affixed my seal at L, in the county of M, and State of N, this 3d day of May, A. n. 1881. A B. [seal.] [n the presence of — ST, R D. 41. liicenseAShop-Right. In consideration of the sum of fifty dollars, to be paid by the firm of S J & Co., of L, in the county of M, State of N, I do hereby license and empower the said S J & Co. to manufacture in said L ( or other place agreed upon) the improvement in cotton- seed planters, for which letters patent of the United States No. 71,846 were granted to me, November 13, 1868, and to sell the machines so manufactured throughout the United- States, to the full end of the term for which said letters patent are granted. Signed at L, in the county of M, and State of N, this 22d day of April, 1869. AB 42. License— Not Exclusive— With Royalty. This agreement, made this 12th day of September, 1868, be- tween A B, of L, in the county of M, and State of N, party of tlie first part, and C D & Co., of O, in the county of R, and State of S, party of the second part, witnesseth, that whereas letters pat- ent of the United States No. 67,540, for an improvement in horse- rakes were granted to the party of the first part, dated October 4, 1867; and whereas the part}' of the second part is desirous of man- ufacturing horse-rakes, containing said patented improvement; now, therefore, the parties have agreed as follows: I. The party of the first part hereby licenses and empowers the party of the second part to manufacture, subject to the conditions hereinafter named, at their factory in O, and in no other place or places, to the end of the term for which said letters patent were granted, horse-rakes containing the patented improvements, and to sell the same within the United States. II. The y)arty of the second part agrees to make full and true returns to tlie party of the first part, under oath, upon the first days of July and January in each year, of all horse-rakes contain- ing the patented improvements manufactnred by them. III. The party of the second part agrees to pay to the party of trAde-makks. 4.07 the first part five dollars as a license-fee upon every liorse-rake manufactured by said party of the second part containing the pat- ented improvements: Provided^ That if the said fee be paid upon the days provided herein for semi-annual returns, or withiti ten days thereafter, a discount of fifty per cent, shall be made from said fee for prompt payment. IV. Upon a failure of the party of the second part to make re- turns or to make payment of license-fees, as herein provided for thirty days after the days herein named, the party of the first part may terminate this license by serving a written notice upon the party of the second part; but the party of the. second part shall not thereby be discharged from any liability to the party of the first part for any license fees due at the time of the service of said notice". In witness whereof the parties above named have hereunto set their hands the day and year first above written, at L, in the county of M, and State of N. AB, C D & Co. THE LAW OF TRADE-MARKS. In the statute of July 8, 1870, for trade-marks, the following are the important sections. Sec. 77. And he it further enacted^ That any person or firm domiciled in the United States, and any corporation created by the authority of the United States, or.of any State or Territory thereof, and any person, firm, or corporation resident of, or located in, any foreign country which by treaty or convention affords similar privi- leges to citizens of tiie United States, and who are entitled to the exclusive use of any lawful trade-mark, or who intend to adopt and use any trade-mark for exclusive use within the United States, may obtain protection for such lawful trade-mark by complying with the following requirements, to wit: 1. By causing to be recorded in the patent office the names of the parties, and their residences and places of business, who desire the protection of the trade-mark. 2. The class of merchandise and the particular description ot goods comprised in such class , by which the trade-mark has been, or is intended to be, appropriated. 3. A description of the trade-mark itself, with fao-siiniles thereof, and the mode in which it has been, or is intended to be, applied and used. 408 PRINTS AND LA.BELS. 4. The length of tune, if any, during which the trade-mark has been used. 5. The payment of a fee of twenty-five dollars, in the same manner and for the same purpose as the fee required for patents. 6. The compliance with such regulations as may be prescribed by the Commissioner of Patents. 7. The filing of a declaration, under the oath of the person, or of some member of the firm, or officer of the corporation, to the effect that the party claiming protection for the trade-mark has a right to the use of the same, and that no other person, firm, or corpora- tion has the right to such use, either in the identical form, or hav- ing such near resemblance thereto as might be calculated to deceive, and that the description and facsimiles presented for record are true copies of the trade-mark sought to be protected. Trade-marks remain in force thirty years, except on articles not manufactured in this country, but expire at the time of expiration in any foreign country. All necessary petitions, specifications, declarations, and oaths for signature of applicant, together with how to sign, will be fur- nished by the patent office at Washington. Tlie right to use such trade-mark is transferable by assignment in the same manner as patents. All reproduction, counterfeiting, copying, or imitating any such trade-mark and afiixliigthe same to goods of substantially the same descriptive properties and qualities as those referred to in the registration, subjects the party using the same to an action for damages in any court of competent jurisdiction in the United States. REGISTRATION OF PRINTS AND LABELS. By an act of Congress approved June 18, 1874, it is provided that certain prints and labels may be registered in the patent ofiice. Sec. 3. That in the construction of this act the words " engrav- ing," "cut," and "print" shall be applied only to pictorial illus- trations or works connected with the fine arts, and no prints or labels designated to be used for any other articles of manufacture shall be entered under the copyright law, but may be registered in the patent office. And the Commissioner of Patents is hereby charged with the supervision and control of the entry or registry PRINTS AND LABELS. 409 of such prints or labels, in conformity with the regulations pro- vided by law as to copyright of prints, except that there shall be paid for recording the title of any print, or label, not ;i trade- mark, six dollars, which shall cover the expense of furnishing a copy of the record under the seal of the Commissioner of Patents, to the party entering the same. Sec. 5. That this act shall take effect on and after the first day of August, eighteen hundred and seventy-four. Approved, June 18, 1874. By the word "print," as used in the said act, is meant any device, picture, word or words, figure or figures (not a trade-mark) impressed or stamped directly upon the articles of manufacture, to denote the name of the manufacturer, or- place of manufacture, style of goods, or other matter. By the word " label," as therein used, is meant a slip or piece of paper, or other material, to be attached in any manner to manu- factured articles, or to bottles, boxes, and packages containing them, and bearing an inscription (not a trade-mark), as, for example, the name of the manufacturer or the place of manufacture, the quality of goods, directions for use, etc. By the words "articles of manufacture," to which such print or label is applicable by said act, are meant all vendible commodities produced by hand, machinery, or art. But no sucli print or label can be registered unless it properly belongs to an article of commerce, and be as above defined; nor can the same be registered as such print or label when it amounts in law to a technical trade-mark. To entitle the owner of any such print or label to register the same in the patent ofiice, it is necessary that five copies of the same be filed, one of which copies shall be certified under the seal of the Commissioner of Patents, and returned to the registrant. Form of Application for Registration. FOR AN INDIVIDUAL. To the Commissioner of Patents: The undersigned, John Fisher, of the city of Brooklyn, county of Alameda, and State of California, and a citizen of the United States (or resident therein, as the case may be), hereby furnishes five copies of a print (or "label," as the case may be), of which he is the sole proprietor. 410 COPYRIGHTS. The said print (or "label'') consists of the words and figures as follows, to wit : (Description.) And he hereby requests that the said print be registered in the patent office, in accordance with the act of Congress to that effect, apuroved June 18, 1874. Brooklyn^ Cal.^ August 1, 1879. Proprietor. Form for a Corpoi^ation. The applicant, a corporation created by authority of the laws of the State of (as the case may be), and doing business in said State, hereby furnishes five copies of a label (or "print," as the case may be), of which it is the sole proprietor. The said label consists of the words and figures as follows, to wit : (Description.) And it is hereby requested that the said label be registered in the patent office, in accordance with the act of Congress to that efiect, approved June 18, 1874. Witness the seal of the said corporation at , , 1879. [seal.] President (or other officer). The certificate of such registration will continue in I'orce for twenty-eight years. The fee for registration of a print or label is six dollars, to be paid in the same manner as fees for patents. The benefits of this act seem to be confined to citizens, or resi- dents, of the United States. DIRECTIONS FOE, SECURING COPYRIGHTS UNDER THE REVISED ACTS OF CONGRESS. 1. K printed copy of the title of the book, map, chart, dramatic or musical composition, engraving, cut, print, photograph, or a description of the painting, drawing, chromo, statue, statuary, or model or design for a work of the fine arts, for which copyright is desired, must be sent by mail or otherwise, prepaid^ addressed Librarian of Congress, Washington, D. C. This must bo done before publication of the book or other ar- ticle. No entry can he made of a written title. 2. A fee of fifty cents, for recording the title of each book or other article, must be inclosed with the title as above, and fifty COPYRIGHTS. 413 cents in addition (or one dollar in all) for each certificate of copv right imder seal of the Librarian of Congress, which will be trans- mitted by early mail. 3. Within ten days after publication of each book or other ar- ticle, two complete copies of the best edition issued must be sent, to perfect the copyright, with the address Librarian of Congress, Washington, D. C. The postage must be prepaid, or else the publications inclosed in parcels covered by printed penalty labels, furnished by the Librarian, in which case they will come free by mail, according to rulings of the Post-oflBce Department. Without the deposit of copies required the copyright is void, and a penalty of $25 is in- curred. No copy is required to be deposited elsewhere. No copyright is valid unless notice is given by inserting in every copy published, on the title page or the page following, if it be a book; or if a map, chart, musical composition, print, cut, engraving, photograph, painting, drawing, chromo, statue, statuai-y, or model or design intended to be perfected as a work of the fine arts, by in- scribing upon some portion thereof, or on the substance on which the same is mounted, the following words, viz. : Entered according to act of Congress, in the year ,, hy , in the office of the Librarian of Congress, at Washington, " or, at the option of the person entering the copyright, the words: '-''Copyright, 18 — , ly ." The law imposes a penalty of $100 upon any person who has not obtained copyright who shall insert the notice ^'Entered ac- cording to act of Congress,'^ or '^ Copy right, ^^ etc., or words of the same import, in or upon any book or other article. 5. Any author may reserve the right to translate or to drama- tize his own work. In this case, notice should be given by printing the words, '•^ Right of translation reserved,''^ or, ^'-Alhrights re. served,^' below the notice of copyright entry, and notifying the Li- brarian of Congress of such reservation, to be entered upon the record. The original term of copyright runs for twenty-eight years. Within six months before the end of that time, the author or de- signer, or his widow or children, may secure a renewal for the further term of fourteen years, making forty-two years in alL Applications for renewal must be accompanied by explicit state- 412 COPYRIGHTS. ment of ownership, in the case of the author, or of relationship, in the case of his heirs, and must state definitely the date and place of entry of the original copyright. 7. The time within which any work entered for copyright may be issued from the press is not limited by any law or regulation, but depends upon the discretion of the proprietor. A copyright may be secured for a projected work as well as for a com- pleted one. 8. A copyright is assignable in law by any instrument of writing, but such assignment must be recorded in the office of the Librarian of Congress within sixty days from its date. The fee for this record and certificate is one dollar, and for a certified copy of any record of assignment one dollar. 9. A copy of the record (or duplicate certificate) of any copyright entry will be furnished, under seal, at the rate of fifty cents each. 10. In the case of books published in more than one volume, or of periodicals published in numbers, or of engravings, photographs, or other articles published with variations, a copyright is to be en- tered for each volume or part of a book, or number of a periodical, or variety, as to style, title or inscription, of any other article. 11. To secure a copyright for a painting, statue, or model or de- sign intended to be perfected as a work of the fine arts, so as to prevent infringement by copying, engraving, or vending such de- sign, a definite description must accompany the application for copyright, and a phothograph of the same, at least as large as "cabinet size," should be mailed to the Librarian of Congress within ten days from the completion of the work or design. 12. Copyrights cannot be granted upon trade-marks, nor upon labels intended to be used with any article of manufacture. If protection for such prints or labels is desired, application must be made to the patent office, where they are registered at a fee of $6 for labels and $25 for trade-marks. 12. Every applicant for a copyright must state distinctly the name and residence of the claimant, and whether the right is claimed as author, designer, or proprietor. No affidavit or formal application is required. Office of the Librarian of Congress, Washington^ 1883. CHAPTER XVI. BOOK-KEEPING, LEGAI. WEIGHTS AND MEAS- URES AND POSTAL RATES AND REGUIiATIONS. The art of book-keeping teaches how to record, systematically, the various transactions of business in any occupation in which a person may be engaged, so that he may know his pecuniary situa. tion, possess ability to substantiate his claims and protect his property, and at death to leave behind him evidence that will ena- ble his friends to understand his business relations and engage- ments, and settle his affairs in a satisfactory manner ; and every person doing any business should keep a book record of his busi- ness and engagements rather than rely upon memory, or loose papers, for evidence. When books of account are properly kept, though the style of keeping them be very simple, they often become matters of great legal value, and such books are recognized as legal evidence, when properly kept, by all civilized people. Their value, however, is often limited by time in this respect, and under the statutes of all States an action on a book account must be commenced within a certain date from the time an article was delivered by the creditor to the debtor, or the right to bring a suit for it will be barred ; while on any instrument in writing signed by a debtor an action may be commenced at a time within a longer period from the time it became due, as prescribed by the statutes of limitations. There are two methods of book-keeping, one being called single and the other double entry ; the latter is employed in extensive and complicated mercantile business, where a check is required upon each entry, to prove that it has been recorded properly. The former is generally used by persons engaged in ordinary business, because it is more simple than the other, and is sufficiently correct for ordinary purposes. It re([uiresbut three books: the Day-book, Ledger and Cash-book; but to these may be added a Bill-book, in which all notes, received or given, are recorded, showing when drawn, by whom, in whose favor, length of time, when due, amount of note, and any proper explanation ; and a Sales-book, in (413) 414 BOOK-KEEPING. which orders for ^oods or the details of sales are entered; and a Receipt-book, where receipts for payments of debts can be perma- nently kept. As this book is not intended to teach the art of book- keeping, but to treat of them rather as legal instruments often offered in evidence, the first three named above will only be spoken of particularly. The Day-book should contain correct statements of every busi- ness transaction which gives rise to persons owing us, or to our owing them, properly arranged under the head of Debtor, or Cred- itor. The accounts should be entered in this book at the time they wefe created, or in the regular order of business in which they occurred. The book should be commenced by stating the name of the owner and his I'esidence. The day, month, and year should then be written and repeated at the head of each page corresponding with the date of the first transaction on each page, while all subsequent dates on each page should stand above the transaction to which it belongs. In making an entry, the name of the person with whom we deal is written with Dr. or Cr. at the right of the name to show whether he becomes a debtor or a creditor by the transaction. Then a statement should follow specifying the articles bought or sold, and the price of each. The sum of the values should then be found, and the total amount should be entered in the column of dollars and cents. The rule for determining how an entry must be made is this : The person with whom you deal is debtor for what- ever he reoeives of you, and is creditor for vjhatever you receive from him. If a mistake be made in an account, it should not be corrected by altering the original entry, but a new entry should be made debiting or crediting the amount of the error as " John Jones Cr. by (or Dr. to) error in account of October 6, one dollar and fifty cents." This will enable a person to swear before a court that his book contains his original entries without alteration, and his book will not look suspicious. The Ledger is intended to collect on one page the scattered transactions of the Day-book relating to one person, and should show all the debits and credits of such person, so that the owner can tell at once how the person's account stands. The Dr. accounts are placed on the left hand of the page, and the Cr. accounts on the right hand, and each item should refer by numbers to the page of the Day-book on which it may be found , while each sum of BOOK-KEEPIXG, 415 items of the Day-book should refer to the page of the Ledger on which it will be found. Every Ledger should also contain an index, in which all the names it contains should be alphabeticallj^ arranged, with the page of the Ledger on which the person's account can be found. The Cash-book should contain a record of the payments and' re- ceipts of cash as they occur from day to day; but all money re- ceived on any person's account should be entered to his credit on the Day-book; so with money paid to any person on account. Persons making but few entries in their business, and requiring but one book for their accounts, might adopt the Ledger form, and appropriate a page to each person's account, using the book for original entries. As this article is intended only to show such facts as are neces- sary to appear in case the book or books are brought into court as evidence of the facts which may appear in them, only the outlines of book-keeping are given; but in order that account books may be admitted as evidence in courts, the entries should be made in them at or about the time the transactions occurred, and by the owner of the books, or by some person in his employment at the time the transactions took place, and who knew of his own knowl- edge that they did take place at or about the time stated in the account. 416 BOOK-KEEPING. DAY BOOK [By Single Entry]. J. K. Everett, Reno^ Nevada^ January 3, 1880. X 1 William Smith, To 8 yds. of muslin at 9 cts. a yd " 4 " '■ cloth at $3 a yd. " 1 scythe Dr. $ 0.72 12.00 1.10 $13.83 X 2 Henry Jones, To 1 pr. of shoes " 1 lb. of tea 3 Dr. $1.40 75 3.15 X 3 Charles Johnson, By 1 bay horse 3 Cr. 115.00 X 3 X 2 Henry Jones, To 14 lbs. nails at 6 cts. " 5 galls, molasses at 33 cts. " 12 lbs. cheese at 10 cts. By 8 lbs. wool at 36 cts. 3 Dr. $0.84 1.60 1.20 Cr. 3.64 3.88 X 1 William Smith, By 1 load of hay " 12 lbs. of butter at 9 ct& 3 Cr. $6.00 1.08 7.08 X 3 Charles Johnson, To cash 3 Dr. 50.00 X 1 William Smith, To 1 stove " 8 yds. cloth at $3 " 1 horse 4 Dr. $14.00 24.00 42.00 80.00 X 3 Charles Johnson To 1 set of harness " 1 wagon 4 Dr. $20.00 64.00 84.00 X 2 Henry Jones, To 28 lbs. sugar at 8 cts. " 1 barrel of flour 3 brooms at 14 cts. 5 Dr. $3.34 7.00 .43 9.66 X 3 Charles Johnson, By 20 bushels corn at 62 cents " cash " order on Peter Wilkins 5 Cr. $12.40 30.00 31.00 63.40 X 3 Charles Johnson, To check to balance account 7 Dr. 44.40 X 3 Henry Jones, By cash to balance account 10 Cr. 13.57 X 1 12 William Smith, By his note, payable 3 months from dale Cr. 75.00 BOOK-KEEPmO. 417 Dr. LEDGER William Smith. Cr. 1880. Jan. 8 " 4 " 12 To sundries To balance $13.82 80.00 $93.82 $11.74 1880. Jan. 3 ' 12 By hay and butter " note at 3 months " balance $ 7.08 75.00 11.74 $93.82 Dr. Henry Jones. Cr. 1880. Jan. 3 " 3 " 5 To sundries $3.15 8.64 9 66 $1545 1880. Jan. 3 " 10 By wool " cash $2 88 12.57 $15.45 Dr. Chaules Johnson. Cr. 1880. Jan. 3 " 4 " 7 To cash " harness and wagon " check to balance $50 00 81.00 44.40 $178.40 1880. Jan. 3 " 5 By 1 bay horse " sunc&ies $115.00 63.40 $178.40 CASH BOOK. Dr Cr. 1880. 1880. Jan. 3 To cash on hana $150.00 Jan. 3 Paid rent of store $75.00 " 5 Received of C. Johnson 30.00 " 5 " Chas. Johnson 50.00 " 5 Order on P. Wilkins 21.00 " 7 " " " check 44.40 " 9 Receipts of store 106.75 " 9 " expenses in store 8.30 " 9 Cash on hand 130.15 $307 75 $807.75 Jan. 9 To cash on hand $130.15 " 10 Received of H. Jones 12.57 ,. The account of each person in the foregoing representation of a Ledger, is intended to represent one page of such Ledger, the 27 418 WEIGHTS AND MEASURES. accounts having been posted from the first page of the Day-book. The figures on the left of the page of the Day-book show on what page of the Ledger the account can be found, and the figures in the open columns on the Dr. and Cr. sides of the page of the Ledger show on what pages of the Day-book the items of the account will be found. The marks X on the left of the page of the Day-book show that the account has been posted or ca/rri^ to the Ledger. liEGAL MEASUKES OF VALUE, WEIGHT, CAPACITY, ETC. Money of the United States. 10 Mills = 1 Cent. I 10 Dimes = 1 Dollar. 10 Cents = 1 Dime. | 10 Dollars = 1 Eagle. The mill is one thousandth of a dollar and derives its name from the Latin word mille, which means a thousand. The cent is one hundredth of a dollar and derives its name from the Latin word centum, which means a hundred. The dime is one tenth of a dollar and derives its name from the French word disme, which means ten. Origin of the Dollar. The monetary unit of this country prior to July 6, 1785, was the English pound. On that date the Continental Congress established the dollar in its place, its precise weight and value being fixed August 8, 1Y86, which was about that of the old Spanish Carolus pillar dollar. The dollar was not original with Spain, its true origin being the "Joachim's Thaler," first coined in the mines of the Bohemian Yalley of Sant Joachim. Pure gold is worth $;!0.674-183 per ounce. Pure silver is worth il.ii2-f-29 per ounce. A legal silver dollar weis>hs 412i^ grains, troy. A legal gold dollar weighs 25.8 grains, troy. A legal eagle weighs 258 grains, troy. A double-eagle weighs 516 grains, troy. The standard of gold and silver is nine hundred parts of pure metal and one hundred parts of alloy in one thousand parts of coin. WEIGHTS AND MEASURES. 419 Measures of Volume. The standard gallon measures two hundred and thirty- one cubic inches. The standard bushel contains two thousand one hundred and fifty and forty two one-hundredths cubic inches, and its dimen- sions are eighteen and one-half inches diameter inside, and nine- teen and one-half inches outside, and when heaped, the cone should be six inches high. This measure is not often used or seen. LIQUID MEA8UBE. 4 Gills=l Pint. 2Pints=l Quart. 4 Quarts=l Gallon. 31 K Gallons=l Barrel. 42 Gallons=l Tierce. 63 Gallons=l Hogshead. DEY MEASURE. 2 Pints =1 Quart. 8 Quarts=l Peck. 4 Pecks =1 Bushel. 36 Bushels=l Chaldron. Beee measure is a species of liquid measure used in measur- ing beer, ale, and milk. The unit is the gallon. TABLE. 2 Pints (pt.) make 1 Quart qt. 4 Quarts " 1 Gallon gal. 36 Gallons " 1 Barrel bbl. 1% Barrels, or 54 Gallons, " 1 Hogshead . .hhd. 1728 cubic inches make 1 cubic foot. 27 cubic feet make 1 cubic yard. 1 cubic foot contains lYz gallons; or, more exactly, 7.4805 gallons 1 bushel contains 9.30918 gallons. 1 chaldron contains 57.244 cubic feet. 1 cord of wood contains 128 cubic feet. 1 perch of stone contains 24^^ cubic feet, A cubic yard of earth is called a load. A square of earth is a cube measuring six feet on each side, and is equivalent to 216 cubic feet. In civil engineering the cubic yard is the unit to which estimates for excavations, embankments and levees are reduced. In commerce, the cubic foot is often the unit on which charges are estimated and made for freight, the space occupied being measured. Measures of Weight. AVOIRDUPOIS. TROY. 27f| Grains=l Dram. 16 l)rams=l Ounce, 16 Ounces=l Pound. 112 Pounds (U. S.)=l cwt. 100 Pounds (com nonly)=l cwt. 20 Cwt.=l Tou. 24 Grains=l dwt. 20 P>3nny weigh ts=l Ounce 12 Ounces=l Pound. 420 WEIGHTS AND MEASURES. The long or gross ton^ hundred weight, and quarter were formerly in common use; but they are now seldom used except in estimat- ing English goods at the U. S. custom-houses, in freighting and wholesaling coal from the Pennsylvania mines, and in the whole- sale iron and plaster trade. 28 lb. make 1 quarter, marked qr. 4 qr. = 112 lb. " 1 hundred weight, " cwt. 20 cwt. = 22401b. " 1 ton, " T. Scale — Ascending, 28, 4, 20 ; descending, 20, 4, 28. 1 pound avoirdupois==14 oz., 11 dwts., 16 grains, troy. Orig^ of Troy and Avoirdupois Weights, From the time of William 1. to Henry V^II. of England, the standard of weight was determined by the weight of grains of wheat; 32 grains taken from the middle of the ear and well dried, made the weight of a penny, or a pennyweight, 20 pennyweights an ounce, and 13 ounces a pound. Henry VII. changed this weight and introduced another pound in its place, which was f of an ounce heavier than the old pound. The same divisions were retained, but the number of grains in a pennyweight was changed to 24; although the name was still used, it had no reference to the weight of grains of wheat. This is the troy pound of the present time. Henry VIII. introduced another weight, for the purpose of weighing meat in the market, which is the avoirdupois pound of the present time. The avoirdupois weight of the United States and England are identical. They rest, in fact, upon existing pieces of brass which have been declared by law to be the units of the system; and 252.458 of these units are supposed to be exactly equal in weight to a cubic inch of distilled water when the conditions named below are observed. 1 cubic inch of distilled water at its maximum density = 252. 693 grains; or, 252.458 grains 62® Fahrenheit, barometer at 30 inches in both cases. I cubic foot of distilled water at its maximum density == 62. 37907 pounds avoirdupois; or, 62.32104 pounds avoirdupois 62*^ Fahren- heit, barometer at 30 inches in both cases. WEIGHTS AND MEA.SUKE8. 421 1 pound avoirdupois = 2Y.7015 cubic inches of distilled water at its maximum density; or, 27.7274 cubic inches 62*^ Fahrenheit, barometer at 30 inches in both cases. The troy pound is the standard unit of weight of the United States Mint. It is identical with the troy pound of England and derives its name from Troy Novant, the ancient name of the city of London. The troy pound is equivalent to the weight of 22.79442 cubic inches of distilled water, at its maximum density, or 22.8157 cubic inches, 62° Fahrenheit, barometer at 30 inches in both cases. 12 Inches = 1 Foot. 3 Feet = 1 Yard, 5}4 Yards = Rod. 40 Rods = 1 Furlong. 8 Furlongs = 1 Mile. 6 Feet make 1 Fathom. 120 Fathoms make 1 Cable length. 3 Inches make 1 Palm. Ounther^s Chain, 7.92 Inches = 1 Link. 25 Links = 1 Rod. 100 Links = 1 Chain, 4 Rods. 80 Chains = 1 Mile. 1 mile contains 5,280 feet, or 1,760 yards. 1 degree of latitude = 69.77-100 statute miles Measures of Length. Surveyors' Square Measure. This measure is used by surveyors in computing the area or contents of land. TABLE. 625 Square Links (sq. 1.) Make 1 Pole.P. 16 Poles make 1 Square Chain. ..sq. ch. 10 Square Chains make 1 Acre A. 640 Acres make 1 Square Mile. ...sq. mi. 36 Square Miles (6 miles square) make 1 Township Tp. 4 Inches make 1 Hand. 9 Inches make 1 Span. 3 Barleycorns make 1 Inch. Measures of Surface. 144 Square Inches = 1 Square Foot. 9 Square Feet = 1 Square Yard. 100 Square Feet = 1 Architect's Square. 303^ Squar(3 Rods = 1 Square Rood. 4 Square Roods, or 10 Square Chains = 1 Square Acre. 640 Acres = 1 Square Mile. A Carpenter's Square -is 10 Feet Square. Measures of Time. 60 Seconds = 1 Minute 60 Minutes = Hour 24 Hours = 1 Day. 7 Days = 1 Week. 4 Weeks = 1 Lunar Month. 28 to 31 Days = 1 Calendar Month. 12 Months = 1 Year. 3653^ Days = 1 Year. 100 Years == 1 Century, A solar year contains 365 days, 5 hours, 48 minutes, 49 seconds. A sidereal year contains 365 days, 6 hours, 9 minutes, 12 seconds. 4-22 WEIGHTS AND MEASURES. Measures of Angles. 60 Seconds = 1 Minute. I 30 Degrees = 1 Sign. 60 Minutes = 1 Degree. ' 90 Degrees = 1 Quadrant. 360 Degrees = 1 Circumference. The circumference of the earth is divided into three hundred and sixty degrees. The sun passes over one degree in every four minutes therefore, or seems so to pass, by the revolution of the earth on its axis. If, therefore, you desire to know what time it is at any other point on the earth, ascertain from your map your own longitude and the longitude of the place you have in view; multiply the number of degrees of longitude between the two points by four, and the product will be the difference in time, in minutes^ between the two points. If the product be more than sixty, divide such product by sixty, and your quotient will be hours, and your remainder will be minutes. If the place be east of you, add the time to the time at your own place, and the sum will be the time at the point required; but if the place be west of you, subtract the result from your time, and the remainder will be the time at the place required. In making your calculation you must bear in mind that clocks usually mark only twelve hours instead of twenty-four, and that one hour after twelve the clock marks one again at all points of the earth. TJnited States Coinage. Gold and silver, when pure, are 1,000 fine; or, by the old method, 24 carats fine. Except for jewelry, the old carat system is generally abandoned. One carat = 41f thousandths. The standard fineness of United States coin is 900; or, by the old system, 24X900=21.6 carats fine. The alloy for United States gold coin is pure silver and copper; for silver coin the alloy is pure copper. Gold for coinage is refined from 990 to 997^^ fine, the inferior metal it then holds being pure silver left for alloy. When alloyed with copper, the proportion of gold is in accord- ance with its fineness as the alloy must be 900 tine or 9-10 pure gold. Mint values of Gold, Silver, and Copper. 1 Ounce Gold 1,000 fine = $20.671791 1 Ounce Silver 1,000 fine = 1.292929 1 Ounce Copper 1,000 fine == .028571 1 Grain Gold 1.000 fine = .0480663 1 Grain Silver 1,000 fine = .0026936 1 Grain Copper 1,000 fine = .0000595 The above values are standard as regards gold and silver; and UNITED STATES MINT REGULATIONS. 423 that of copper is only comparative as the price at which the mint buys, the latter metal is changed from time to time, according to its value in the market. UNITED STATES MINT REGUIiATIONS. enlarges on Gold Deposits. Melting — On deposits of 10 ozs. and less 50 cts. On deposits of from 10 to 40 ozs 60 cts. On deposits of from 40 to 60 ozs 75 cts. On deposits of from 60 to 75 ozs 90 cts. On deposits above 75 ozs 1 j^ ct. pr oz. Parting— On deposits 300 fine or less 2 cts. pr oz. On deposits 300.5 to 600 fine. 4 cts. pr oz. On deposits 600.5 to 750 fine 6 cts. pr oz. On deposits 750.5 fine and over ...8 cts. pr oz. TouGHENrNG— Computed on amount deposited 3^ to 2 cts. pr oz. AijLoy — For amount of alloy used 2 cts. pr oz. Coining— No charge. Cliarges on Silver Deposits. Melting — On deposits under 500 ozs 50 cts. On deposits over 500 ozs 2 cts. additional pr. oz. Refining— On deposits 997.5 and above no charge. On deposits from 980 to 997.5 fine 1 ct. pr oz. On deposits 980 fine 2 cts. pr oz. Alloy — For amount of alloy used 2 cts. pr oz. Coining— Computed on value of deposit M of 1 per cent. Waste in Coining, and Deviation in Weight. The manufacture of coin is protected by a very efficient system, the employes of each department of the mint being held strictly responsible for all material received by them in accordance with certain allowances. Waste — Melters' and refiners' allowance of gold 1 ounce in 1,000 Coiners' allowance of gold % ounce in 1,000 Melters' and refiners' allowance of silver 1% ounce in 1,000 Coiners' allowance of silver^ 1 ounce in 1,000 Deviation allowed from Standard Weight — Twenty and ten-dollar pieces . . % grain. Other gold pieces 3€ grain. Silver pieces ► 4 1^ grain. 424 UNITED STATES MINT REGULATIONS. On each draft — Of $5,000 gold in $20, $10, $5, or 2^ pieoes 01 ounce. Of one thousand $8 or $1 gold pieces 01 ounca Of one thousand $1, 50ct. or 25ct. pieces 03 ounce. Of one thousand dimes 01 ounce. Assayers' Weight. 1 Carat = 10 Pwts. Troy. 1 Carat Grain = 2 Pwts. 13 Grains or 60 Grains Troy. 24 Carats = 1 Pound Troy. Diamond Weight. 1« Parts. = 1 Grain = .8 Grain Troy. 4 Grains = 1 Carat = 3.2 Grains Troy. 20 Parts Diamond Weight =■ 1 Grain Troy. English Money. 4 Farthings (far.) = 1 Penny d. 12 Pence = 1 Shi«lling s. s 20 ShiJlings = 1 Pound £. In England a pound of standard troy gold, 916f fine, is coined into £46, 14s. 6d. The full weight of one gold pound or sovereign is 123.274 grains of standard gold, or 113.001 of pure gold. Allowing for the abrasion or wear, a sovereign weighing 122.75 grains of standard gold, in England is a legal tender for the pay- ment of debts. The alloy for gold coin is copper. Before 1826 silver entered into the composition of English cold coin; hence the difference in color of different coinages. A pound of silver, 92.5 per cent silver and 7.5 copper, is coined into 6Q shillings. The full weight of a shilling is 87. 173 grains standard silver, or 80.729 grains of pure silver. A pound of copper, is coined into 24 pennies. A pound of bronze, 95 parts copper 4 parts tin and 1 part zinc, is coined into 40 pennies, or 80 half pennies, or 160 farthings. Bank of England notes are a legal tender in England for any sum exceeding £5. Gold is a legal tender for any amount; silver, not exceeding 40 shillings, and copper, not exceeding 12d,- when in pen- nies or in half pennies, and not exceeding 6d, when in farthings. French Money. 10 Centimes = 1 Decime. 10 Decimes = 1 Franc. All French coin is based on the gramme, the unit of weight. A kilogramme of standard gold .9 pure is coined into 3,100 WEIGHTS AND MEASURES. 425 francs. The denominations of gold coin are 100, 50, 20, 10 and 5 franc-pieces. The alloy is copper. A kilogramme of silver .9 pure is coined into 200 francs. The denominations of silver coins are 5, 2, 1, ^, and J franc- pieces. The copper coins of France since 1853 contain 95 parts copper, 4 parts tin and 1 part zinc. The denominations are 10, 5, 2 and 1 centimes, which weigh 1 gramme for each centime. Comparative Values of Gold and Silver United States, estimating silver 1, go England, " " 1, France, " "1, Spain, " " 1, Cbina, " " i Id is 15.988. " 14.287. " 15.50. " 16.00. " 14.25. In England and Germany gold is the standard; in the United States gold and silver, and in France and some other European countries gold and silver are the standard. Apothecaries' Weight. is used by apothecaries and physicians in compounding medicines; but medicines are bought and sold by avoirdupois weight. The unit is the pound, of which all the other denominations in the table are divisors. 20 Grains— gr. = 1 Scruple. 3 Scruples— 3 = 1 Dram. 8 Drams— 3 == 1 Ounce. 12 Ounces— f = 1 Pound. The grain, the ounce and the pound of this weight are the same as those of Troy weight. Medical Divisions of the Gallon. 60 Minims— M. = 1 Fluidram. 8 Fluidrams— f 3 =1 Fluidounce. 16 Fluidounces— f 3 = 1 Pint. 8 Pints— O = 1 Gallon (Cong.) O is an abbreviation of ootans, tlie Latin for one eighth; Cong, for congiarmin, the Latin for gallon. 1 Common Teaspoonful = 45 Drops. 1 Common Teaspoonful = ^ Common Tablespoonful = l Fluidram 1 ComraonTablespoonful= % Common Teacup = about % Fluidounce 1 Common Teacup = about 4 Fluidounces. 1 Pint of Water = about 1 Pound. The weight of the bushel of certain grains and roots has been fixed by statute in many of the States; and these statute weights must govern in buying and selling, unless specific agreements to the contrary be made. 426 WEIGHTS AND MEASURES. TABLE OF AVOIKDUPOIS POUNDS IN A BUSHEL, A^ prescribed by statute in the several States named. COMMODITIES. 03 s i o 1 a a o O i- 03 m 'S a 1— I 48 60 14 40 46 60 34 33 56 8 44 52 70 48 80 32 57 60 54 .2 a 48 60 14 50 46 60 25 33 56 03 O 1— 1 48 60 14 52 46 60 24 33 56 . o s M 48 60 14 53 60" C3 a .2 'to 'B c 32 a (A OJ CO p 03 CO CO 46 46 a 48 42 60 28 28 56 32 56 60 S CO ID 48 42 60 28 28 5n 32 56 60 ;-< D CO 48 60 14 52 46 60 34 33 56 44 52 80 35 57 60 56 50 45 64 20 2 CO 1 03 •• 30 60 a a IS 47 48 56 32 56 60 T3 -H 73 X3 • • 50 50 60 50 a g > 46 46 56 32 60 56 60 a .s a. 45 42 60 38 28 58 36 50 60 56 60 '55 a 9 Barley 50 48 Beaos Blue Grass Seed . Buckwheat Castor Beans. . . . 40 45 42 Clover Seed Dried Apples. . . . 60 9,8 Dried Peaches. . Flax Seed 56" ii 50 30 60 50 56 50 30 52 56 50 60 28 56 Hair Hemp Seed 44 56 68 50 70 32 48 60 56 44 56 68 35 57 60 56 44 56 50*' 331^ 57 60" 56 56 32 32 Indian Corn Ind. Corn in ear. Ind. Corn Meal.. Mineral Coal*.. . Oats 52 33 56 28 56 56 39, Onions Peas Potatoes 60 56 60 Rye 54 56 Rye Meal Saltf 50 45 60 50 45 60 20 50 45 60 20 60 Timothy Seed . . . 60 45 60 30 46 Wheat Wheat Bran .... 60 56 60 * In Kentucky, 80 lbs. of bituminous coal or 70 lbs. of cannel coal make 1 bushel, f In Pennsylvania, 80 lbs. coarse, 70 lbs. ground, or 62 lbs. fine salt make 1 bushel ; and in Illinois, 50 lbs. common or 55 lbs. fine salt make 1 bushel. I In Maine, 64 lbs. of ruta-baga turnips or beets make 1 bushel. Book Measure. A Sheet (24x38^ folded in 2 Leaves is called Folio. 4 " " Quarto or 4to. 8 " " Octavo or 8vo. 20 Units 12 Units 12 Dozen 12 Gross 24 Sheets 20 Quires 2 Reams 5 Bundles 12 " Duodecimo or 12n 16 " 16mo. 18 " 18mo. 24 24mo. 33 32mo. Units. 1 Score. 1 Dozen. 1 Gross = 144 Units. 1 Great Gross = = 1,728 Units=144 Dozen. Paper. 1 Quire. 1 Ream = 480 sheets. 1 Bundle =960 Sheets=40 quires. 1 Bale=4,800 Sheets=200 Quires=10 Reams WEIGHTS AND MEASUKE8. 427 Iron or Lead — English.. 14 Pounds = 1 Stone. 2\% Stone = 1 Pig = 301 Pounds. 8 Pigs = 1 Fother=2,408 Pounds=172 Stone. Sound. — The velocity of sound through the air in a temperature at 62^ Fahrenheit is 1,125 feet per second. The velocity of sound through water is 4^ times, through iron, 10 times, and through wood, from 11 to 17 times fhat in air. Weight of Grain, Produce, Etc., per Bushel. Minimum Weight according to the Laws of the United States. Wheat per bushel ...60 lbs Clover Seed per bushel. .60 lbs Corn, in the ear . . . II . . .70 lbs Flax Seed (( .56 lbs Corn, shelled « . . .56 lbs ...56 lbs Millett Seed " . .50 lbs Rye Hungarian Grass Seed .50 lbs Buckwheat " . . .52 lbs Timothy Seed t> .45 lbs Barley " . . .47 lbs Blue Grass Seed 11 .44ibs Oats «» . . .32 lbs Hemp Seed K .44 lbs Peas u . . .60 lbs Fine Salt 11 .55 lbs White Beans •i . . .60 lbs Salt .'. 1< .50 lbs Castor Beans t« . . .46 lbs . Corn Meal 11 .48 lbs Irish Potatoes tc . . .60 lbs Ground Peas «< .24 lbs Sweet Potatos i< . . .55 lbs Malt '« ..38 lbs Onions i< . . .57 lbs Bran 11 .20 lbs Turnips n . . .55 lbs Stone Coal . <1 .80 lbs Mi acellaneous. 4 Inches = A Hand. 3 Inches = A Palm. 9 Inches = A Span. 18 Inches = A Cubit. 36 Inches or 3 Feet = A Pace. 28 Incbes or 21^ Feet == A Military Pace. 333.8676 Inches' =. 1 Vara. 25 Pounds = 1 Keg of powder. 56 Pounds = 1 Firkin of butter. 100 Pounds = 1 Cental of grain. 100 Pounds = 1 Cask of raisins. 100 Pounds = 1 Qu intel of dried fish. 196 Pounds = 1 Barrel of flour. 200 Pounds = 1 Barrel of beef, pork or fish. 255 Pounds = 1 Barrel of soap. 280 Pounds = = 1 Barrel of salt. 21.2 cubic feet of sand=l short ton=2,000 pounds. 23.7 cubic feet of sand=l long ton=2,240 pounds. 14.8 cubic feet of compact earth=l short ton=3,000 pounds. 16.6 cubic feet of compact earth=l long ton=2,340 pounds. 22.3 cubic feet of loose earth=l short ton=2,000 pounds. 24.9 cubic feet of loose earth=l long ton=2,240 pounds. 16 7 cubic feet of clay=l short ton=2,000 pounds. 18.6 cubic feet of clay=l long ton=2,340 pounds. 18 cubic feet of gravel or earth, before digging=27 cubic feet when dug. 12.0 cubic feet of quartz, unbroken iu lode=l short ton=3,000 pounds. 13.5 cubic feet of quartz unbroken in lode=l long ton=2,340 pounds. 20 cubic feet of quartz, of ordinary fineness coming from lode=l ton, contract measurement. 428 FRENCH Light. — The velocity of light is 192,500 miles per second. Estimating the distance to be 95,000,000 miles, it passes from the sun to the earth in 8.2 minutes. It can pass through the distance of the circumference of the earth in |- of a second. FRENCH WEIGHTS AND MEASITEJBS : Or, The Metric System of Weights and Measures. The metric system was adopted in France in 1795 ; its use was authorized in Great Britain in 1864; and in 1866, Congress author- ized the metric system to be used in the United States by passing the following act: AN ACT to authorize the use of the metric system of weights and measures. £e it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled^ That from and after the passage of this act, it shall be lawful throughout the United States of America to employ the weights and measures of the metric system; and no contract or dealing, or pleading in any court shall be deemed invalid, or liable to objection, because the weights or measures expressed or referred to therein are weights or measures of the metric system. Section 2. And he it further enacted^ That the tables in the schedule hereto annexed shall be recognized in the construction of contracts, and in all legal proceedings, as establishing, in terms of the weights and measures now in use in the United States, the equ'ivalents of the weights and measures expressed therein in terras of the metric system; and said tables may be lawfully used for computing, determining, and expressing in customary weights and measures, the weights of the metric system. The metric system of weights and measures is based upon the decimal scale. The meter is the hase of the system, and is the one ten-raillionth part of the distance on the earth's surface from the equator to either pole, or 39.37079 inches. From the meter are made the are (air), the stere (stair), the liter (leeter), and the gram; these constitute the primary or principal units of the system, from which the others are derived. The multiple units or higher denominations, are named bj WEIGHTS AND MEASURES. 429 prefixing to the name of the primary units tlie Greek numerals dehcL (10), hecto (100), kilo, (1000), and myra (10000). The siih-miiUiple units, or lower denominations, are named by prefixing to the names of the primary units the Latin numerals, deoi (/o), centi d I o), mille d o^o o)- Hence it is apparent from the name of a unit whether it is greater or less than the standard unit, and also how many times. Measures of Extension. The m^^er is the unit of length, and is equal to 39. 37 in. nearly. TABLE. MKTRIC DENOMINATIONS. U. 8. VALUB. 1 Millimeter = .03937079 in. 10 Millimeters, mm. = 1 Centimeter = .3937079 in. 10 Centimeters, em, = 1 Decimeter ^ 3.937079 in. 10 Decimeters, dm. = 1 Meter =: 39 37079 in. 10 Meters M. =1 Dekameter = 33.808993 ft. 10 Dekameters, Dm. = 1 Hectometer r= 19.937817 rd. 10 Hectometers, Il7n. = 1 Kilometer =: .6213834 mi. 10 Kilometers, Km. = 1 Myriameter (Mm.) = 6.313834 mi. The meter, like our yard, is used in measuring cloths and short distances. The kilometer is commonly used for measuring long distances, and is aboutf of a common mile The are is the unit of land measure, and is a square whose side is ten meters, equal to a square dekameter, or 119.6 sq. yards. TABLE. 1 Centiare, <5a. -=(1 Sq. Meter) =■ 1.196034 sq. yd. 100 Centiares, '* = Are = 119.6034 sq. yd. 109 Ares A. = Hectare (Ha.) = 3.47114 Acres. The square ineterr is the unit for measuring ordinary surfaces; as floorings, ceilings, etc TABLE. 100 Sq. Millimeters, sq. mm. = 1 Sq. Centimeter = .155+ sq. in. 100 Sq. Centimeters, sq. em. =1 Sq. Decimeter = 15.5-|- sq. in. 100 Sq. Decimeters, sq. dm. = 1 Sq. Meter (Sq. M.) = 1.190+ sq. yd. Tlie stere is the unit of wood or solid measure, and is equal to a eabie meter, or .2759 cord. 430 FEENCH TABLE. 1 Decistere == 3.531+ cu. ft. 10 Decisteres, dst. 1 Stere = 35.316+ cu. ft. 13 Steres St. 1 Dekastere (D3t.) == 13.079+ cu. yd. The eubio rit&t&r is the unit for measuring ordinary solids; as excavations, embankments, etc. TABLE. 1000 Ca. Millimeters, m. mm. = 1 Cu. Centimeter = .061+ cu. in. 1000 Cu. Centimeters, cu. cm. = 1 Cu. Decimeter = 61.0'J6+ cu. in. 1000 Cu. Decimeters, cu. dm. = 1 Cu. Meter = 25.316 + cu. ft. Measures of Capacity. The liter is the unit of capacity, both of Liquid and of Dry Measures, and is a vessel whose volume is equal to a cube whose edge is one tenth of a meier^ equal to 1.05673 quart Liquid Measure, and .9081 quart Dry Measure. TABLE. 10 Milliliters, ml =1 Centiliter. 10 Centiliters, cl =1 Deciliter. 10 Deciliters, di = 1 Liter. 10 Liters, L. =1 Dekaliter. 10 Dekaliters, Dl =1 Hectoliter. 10 Hectoliters, HI ==1 Kiloliter, or Stere. 10 Kiloliters, Kl =1 Myrialiter {Ml.) The heotoUter is the unit in measuring liquids, grain, fruit, and roots in large quantities. Equivalents in United States Measures. Metric Denominations. Cubic Measure. Dry Measure. Wine Measure. 1 Myrialiter = 10 Cubic Meters = 233.72 + bu. = 2611.4 + gal. 1 Kiloliter = 1 Cubic M<^ter = 28.372 + bu. = 264 17. gal. 1 Hectoliter = 1-10 Cubic Meter = 2.8372 + bu. = 26.417 gal. 1 Dekaliter = 10 Cu. Decimeters = 9 .08 quarts. =2.6417 gal. 1 Liter = 1 Cu. Decimeter = .90S quarts. = 1.0567 qt. 1 Deciliter = l-lOCu Deciraeter= 6.103i cu. in. =.845 gill. 1 Ceatiliter = 10 Cu.Oentimeters== .6102 cu. in. = .338 fluid oz. 1 Milliliter = 1 Cu. Centimeter = .061 cu. in. = .27 fluid dr. The gram is the unit of weight, and equal to the weight of a cube of distilled water, the edge of which is one-hundreth of a meter, equal to 15.432 troy grains. WEIGHTS A>'D MEASURES 431 10 Milligrams, w.rj. 10 Centigrams, eg. 10 Decigrams, dg. 10 Grams G. 10 Dekagrams, Dg. 10 Hectograms, Hg. 10 Kilograms, - Kg. 10 Myriagrams, or, Mg. 100 Kilograms 10 Quintals, or ) 1000 Kilos S ^ TABLE. ^ 1 Centigram == 1 Decigram = 1 Gram = 1 Dekagram = 1 Hectogram ^^ -t \ Kilogram, ( OT, Kilo == 1 Myriagram [ = 1 Quintal } = \ Tonneau, or Ton .15432 = gr. Troy 1.54324 = " 15.43248 = " .35273 = oz. Avoir 3.52739= " 2.20462 = lb. " 22.04621 = " 220.46212 = " 2204.62125= " The Mhgj'am, or kilo, is the unit of common weight in trade and is a tifle less than 2g pounds Avoirdupois The tonneau is used for weighing very heavy articles, and is about 204 pounds more than a common ton. Units of the Common System may be readily changed to units of the Metric System by the aid of the following TAJBLE. 1 Inch 1 Foot = lYard IRod 1 Mile 1 Sq. Inch = 1 Sq. Foot = 1 Sq. Yard= 1 Sq. Rod = 1 Acre 1 Sq. Mile = . 2.54 Centimeters. '■■ 30.48 Centimeters. '■■ .9144 Meter. ■■ 5.029 Mrters. 1.6093 Kilometers. = 6.4528 Sq. Centimet. = 929 Sq. Centimeters. ■■ .8361 Sq. Meter. = 25.29 Centiares. 40.47 Ares. 259 Hectares, 1 Cu. Inch = 1 Cu. Foot ■■ ICu.Yard = 1 Cord 1 Fl. Ounce -■ 1 Gallon 1 Bushel 1 Troy Gr. 1 Troy lb. 1 Av. lb. 1 Ton 16.39 Cu. Centimet. 28320 Cu. Centimet. .7646 Cu. Meter. 3.625 Steres. 2.958 Centiliters. ■ 3.786 Liters. = .3524 Hectoliter. = 64.8 Milligrams. = .373 Kilo. = .4536 Kilo. = .907 Tonneau. ENGIilSH MEASURES. Liquid Measures. 9 Old Ale Gallons 4 Firkins 7^ Imperial Gallons 52^ Imperial Gallons or 63 Wine 70 Imperial Gallons or 84 Wine «' 2 Hogsheads, that is 105 Imperial Gallons or 126 Wine 2 Pipes make 1 Firkin. " 1 Barrel of Beer. " 1 Firkin. " 1 Hogshead. ,1 1 Puncheon or i of a Tun. " 1 Pipe. 1 Tun. Dry Measure. 8 Bushels of 70 Pounds each 36 " heaped measure, NoTK.— The quarter of wheat is 560 pounds, or i of a ton of 2,340 pounds. make 1 Quarter of Wheat. 1 Chaldron of Coal. 432 IINGLISH "Weights. 8 Pounds of Batcher's Meat make 1 Stone. 14 " " other commodities " 1 " or ^ of a cwt 2 Stone, or 28 Pounds " 1 Ton of Wool. 70 Pounds of Salt " 1 Bushel. Note. — ^The English quarter is 28 pounds, the hundred weight is 112 pounds, and the ton is 20 hundred weight, or 2,240 pounds. Measures of Extension. l8 Inches make I Cubit. 45 Inches or i " 1 Ell 5 Quarters of the Standard Yard j Note. — The cubit was originally the length of a man's forearm and hand ; or the distance from the elbow to the end of the middle finger. American and English weights and measures are generally iden- tical. The following are — ENGLiISH MISCELXiAIfEOUS WEIGHTS AND MEAS- imES. Great Britain. A dicker of hides, 10 skins. Ditto, of gloves, 10 dozen pairs. A last of hides, 20 dickers. A standard gallon contains 10 lbs. avoirdupois of distilled watei. A barrel of beer, 36 gallons. A hogshead of beer, 54 gallons. A stone of fish. 14 lbs., and of wool 14 lbs. The same for horseman's weight, hay, iron, shot, etc. A ton contains 42 cubic feet. Flour, peck or stone, 14 lbs, Flour, boll of 10 pecks or stones, 140 lbs. Flour, sack of 2 bolls, 280 lbs. Flour, barrel, 196 lbs. — 8 gallons, a bushel of corn. 3 bushels of corn, a quarter. A last of corn or rape-seed, 10 quarters, or 80 bushels. A last of potash, codfish, white herrings, meal, pitch and tar, 12 barrels. A last of flax and feathers, 17 cwt; of gunpowder, 24 barrels, or 2,400 lbs.; of •wool, 4,568 lbs. A ton in weight is 20 cwt. of iron, etc., but in lead there is 19^ cwt., called a fodder, which is 2,184 lbs. A tod of wool is 28 pounds. A pack of wool, 240 pounds. 4 lbs. avoirdupois is equal to 5 lbs. troy, nearly. A firkin of butter. 56 lbs. A pipe of port, 115 imperial gallons. A pipe of Lisbon, 117 imperial gallons. A pipe of Cape or Madeira, 92 imperial gallons. A pipe of Teneriflfe, 100 imperial gallons. A butt of sheiTy, 108 imperial gallons. A hogshead of claret, 46 imperial gallons. An Auln of hock, 30 imperial callous. A poud in weight is 36 poundsRussian,. Pipes of wine are of different capacities as above shown. WEIGHTS AND MEASURES. 433 (W >^ — cj ~ m < O -3 ^ C»£ 0\ 0) J. V- OS tS <» o a.- ^- '< ■ a, f^zo ■ ■ Ei w ^ ^ H R <1 » » Q (B & o? S^2 o a 2 o t; >Cf5 :;2 5 ^ r^ 00 ^ ^ CrJ^ ^ ►_. 2. P" S. S ET — - «. 25 "^ _ o S- s= m -1 ^ C tE ° — S ^w ^^^-^ ^ |.g « aS|s-| fo ;:::£ o co p ►o '^— 5"- ^^ P* t^rt^ ° 3 2 d tr " — si_^S" -' fo o P sa<2t0O00CJtP«.t3- PPP5SPPj3;2P~!3 pppaPpptsSSS _OOOC5rf^t«tOoOOOS »<^'S' ! P rr «■ .. - - - '^ 5 - - - - p c:. ppppcr«>icr"^p 2" B' ;;■'-'• 23 *"■ * p S' ^' O P DO 2. 9 B it oq CD p 2 ® so P B-5. ^P »" m CD _ P^ o 2 CO p^ p g. ►?' b' "i' P O P P ^ P —^ CO -^ p p 35 6 2 6 03 5 CD S^ CQ O £p^ PPBOOoSag^ -. ►< ^ ao-g B ^ ^ g O B fs^ p P a:^cLB-' 3 a ►-.POq P-^ CO CO O ^ ' > a SJ P ;? p 5- - :^ a- fsS-^ •si C _P B ^ ::r':2 ;:t 0- the ract nd lorn 2 2,0 g ~ \;p p ^ 9 t>3 § !5 2,g. tr* < S-r*'^ t-i 2 P-P-P ^ CD C» c § P ^ P B g rema n and 1 ill mos nd to ft S.-' S 2- a 1— .»< S ?< • "^ ^ 00 ^ -< '" H O B P 21.0 CD B 0.5 P i3 R o cc 2. p-S - C6 O §^« 2 ?;5 p'<* g" S- p p o 5."^ p P'^ p ' ® wis- O "I CD •- o cs ?r O p-p p a o a C ^ P" Hi p <« a 2 --2 (> 2 B ~ w CO "O 00 ructed e insp and t B-o p p sis. " P C ^ CD So" •^ ^ g . 1880, in and by which I have given and bequeathed to my son Georg-e one hundred shares of the capital stock oftlie Bank of California, possessed by me, together with the farm known as the "Dairy Farm," on Petaluma Creek, in this county; and to my daughter Mary one hundred shares of the capital stock of the Nevada Bank of San Francisco possessed by me, together with one hundred shares of the capital stock of the Standard Mining Company, the said mine being located at Bodie, Cal.; now, there- fore, I do, by this ray writing, which I hereby declare to be a codicil to my last will and testament, and to be taken as a part thereof, order and declare that my will is, that after the said legacy to my beloved wife, all the residue of my real and personal estate shall be divided eoually between my several children, share and share alike. In witness whereof, etc. [The codicil should be executed with the same formalities as to witnesses, their residences, etc., as the original will.] Olographic Will. I, George F. Baker, of the city of San Jose, county of Santa Clara, and State of California, knowing the uncertainty of life, and being of sound and disposing mind and memory, do make and publish this, my last will and testament. First — I commit my soul to the Great Ruler of the Universe, and my body to be buried in Oak Hill Cemetery, beside that of my lamented father. Should I die in a foreign land, or elsewhere than at home, T wish ni}'^ remains brought here and buried as di- rected, the expenses to be paid out of my estate. I wish my lot in said cemetery, and the grave therein, to be kept always green, and the lot in repair. For tliis purpose I wish the sum of $250 to be annually appropriated. My mother and my sister Lulu may be buried in my said lot, should they so desire, but no other person. Second — I direct that the income of my estate, after deducting the cliarges hereinbefore provided for, shall be equally divided be- tween my mother and my sister Lulu. Upon ♦the death of either of them, then I direct that the whole of such income shall be paid to the survivor, such payments to be made and continue during life. I desire that my property shall be so invested as to certainly secure a regular and permanent income, and to that end to be placed, if possible, in first-class national or State securities, or loaned on first mortgages on real estate: Provided, That no such loans shall be for more than forty (^40) per cent, of the appraised value of the real estate loaned upon, and interest due shall be promptly collected. 29 450 HOMESTEAD. Third — Upon the death ot ray mother and sister, I direct that the net income of my estate shall be devoted forever to maintain an art museum in the city of San Jose. The fund I thus provide may not ])rove sufficient to support more than a modest institution, but 1 trust that the liberality of other citizens v/ill swell the en- dowment from time to time, so that the museum may become the pride of our wealthy and beautiful city. Fourth— -Y bequeath to James W. Rea, of Santa Clara, Califor- nia, my repeater watch, which I trust he will carry and keep as a memento of the high regard in which I hold him as a true and faithful friend. jPifth — I hereby revoke any and all wills or will heretofore made by me. Sixth — I hereby appoint my mother, Maria A. Baker, Columbus Bartlett, of San Francisco, and James W. Rea, of Santa Clara, exec- utrix and executors of this my last will and testament. In witness whereof I have hereunto set my hand at San Jose, this 26th day of May, 1881. George F. Baker. Under the California Civil Code, and in Louisiana, an " olo- graphic" will may be made by any person capable of disposing of property, which will have a construction as if made in the most solemn form. The code says: "An olographic will is one that is entirely written, dated, and signed by the hand of the testator himself. It is subject to no other form; and may be made in or out of this State, and need not be witnessed." Form of Declaration of Homestead. Know all men by these presents, that I, , of the town of , county of , and State of , am married and the head of a family; that I do hereby certify and declare that I now reside upon and claim as a homestead for myself and ray said faraily, under and by virtue of the laws of said State in such case made and provided, the following described lot, piece, and parcel of land, situated in said town of , to wit: Commenc- iug at — [Here set out a careful description of the property claimed as a homestead.] together with, all and singular, the tenements, hereditaments, and appurtenances thereunto belonging or in any wise appertaining; and that I estimate the cash value of said land and appurtenances at dollars. In witness whereof 1 have hereunto set my hand and seal this day of , A. D. 18 — . ACKNOWLEDGMENT. 4-51 The declaration should be acknowledged before some oflScer authorized to take the acknowledgment of deeds, and recorded in the office of the county recorder of the county in which the home stead is situated. Form for Abandonment of Homestead. Know all men by these presents, that we, and his wife, of the town of , county of , and State of , do hereby abandon, release, and discharge from any and all claim by us as a homestead, of the lot, piece, and parcel of land situated in said town of ■ and bounded and described as follows, to wit: Commencing at — [Describe the land as it was described ia the declaration of homestead, or cor- rectly.] together with, all and singular, the tenements, hereditaments and appurtenances thereunto belonging or in any wise appertaining. In witness whereof we have hereunto set our hands and seals this day of , a. d. 18 — . . [seal.] . [seal.] The abandonment must be acknowledged and should be re- corded as the declaration. The acknowledgment may be substantially as follows: Form of Acknowledgment. State of , County of y ss. On this day of , a. d. 188 — , before me, a in and for said county (if a notary public, duly commissioned and sworn) personally appeared the above-named • , and his wife, to me known to be the persons named in and who exe- cuted the above (or annexed) instrument as parties thereto, and they severally acknowledged to me that they executed the same freely and voluntarily for the uses and purposes therein mentioned; and the said , after being by me made acquainted with the contents of said instrument, upon an examination had, separate and apart from, and without the hearing of her said husband, ac- knowledged to me that she executed the same freely and volun- tarily, and without fear or compulsion or undue influence of her husband, and that she does not wish to retract the execution of the same. In witness whereof I have hereunto set my hand (and affixed my official seal) the day and year in this certificate above written [L. S.] . Notary Public. 462 ACKNOWLEDGMENT. The following are statutory forms of acknowledgment provided hj the Civil Code of California, and must be substantially com- plied with: Ackno"wledg^ent. State of California, ) County of . f On this day of , in the year , before me [Here insert the name and quality of the office.] personally appeared ■ , known to me (or proved to me on the oath of ) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he (or they) exe- cuted the same. [Title of officer.] Form of Acknowledgment by a Corporation. State of California, County of '' On this day of , in the year , before me — [Here insert the name and quality of the officer.] personally appeared , known to me (or proved to me on the oath of ) to be the president (or the secretary) of the corpo- ration that executed the within instrument, and acknowledged to me that such corporation executed the same. [Title of officer.] Form, by a Married Woman. State of California, County of . f On this day of , in the year , before me— [Here insert the name and quality of the officer.] personally appeared , known to me (or proved to me on the oath of ) to be the person whose name is subscribed to the within instrument, described as a married woman ; and upon an examination without the hearing of her husband, I made her acquainted with the contents of the instrument, and thereupon she acknowledged to me that she executed the same, and that she does not wish to retract such execution. JUDGMENTS. 453 Form, by an Attorney in Fact. State of California, }^ County of . ) On this day of , in the year . before me — [Here insert the name and quality of the officer.] personally appeared , known to me (or proved to me on the oath of ) to be the person whose name is subscribed to the within instrument as the attorney in fact of , and acknowl- edged to me that he subscribed the name of thereto as principal, and his own name as attorney in fact. Officers taking and certifying acknowledgments or proof of instruments for record, must authenticate their certificates by affixing thereto their signatures, followed by the names of their offices; also their seals of office, if by the laws of the State or country where the acknowledgment or proof is taken, or by authority of which they are acting, they are required to have official seals. The certificate of proof of acknowledgment, if made before a justice of the peace, when used in any county other than that in which he resides, must be accompanied by a certificate under the hand and seal of the clerk of the county in which the justice re- sides, setting forth that such justice, at the time of taking such proof or acknowledgment, was authorized to take the same, and that the clerk is acquainted with his handwriting, and believes that the signature to the original certificate is genuine. Form of Judgment by Default. [Title of the Court,] John Doe, ") Plaintiffs \ vs. V RiCHAKD KOE, I Defendant. J In this action the defendant, Richard Roe, having been regularly served with process, and having failed to appear and answer to plaintiff's complaint filed herein, the legal time for answering hav- ing expired and no answer or demurrer having been filed, the default of the said Richard Roe, defendant, having been duly entered according to law, upon the application of said plaintiff (to the clerk), judgment is hereby entered against said defendant, in 454 JUDGMENTS. pursuance to the prayer of said complaint. Wherefore, by virtue of the law and by reason of the premises aforesaid, it is ordered, adjudged, and decreed, that John Doe, the said plaintiff, do have and recover from the said defendant, Richard Roe, the sum of dollars, etc., with interest thereon at the rate of per cent, per — — , from the date hereof until paid; together with said plaintifi's costs and disbursements incurred in this action, amounting to the sum of dollars (in gold coin). Judgment rendered this day of , a. d. 18 — . \ Form of Judgment by the Court, without Jury. [Title of court.] John Doe, Plaintif, vs. Richard Roe, Defendant, j This cause came on regularly for trial on the day of , A. D. 18 — , , Esq. , appearing as counsel for the Dlaintiff, and , Esq., for the defendant. A trial by jury having been expressly waived by the respective parties, the cause was tried before the court sitting without a jury; whereupon witnesses on the part of plaintiff and defendant were duly sworn and examined, and the evidence being closed the cause was submitted to the court for consideration and decision; and after due deliberation thereon the court orders that ■ ; wherefore by reason of the law and the premises aforesaid, it is ordered, adjudged, and decreed by the court, that John Doe, the plaintiff, do have and recover of and from Richard Roe, the defendant, , together with said plaintiff's costs and disburse- ments incurred in this action, amounting to the sum of dol- lars, etc. , Judge. Form of Certificate of Record of Judgment. Judgment recorded , a. d. 18 — . Clerk's office of the court, of the State of , in and for the county of . I, the undersigned, clerk of said court, do hereby certify the foregoing to be a true copy of the judgment entered in the above- entitled action. Attest my hand and the seal of said court, this day of , A. D. 18—. , Clerk., [l. s.j By , Deputy Clerk. JUDGMENTS. 455 Form of Judgment on Verdict in Open Court [Title of court.] John Dok, 1 Plaintiff. I 'VS. [ Richard Roe, Defendant. This cause came on regularly for trial. The said parties appeared by their respective attorneys, , Esq., counsel for plaintiff, and , Esq., for the defendant. A jury of (twelve) persons was regularly impaneled and sworn to try said action. Witnesses on the part of plaintiff and defendant were sworn and examined. After hearing the evidence, the argu- ments of counsel, and the instructions of the court, the jury re- tired to consider of their verdict, and subsequently returned into court, and being called, answered to their names, and say, " We, the jury in this cause, find a verdict for the [Set out the words of the verdict.] Wherefore, by virtue of the law, and by reason of the premises aforesaid, it is ordered, adjudged, and decreed that said have and recover from said -, together with his costs and disburse- ments incurred in this action, amounting to the sum of dol- lars. Judgment recorded the day of , a. d. 188 — , on page of Book of Judgments. Clerk's office of the court, etc. [And as follows on pasje 454.] Form of Decree of Foreclosure and Sale in Open Court. [Title of court.] John Doe, "| Plaintiff., vs. R. Roe, Defendant. This cause coming on reguiarly to be lieard tliis day of , A, d. 188 — , upon the complaint filed lierein on the — — day of , 188 — , and upon due proof of the filing of notice of the pen- dency oi this action, containing the names of the parties to, and the objects of, the action, and the description of the property aftected thereby, upon the day of , a. d. 188— (the time of filing said complaint), in the office of the county recorder of the county of , where said property is situated, and recording the same in said recorder's ofiice, and upon the submission of the promis.^ory note and tlie mortgage described in the complaint to 456 JUDGMENTS. the court for examination, and the court having heard the proofs necessary to enable it to render judgment herein; and it duly ap- pearing to the court from said promissory note and mortgage, and from the testimony of , who was sworn and examined as a witness in said action, that there is now due to the plaintiff from the said defendant, R. Roe, for principal and interest upon the debt and mortgage mentioned, and set forth in the complaint, the sum of dollars and cents, which said sum is to draw and bear interest at the rate of per cent, per annum from the date hereof; and it appearing that all the allegations contained in the said plaintiff's complaint are true: Now, on motion of , Esq., counsel for the plaintiff, John Doe, it is ordered, adjudged, and decreed by the court, that, all and singular, the mortgaged and incumbered property mentioned in the said complaint and hereinafter described, or so much thereof as may be necessary to raise the amount so found to be due to the plaintiff for the principal and interest on said debt and mortgage, as above stated, and costs of suit amounting to, and taxed at, dollars and expenses of sale, and counsel fee allowed for —dol- lars, be sold at public auction by, or under the direction of, the sheriff of the county of , where the said mortgaged premises are situated ; that said sale be made in said county; that the said sheriff give public notice of the time and place of such sale accord- ing to the course and practice of the court and the law relative to sales of real estate under execution; and that the plaintiff, or any of the parties to this suit, may become the purcliaser at such sale; that the said sheriff, out of the proceeds of said sale, retain his fees, disbursements, and commissions on said sale, and pay to the plain- tiff, or his attorney, out of the proceeds, the plaintiff's costs in this suit, so taxed at dollars aforesaid, and the said sum of dollars, fixed by said mortgage and allowed by the court as counsel fees of foreclosure, with interest thereon from this date at the rate of per cent, per annum, and also the amount so found due, as aforesaid, to wit: the said sum of dollars, together with interest thereon at the rate of per cent, per annum from the date of this decree, or so much thereof as the said proceeds of sale will pay of the same (and that the said sheriff take iecei])ts for the amounts so paid and return the same to this court, with his report of sale, and that he bring the surplus money arising from said sale, if any there be, into court within five days after such surplus shall have been received, and shall be ascertained, to abide the farther order of this court); that the defendant and all persons claiming, or to claim, from or under him, and all persons having liens subse- quent to said mortgage, and all persons claiming under them, and all j)ersons claiming to have acquired any estate or interest in said premisG's subsequent to the filing of said notice of the pendency of this action with the recorder as aforesaid, ho forever barred and foreclosed of and from all equity of redemption and claim of, in, JUDGMENTS. 457 and to, said mortgaged premises, and every part and parcel thereof, from and after the delivery of the said sherift's deed. And it is further adjudged and decreed, that the purchaser or purchasers of said mortgaged premises at such sale be let into pos- session thereof on production of the sheriff's deed for such premises, or any part thereof. And it is further adjudged and dec-reed, that, if the money arising from the said sale shall be insufficient to pay the amount so found due to the plaintiff, as above stated, with the interest, and costs, and expenses of sale, as above stated, the sheriff specify the amount of such deficiency and balance due to the plaintiff in'his return of said sale, and that, on the coming in of said return, a judgment of this court shall be docketed for the balance against the defendant, R. Eoe, and that the defendant, R. Eoe, who is personally liable for the payment of the debt secured by said mortgage, pay* to said plaintiff, John Doe, the amount of such deficiency and judgment, with interest thereon at the rate of per cent, per annum from the date of said last mentioned return and judgment, and that the plaintiff have execution therefor. And it is further ordered, adjudged and decreed, that the said sale be made for (gold coin) of the United States, and that the amount found due to the plaintiff at the time of such sale as above stated be paid to said plaintiff in like money, and if there be a deficiency, the judgment therefor be for the amount thereof in like (gold coin.) The^ description and particular boundaries of the property authorized to be sold under and by virtue of this decree, so far as the same can be ascertained from the mortgage referred to, or from the complaint filed in this action, are as follows, to wit: [Here describe the property as in the complaint and mortgage.] Done in open court this day of a. d. 188 . , Judge. [Office of the clerk of, etc.] Form of Undertaking on Injunction. TTitle of court. | Ira Fenn, "] Plaintiff., vs. l JoHN MeRRYMAN, I Defendant. J Whereas the above-named plaintiff has commenced an action in ^^ court of , in and for the county of , aoainst the above-named defendant, and has also commenced proceedings in 458 UNDERTAKING said action against the said defendant for a writ of injunction against said defendant; and whereas the said plaintiff has obtained an order from said court that upon the plaintiff" filing with the clerk of said court an undertaking, conditioned according to law, with two or more sufficient sureties in the sum of dollars, that an injunction issue in said action enjoining- and restraining the said defendant from the commission of certain acts, as in the complaint tiled in the said action, is more particularly set forth and described; now therefore, we, the undersigned, residents and householders (or freeholders) of the county of , and State of -, in consid- eration of the premises and of the issuing of said injunction, do jointly and severally undertake in the sum of dollars, and promise to the effect, that in case said injunction issue, the said plaintiff will pay to the said part — enjoined, such damages, not exceeding the said sum of dollars, as such part — may sustain by reason of the said injunction, if the said court finally de- cide that the said plaintiff was not entitled thereto. Dated this day of , a. d. 188-. . [seal.] . [seal.] Form of Justification to the Above. State of , County of ^ ^ ' and , the sureties whose names are subscribed to the above undertaking, being severally duly sworn, each for himself says, that he is a resident and householder (or freeholder) within the county of aforesaid, and that he is worth the sum specified in the above undertaking, as the penalty thereof, over and above all his just debts and legal liabilities and property exempt from execution. Subscribed and sworn to before me, this day of , A. D. 18 — . Form of Certificate of Clerk to Official Character and to Signature of Officer, State of , C(junty of '' " ■ I, , clerk of county, State of , and ex officio clerk of the court, which is a court of record, do hereby certify that . whose name is subscribed to the annexed as , CERTIFICATES. 459 was at the date of the same (and is now) a in and for s;dd county, duly elected (or commissioned) and qualified, and author- ized by law to , and that full faith and credit are due to all his official acts as such; and I do farther certify that I am acquainted with the handwriting and signature of the said , and that I believe the signature attached to the annexed is his genuine signature. In witness whereof, I have hereunto set my hand and affixed the seal of said court, at my office, in the county of aforesaid, this day of , a. d. 188-. [seal.] ) Clerk. Form of Certificate of Approval. BY OFFICER AUTHORIZED TO APPROVE OFFICIAL BOND, TO BE INDORSED ON THE BOND. County of , ss. I, , of said county, do hereby approve of the sufficiency of the within bond and of the sureties thereto; and I hereby certify that , named within, this day took and subscribed the oath of office as ("indorsed upon his commission" if a commissioned officer) in the words and figures following, to wit : OFFICIAL OATH IN NEVADA. State of Nevada, ) County of . j -, do solemnly swear (or affirm) that I will support, pro- tect and defend the Constitution and Government of the United States and the Constitution and Government of the State of Ne- vada, against all enemies, whether domestic or foreign; and that 1 will bear true faith, allegiance and loyalty to the same, any ordi- nance, resolution or law of any State convention or Legislature to the contrary notwithstanding; and further, that I do this with a full determination, pledge and purpose, without any mental reser- vation or evasion whatsoever; and I do further solemnly swear (or affirm) that I have not fought a duel nor sent or accepted a chal- lenge to fight a duel, nor been a second to either party, nor in any manner aided or assisted in such duel, nor been knowingly the bearer of such challenge or acceptance since the adoption of the Constitution of the State of Nevada; and that I will not be so en- gaged or concerned, directly or indirectly, in or about any such land during my continuance in office; and further, that I will, well and faithfully, perform all the duties of the office of , on which 460 CRIMINAL I am about to enter (if an oath), " so help me God" (if an affirma- tion), under the pains and penalties of perjury. (Signed) . Sworn to and subscribed before me this day of , A. D. 188—. OFFICIAL OATH IN CALIFORNIA. State of California, ] County of . j I do solemnly swear (or affirm, as the case may be), that I will support the Constitution of the United States and the ConstitutioB of the State of California, and that I will faithfully discharge the duties of the office of to the best of my ability. '(Signed) , Sworn to and subscribed before me, this day of , A. D. 18—. Form of Complaint in Cases of Misdemeanor and in Criminal Actions. [If in California, substantially as follows:] In Justice's Court of Township, in and for the County of- and State of California. The People of the State OF California, Plaintifs, vs. John Doe, Defendant. Personally appeared before me, this day of , a. d. 18 — , Richard Roe, of township, in the county of , who, being first duly sworn, complains and says: That one John Doe, of said township and county, on the day of , a. d. 18 — , at said township, in the county of (one overcoat of the value of thirty dollars), of the goods and chattels of him, the said Richard Roe, the said John Doe did feloniously take, steal and carry away; all of which is contrary to the form of the statute in such case made and provided, and against the peace and dignity of the people of the State of California. Said complainant therefore prays that a warrant may be issued for the arrest of said John Doe, and that he may be dealt with according to law. Richard Rok. Subscribed and sworn to before me, this day of , A. D. 18 — . Justice of the Peace in and for said county- COMPLAINTS. 461 [If in Nevada, the complaint should be substantially as follows:] In Justice's Court of Township, of ConDty, and State of Nevada. The State of Nevada, Plaintiff. V8. Richard Roe, Defendant. County of , ss. , being first duly sworn, complains, and accuses Richard Roe of (here state the ofiense, whether a misdemeanor or crime, which in this case we will suppose to have been an "assault and battery"), committed as follows, to wit: The said Richard Roe did, on the day of , a, d. 18 — *, at the town of , in said county of , with a club, which he, the said Richard Roe, then 'and there held in his hands, beat, bruise and wound one Mary Roe, the wife of said Richard Roe, upon the head, breast, and person of the said Mary Roe, contrary to the form of the statute and against the peace and dignity of the State of Nevada. Wherefore complainant prays tliat a warrant may be issued for the arrest of the said Richard Roe, and that he be dealt with, according to law. Sworn to and subscribed before me, this day of January, a. d. 18 — . Justice of the Peace for said Township. Plrst. If the complaint be for petit larceny, it should read after the * in the foregoing complaint: "Feloniously take, steal, and carry away certain goods ^d chattels, to wit: (here insert a de- scription of the articles taken) of the value of (less than fifty dol- lars) dollars, the property of , with intent to steal, and convert the same to his, the said own use, contrary to the form of the statute," etc. Second. If the charge be grand larceny of goods of any kind, the value of the property should be stated at a greater sum than fifty dollars (unless it be of amalgam in California; taking any amount of which from sluices, sulphuret machines, rifles, etc. , constitutes "grand larceny"). If the larceny be of live-stock the complaint should read after the * in the foregoing complaint: "Willfully and feloniously steal, take and carry away, lead and drive away certain chattels, to wit: [Here describe the animals so that they may be identified.] Of the value of dollars, being the property of , with in- tent to steal the same and convert it (or them) to his own use, con- trary to the form of the statute," etc. 462 JUSTICE. If burglary be charged the complaint should read, after the * (unless it be a burglary which could be committed in the day- time): " In the night-time to wit: between the liours of- o'clock p. M. of the day of , and • o'clock a. m. of the day of , A. D. 188 — , willfully and feloniously break and enter a certain house of (the rightful occupant), with intent, then and there, to steal, take, and carry away certain goods and chattels, the property of (or with intent to commit some other crime), contrary to the form of the statute," etc. If an assault with intent to commit murder be charged, the com- plaint, after the *, should read: " Willfully and feloniously and with malice aforethought (shoot) bruise (beat) and wound the complainant (or one ), with intent, then and there, to kill and murder him, the said , contrary to the form of the statute," etc. If murder be the charge the complaint should read substantially, after the *: " Feloniously and willfully and with mal'ice afore- thought, shoot (cut, stab, or whatever means were used, and with a pistol, or other instrument, which he, the said , then and there had in his hand, etc.) kill and murder one , then and there being-, with intent, then and there, to kill and murder him, the said , contrary to the form of the statute," etc. Form of Charging Embezzlement Against an OflBLcer of a Corporation. That said A F, at (stating place, county, and State), on or about the day of , a. d. 18 — , did feloniously embezzle, steal, and convert to his own use, without the assent of said corporation, or of its trustees (or directors), certain property of said corpora- tion, to wit, money, evidences of debt, and other property of said corporation, of the value of dollars or more, with intent tlien and there to embezzle, steal, and convert the same to his, the said A F's own use, contrary to the form of the statute and against the peace and dignity of the State of . Wherefore complainant demands the arrest of said A F, and that he be dealt with according to law. Jurat. The foregoing tecimical words are substantially required in crim- inal complaints, but — If the committing magistrate be satisfied, upon the examination, that a defendant has committed a crime, be will hold him, not- withstanding defects in the complaint, until the complaint can be amended or a new one filed; for in criminal as well as in civil actions pleadings in justices' courts are not held to such nicety and precision of language as are pleadings in courts of record. CRIMINAX FORMS. 463 Form of Warrant of Arrest. In Justice's Court of Township, of County, State of . The State of (be careful of you7' process) to any Sheriffs Constable, Marshal, or Policetnan in the County of , Greeting: A complaint upon oath having been this day laid before me by ■, that the crime of grand larceny has been committed, and ac- cusing thereof, you are therefore commanded forthwith to arrest the above-named , and bring him before me forthwith, at my office, in said township, in said county of , or in case of my absence, or inability to act, before the nearest and most accessible magistrate in this county. Dated at my office in said township this day of , a. d. 18—. Justice of the Peace of said Township. INDORSEMENT OV SERVICE. I hereby certify that I received the within warrant on the day of , A. D. 18 — , and served the said warrant by arresting the within-named defendant , and bringing him into court this day of , 18 — . Sheriff of County. By , Deputy. COMMITMENT OF PRISONER. The within named , having been brought before me under this warrant, is committed for examination to the sheriflt of county. Dated tliis day of , 1883. Justice of the Peace of said Township. Form of Comjnitm.ent on Being Held to Ans-wer. In the Justice's Court of Township, in the County of , State of . The People of the State of , to the Sheriff of tfie County of An order having been this day made by me, that be held to answer upon a charge of — [Here insert the name of the crime charged.] committed in said county, on or about the day of 188—: 464 JUSTICE. These are therefore to command you, the said sherifi, to take and keep the said [Name of prisoner.] into your custody, and detain until be legally dis- charged. And I hereby order that the said — be admit- ted to bail in the sum of dollars. Dated this day of ■, 18 — . Justice of the Peace in a/ad for said County. Ponn of Judgment of Fine and Imprisonment by the Court. In the Justice's Court of Township, in the County of , State of ■ — — . [Or " the State of," as the process is given in the Constitution of the State.] The People of the State OF . Plaintiff's^ vs. Defendant. A complaint under oath having been filed in this court on the day of , A. D. 18 — , charging said defendant, -^ of a certain public offense, to wit, , committed on the day of , A. D. 18 — , and a warrant of arrest having been duly issued on said day of , a. d. 18 — , for the arrest of said defend- ant, and said defendant having been duly arrested and there- after, on the day of , a. d. 18 — , tried before this court with (or without) a jury, and by the found guilty as charged in the complaint; and, all and singular, the law and the premises being by the court here understood and fully considered, and no sufficient cause appearing to the court why judgment should not be pronounced against said defendant : Wherefore, it is by the court here ordered and adjudged that for said offense you, the said , do pay a fine of dollars, and be imprisoned in the county jail of said county until said fine shall be paid, not exceeding '■ days. Done in open court this day of . a. n. 18 — . Justice of the Peace. certificate of justice. Office of the Justice of the Peace, Township. Countj^ of — SB. I, , Justice of tlie Peace of the county of , do hereby CRIMINAL FOKMS. 465 certify that the foregoing is a full, true and con-ect copy of the judginent duly made and entered on the minutes of the said justice's court in the above-entitled action on the day of , A. D. 18—. , . Attest my hand, at the township of , in the county of y this day of , a. d. 18 — . '. ' Justice of the Peace in and for said County of . To the Shenffof County: Ton are hereby notified that the foregoing is a certified copy of the judgment entered in the minutes of said court in the above- entitled cause, which is your warrant for the execution of said judgment. Justice of the Peace. Form of Commitment after Judg-ment. In the Justice's Court of Township, of the County of and State of . The State of , ) vs. > John Doe. \ State of County of ss. The State of , to the Sheriff of the County of , Greeting: Whereas, John Doe, having been duly convicted in the justice's court of township, of .the county of- , State of , of the crime of assault and battery as charged in the complaint, upon oath, in the above-entitled criminal action, and by said court sen- tenced and adjudged, as a punishment for said crime, to pay a fine of three hundred dollars, and in default of payment of said fine to be imprisoned in the county jail of the county of , State of , for the period of one hundred and fifty days, or until said fine shall be paid at the rate of (two dollars) per day for each day of such imprisonment, as appears by the folloAving full, true and correct copy of the judgment rendered by said court and entered in the minutes and docket of said court in the above-entitled criminal action. 30 466 JUSTICE. MINUTE DOCKET. In the Justice's Court of Township, County of -, State of State of , County of , Court-room of said Court, ss. 18—. in open court. Present presiding: , Justice of the Peace of Township. The State of vs. John Doe, Convicted of Assault and Battery. In this action the defendant personally appears for sentence. The court renders its judgment: That whereas the said John Doe having been duly convicted in this court of the crime of assault and battery, it is ordered and adjudged, as a punishment therefor, that the said John Doe pay a fine of three hundred dollars, and in default of payment thereof that said John Doe be imprisoned in the county jail of the county of , State of , for the period of (one hundred and fifty) days, or until said fine shall be paid at the rate of (two dollars) per day for each day of such imprison- ment; and whereas said fine has not been paid, these are, there- fore, in the name of the State of , to command yoa, the said sherift of the county of , forthwith to take, arrest, and safely keep and imprison the said John Doe in the county jail of the said county of — — , State of , for the period of (one hundred and fifty) days, or until said fine be paid or satisfied; and these presents shall be your authority for the same. Witness my hand this day of , IS — , Wm. H. Young, ^ Justice of the Peace of the township of , County of . >■ ss. State of , County of I hereby certify that the within and foregoing is a true copy of the judgment entered in the within entitled case. Justice of the Peace, Tmvnship of — — , County of . [The style of all legal process in any State must he that prescribed by the Con- stitution of such State, -whether it he '* The State of ," or "The People of the State of ," or the process will be void.] Miscellaneous Forms, Etc. The writ of habeas corpus has for many generations been con- sidered one of the most efficient safeguards to human liberty, and, ever since the great magna charta was forced by a determined HABEAS CORPUS. 467 people from their unwilling king, has been jealously guarded by Englishmen, and by all people where the common law prevails. Where it exists no man can long be restrained of his liberty, ex- cept by due process of law and the judgment of courts legally constituted. Form of Petition for a Writ of Habeas Corpus. In the District Court of the Judicial District (or in the Su- perior Court) of the State of , in and for the County of . In the matter of the application | of John Doe for a writ of >■ Habeas Corpus. \ To the Hon. , Judge of the District (or Superior) Court of the Judicial District of the State of , in and for the county of . The petition of John Doe respectfully shows: That your pe- titioner is unlawfully imprisoned, detained, confined, and re- strained of his liberty by one , at --, in the county of , State of ; that the said imprisonment, detention, confinement and restraint are illegal, and that the illegality thereof eonsists in this, to wit: [Here state the legal reasons why the petitioner should not be confined, or re- strained of liberty.] Wherefore your petitioner prays that a writ of habeas corpus may be granted, directed to the said , commanding him to have the body of your petitioner before Your Honor, at a time and place therein to be specified, to do and receive what shall then and there be considered by Your Honor concerning your petitioner, together with the time and cause of bis detention, and the said writ, and that your petitioner may be restored to liberty. John Doe. Dated , . VEKIPICATION of PETITION. State of , " ) County of . f John I)oe, being duly sworn, says that he is the petitioner named in the foregoing petition; that he has heard the said pe- tition read and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters which are therein stated on his information and belief, and as to those mat- ters, that he believes it to be true. John Doe. Subscribed and sworn to before me, this day of , A. D. 188—. Notary Public (or one who can legally administer an oath). 468 DITOKCE. Any person can procure the issuance of a writ of habeas corpus in behalf of any other person who is illegally restrained of lib- erty. DIVORCE. Although marriage is a civil contract, many unwise parties to the contract, soon after making it, forget or neglect the civilities which lead them to form the alliance, and commit some act which, the laws make a legal cause for annulling the contract; and, as divorces in these days are quite ordinary occurrences, after stating that the statutes enumerate many causes for divorce, among which are impotency, adultery unforgiven, willful desertion, willful neg- lect, habitual drunkenness, extreme cruelty, and conviction of a felony; and, for the purpose of illustrating to the non-professional reader the manner of proceeding in such cases, omitting the ser- vice of summons, etc., we will suppose that some man has forgot- ten his duty to his truest friend and abused her, and she brings her bill for a divorce Form of a Bill For a Divorce. In the Court of the State of , in and for the County of . Makgaret Quaekel, "] Plaintiffs \ William Quarrel, Defendant. J Margaret Quarrel, the plaintiff in this action, complains of Will- iam Quarrel, the defendant above named, and for cause of action avers: That plaintiff is now, and for more than six months last past has been, a resident of county, and State of ; That the plaintiff and defendant in this action intermarried at the (town or city) of , State of -, on the day of , a. d. 18 — , and cohabited together as husband and wife until on or about the day of , a. d. 18 — ; That, during said time plaintiff" was a true, faithful, and loving wife to her said husband, and in all things performed toward him her marital vows; Tliat, on divers days and times during the said time, said defendant treated this plaintiff with great and extreme cruelty with- DIVORCE. 469 out any just cause or provocation therefor on tlie part of plain- tiff; That, on or about the day of , 188 — , said defendant, without just cause or provocation therefor, violently and rudely pushed plaintiff out of her bed and did, then and there, beat and bruise plaintiff about her head and shoulders, and did, then and there, [Whatever may be the cause of action must be stated concisely.] falsely and maliciously call plaintiff ' ' a damned and a damned ," and other vile and opprobrious epithets and names grievous to be borne, and did, then and there, falsely and maliciously accuse plaintiff of having committed divers adul- teries with divers persons, and particularly with one , and did, then and there, greatly and cruelly injure and wound the feelings of plaintiff, and other wrongs and cruelties did said defendant, then and there and at divers other times, commit against plaintiff, to plaintiff's great injury; And plaintiff avers that she is of a sensitive and affectionate nature and disposition, and that she is unable to bear the cruelties above named and other cruelties inflicted on her by said defend- ant: [If the wife has property, or if any property has been acquired since the mar- riage, the fact should be set out here, together with its value ; so of children, the issue of the marriage.] "Wherefore, ]3laintiff ]3rays the decree of the court that the bonds of matrimony heretofore existing between plaintiff and defendant be dissolved and forever annulled (that she be awarded the property above described, if there be any, and if there were children of the marriage it should be alleged in the complaint, their names and ages given, and their custody prayed for here), and for costs against defendant and for such other and general relief in equity in the i^remises as to the court may seem fit. Maegaeet Quasrel, The bill should be verified. By A B' ■, her Attorney. Form of Findings in an Action for Divorce, In the Court of tlie State of , in and for the County of Margaret Quarrel, Plaintiff-^ vs. Wm. Quarrel, Defendant. This cause having been brought on to be heard this • day of — j — , 188-, the court hears the testimony of and witnesses, offered on the ])art of plaintiff, and witness, 470 DIVORCE. offered on the part of the defendant, whereupon, the evidence on behalf of the respective parties being all submitted, the court finds the following facts, to wit: That the parties to this action, plaintiff and defendant, are legally before the court by due process of law ; that the plaintiff has been a resident of said county and of the State of more ^han six months prior to the commencement of this action ; That the plaintiff" and defendant intermarried with each other on or about the day of , a. d. 18 — , and have cohabited together since that time; that on the day of , a. d. 18 — , and at divers other times, the defendant treated the plaintiff with great and extreme cruelty, not being moved thereto by an act or just cause of provocation on the part of plaintiff, and to the great injury of the plaintiff's person and feelings. The court further finds that there is no common property belonging to the parties to this action (or as the case may be). As a conclusion of law from the foregoing premises, the court finds that the plaintiff is legally entitled to the decree of the court, that the bonds of matrimcmy heretofore existing between the plaintiff, Margaret Quarrel, and the defendant, William Quarrel, be dissolved and forever annulled, and to judgment against the defendant for the costs of this action; and it is so ordered. Judge of said Court. Form of Decree. In the Court of the State of , in and for the County of . Makgaket Quarrel, ^ Plaintiff., vs. William Quarrel, Defendant. ^ This cause having been brought on to be heard on this day of , A. D. 188-, upon the complaint herein taken, as confessed by the defendant (whose default for not answering had been duly entered), and upon the proofs taken herein before the court, from which it appears to the satisfaction of the court that all the ma- terial allegations of the complaint are sustained by the testimony, free from all legal exceptions as to its competency, admissibility and sufficiency; that said mutters, so alleged and proved, are suf- ficient in law to entitle said plaintiff to the relief prayed for in her complaint; that said plaintiff' was a resident of this county of at the time of the commencement of the suit, and was an actual BONDS. 471 resident of this State for a period of six months immediately prior thereto; and it appearing also to said court that said defendant was duly served with process herein, in accordance with the re- quirement of the statute in sudh cases : Now on motion of -, Esq., of ccnmsel for said plaintiff (and on filing the facts found by the court in the premises); It is ordered, adjudged, and decreed, and this court, by virtue of the power and authority therein vested, and in pursuance of the statute in such case made and provided, does order, adjudge, and decree, that the marriage between the said plaintiff, Margaret Quarrel, and the said defendant, William Quarrel, be dissolved, and the same is hereby dissolved accordingly, and the said parties are, and each of them is, freed and absolutely released from the bonds (^f matrimony and all the obligations thereof; and it is fur- ther ordered and adjudged by the court, that the said Margaret Quarrel have judgment against the said defendant, William Quar- rel, for the costs of this suit herein taxed at dollars, and that execution issue therefor. Judge of said Court. BONDS. The conditions of any bond should be made to conform to the condition of the particular case for which it is drawn, whether it be "to keep the peace " toward all persons generally and toward some one person in particular, or to do, or to refrain from doing, any act. Form of Bond. State of County of > S8. Know all men by these presents, that we , (and , — ), of the county of , and State of , as principal, and and , 01 the county of , and State of , as sureties, are jointly and severally held and firmly bound unto , of and assigns, in the sum of— — dollars, to be paid (in gold coin) of the United States of America, unto the said assigns or legal representatives, which payment well and truly to be made we jointly and severally bind ourselves, our heirs, executors, and administrators, firmly by these presents. Sealed with our seals, and dated this day of , a. d. 188-. The condition of the above obligation is such that, whereas — [Here set out the facts on account of which the bond is given.] 472 BONDS. i-Tow, therefore, if the said (the principal) shall in all respects well and truly perform and fulfill each and every his duties (as , whatever the trust or undertaking may be), then this obli- gation shall be void; but otherwise it shall be and remain in full force and virtue. Witness our hand and seals as above stated. . [seal.] . [seal.] . [seal.] Signed, sealed, and delivered in presence of If given by any public officer, or in any legal proceeding, the sureties should justify in the amount for which they severally be- come bound. Form of Bond of Indemnity. Know all men by these presents, that we, , as principal, and and as sureties, are held and firmly bound unto (sherifl of county, or constable of township), county of , and State of , in the sum of dollars (in gold coin), payment whereof well and truly to make, we bind ourselves, our heirs, executors, and administrators, jointly and severally, ficmly by these presents. Witness our hands and seals hereto set, this day ot , A. D. 188-. The condition of the foregoing obligation is such that, whereas, in a certain action at law lately pending in the [Here state the title of the court.] wherein was plaintiff, and was defendant, the said plaintiff did recover judgment against the said defendant for the sum of dollars (in gold coin); and whereas, the said plaintiff did. on the day of , 188- cause an execution to issue on said judgment in due form of law, and did place the same in the hands of as (sheriff of said county, or constable of said town- ship)- and whereas, the said (sherifi or other officer) by virtue of said execution, did, on the day of , 188-, levy upon and has advertised for sale the following described goods, chattels and property, to wit : [Here describe the property claimed by the third party, which has been levied on.] and whereas, , of , claims that he, and not the defendant in said action, is the owner of said property, goods and chattels; now if the snid (the plaintiff in this action) shall save, bear and keep said (sheriff or constable) as aforesaid, harmless in the BONDS. 473 matter, and shall well and truly pay all damages, costs and expenses which said (sheriff or constable) may incur by reason of the sale of said property under and by virtue of said execution, notwithstand- ing the said claims of the said (name ot claimant) or of any other person or persons to the same, then the above obligation shall be void; but otherwise it shall be and remain in full force and effect. Witness our hands and seals, the day above stated. Witnesses: [seal.] [seal.] [seal.] Form of Justification of Sureties. State of , County of ^ and , sureties on the above bond, being duly sworn, say, each for himself, and not one for the other, that he is a resident and householder (or freeholder) of said county, and that he is worth the sum of (the sum named in the bond) dollars, over and above his just debts and legal liabilities and property exempt from execution. Subscribed and sworn to before me this day of , A. D. 188 — . Justice of the Peace. Bond of Indemnity against Double Payment of a Lost Note or Bill of Exchange. Know all men by these presents, that we, A B as principal and C D and E F as sureties, are held and firmly bound unto Gr H, in the penal sura of (at least double the sum due on the lost instrument) dollars, payment whereof well and truly to make, we do hereby jointly and severally bind ourselves, our heirs, exec- utors and administrators, firmly by these presents. Witness our hands and seals hereto affixed this day of , a. d. 18 . The condition of the above obligation is this: That whereas the above bounden A B claims to be the owner of a certain (promissory note, or whatever the lost instrument may be), made, executed and delivered by (the above named G H), to , on or about the day of _ , A. D. 18—, in the sum of dollars, or thereabouts, which instrument was substantially in the words and figures follow- ing, to wit: [Here set out the instrument as nearly as it can be done and so fully as to iden- tiiy It surely.] •' which instrument the said A B claims has been accidentally lost or has been destroyed. [State how and when if it can be done.] 474 BONDS. Now if the said G H shall pay to the said A B the said sum of dollars, claimed to be due on said lost instrument, and if the said A B shall well and truly bear and keep the said G H harmless from all vexations, suits, costs, damages, judgments, and execu- tions, on account of said instrument claimed to be lost as aforesaid, then this obligation shall be void; but otherwise it shall be and re- main in full force and effect. In witness whereof, we have hereunto set our l\ands and seals the day and year in this instrument first above written. • [seal.] [seal.] [seal.] Executor's Bond. Know all men by these presents, that we (name of the executor), as principal, and (names of his sureties), as sureties, and all within the Commonwealth (or State) of — — are holden and stand firmly bound and obliged unto , judge of the probate court in and for the county of in the full and just sum of dollars, to be paid to said judge and his successors in said ofiice; to the true pay- ment whereof we bind ourselves and each of us, our, and each of our heirs, executors, and administrators, jointly and severally, by these presents. Sealed with our seals. Dated the day of in the year of our Lord one thousand eight hundred and eighty- The condition of this obligation is such, that if the above- bounden (name of the executor), executor of the last will and testament of (name of the testator), late of (residence of the testa- tor), deceased, testate, shall, — Firsts Make and return to the probate court for said county of , within three months from his appointment, a true inventory of all the real estate and all the goods, chattels, rights and credits of said testator, which are by law to be administered, and which shall have come to his possession or knowledge: Second^ Administer according to law and the will of said testator all the goods, chattels, rights, and credits, and the proceeds of all the real estate that may be sold for the payment of debts or legacies, whicli shall come to the possessor of said executor, or of any other person for him; and. Thirds Kender upon oath a just and true account of his adminis- tration within one year, and at any other times when required by said court; then this obligation to be void; otherwise to remain in full force and virtue. (Signature of executor.) [seal.] (Signature of surety.) [seal.] (Signature of surety.) [seal.] Signed, sealed, and delivered in presence of 88. 186 — . Examined and approved. (Name of Judge.) Judge of Probate Court. COMPOSITION V.'ITH CREDITORS. 475 COMPOSITION WITH CREDITORS. This is a contract between a •lebtor who is able only to pay a portion ofhis debts with his creditors, whereby they agree to accept a certain sum less tlian the original claim; and, upon the receipt thereof, not to prosecute or trouble the debtor on account of his debt. Form for Composition with Creditors. Know all men by these presents, that whereas John Doe is justly indebted unto us, John Jones, Henry Smith, and Thomas Sharpe, creditors of the said John Doe, in divers sums of money, which he has become unable fully to pay and discharge; therefore we, the said creditors, do consent and agree with the said John. Doe to demand less than the full amount of our respective claims, and to accept often cents for every dollar owing to each of us, the said creditor-; of the said John Doe, in full satisfaction and dis- charge of our several claims and demands; the said sum often cents on a dollar to be paid to each of us, our heirs, executors, and administrators, within the space of thirteen months from the date hereof. And we, the creditors aforesaid, do further severally and respectively covenant and agree with the said John Doe, that he may, within the said time of thirteen months from the date hereof, sell and dispose ofhis goods and chattels, wares and merchandise, at his own free will and pleasure, for the payment of the ten cents on the dollar of each of our respective debts; and that neither of us will, at any time hereafter, sue, arrest, or attach the said John Doe, or his goods and chattels, for any debt now due and owing to us or any of us, provided the said John Doe does well and truly pay, or cause to be paid, the said ten cents for every dollar of each of our several and respective claims against him. And all and each of the covenants and agreements herein contained shall extend to and bind our several executors, administrators, and assigns In witness whereof, etc. Form, for Bottomry Bond. Know all men by these presents, that I, John Doe, now master and commander of the or vessel called the , of the burden of five hundred tons or thereabouts, now lying at the port of , am held and firmly bound unto Richard Roe, of the city of , in the county of , and State of , in the sum of two thousanvl dollars, lawful money of the United States, to be paid to the said Richard Roe, or to his certain attorney, executors, administrators, or assigns; for which payment, well and and truly to be made, I bind myself, my heirs, executors, and administrators, and also the said vessel, her tackel, apparel, and furniture, firmly by these 476 BOTTOMRY BOND. presents. Sealed with my seal, at the city of , this day of , one thousand eight hundred and — — . Whereas, the above-bound en John Doe has been obliged to take up and borrow, and has received of the said Richard Roe, for the use of the said vessel, and for the purpose of fitting the same for sea, the sum of one thousand dollars, lawful money of the United States, which sum is to be and remain as a lien and bottomry on the said vessel, her tackle, apparel, and furniture, at the rate or premium of twenty-five per cent, for the voyage, in consideration whereof, all risks of the seas, rivers, enemies, tires, pirates, etc. , are to be on account of the said Richard Roe . And for the better security of the said sum and premium, the said master doth, by these presents, hypothecate and assign over to the said Richard Roe, his heirs, executors, administrators, and assigns, the said vessel, her tackle, apparel, and furniture. And it is hereby declared that the said vessel is thus hypothecated and assigned over for the security of the money so borrowed, and taken up as aforesaid, and shall be delivered for no other use or purpose what- ever, until this bond is first paid, together with the premium hereby agreed to be paid thereon. Now, the condition of this obligation is such, that if the above- bounden John Doe shall well and truly pay, or cause to be paid, unto the said Richard Roe, his certain attorney, executors, adminis- trators, and assigns, the just and full sum of one thousand dollars, lawful money as aforesaid, being the sum borrowed, and also the premium aforesaid, at or before the expiration of ten days after the arrival of the said vessel at the port of , then this obliga- tion, and the said hypothecation, to be void and of no effect, other- wise to remain in full force and virtue. Having signed and exe- cuted two bonds of the same tenor and date, one of which being accomplished, the other to be void and of no effect. John Doe. [seal.] Sealed and delivered in the presence of 'Note.— Bottomry is the act of borrowing money, and pledging the keel or bottom of the ship (that is, the ship itself) as security for the repayment of the money. The contract of bottomry is in the nature of mortgage— the owner of_a ship boiTowing money to enable him to carry on a voyage, and pledging the ship as security forlhe money ; but if the ship is lost, the lender loses the money; if she arrives safe, he is to receive back the money lent, with the interest agreed upon, although it may exceed the legal rate of interest. The tackle of the ship is also liable as well as the ship itself, and the borrow^er is likewise personally re sponsible if the ship arrive. Respondentia is where the money is borrowed upon goods shipped, instead of the ship itself. CORPORATIONS. Private corporations are formed by the voluntary association of (five) or more persons, for some purpose permitted by the COKPOKATIONS. 477 statutes of a State. The "Articles of Incorporation" must state the name of the corporation, its object, its purpose, the place where its principal business is to be transacted, the number of its direct- ors or trustees, and the names and residences of those who are appointed for the first year (or in some States for the first six months); the amount of its capital stock and the number of shares into which it is divided; and if there be a capital stock the amount actually subscribed and by whom. The articles should be signed and acknowledged by the trustees, and filed with the county clerk of the county in which the business of the company is to be transacted, and a (certified) copy thereof filed with the Secretary of State, who will (in California) issue to the corporation, over the great seal of the State, l. certificate that such articles, contain- ing the required statement of facts, have been filed in his oflSce. The incorporation will be perfected by these acts so far as to make the parties a corporate body. Form of Articles of Incorporation. State of County of . f Know all men by these presents, that we the undersigned, under and by virtue of the provisions of the statutes of the State of , providing for the formation of corporations for certain purposes, do hereby certify, agree and declare, each for himself and not one for the other, that we will, and by these presents do, form ourselves into a body politic, and incorporate, under the fol- lowing provisions and restrictions, to wit: Article I. The name of said corporation shall be the (Pacific Star Quartz Mining Company). Article II. The object for which this company is formed is to mine for the precious metals in quartz. Article III. The principal place of business of said company shall be in the town of , county. State of . Article TV. The company shall continue its corporate existence for the period of twenty-five years, from and after the filing of these pres- ents in the oflice of the Secretary of State of . 478 power of attorney. Article V. The number of its directors or trustees shall be three; and the following named persons shall constitute the board of trustees, and manage the business of the company during the first year, to wit: J. F. Johnson, R. S. Maynard, and G. K. Hendel, all of whom reside in said town of . Article YI. The amount of its capital stock shall be fifty thousand dollars, subject to be increased or diminished according to law; and said stock shall be divided into five hundred shares, subject to be en- larged or diminished in proportion with the capital stock. Of the capital stock above named, each of the parties to these presents has subscribed for one hundred shares. Article YII. The board of trustees of this company shall meet immediately after the filing of these presents, and adopt by-laws for the govern- ment of the company, and all necessary and proper arrangements for carrying out the objects herein expressed, and as to them may seem for the best interests of the company. [seal.] [seal.] [seal.] [seal.] TSEAL.] State of , 88. County of -.1 On this twenty-first day of October, a. d. 1882, before me. a notary public in and for said county, duly commis- sioned and sworn, personally appeared , , , , and , to me personally known to be the individuals described in, and who executed the foregoing instru- ment as parties thereto, and they severally acknowledged to me that they executed the same freely and voluntarily, and for the uses and purposes therein mentioned. In witness whereof, I have hereunto set my hand and afiixed my official seal the day and year in this certificate above written. [seal.] Notary Public. Form of Special Power of Attorney. Know all men by these presents, that of , county of and State of , have made, constituted and appointed. and by these presents do make, constitute and appoint true POWER OF ATTOKNEY. 479 and lawful attornej — for and in name — , place and stead, to giving and granting unto , said attorney — , full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as — might or could do if personally present, hereby ratifying and confirming all that , said attorney, shall lawfully do or cause to be done by virtue of these presents. In witness whereof, have hereunto set hand — and seal — the day of , one thousand eight hundred and eighty- Signed, sealed and delivered in the presence of [seal,.] [seal.] Form of General Power of Attorney, Know all men by these presents, that , of , county of and State of , have made, constituted and appointed, and by these presents do make, constitute and appoint true and lawful attorney — for and in name — , place and stead, and for use and benefit, to ask, demand, sue for, recover, collect and receive all such sums of money, debts, dues, account, legacies, bequests, interests, dividends, annuities, and demands whatsoever, as are now or shall hereafter become due, owing, payable, or belonging to , and have, use and take all lawful ways and means in name — or otherwise for the re- covery thereof, by attachments, arrests, distress or otherwise, and to compromise and agree for the same, and acquittances or other sufiicient discharges for the same, for , and in name — , to make, seal and deliver; to bargain, contract, agree for, purchase, receive and take lands, tenements, hereditaments, and accept the seisin and possession of all lands, and all deeds and other assur- ances in the law therefor; and to lease, let, demise, bargain, sell, remise, release, convey, mortgage and hypothecate lands, tene- ments and hereditaments upon such terms and conditions, and under such covenants as shall think fit. Also, to bargain and agree for, buy, sell, mortgage, hypothecate, and in any and every way and manner deal in and with goods, wares and mer- chandise, choses in action, and other property in possession or in action, and to make, do and transact all and ever}' kind of business of what nature and kind soever, and also for and in name — , and as act and deed, to sign, seal, execute, deliver and acknowledge such deeds, covenants, indentures, agreements, mortgages, hypothecations, bottomries, charter-parties, bills of lading, bills, bonds, notes, receipts, evidences of debt, releases 480 PKOTESTS. and satisfaction of mortgage, judgment ana other debts, and such other instruments in writing of whatever kind and nature as may be necessary or proper in the premises. Giving and granting unto , said attorney — , full power ana authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as might or could do if per- sonally present; hereby ratifying and confirming all that said attorney — shall lawfully do or cause to be done by virtue of these presents. In witness whereof, have hereunto set hand — and seal — the day of , one thousand eight hundred and . . [seal.] I . [seal.] . [seal.] Signed, sealed and delivered in the presence of Form of Protest. United States of America, State oi , County of ,ss. By this public instrument of protest, be it known, that on this day of , in the year of our Lord one thousand eight hun- dred and , at the request of , who holder of the original , whereof a true copy is hereinafter written, I, a notary public in and for said county of , aforesaid, re- siding therein, duly commissioned and sworn, did this day pre- sent the annexed to and demand payment thereof, which was not made. Whereupon I, the said notary, at the request aforesaid, did pro- test, and by these presents do publicly and solemnly protest, as well against the drawer or maker of the said as against all others whom it doth or may concern, for all exchange or re-ex- change, damages, costs, charges, and interests, suffered or to be suffered, for want of of the said . Thus done and protested in - — , county of , on the day and year aforesaid. In testimony whereof I grant these presents under my signature, and the impress of my seal of office, in county of , on the day and year first above written. Notary Public. [Here insert a copy of the note or bill of exchange protested.] I, the undersigned, notary, do hereby certify, that the parties to the , whereof a true copy is hereinbefore written, have been NOTAKIAL FORMS. iSl duly notified of the protest thereof, b}'^ letters to them by me written and addressed, dated on the day of the said protest, and served on them respectively, in the manner following, viz.: [Here explain how the parties were notified of the protest, whether in person, by mail, express, or otherwise.] In faith whereof I have hereunto signed my name and affixed my official seal this day of , one tliousand eight hundred and . Notary Public Form of Notice of Protest. United States of America. [Place and date.] 188 — . Sir : Please take notice that a certain , dated , a. d, , for the sum of dollars, payable , drawn by -, in favor of , was this day presented by me to at , and thereof demanded, which was refused, and the said having been dishonored, the same was this day protested by me for the non thereof, and the holder — look — to you for the payment thereof, together with all costs, charges, interest, expenses and damages already accrued, or that may hereafter accrue thereon by reason of the non of said . Very respectfully yours, etc.. Notary Public. Form, of AfB.davit for Examination of Judgment Debtor, Supplemental to Return of Execution Unsatisfied. In the Court of the District of the State of , in and for the County of . 1 Plaintiffs vs. Defendant. J State of , County of , ss. , being duly sworn, says that (he is the attorney for the plaintiff in the above-entitled action); that the said plaintiff, on or about the day of , a. d, 18 — , recovered a judgment in said action in the court of the district of the State of , in and for the county of , against the defendant in said 31 482 LEGAL FORMS. action, for seven hundred and ninetj-one dollars or thereabouts, for damages and costs, which judgment was dul^y entered and dock- eted in the office of the clerk of said court, in the said county of , being the county where said defendant then resided and in which the judgment-roll in said action is filed, to be executed according to law; and that an execution issued by vii'tue of said judgment was placed in the hands of the sherifl of said county and has been returned unsatisfied; that the said judgment still remains in full force and effect and is wholly unsatisfied, and not reversed, vacated, or set aside. That, as affiant is informed and verily believes, the said defend- ant now resides in county and has property, which he unjustly refuses to apply toward the payment or satisfaction of said judg- ment, and that he endeavors to conceal the same. Wherefore, affiant prays the order of this honorable court, directed to the said , and requiring him to appear before the court at , on the day of , a. d. , and answer be- fore the court concerning his said concealed property. Subscribed and sworn to before me, this day of , 188-. , Clerk, By Deputy Gl&rk, (cr Justice of the Peace). B'orm of Order of Court to Appear Before Him Supple- mental to Process of Execution Unsatisfied. State of , , „^ DO. County of -.1 On reading the foregoing affidavit and it satisfactorily appear- ing to me therefrom that , the defendant — in the above-entitled action, ha — property which — — unjustly refuse — to apply toward the satisfaction of the judgment in said action, and that it is a proper case for this order, and on application of the plaintiff 's attorney — I, the undersigned, — — of the said of the of the State of , do hereby order, and require the said defend- ant — personally to be and appear before , at , in , in the county of , on the day of , a. d. 18-, at o'clock in the ; noon of that day, to answer concerning property; and that a copy of said affidavit and of this order be previously served upon said defendant. I)ated this day of , a. d. 188-. District Judge {or Justice of the Peace'). LEGAL FORMS. 483 Form of Sheriff's Certificate of Sale of Real Estate on Execution. In the Court in and for the County of , State of . Plaintiffs I vs. Defendant, j I, , sheriff ot the county of , do hereby certify tliat, by virtue of an execution in the above-entitled action, tested the day of , A. D. 188-, by which I was commanded to make the amount of dollars of the United States, to satisfy the judgment in said action, with costs and interests thereon, out of the personal property of -, the defendant- in said action, and if sufficient personal property could not be found, then, out of the real property belonging to the said defendant- on the day of , A. D, 18 — , or at any time thereafter, as by the said writ, reference being thereunto had, more fully appears; I have levied on, and this day sold at public auction, according to the statute in such cases made and provided, to , who was the highest bidder, therefor for the sum of dollars of the United States, which was the whole price paid by him for the same, the real estate particularly described as follows, to wit: [Here insert a description of the property sold.] That the price of each distinct lot and parcel was as follows (here state each parcel sold and the amount paid for each), and that the said real estate is subject to redemption in (state kind of money) of the United States, pursuant to the statute in such cases made and provided. Given under my hand, this day of , a. d. 18 — . Sheriff., By , Deputy Sheriff. Form of Certificate of Sale on Foreclosure. I, , sheriff of the county of , State of , do hereby certify that, under and by virtue of an order of sale issued out of the court of the Judicial District of the said State, in and for the county of , in the action of against , rendered on the . day of , 18 — , and entered on the day of , 18—, duly attested the day of , 18 — , and to me, as such sheriff*, duly directed and delivered, whereby I was commanded to sell the property hereinafter described, ac- cording to law, and to apply the proceeds of such sale toward the satisfaction of the judgment in said action, amounting to the 4:84: CRIMINAL DEFINITIONS sum of dollars, with interest and costs of suit, I duly levied on, and on the day of , 18 — , at o'clock — m., at the court-house door, in the town of , in the said , county of , I duly sold at public auction, according to law, and after due and legal notice, to , who made the highest and best bid therefor at such sale, for the sum of dollars, which was the whole sum paid by , the real estate in said order of sale, lying and being in said , county of , State of , and de- scribed as follows, to wit: [Here insert a description of the estate sold.] and I do hereby further certify that the said property was sold in lot — or parcel — , and that the sum of was the high- est bid made, and the whole price paid therefor, and that the same is subject to redemption in (state the kind of money named in the order of sale), pursuant to the statute in such case made and pro- vided. Given under my hand, this day of , 18 — . , Sherif, By , Deputy Sherif. DEFINITIONS AND FUETHER FORMS IN CRIMINAX. LAW. Assaiilt. An assault is an unlawful attempt coupled with a present ability to, commit a violent injury on the person of another. Punishment — fine not exceeding % and imprisonment. The intent constitutes the gist of any criminal offense. "Where, on a trial for an assault to commit murder, the court instructed the jury to convict, if they found that the defendant made the assault with a deadly weapon upon the person named, about the time charged, and in such a tnanner that the offense would have been murder in the second degree, had the assault resulted in death, held unobjectionable. — State vs. Keithj 9th Nev. 15. Assault with Intent to Kill. INDICTMENT. In the Court of the Judicial District of the State of ■ in and for the County of . and foems. 485 The State of *, Plaintiff vs. r,] Defendant. The defendant , above named, is accused by the grand jury of the county of , by this indictment, of the crime of an assault with intent to kill, committed as follows, to wit : That on the day of , a. d. 18 — , or thereabouts, and before the finding of this indictment at the county of , and State of , without authority of law, and with malice aforethought, with a deadly weapon, to wit, with a knife, did make an assault in and upon the person of one , with intent then and there to kill him, the said , contrary to the form of the statute and against the peace and dignity of the State of . District Attorney. JThe above form of indictment was sustained by the supreme court of Nevada, at the November term, 1876. The following is the better form. Indictment, full Form, under Code. In the District Court of the Judicial District, — State of , County of: The State of vs. At a term begun and holden in county, on the Monday of , in the year of our Lord one thousand eight hun- dred and seventy-seven, and continuing in session, at the time of finding this indictment. Present, the Honorable , pre- siding. is accused by the grand jury of the county of- , by this indictment, of the crime of an assault with intent to kill, com- mitted as follows, to wit: That he, the said , on or about the day of , a. d. 188—, and before the finding of this in- dictment, at the county of , and State of , with a deadly weapon, to wit, a pistol loaded with gun-powder and leaden bullets and capped with percussion caps, did make an assault upon the person of one • , with said pistol, with intent then and there to kill the said , contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of . District Attoriiey, County, State of . *The style of the process must be that prescribed by the Constitution of the State or by the organic act of theTerritory. 486 CRIMINAL LAW Burglary. Burglary, at common-law, is the felonious breaking and entering a dwelling-house in the night time, with intent to commit a felony; but by the statutes of many States the rule is enlarged, and burglary is, under such statutes, the felonious breaking and entering any building, at any time, with intent to commit either a felony or a misdemeanor. A felony is a crime made punishable by statute, either by for- feiture of the life of the criminal, or by imprisonment in the State's prison. A misdemeanor is a crime made punishable by imprisonment in the county jail, or by both fine and such imprisonment, or by fine only. For instance, an assault with intent to kill, grand larceny, rape, robbery and murder are felonies, while simple assaults, petit larceny, etc. , are misdemeanors. The nature of the crimes may be of similar character, but they difter in degrees of turpitude by force of statutes. The intention of the person who commits an act, at the time of its commission, determines the guilt or innocence of the party who commits it Murder. Murder is the unlawful killing of a human being, with malice aforethought, either express or implied. Blackstone says, ' ' Murder is when a person of sound memory and discretion unlawfully killeth any reasonable creature in being, and under the king's peace , with malice aforethought, eitlier ex- press or implied." — Blackstone^ Vol. 4, p. 195. See Christian's note to page 201 'ibid^ killing ghost. Express malice is that deliberate intention unlawfully to take away the life of a fellow creature which is manifested by external circumstances capable of proof. Malice is implied when no considerable provocation appears, or when all the circumstances of the killing show an ahandoned and malignant heart. A person on trial for murder can not avail himself of threats or menaces previously made against him by deceased, unless he at the time of the killing was actually assailed, or had suf- ficient evidence to convince a reasonable person that he was in AMD FORMS. 487 danger of incurring bodily injury, or of losing his life at the hands of deceased. In a murder case where it app.eared that threats to kill had been made by deceased against defendant some time before the homi- cide, but that the fatal meeting with deceased had been sought by defendant for the avowed purpose of killing him, the court in- .structed the jury that ''''all antecedent threats are dependent upon the facts at the time of the hilling^ and, in order to justify the hilling^ it must appear that at the time of the homicide there was some action which would induce a reasoncihle m/in to believe that he was in danger of losing his life^'"' held no error. — State vs. Sail, 9th Nev. 58; Wharton C. Z., § 1026, Vol. ± In a murder case where the defense is justification on account of irresistible fear or passion caused by acts of deceased, and without time to cool, the question for the jury to consider is, whether there loas time for a reasonable man to cool his passion or quiet his fears, not whether the one vms cool or quieted. — State vs. Mall, 9th Nev. 58. The view expressed in the above instruction, which was sus- tained in the Supreme Court of Nevada, seems to be in conflict, somewhat, with 129 of Wharton & Stiles, Medical Jurispru- dence. — Wharton c& Stiles, Vol. 1, § 129. If insanity be pleaded as a defense, it must be shown that the hilling teas the result of the delusion itself The immediate prod- uct of the delusion. — Wharton c& Stiles, Vol. 1, § 145. "In every charge of murder, the fact of the killing being first proved, all the circumstances of accident, necessity or infirmity are to be satisfactorily pr ^.-i.- c r i.^ x- a j ■ f Petition for Letters of Admm- ' Deceased. \ ^^tration. To the Honorable the Court of the County of , State of—; The petition of , of said county respectfully shows: That died on or about the day of , 188-, in the county of of . That • said deceased at the time of death was a resident of the county of , State of . That said deceased lefc estate in the said county of , State of , consisting of property; that the value and character of said property, so far as known to your applicant, are as follows, to wit: [Here give the kinds and value of the property.] Tliat the estate and effects for or in respect of which letters of administration are hereby applied for do not exceed the value of dollars, . That the next of kin of said deceased and wiioiii your petitioner advised and believe — and therefore 496 PETITION TC> allege — to be the heir — at law of said deceased , aged years, residing at . That due search and inquiry have been made to ascertain if said deceased left any will and testament, but none has been found, and according to the best knowledger in- formation and belief of your petitioner — , said deceased died in- testate; that your petitioner , of said deceased, and therefore as your petitioner advised and believe entitled to letters of administration of said estate; Wherefore, your petitioner — pray — that a day of court may be appointed for hearing this application; that due notice thereof be given by the clerk of said court by posting notices according to law, and that upon said hearing, and the proofs to be adduced, letters of administration of said estate may be issued to your peti- tioner. And your petitioner — will ever pray, etc. Dated , 188-. Petition to Set Apart Homestead. In the Court, in and for the County of , State of In the Matter of the Estate of ) x) ^.v ^ r* i.^.- ^ ( retition tor Decree setting apart r^ T { Homestead for use of Family Deceased. J '' To the Hon. , the Court in and for the county of , State of . The petition of , deceased, respectfully shows : That said deceased was a resident of the county of , at the time of death, and left estate in — — . That letters were issued to , on the day of 188-, and that on the day of , 188-, said duly returned an inventory and appraisement of said estate to said court; that a certain quantity of land in said inventory and hereinafter par- ticularly described, together with the dwelling-house thereon and its appurtenances, was selected by said deceased in lifetime, and was occupied by said deceased and family at the time of death as a homestead; that since the said time of death, and up to this date, ha — remained in possession of said homestead; that the same does not exceed in value the sum of dollars, and was appraised, as appears by said inventory and appraisement, at the sum of dollars only; that said selec- tion was made by said deceased , declaring inten- tion, in writing, to claim the same as a homestead ; that said declaration stated the value of said land, and that was mr.rried; that at the time of making such declaration residing with family on said premises (said Dremises being PROBATE JUDGE. 497 particularly described in said declaration), and that it was intention to use and claim the same as a homestead, which said declaration was signed by the said part — making the same, and acknowledged and recorded as conveyances affecting real estate are required to be acknowledged and recorded; that tlie family of said deceased consists of ; that the said quan- tity of land hereinbefore referred to is situated in said county of , State of , and is bounded and particularly described as follows, to wit : [Here give the boundaries carefully.] Wherefore your petitioner — pray — that the said homestead, consisting of said quantity of land, together with the dwelling- house thereon and its appurtenances, be set apart for the use of the family of said deceased. And your petitioner— will ever pray, etc. Dated , 188-. Attorney for Petitioner. Petition for Family Allo-wance. In the Court in and for the County of , State of . In the Matter of the Estate \ Petition for Order setting apart Per- OF , V sonal Property for use of Family, Deceased. ) and for Family Allowance. To the Hon. , Judge of the ^ Court in and for the County of , State of . The petition of , deceased, respectfully shows: That on the day of , 18 — , an inventory and appraisement of said estate were duly returned to said court; that as appears by said inventory and appraisement said estate has been appraised at the sum of dollars; that the debts of said estate do not exceed, in all probability, the sum of dollars; and that said estate is solvent; that your petitioner advised and believe — that the following personal property belonging to said estate, and mentioned in said inventory and appraisement, is by law exempt from execution, to wit: [Here set out the property.] That the amount of said personal property which is by law exempt from execution, is insufficient for the support of of said deceased, and that an allowance out of the said estate is necessary for the maintenance of the said family; and that the sum of dollars per month is a reasonable allowance, according to the circumstances of said family. Wherefore your petitioner — pray — that all of the said personal property may be set apart for the use of the said family; and that 32 498 PETITIONS TO an allowance of dollars per month be made for the maintenance of said family, out of said estate, during the progress of the settlement of said estate. And your petitioner — will ever pray, etc. Dated , 18—. . Petition for Support of Family. In the Court, in and for the County of , State of In THE Matter of the Estate of ) Petition for Provision for Sup- , > port of Family until Return of Deceased. ) Inventory. To the Hon. , Judge., in and for the County of , State of . The petition of , deceased, respectfully shows: That said died on the day of , \% — , leaving ; that letters of the estate of said deceased have been granted to , and that no inventory has yet been re- turned; that said without estate of own, and wholly dependent upon said estate for maintenance; that said estate is amply able to provide an allowance to said for support, to the extent of dollars per month, which is a reasonable amount for that purpose, according to circumstan- ces and accustomed mode of life: Wherefore your petitioner — pray — that an allowance out of said estate, to said amount of dollars per month, be made by Your Honor for the support of the family of said deceased, until the return of said inventory. And your petitioner — will ever pray, etc. Dated , 18—. Petition for Sale of Personal Property. In the Court of the County of , State of In the Matt er of the Estate of j p^^.^.^^ ^^^ ^^^^^ ^^ g^j^ ^^ ' T\ J \ Personal Property. Deceased. ) ^ "^ 1o the Hon. , Judge of the Court of the County of , State of . The petition of , deceased, respectfully shows: That on the day of , 18—, letters of the estate of said deceased were issued to your petitioner — and that said letters have not been revoked: PROBATE JUDGE. 499 Wherefore jour petitioner — pray — that after due notice given of the hearing of this application, an order a sale of , or that such other or further order may be made as is meet in the premises. And your petitioner — will ever pray, etc. Bated , 18—. Petition for Distribution of Estate. In the Court of the County of , State of In the Matter of the Estate of ) t^ , .^. n r\- ^ -i ^ /. 1 1 etition tor Distribution of Deceased. ( ^'^^^^- To the Hon. the Court of the Cmviity of . State of The petition of , deceased, respectfully shows: That your petitioner appointed such by the order of this court on the day of , a. d. 18 — , and on the day of • , A. D. 18 — , he — duly qualified as such , and thereupon entered upon the administration of the estate of said deceased, and ha — ever since continued to administer said estate; that on the day of , A.D. 18 — , your petitioner — duly made and re- turned to this court a true inventory and appraisement of all the estate of said deceased which had come to possession or knowledge; that on the day of , a. d. 18 — , your peti- tioner — duly published notice to creditors to present their claims against the said deceased, in the manner and for the period pre- scribed by this court; that more than ha — elapsed since the appointment of your petitioner — as such , and more than months have expired since the first publication of said notice to creditors; that on the day of , a. d. 18 — , your peti- tioner — filed accounts as such , which said accounts, after due hearing and examination, were finally settled; that all the debts of said deceased and of said estate, and all the expenses of the administration thereof thus far incurred, and all taxes that have attached to or accrued against the said estate, have been paid and discharged, and said estate is now in a condition to be closed; that the residue of the said estate now remaining in the hands of your petitioner — is fully set forth and described in the schedule marked "A," hereunto annexed and made a part of this petition. That the said estate is property, that the said died — testate, in the county of , on the day of , A. D. 18 — , leaving surviving : [Here give the names of those who are entitled to distribution from the estate.] That the said entitled to , the residue of said estate . 500 PETITION FOE GDABDIAN. Wherefore your petitioner — pray — that the administration of said estate may be brought to a close, and that — he — may be discharged from trust as such . That after due notice given and proceedings had, the estate re- maining in the hands of your petitioner — as aforesaid may be distributed to the said part — entitled thereto as aforesaid, to wit: the sum of to , etc., [Give the names, and amount due each heir.] or that such other or further order may be made as is meet in the premises. And your petitioner — will ever prav, etc. Bated , 18—. " . Petition for Appointment of Guardian. In the Court in and for the County of , State of Iir The Matter of the Estate"] AND Guardianship of ( Petition for Appointment of , [ Guardian. Deceased. To the Hon. , Judge of the — County of , State of ■ The petition of respectfully shows: That your peti- tioner is (the mother or friend) of , minor — child— of ; that said minor — ha — no guardian legally appointed by will, and resident — of , and ha — estate within , which needs the care and attention of some fit and proper person; that said estate consists of: [State what the property is and its condition.] That therefore it is necessary and convenient that a guardian be appointed to the person — and estate — of said minor — ; that said is of the age of years, [State names and ages of the children, etc.] and said minor at present under the care of -^ ; That the only relative — of the said minor — residing in said coiiuty of . Wherefore your petitioner prays that Your Honor appoint , a fit and proper person, or such other person as a guardian of said minor — , and that Your Honor cause such notice to be given to the said as Your Honor shall on due inquiry deem reasonable. And your petitioner will ever pray, etc Dated . 18—. Attorney for Petitioner. BONDS. 501 Belease of all Demands. Know all men by these presents, that of the county of , of , for and in consideration of the sum of — dollars of the United States of America to in hand paid by of the county of aforesaid, released \and forever discharged, and by these presents do, for , heirs, executors and administrators, release and forever discharge the said heirs, executors and administrators, of and from all, and all man- ner of actions and causes of actions, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, controversies, agreements, promises, variances, trespasses, dam- ages, judgments, extents, executions, claims and demands whatso- ever, in law or in equity, which against the said ever had or now have, or which or heirs, executors or administra- tors hereafter can, shall, or may have, for, upon, or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the date of these presents. In witness whereof have hereunto set hand and sea 1 this day of , one thousand eight hundred and eighty . [seal.] . [SEAIi. ] Signed, sealed and delivered . in the presence of Bond for Deed of Miningr Property. Know all men by these presents, that s.- held and firmly bound unto in the sum of dollars, of the United States of America, to be paid to the said , executors, administrators or assigns; for which payment well and truly to be made, bind , heirs, executors and admin- istrators, iirmly by these presents. Sealed with : seal — and dated the day of , one thousand eight hundred and eighty — — . The condition of the above obligation is such, that if the above bounden obligor shall, on the day of , one thousand eight hundred and eighty , make, execute and deliver unto the said or to assigns (provided that the said shall, on or before that day, have paid to the said obligor — the sum of dollars, of the United States of America, the price by said agreed to be paid therefor), a good and sufficent deed for conveying and assuring to the said free from all incumbrances, all right, title and interest, estate, claim and demand, both in law and equity, as well in possession 502 JUSTICE. as in expectancy, of, in or to that certain portion, claim and min- ing right, title or property on certain vein — or lode — of rock containing precious metals of gold, silver and other miner- als, and situated in the Mining District, county of and of , and described as follows, to wit; [Here insert a careful and correct description of the mining property bonded.] Then this obligation to be void, otherwise to remain in full force and virtue. [seal.] . [seal.] Signed, sealed and delivered in the presence of Power of Attorney to Sell Mining Property. Know all men by these presents, that have made, constituted and appointed, and by these presents do make, constitute and appoint true and lawful attorney — for r and in name — , place and stead, and for use and benefit to grant, bargain, sell, remise, release, convey and quit claim to wliom, and upon such terras as said attorney — may- deem best, all of right, title and interest, estate, claim and demand, both in law and m equity, as well in possession as in ex- pectancy, of, in or to that certain portion, claim and mining right, title or property, on that certain vein or lode of rock containing precious metals of gold, silver and other minerals, and situated in the Mining District, county of , and of , described as follows, to-wit: [Describe the property fully and carefully.] Giving and granting unto said attorney — full power and authority to do and perform all and every act and thing whatso- ever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as might or could do if personally present, hereby ratifying and confirming all that said attorney shall lawfully do or cause to be done by virtue of these presents. In witness whereof, — — have hereunto set hand — and seal — the day of , one thousand eight hundred and eighty- * . [seal.] . [seal. ] Signed, sealed and delivered in the presence of *Tl)e power or attorney and bond should be recorded in the county whei*© the mine is located. builder's contract. 503 Builder's Contract. Articles of agreement, made this day of , one thousand eight hundred and eighty , between , as party of the first part, and contractor as party of the second part, witness: 1st. The said part of the second part, do hereby, for heirs, executors and administrators, covenant, promise and agree with and to the said part — of the first part, execu- tors, administrators and assigns, that the said part — of the second part executors and administrators, shall and will, for the consideration hereinafter mentioned, on or before the • day of , A. D. 188-. well and completely erect and finish the building — [Here insert the kind of building to be erected, whether of brick, stone or otherwise, and the lot of land (describing it carefulljO where the building is to be erected.] conformable to the drawings and specifications made by archi- tect — and signed by the parties and hereunto annexed, within the time aforesaid, in a good, workmanlike and substantial manner, to the satisfaction, and under the direction of the said architect — , to be testified by a writing or certificate under the hand of the said architect — and also shall and will find and provide such good, proper and sufficient materials of all kinds whatsoever as shall be proJDer and sufficient for completing and finishing all the (foun- dations, walls, floors, ceilings, roofings, doors, windows, etc., in- cluding all things the contractor is to furnish), and other works of said building mentioned in the specification for the sum of dollars, and the said part of the first part, do hereby, for heirs, executors and administrators, covenant, promise and agree, with and to the said part of the second part of the first part, executors or administrators, shall and will, in consideration of the covenants and agreements being strictly performed and kept by tlie said part — of the second part, as specified, well and truly pay. or cause to be paid unto the said part — of the second part — executors, administrators or assigns, the said sum of dollars, of the United States of America, in the manner following, to wit: {Twenty thousand dollars when the masoro looik is completed; twenty thousand dol- lars when all the plasterers work has heen done,' twenty thousand dollars when all the windows are put in^ etc. Set out the full manner of payment, whatever it may be. * ^ * * *^ Provided., That in each of the said cases a certificate be obtained and signed by the said architect — to the effect that said has been completed, up to the time of the making of said certificate, in accordance with this agreement and said specifications; and it is hereby further agreed by and between the said parties, that, 504 builder's contract. First — The specifications and drawings are intended to co-ope- rate, so that any works exliibited in tlie drawings and not mentioned in the specifications, or vice versa, are to be executed the same as if it were mentioned in the specifications and set forth in the draw- ings, to the true meaning and intention of the said drawings and specifications. * * * Second— The contractor at his own proper costs and charges, is to provide all manner of materials and labor, scaffolding, im- plements, molds, models, and cartage of every description, for the due performance of the several erections. * * * * Third — Should the owner at any time during the progress of said building request any alterations, deviations, additions or omis- sions from the said 'contract, specifications or plans shall be at liberty to do so, and the same shall in no way affect or make void the contract, but will be added to or deducted from the amount of the said contract price, as the case may be, by a fair and reasonable valuation. Fourth — Should the contractor, at any time during the jjrogress of said works, refuse or neglect to supply a sufficiency of materials or workmen, the owner shall have the power to provide materials and workmen (after three days' notice in writing, given), to finish the said works, and the expenses shall be deducted from the amount of the said contract price. Fifth — Should any dispute arise respecting the true construc- tion or meaning of the drawings or specifications, the same shall be decided by and — decisions shall be final and con- clusive; but should any dispute arise respecting the true value ot the extra work or works omitted, the same shall be valued by two competent persons, — one employed by the owner and the other by the contractor, — and in case they cannot agree, these two shall have power to name an umDire whose decision shall be binding on all parties. Sixth — The owner shall not in any manner be answerable or accountable for any loss or damage that shall or may happen to the said works or any part or parts thereof respectively, or for any of the materials or other things used and employed in finishing and completing the same (loss or damage by fire excepted). In witness whereof the said parties to these presents have hereunto set their hands and seals, the day and year first above written. . lSEAL.] [seal.] . [seal.] Signed and sealed ia the presence of UIGHWAYS. 506 HIGHWAYS. Complaint to the Commissioners of Highways against an Overseer for Neglect of Duty. To the CoxLnty Commissioners of County^ State of . The complaint of S T, a resident of the town of , aforesaid, respectfully showeth, that C D, the overseer of highways for road district ISTo. in ^aid county, has nec^lected and refused to warn the following persons, to wit, A E, K G, and C S, to work on the highways in said district, after having been required to do so by the commissioners or one of them. And the said S T hereby requires the commissioners of highways aforesaid to prosecute the said C D for said offense. ^ ST. Dated the day of , 18 — . Application to County Commissioners to Lay Out New Road. To the Commissioners of the County of , State of- The undersigned, a person liable to be assessed for highway labor in said town, and residing therein, doth hereby make appli- cation to you to lay out a new road of the width of tliree rods through lands not enclosed, improved, or cultivated (or, through lands not enclosed, improved, or cultivated, excepting as to lands of A B, who consents to the laying out of said road, and has signi- fied the same by signing this petition), beginning at, etc. (describ- ing the road by courses and distances, or such objects and bound- aries as shall make the route sufficiently definite and certain). A B. Order of County Conmiissioners to Lay out a High^^ay. State of County, of At a meeting of the commissioners of highways of the town of ^ in the county of , at , in said town, on the day of , all the said commissioners having met and deliberated on the sub- ject embraced in this order, it is ordered and determined by the said commissioners that a highway be laid out in the said town, of the width of four rods, on'the application of C D, and by the consent of A B, through whose improved lands the said highway is to pass for a part of the distance, the residue of said highway being through lands not enclosed, improved or cultivated. And 506 HIGHWAYS. the said commissiouers have caused a survey to be made, as fol- lows: The center line of said highway is to begin at , and to run thence etc. [Here iusert the survey,] In witness, etc. Application to Alter a Road. To the Commissioners of Highways of the. Town of , in th£ County of ; We, the undersigned, M L and C N, residents of said town, and liable- to be assessed for highway labor therein, do hereby make application to you, the said commissioners, to alter the highway leading from the house of G H to \kQ house of P Q, as follows : [ Insert a description of the proposed alteration by courses and distances or by objects and boundaries, so as to render it sufficiently certain and definite.] The proposed alteration passes through lands which are not im- proved, enclosed, or cultivated {or, passes through the improved land of M L and C M, who consent thereto). Dated the day of , 18—. M L, CM. Application to Lay Out a Highway througli Improved Land without the Consent of the Owners. To the Commissioners of Highways of the Town of , in the County of , State of / The undersigned, resident of the said town, and liable to be assessed for highway labor therein, hereby makes application to you, the said commissioners, to lay out a highway in said town, com- mencing at, etc., [ Here insert a description by courses and distances, or by objects and bounda- ries, so as to render the proposed route sufficiently certain and definite.] which said highway will pass through the improved {or enclosed, or cultivated) lands of D and G H, who do not consent to the laying out of the same. Dated the day of , 18 — • A. B. FORMAL ASSIGNMENTS 507 FORMAL ASSIGIOIENTS. General. To he written or endorsed on the hack of any instrument. Know all men by these presents, that I, the within named F S, in consideration of dollars to me paid by S B, have assigned to the said S B, and his assigns, all my interest in the within writ- ten instrument, and every clause, article, or thing therein con- tained; and 1 do hereby constitute the said S B, my attorney, in my name, but to his own use, and at his own risk and cost, to take all legal measures which may be proper for the complete recovery and enjoyment of the assigned premises, with power of substitu- tion. In testimony whereof I have hereunto set my hand and seal, this day of , one thousand eight hundred and . F T. [l. s.] Executed and delivered in presence of Assignment of a Lease. Know all men by these presents, that I, the within named I T, the lessee, for and in consideration of the sum of dollars, to me in hand paid by S H, of, etc., at and before the sealing and de- livery hereof (the receipt whereof I do hereby acknowledge), have granted, assigned and set over, and by these presents do grant, assign and set over, unto the said S H, his executors, ad- ministrators, and assigns, the within indenture of lease, and all that messuage, etc., thereby demised, with the appurtenances; and also all my estate, right, title, term of years yet to come, claim, and demand whatsoever, of, in, to, or out of the same. To have and to hold the said messuage, etc., unto the said S H, his exec- utors, administrators, and assigns, for the residue of the term within mentioned, under the yearly rent and covenants within re- served and contained, on my part and behalf to be done, kept and performed. In testimony, etc. (as in General Form of Assignment). Assignment of a Mortgage. Know all men by tliese presents, that I, J T, the mortgagee within named, for and in consideration of the sum of dollars, to me paid by S H, of, etc., at and before the sealing and delivery hereof (the receipt whereof is hereby acknowledged), have granted, bargained, sold, assigned and set over, and by these presents do grant, bargain, sell, assign and set over, unto the said S II, his heirs, executors, administrators and assigns, the within deed of 508 FORMAL ASSIGNMENTS. mortgage, and all my right and title to that messuage, etc. , therein mentioned and described, together with the original debt for which the said mortgage was given, and all evidence thereof, and all the rights and appurtenances therennto belonging. To have and to hold, all and singular, the premises hereby granted and as- signed, or mentioned, or intended so to be, unto the saidS H, his heirs and assigns, forever; subject, nevertheless, to the right and equity of redemption of the within named B E, his heirs and assigns (if anv they have), in the same. In testimony, etc. (as in General Form of Assignment) Assig^nment of Debt. Know all men by these presents, that we, B & F (chandler)s, in consideration of the Sum of dollars, paid to tliem by P L, of , in the county of (the receipt of which is hereby ac- knowledged), do hereby sell, assign, and transfer unto the said P L all their claims and demands against S R, of said -^ — , for debts due to the said B & F, and all causes of actions against said S R, now pending in their favor, and all causes of action whatso- ever against him. And the said B & F do hereby nominate and appoint the said P L his executors and administrators, their attorney or attorneys irrevocable; and do give him and them full power and authority to institute any suit or suits against said S R, and to prosecute the same, and any suit or suits which are now pending for any cause or causes of action, in favor of said B & F, against said S R, to final judgment and execution; and any executions for the cause or causes aforesaid, to cause to be satisfied by levying the same on any real or personal estate of the said SR, and the proceeds thereof to take and apply to his or their own use; and in case of levying said exe- cutions on any real estate, the said B & F he-reby empower the said P L, his executors and administrators, to sell and pass deeds to convey the same, for such price or consideration, and to such person or persons, and on such terms, as he or they shall deem ex- pedient; or, if he or they prefer it, to execute any conveyances that may be necessary to rest the title thereof in him or them, as his or their own property; but itis hereby expressly stipulated that all such acts and proceedings are to be at the proper costs and charges of the said P L, his executors and administrators, without expense to said B & F. And the said B & F do further empower the said P L, his exec- utors and administrators, to appoint such substitute or substitutes as he or tliey see fit, to carry into effect the object and pur])oses of tliis authority, or any of them, and the same to revoke from time to time at his or their pleasure; the said B & F hereby ratifying and FOKMLAL ASSIGNMENTS. 509 confirming all the lawful acts of tlie said PL, his, etc., in pur- suance of the foregoing authority. In testimony, etc. (as in General Form of Assignment.)* Assig^nment by a Debtor to Trustees, for the benefit of his Creditors. This indenture, made this day of , eighteen hundred and , by and between P N, of , cobbler, of the first part, H S, of , of the second part, and the several persons, creditors of the said party of the first part, who have executed or shall here- after execute or accede to these presents, of the third part, wit- nesseth: That, whereas, the party of the first part is indebted to divers persons in considerable sums of money, which he is at present un- able to pay in full, and he is desirous to convey all his property for the benefit of all his creditors, without any preference or pri- ority other than that provided by law; Now, the party of the first part, in consideration of the premises, and of one dollar paid to him by the party of the second part, hereby grants, bargains, sells, assigns and conveys unto the party of the second part, and his heirs and assigns, all his lands, tenaments, hereditaments, goods, chattels, property, and chosesin action, of every nature, name and description, wheresoever the same may be, except such property only as is exempted by law from attachment; To have and to hold the said premises unto the said party of the second part, and his heirs and assigns. But in trust and confidence, nevertheless, to sell and dispose of the said real and personal estate and to collect the said choses in action, using a reasonable discretion as to the times and modes of selling and disposing of said estate, as it respects making sales for cash or on credit, at public auction or by private contract, and with the right to compound for the said choses in action, taking a part for the whole, when the trustees shall deem it expedient so to do; then in trust to dispose of the proceeds of the said property in the manner following, viz.: First. To pay all such debts as by the laws of the United States, or of this State, are entitled to the preference in such cases. Second. To pay the costs and charges of these presents, and the expenses of executing the trusts declared in these presents. Third. To distribute and pay the remainder of the said pro- ceeds to and among all the parties of the third part, ratably, in proportion to their respective debts; (or if there is a statute regu- lating the distribution say) according to the true intent and meaning of an act entitled "An Act," etc. * This assignment should be acknowledged and recorded because it relates to real estate. 510 FORMAL ASSIGNMENTS. And if there should be any surplus, after paying all the parties of the third part in full, then in trust: Fourth. To pay over such surplus to the party of the first part, his executors, administrators, or assigns. And the party of the first part hereby constitutes and appoints the party of the second part his attorney irrevocable, with power of substitution, authorizing him, in the name of the party of the first part, or otherwise, as the case may require, to do any and all acts, matters and things, to carry into effect the true intent and meaning of these presents, which the party of the first part might do if personally present. And the party of the second part, hereby accepting these trusts, covenants to and with each of the other parties hereto, to execute the same faithfully. And the party of the first part hereby covenants with the said trustee, from time to time, and at all times, when requested, to give him all the information in his power respecting the assigned property, and to execute and deliver all such instruments of further assurance as the party of the second part shall be advised by counsel learned in the law to be necessary in order to carry into fiiU effect the true intent and meaning of these presents. And the parties of the third part, b}^ signing and sealing these presents, express their assent to this assignment, and accept the provision for them made therein pursuant to the statute aforesaid. In testimony whereof, etc. (as in General Form of Assignment). [All the parties who are aifected by the assignment, should sign it themselves or by their agents, or they will not be bound by the assignment.] * This assignment should be acknowledged and recorded, because it relates to real estate. CHAPTER XVIII. PERSONS ENTITLED TO PENSIONS. Pension Laws. Section 1639. If any person, whether officer or soldier, belonging to the militia of any State, and called out into the service of the United States, be wounded or disabled while in actual service, he shall be taken care of and provided for at the public expense. Sec. 1656. When any officer, non-commissioned officer, artificer, or private of the militia or volunteer corps dies in the service of the United States, or in returning to his place of residence after being mustered out of service, or at any time in consequence of wounds received in service, and leaves a widow, or if no widow, a child or children under sixteen years of age, such widow, or if -no widow, such child or children, shall be entitled to receive half the monthly pay to which the deceased was entitled, at the time of his death, during the term of five years; and in case of the death or intermarriage of such widow before the expiration of five years, the half pay for the remainder of the time shall go to the child or children of the decedent. And the Secretary of the Interior shall adopt such forms of evidence, in applications under this section, as the President may prescribe. Sec. 1657. The volunteers or militia, who have been received into the service of the United States, to suppress Indian depreda- tions in Florida, shall be entitled to all the benefits which are conferred on persons wounded or otherwise disabled in the service of the United States. Sec. 4692. Every person specified in the several classes enumer- ated in the following section, who has been, since the fourth day of March, eighteen hundred and sixty-one, or who is hereafter dis- abled under the conditions therein stated, shall, upon making due proof of the fact, according to such forms and regulations as are or may be provided in pursuance of law, be placed on the list of invalid pensioners of the United States, and be entitled to receive, for a total disability, or a permanent specific disability, such pen- sion as is hereinafter provided in such cases; and for an inferior (511) 512 PENSION disability, except in cases of permanent specific disability, for which the rate of pension is expressly provided, an amount pro- portionate to that provided for total disability; and such pension shall commence as hereinafter provided, and continue during the existence of the disability. Sec. 4693. The persons entitled as beneficiaries under the pre- ceding section are as follows: First. Any ofiicer of the army, including regulars, volunteers, and militia, or any officer in the navy or marine corps, or any en- listed man, however employed, in the military or naval service of the United States, or in its marine corps, whether regularly mus- tered or'not, disabled by reason of any wound or injury received, or disease contracted, while in the service of the United States and in the line of duty. Second. Any master serving on a gunboat, or any pilot, engineer, sailor, or other person not regularly mustered, serving upon any gunboat or war- vessel of the United States, disabled by any wound or injury received, or otherwise incapacitated, while in the line of duty, for procuring his subsistence by manual labor. Third. Any person not an enlisted soldier in the army, serving for the time being as a member of the militia of any State, under orders of an officer of the United States, or who volunteered for the time being to serve with any regularly organized military or naval force of the United States, or who otherwise volunteered and rendered service in any engagement with rebels or Indians, disabled in consequence of wounds or injury received in the line of duty in such temporary service. But no claim of a State militia-man, or non-enlisted person, on account of disability from wounds or injury received in battle with rebels or Indians, while temporarily render- ing service, shall be valid unless prosecuted to a successful issue prior to the fourth day of July, eighteen hundred and seventy- four. Fourth. Any acting assistant or contract surgeon disabled by any wound or injury received or disease contracted in the line of duty while actually performing the duties of assistant surgeon or acting assistant surgeon with any military force in the field, or in transitu, or in hospital. Fifth. Any provost-marshal, deputy provost-marshal, or enroll- ing-officer disabled, by reason of any wound or injury received in the discharge of his duty, to procure a subsistence by manual labor. LAWS. 513 Sec. 4745. Any pledge, mortgage, sale, assignment, or transfer of any right, claim, or interest in any pension which has been, or may hereafter be, granted, shall be void and of no effect; and any person acting as attorney to receive and receipt for money for and in behalf of any person entitled to a pension shall, before receiv- ing such money, take and subscribe an oath, to be filed with the pension agent, and by him to be transmitted, with the vouchers now required by law, to the proper accounting officer of the Treasury, that he has no interest in such money by any pledge, mortgage, sale, assignment, or transfer, and that he does not know or believe that the same has been so disposed of to any person. Sec. 4T46. Every person who knowingly or willfully in any- wise procures the making or presentation of any false or fraud- ulent affidavit concerning any claim for pension, or payment thereof, or pertaining to any other matter within the jurisdiction of the Commissioner of Pensions, or who knowingly or willfully presents or causes to be presented at any pension agency any power of attorney or other paper required as a voucher in drawing a pension, which paper bears a date subsequent to that on which it was actually signed or executed, shall be punished by a fine not exceed- ing five hundred dollars, or by imprisonment for a term not exceed- three years, or by both. Sec. 4747. JSTo sum of money due, or to become due, to any pensioner shall be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, whether the same remains with the pension office, or any officer or agent thereof, or is in course of transmission to the pensioner entitled thereto, but shall inure wholly to the benefit of such pensioner. Sec. 4787. Every officer, soldier, seaman, and marine who was disabled during the war for the suppression of the rebellion, in the military or naval service, and in the line of duty, or in conse- quence of wounds received or disease contracted therein, and who was furnished by the War Department, since the seventeenth day of June, eighteen hundred and seventy, with an artificial limb or apparatus for resection, who wa,s entitled to receive such limb or apparatus since said date, shall be entitled to receive a new limb or apparatus at the expiration of every five years thereafter, under such regulations as have been or may be prescribed by the Sur- geon-General of the army. Sec. 4788. Every person entitled to the benefits of the preced- ing section may, if he so elects, receive, instead of such limb or 33 514 PENSION apparatus, the money value thereof, at the followirij^ rates, namely: For artificial legs, seventy-five dollars; for arms, fifty dollars; for feet, fifty dollars; for apparatus for resection, fifty dollars. Sec. 4789. The Surgeon-General shall certify to the Commis- sioner of Pensions a list of all soldiers who elect to receive money- commutation instead of limbs or apparatus, with the amount due to each, and the Commissioner of Pensions shall cause the same to be paid to such soldiers in the same manner as pensions are paid. Sec. 4790. Every person in the military or naval service who lost a limb during the war of the rebellion, but from the nature of his injury is not able to use an artificial limb, shall be entitled to the benefits of section 4788, and shall receive money commutation as therein provided. Sec 4791. The Secretary of War is authorized and directed to furnish to the persons embraced by the provisions of section 4787, transportation to and from their homes and the place where they may be required to go to obtain artificial limbs provided for them under authority of law. Sec. 5485. * Any agent or attorney, or any other person instru- mental in prosecuting any claim for pension or bounty-land, who shall, directly or indirectly, contract for, demand, or receive or re- tain any greater compensation for his services or instrumentality in prosecuting a claim for pension or bounty-land than is provided in the title pertaining to pensions, or who shall wrongfully with- hold from a pensioner or claimant the whole or any part of the pension or claim allowed and due such pensioner or claimant, or the land warrant issued to any such claimant, shall be deemed guilty of a high misdemeanor, and, upon conviction thereof, shall, for every such oifense, be fined not exceeding five hundred dol- lars, or imprisonment at hard labor not exceeding two years, or both, at the discretion of the court. Sec. 5498. Every officer of the United States, or person* hold- ing any place of trust or profit, or discharging any official function under, or in connection with, any executive department of the Government of the United States, or under the Senate or House * This section is re-enacted in ttie bill making appropriations for the fiscal year ending June 30, 1883, as follows: "And the provisions of section 5485 of the Revised Statues shall be applicable to any person who shall violate the provisions of an act entitled 'An Act relating to claim agents and attorneys in pension cases, approved June twentieth, eighteen hundred and seveuty-eight." LAWS. 515 of Eepresentatives of the United States , who acts as an agent or attorney for prosecuting any claim against the United States, or in any manner, or by any means, otherwise than in discharge of his proper official duties, aids or assists in the prosecution or support of any such claim, or receives any gratuity, or any share of or in- terest in any claim from any claimant against the United States, with the intent to aid or assist, or in consideration of having aided or assisted, in the prosecution of such claim, shall pay a line of not more than five thousand dollars or suffer imprisonment not more than one year, or both. AN ACT to equalize pensions in certain cases. Be it enacted hy the Senate and Rome of Eepi'esentatives of the United States of Ameinca in Congress assemUed, That all per- sons entitled to pensions under special acts fixing the rate of such pensions, and now receiving or entitled to receive a less pension than that allowed by the general pension laws under like circumstances, are, in lieu of their present rate of pension, hereby declared to be entitled to 'the benefits and subject to the limitations of the general pension laws, entitled, "An Act to re- vise, consolidate, and amend the laws relating to pensions," ap- proved March third, eighteen hundred and seventy-three; and that this act go into effect from and after its passage: Provided, That this act shall not be construed to reduce any pension granted by special act. Approved June 6, 1874 AN ACT to increase the ')ensions of soldiers and sailors who have been totally disabled. Be it enacted hy the Senate am,d House of Eepresentatives of the United States of America in Congress assembled, That section 4 of the act entitled ''An Act to revise, consolidate, and amend the laws relatin:,^ to pensions," and approved March third, eighteen hundred and seventy-three, be so amended that all persons who, while in the militai y or naval service of e United States, and in the line of duty, shall have been so permanently and totally dis- abled as to require the regular personal aid and attendance of an- other person, by the loss of the sight of both eyes or by the loss of the sight of one eye, the sight of the other having been previ- oudy lost, or by the loss of both hands, or by the loss of both feet, or by any other injury resulting in total and permanent helpless- 516 TENSION ness, shall be entitled to a pension of fifty dollars per month; and this shall be in lieu of a pension of thirty-one dollars and twenty- five cents per month granted to such persons by said section: Pro- vided^ That the increase of pension shall not be granted by reason of any of the injuries herein specified, unless the same have re- sulted in permanent, total helplessness, requiring the regular per- sonal aid and attendance of another person. Sec. 2. That this act shall take effect from and after the fourth day of June, eighteen hundred and seventy-four. Approved June 18, 1874. AN ACT to increase pensions in certain cases. Be it enacted ly the Senate and House of Representatives of the United States of America in Congress assembled^ That all per- sons who are now entitled to pensions under existing laws, and who have lost either an arm at or above the elbow, or a leg at or above the knee, shall be rated in the second class, and shall receive twenty-four dollars per month: Provided, That no artificial limbs, or commutation therefor, shall be furnished to such persons as shall be entitled to pensions under this act. Sec. 2. That this act shall take effect from and after the fourth day of June, eighteen hundred and seventy-four. Approved June 18, 1874. AN ACT making appropriations for the payment of invalid and other pensions of the United States for the year ending June thirtieth, eighteen hundred and seventy-five. ******* Prmnded further^ That the fees for preparing vouchers and ad- ministering oaths, which are now by law thirty cents in each case, shall hereafter be twenty-five cents for the same and no more. Approved June 20,1874. AN ACT to regulate the issue of artificial limbs to disabled soldiers, seamen and others. Be it enacted l)y the Senate and House of Representatives of the United States ofAmericay in Congress Assembled, That every officer soldier, seaman and marine, who, in the line of duty, in the military or naval service of the United States, shall have lost a limb, or sustained bodily injuries, depriving him of the use of any of his limbs, shall receive once every five years an artifical limb LAWS. 517 or appliance, or commutation therefor, as provided and limited by existing laws, under such regulations as the Surgeon-General of the army may prescribe; and the period of five years shall beheld to commence with the filing of the first application after the seventeenth day of June, in the year eighteen hundred and seventy. Sec. 2. That necessary transportation to have artificial limbs fit- ted shall be furnished by the Quartermaster-General of the army, the cost of which shall be refunded out of any money appropriated for the purchase of artifical limbs: Provided^ That this act shall not be subject to the provisions of an act entitled "An Act to increase pensions," approved June eighteenth, eighteen hundred and seventy-four. Approved August 15, 1876. AN ACT to perfect the revision of the statutes of the United States, and of the statutes relating to the District of Columbia. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled, that for the purpose of correcting errors and supplying omissions in the act entitled "An Act to revise and consolidate the statutes of the United States in force on the first day of December, anno Domini one thousand eight hundred and seventy three," so as to make the same truly express such laws, the following amendments are hereby made therein: ****** ^ Section 4770 is struck out. Section 4787 is amended by adding at the end of the section the following: " The provisions of this section shall apply to all ofiicers, non- commissioned officers, enlisted and hired men of the land and naval forces of the United States, who, in the line of their duty as such, shall have lost limbs or sustained bodily injuries depriving them of the use of any of their limbs, to be determined by the Surgeon-General of the army; and the term of five years herein specified shall be held to commence in each case with the filing of the application for the benefits of this section." Section 4790 is amended by inserting, in the second line, after the word "rebellion " the words " or is entitled to the benefits of section 4787." Section 4791 is amended by adding at the end of the section the following: 518 PENSION "The transportation allowed for having artificial limbs fitted shall be furnished by the Quartermaster-G-eneral of the army, the cost of which shall be refunded from the appropriations for invalid pensions." ******** Approved February 27, 1877. AN ACT to allow a pension of thirty-six dollars per month to soldiers who have lost both an arm and a leg. Be it enacted hy the Senate and House of Representatives of the United States of America In Congress assembled^ That all persons who, while in the military or naval service of the United States, and in the line of duty, shall have lost one hand and one foot, or been totally and permanently disabled in both, shall be entitled to a pension for each of such disabilities, and at such a rate as is pro- vided for by the provisions of the existing laws for each disability: Provided^ That this act shall not be so construed as to reduce pensions in any case. Approved' February 28, 1877. AN ACT equalizing pensions of certain officers in the navy. Be it enacted hy the 'Senate and House of Representatives of the United States of America in Congress assembled^ That from and after the passage of this act, the pension for total disability of passed assistant engineers, and cadet engineers in the naval ser- vice, respectively, shall be the same as the pensions allowed to ofiicers of the line in the naval service with whom they have relative rank; and that all acts or parts of acts inconsistent herewith be, and are hereby, repealed. Approved March 3, 1877. AN ACT amending the pension-law so as to remove the disability of those who, having participated in the rebellion, have, since its termination, enlisted in the army of the United States, and become disabled. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled^ That the law prohibiting the payment of any money on account of pensions to any person, or to the widow, children, or heirs of any deceased person, who, in any manner, engaged in or aided or abetted the late rebellion against the authority of the United States, shall not LAWS. 519 be construed to apply to such persons as afterward voluntarily enlisted in the army of the United States, and who, while in such service, incurred disability from a wound or injury received or disease contracted in the line of duty. Approved March 3, 1877. [Not held to apply to navy cases.j Section 3646, Kevised Statutes, which takes the place of Sec. 4770, stricken out by the provisions of the act approved February 27, 1877, is as follows: Sec. 3646. Whenever any original check is lost, stolen, or de- stroyed, disbursing officers and agents of the United States are authorized, after the expiration of six months, and within three years from the date of such check, to issue a duplicate check; and the Treasurer, assistant treasurers and designated depositaries of the United States are directed to pay such duplicate checks, upon notice and proof of the loss of the original checks, under such regulations in regard to their issue and payment, and upon the execution of such bonds, with sureties, to indemnify the United States, as the Secretary of the Treasury shall prescribe. This section shall not apply to any check exceeding in amount the sum of one thousand dollars. AN ACT to amend section 4778 of the Revised Statutes. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assemUed^ That when- ever during a session of the Senate a vacancy shall occur in the office of pension agent, by reason of resignation, death, removal or expiration of the term of office, or where any such agent law- fully appointed shall have fafled to qualify and assume the duties of such office, the President may, when the public exigency requires it, designate any officer of the United States to' perform the duties of such office, but such designation shall not be fpr a longer time than twenty days, and such officer so designated shall give bonds if required by the President for the faithful discharge "of the said duties, and the Secretary of the Interior shall allow in the settle- ment of the accounts of such officer the necessary expenses incurred by him in the discharge of his duties under tliis act. The foregoing provisions shall apply to any vacancy now existing. Approved March S, 187S. 520 PENSION AN ACT amending the laws granting pensions to the soldiers and sailors of the war of eighteen hundred and twelve, and their widows, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled^ That the Secre- tary of the Interior be, and he is hereby, anthorized and directed to place on the pension-roll the names of the surviving officers and enlisted and drafted men without regard to color, including militia and volunteers, of the military and naval service of the United States who served for fourteen days in the war with Great Britain of 1812, or who were in any engagement and were honor- ably discharged, and the surviving widows of such officers and en- listed and drafted men. Sec. 2. That this act shall not apply to any person who is re- ceiving a pension at the rate of $8 per^ month or more, nor to any person receiving a pension of less than $8 per month, except for the difference between the pension now received (if less than $8 per month) and $8 per month. Pensions under this act shall be at the rate of $8 per month, except as herein provided, and shall be paid to the persons entitled thereto, from and after the passage of this act, for and during their natural lives: Provided^ That the pensions to widows provided for in this act shall cease when they shall marry again. Sec. 3. That before the name of any person shall be placed upon the pension-rolls under this act proof shall be made, under such rules and regulations as the Commissioner of Pensions, with the approval of the Secretary of the Interior, shall prescribe, that the applicant is entitled to a pension under this act; and any person who shall falsely take any oath required to be taken under the pro- visions of this act shall be guilty of perjury; and the Secretary of the Interior shall cause to be stricken from the rolls the name of any person when it shall appear, by proof satisfactory to him, that such name was put on said rolls by or through false or fraud- ulent representations, or by mistake as to the right of such person to a pension under this act. The loss or lack of a certificate of discharge shall not deprive the applicant of the benefit of this act, but other proof of the service performed and of an honorable dis- charge, if satisfactory, shall be deemed sufficient ; and when there is no record evidence of such service and such discharg^e the applicant may establish the same by other satisfactory testimony: Provided^ That when any person has been granted a land-warrant, under any LAWS. 621 act of Congress, for and on account of service' in the said war of 1812, such grant shall be prima-facie evidence of his service and honorable discharge, so as to entitle him, if living, or his widow if he be dead, to a pension under this act; but such evidence shall not be conclusive, and may be rebutted by evidence that such land-warrant was improperly granted. Sec. 4. That all applications for pensions of the classes pro- vided for in this act heretofore or which may hereafter be made shall be considered and decided as though made under this act; and all laws now in force in regard to the manner of paying pen- sions, and in reference to the punishment of frauds, shall be ap- plicable to all claims under the provisions of this act. Sec. 5. That the Secretary of the Interior be, and he is hereby, authorized and directed to restore to the pension-rolls the names of all ]3erson8 now surviving heretofore pensioned on account of service in the war of 1812 against Grreat Britain, or for service in any of the Indian wars, and whose names were stricken trom the rolls in pursuance of the act entitled "An Act authorizing 'the Secretary of the Interior to strike from the pension-rolls the names of such persons as have taken up arms against the Govern- ment or who have in any manner encouraged the rebels, " approved February 4, 1862; and that the joint resolution entitled "Joint resolution prohibiting payment by any officer of the Government to any person not known to have been opposed to the rebellion and in favor of its suppression," approved March 2, 1867, and section 4716 of the Revised Statues of the United States, shall not apply to the persons provided for by this act: Provided^ That no money shall be paid to any one on account of pensions for the time during which his name remained stricken from the rolls. Sec. 6. That the surviving widow of any pensioner of the war of 1812, where the name of said pensioner was stricken from the pension-roils in pursuance of the act entitled ' 'An Act authorizing the Secretary of the Interior to strike from the pension rolls the names of such persons as have taken up arms against the Govern- ment or who have in any manner encouraged the rebels," ap- proved February 4, 1862, and where, under the existing provisions of law, said pensioner died without his name being restored to the rolls, shall be entitled to make claim for a pension as such widow alter the passage of this act: Provided, That no such arrearages shall be paid for any period prior to the time of the removal of the disability of the pensioner, as provided in section 5: And 522 PENSION provided further^ That under this act any widow of a revolution- ary soldier Avho served for fourteen days or was in any engagement shall be placed on the pension-rolls of the United States and re- ceive a pension at the rate of $8 per month. Sec. T. That all laws and clauses of laws in conflict with this act be, and they are hereby, repealed. Approved March 9, 1878. AN ACT to increase the pension of certain pensioned soldiers and sailors who have lost both their hands or both their feet or the sight of both eyes in the service of the country. Whereas, it is apparent that the present pension paid to soldiers and sailors who have lost both their hands or both their feet in the service of the country is greatly inadequate to the support of such as have families : Therefore, Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled^ That on and after the passage of this act, all soldiers and sailors who have lost either both their hands or both their fe^et or the sight of both eyes in the service of the United States, shall receive, in lieu of all pensions now paid them by the Government of the United States, and there shall be paid to them, in the same manner as pensions are now paid to such persons, the sum of seventy-two dollars per month. Approved June 17, 1878. ■ AN ACT to amend section 4695 of the Revised Statutes of the United States. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled. That from and after ' July sixteenth, eighteen hundred and sixty-two, pensions granted to lieutenant-commanders in the navy for disability, or on account of their deatli, shall be the same as theretofore provided for lieutenants commanding. Approved June 18, 1878. AN ACT relating to claim agents and attorneys in pension cases. Be it enacted hy the Senate and Home of Representatives of the United States of America in Congress assemhled, It shall be un- lawful for any attorney, agent, or other person to demand or re- ceive for his services in a pension case a greater sum than ten LAWS. 623 dollars. No fee contract shall hereafter be filed with the Commis- sioner of Pensions in any case. In pending cases in which a fee contract has heretofore been tiled, if the pension shall be allowed, the Commissioner of Pensions shall approve the "same as to the amount of the fee to be paid at the amount specified in the con- tract. Sections 4768, 4769 and 4786 of the Revised Statutes shall not apply to any case or claim hereafter tiled, nor to any pending claim in which the claimant has not been represented by an agent or attorney prior to the passage of this act. Sec. 2. Section 4785 of the Revised Statutes is hereby repealed. Approved June 20, 1878. AN ACT to provide that all pensions on account of death, or wounds received, or disease contracted in the service of the United States during the late war of the rebellion, which have been granted, or which shall hereafter be granted shall commence from the date of death or discharge from the service of the United States, for the payment of arrears of pensions, and other purposes. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled, That all pensions which have been granted under tlie general laws regulating pen- sions, or may hereafter be granted, in consequence of death from a cause which originated in the United States service during the continuance of the late war of the rebellion, or in consequence of wounds, injuries, or disease received or contracted in said service* during said war of the rebellion, shall commence from the date of the death or discharge from said service of the person on whose account the claim has been or shall hereafter be granted, or from the termination of the right of the party having prior title to such pension : Provided, The rate of pension for the intervening time for which arrears of pension are hereby granted shall be the same per month for which the pension was originally granted. Sec. 2. That the Commissioner of Pensions is hereby authorized and directed to adopt such rules and regulations for the payment of the arrears of pensions hereby granted as mil be necessary to cause to be paid to such pensioner, or, if the^'pensioner shall have died, to the person or persons entitled to the same, all such arrears of pension as the pensioner may be, or would have been, entitled to under this act. Sec. 3. That section 4717 of tlie Revised Statutes of the United States, which provides that "no claim for pension not prosecuted to a successful issue within five years from the date of tiling the 524 PENSION same shall be admitted without record evidence from the War 6r Navy Department of the injury or the disease which resulted in the disability or death of the person on whose account the claim is made: Provided^ That in any case in which the limitation prescribed by this section bars tlie further prosecution of the claim, the claimant may present, through the pension office, to the Adju- tant-General of the army or the Surgeon-General of the navy, evidence that the disease or injury which resulted in the disability or death of the person on whose account the claim is made origi- nated in the service and in the line of duty; and if such evidence is deemed satisfactory by the officer to whom it may be submitted, he shall cause a record of the fact so proved to be made, and a copy of the same to be transmitted to the Commissioner of Pen- sions, and the bar to the prosecution of the claims shall thereby be removed," be, and the same is hereby, repealed. Sec. 4. No claim-agent or other person shall be entitled to receive any compensation for services in making application for arrears of pension. Sec. 5. That all acts or parts of acts so far as they may conflict with the provisions of this act be, and the same are hereby, re- pealed. Approved January 25, 1879. The following provisions v/ere enacted as a portion of the act making appropriations for the payment of the arrears of pensions, approved March 3, 1879: ****** That the rate at which the arrears of invalid pensions shall be allowed and computed in the cases wliich have been or shall here- after be allowed, shall be graded according to the degree of the pensioner's disability from time to time, and the provisions of the pension laws in force over the period for which the arrears shall be computed. That section 1 of the act of January twenty-fifth, eighteen hundred and seventy-nine, granting arrears of pensions, shall be construed to extend to and include pensions on account of soldiers wlio were enlisted or drafted for the service in the war of the rebellion, but died or incurred disability from a cause originating after the cessation of hostilities, and before being mustered out: Provided^ That in no case shall arrears of pensions be allowed and paid from a time prior to tlie date of actual disability. LAWS. 525 Sec. 2. All pensions which have been, or which may hereafter be granted in consequence of death occurring from a cause which originated in the service since the fourth day of March, eighteen hundred and sixty-one, or in consequence of wounds or injuries received, or disease contracted since that date, shall commence from the death or discharge of the person on whose account the claim has been or is hereafter granted, if the disability occurred prior to discharge; and if such disability occurred after the dis- charge, then from the date of actual disability, or from the termi- nation of the right of party having prior title to such pension: Promded^ The application for such pension has been or is here- after filed with the Commissioner of Pensions prior to the first day of July, eighteen hundred and eighty, otherwise the pension shall commence from the date of filing the application; but the limitation herein prescribed shall not apply to claims by or in behalf of insane persons and children under sixteen years of age. Sec. 3. Section 4709 of the Revised Statutes is hereby re- pealed. AN ACT relating to soldiers while in the civil service of the United States. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled^ That all per- sons who, under and by virtue of the first section of the act en- titled "An Act supplementary to the several acts relating to pensions," approved March third, eighteen hundred and sixty-five, were deprived of their pensions during any portion of the time from the third of March, eighteen hundred and sixty-five, to the sixth of June, eighteen hundred and sixty-six, by reason of their being in the civil service of the United States, shall be paid their said pensions, withheld by virtue of said section of the act afore- said, for and during the said period of time from the third of March, -eighteen hundred and sixty-five, to the sixth of June, eighteen hundred and sixty-six. Approved March 1, 1879. AN ACT for the relief of soldiers and sailors becoming totally blind in the service of their country. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled. That the act of June seventeeth, eighteen hundred and seventy-eight, entitled 526 PENSION " An Act to increase the pensions of certain soldiers and sailors who have lost both their hands or both their feet, or the sight of both eyes, in the service of the country," be so construed as to include all soldiers and sailors who have become totally blind from causes occurring in the service of the United States. Approved March 8, 1879. AN ACT for the relief of certain pensioners. Be it enacted hy the Senate and House of Rejyresentatives of the United States of America in Congress assembled^ That all pen- sioners now on the pension-rolls, or who may hereafter be placed thereon, for amputation of either leg at the hip joint, shall receive a pension at the rate of thirty-seven dollars and fifty cents per month from the date of the approval of this act. Approved March 3, 1879. The following is part of a section enacted as a portion of " An Act making appropriations for the legislative, executive, and judi- cial expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and eighty, and for other purposes," approved June 21, 1879: Sec. 3. That sections 4771, 4772 and 4773 of the Revised Statutes of the United States, providing for biennial examinations of pensioners are hereby repealed: Provided^ That the Commis- sioner of Pensions shall have the same power as heretofore to order special examinations, whenever, in his judgment, the same may be necessary, and to increase or reduce the pension according to right and justice; but in no case shall a perfsion be withdrawn or reduced except upon notice to the pensioner and a hearing upon sworn testimony, except as to the certificate of the exam- * * * * * inmg surgeon. Chap. 166. — AN ACT to restore pensions in certain cases. Be it enacted ly the Senate and Home of Representatives of the United States of America in Congress Assembled, That section 3 of an act entitled " An Act increasing the pensions of widows and orphans, and tor other purposes," approved July twenty-fifth , eighteen hundred and sixty-six, and section 13 of an act entitled LAWS. 527 " An Act relating to pensions," approved July twenty-seventh, eighteen hundred and sixty-eight, and section 4712 of the Revised Statutes, shall not operate to reduce the rate ot any pension which had actually been allowed to the commissioned, non-com- misioned, or petty officers of the navy or tlieir widows, or minor children, prior to July twenty-fifth, eighteen hundred and sixty- six; and the Secretary of the Interior is hereby directed to restore all such pensions as have already been so reduced to the rate originally granted and allowed, to take eflPect from the date of such reduction. Approved June 9, 1880 Chap. 236. — AN ACT to increase the pensioas of certain pensioned soldiers and sailors who are utterly helpless from injuries received or disease contracted while in the United States service. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assemhled, That all soldiers and sailors .who are now receiving a pension of fifty dollars per month, under the provisions of an act entitled " An Act to increase the pension of soldiers and sailors who have been totally disabled," approved June eighteenth, eighteen hundred and seventy-four, shall receive, in lieu of all pensions now paid them by the Gov- ernment of the United States, and there shall be paid them in the same manner as pensions are now paid to such persons, the sum of seventy-two dollars per month. Sec. 2. All pensioners whose pensions shall be increased by the provisions of this act from fifty dollars per month to seventy- two dollars per month shall be paid the difference between said sums monthly, from June seventeenth, eighteen hundred and seventy- eight, to the time of taking effect of this act. Approved June 16, 1880. AN ACT making appropriations for the payment of invalid and other pensions of the United States for the fiscal year ending June thirtieth, eighteen hundred and eighty-two, aud for deficiencies and for other purposes. Sec. 2. All pensions payable, or to be paid under this act, to pensioners who are inmates of the National Home for Disabled Volunteer Soldiers, shall be paid to the treasurer or treasurers of said home, upon security given to the satisfaction. of the mana- gers, to be disbursed for the benefit of the pensioners without deduction for fines or penalties under regulations to be established 528 PENSION by the managers of tlie home; said payment to be made by the pension agent upon a certificate of the proper officer of the home that the pensioner is an inmate thereof and is still living. Any balance of the pension which may remain at the date of the pen- sioner's discharge shall be paid over to him; and in case of his death at the home, the same shall be paid to the widow, or children, or, in default of either, to his legal representatives. Approved February 26, 1881. Pension Laws Passed at the Last Session of Congress. AN ACT to relieve certain soldiers of the late war from the charge of desertion. Be it enacted hy the Senate and House of Representatives of tha United States of America in Congress assembled. That the charge of desertion now standing on the rolls and records in the office of Adjutant-General of the United States against any soldier who served in the late war in the volunteer service shall be removed in all cases where it shall be made to appear to the satisfaction of the Secretary of War, from such rolls and records, or from other satis- factory testimony, that any such soldier served faithfully until the expiration of his term of enlistment, or until the 22d day of May, anno Domini 1865, or was prevented from completing his term of service by reason of wounds received or disease contracted in the line of duty, but who, by reason of absence from his command at the time the same was mustered out, failed to be mustered out and to receive an honorable discharge. Sec. 2. That the charge of desertion standing on the rolls and records in the office of the Adjutant-General of the United States against any soldier who served in the late war in the volunteer service shall also be removed in all cases where it shall be made to appear to the satisfaction of the Secretary of War, from such rolls and records, or from other satisfactory testimony, that such soldier charged with desertion or with absence without leave did not in- tend to desert, and after such charge of desertion or absence with- out leave voluntarily returned to his command and served in the line of his duty until he was mustered out of the service and re- ceived a certificate of honorable discharge. Sec. 3. That in all cases where the charge of desertion shall be removed under the provisions of this act from the record of any soldier who has not received a certificate of discharge, it shall be the duty of the Adjutant-General of the Uiiited States to issue to LAWS. 529 such soldier, or, in case of his death, to his heirs or legal repre- sentatives, a certificate of discharge. Sec. 4. That when the charge of desertion shall be removed under the provisions of this act from the record of any soldier, such soldier, or, in the case of his death, tlie heirs or legal repre- sentatives of such soldier, shall receive all pay and bounty which may have been withheld on account of such charge of desertion or absence without leave: Provided^ however^ That this act shall not be so construed as to give to any such soldier as may be entitled to relief under tlie provisions of this act, or, in case of his death, to the heirs or legal representatives of any such soldier, the right to receive pay and bounty for any period of time during which sucli soldier was absent from his command without leave of absence: And provided further, That no soldier nor the heirs nor legal representatives of any soldier, who served in the army a period of less than twelve months, 0]>who intentionally deserted, shall be entitled to the benefit of the provisions of this act. Sec. 5. That all acts and parts of acts inconsistent with the provisions of this act are hereby repealed. Approved August 7, 1882. AN ACT to amend section 4702, title 57, of the Revised Statutes of the United States, and for other purposes. Be it enacted, etc., That section 4702, title 57, of the Ke vised Statutes of the United States is hereby amended so as to read as follows: " Section 4702. If any person embraced within the provisions of sections 4692 and 4693 has died since the 4th day of March, 1861, or hereafter dies, by reason of any wound, injury, or disease which, under the conditions and limitations of such sections, would have entitled him to an invalid pension had he been disabled, his widow, or if there be no widow, or in case of her death without payment to her of any part of the pension hereinafter mentioned, his child or children under sixteen years of age shall be entitled to receive the same pension as the husband or father would have been entitled to had he been totally disabled, to commence from the death of the husband or father, to continue to the widow during her widowhood, and to his child or children until they severally attain the age of sixteen years, and no longer; and if the widow remarry, the child or children shall be entitled from the 34 530 PENSION date of remarriage, except when such widow has continued to draw the pension-money after her remarriage, in contravention of law, and such child or children have resided with and been sup- ported by her, their pension will commence at the date to which the widow was last paid. " " SeCo 2. That marriages, except such as are mentioned in sec- tion 4705 of the Revised Statutes, shall be proven in pension cases to be legal marriages according to the law of the place • where the parties resided at the time of marriage or at a time when the right to pension accrued, and the open and notorious adulter- ous cohabitation of a widow who is a pensioner shall operate to terminate her pension from the commencement of such cohabi-, tation." Approved August 7, 1882. [The above law extends the arrears act and continues it in forcCy so far as widows' claims are concerned.] IN THE ACT making appropriation for the payment of invalid and other pensions of the United States for the fiscal year ending June 30, 1883, and for other purposes, are the following amendments • Sec. 2. That section 4744, title 57, of the Eevised Statutes of the United States is hereby amended to read as follows: " Sec. 4744. The Commissioner of Pensions is authorized to detail from time to time clerks or persons employed in his office to make special examinations into the merits of such pension or bounty-land claims, whether pending or adjudicated, as he may deem proper, and to aid in the prosecution of any party appearing on such examination to be guilty of fraud, either in the presenta- tion or in procuring the allowance of such claims; and any person so detailed shall have power to administer oaths and take affidavits and depositions in the course of such examinations, and to orally examine witnesses, and may employ a stenographer when deemed necessary by the Commissioner of Pensions in important cases, such stenographer to be paid by such clerk or person, and the amount so paid to be allowed in his accounts." Sec. 3. "That in addition to the authority conferred by section 184, title 4, of the Revised Statutes, any judge or clerk of any court of the United States in any State, District, or Territory shall have power, upon the application of the Commissioner of Pensions, to issue a subpoena for a witness, being within the jurisdiction of LAWS. 531 such court, to appear, at a time and place in the subpoena stated before any officer authorized to take depositions to be used in the courts of the United States, or before any officer, clerk, or person from the Pension Bureau designated or detailed to investigate or examine into the merits of any pension claim and authorized by law to administer oaths and take affidavits in such investigation or examination, there to give full and true answers to such written interrogatories and cross-interrogatories as may be propounded, or to be orally examined and cross-examined upon the subject of such claim; the witnesses subpoenaed pursuant to this and the preced- ing section shall be allowed the same compensation as is allowed witnesses in the courts of the United States, and paid in the same manner." Sec. 4. That the Commissioner of Pensions is hereby authorized to appoint surgeons, who, under his control and direction, shall make such examination of pensioners and claimants for pension or increased pension as he shall require; and he shall organize boards of surgeons, to consist of three members each, at such points in each State as he shall deem necessary, and all examina- tions, so far as practicable, shall be made by the boards, and no examination shall be made by one surgeon excepting under such circumstances as make it impracticable for a claimant to present himself before a board : Provided^ That the Commissioner may, when in his opinion the exigencies of the service may require it, organize a board of three surgeons who, under his directions, shall review the work of any regularly appointed board or surgeon: Provided further^ That all examinations shall be thorough and searching, and the certificate contain a full description of the phys- ical condition of the claimant at the time, which shall include all the physical and rational signs and a statement of structural changes. The fee for each examination, and satisfactory certificate thereof, shall be $2 to each member when made by a board, and $2 when made by one surgeon : Provided^ That when a claimant is so disa- bled as not to be able to present himself to a board of surgeons for examination, the Commissioner may order a surgeon to make the examination at the claimant's residence, and the fee for such examination shall be $2 in addition to the payment of the actual traveling expenses of the surgeon: Provided further^ That no fee shall be allowed or paid to any member of such board of examining surgeons who does not actually participate in such examination and sign the certificate thereof. 532 PENSION LAWS. The Commissioner may, when in his judgment the degree of disability cannot be determined truthfully or satisfactorily except- ing by expert examination, employ an expert, not a regularly appointed surgeon, to make the examination, and the fee for such examination shall be $5 : Provided, That the fee for an expert examination shall not be paid to any regularly appointed examin- ing surgeon. The fee for the examination of claimants who reside out of the United States shall not exceed $10, which shall be paid upon the presentation of satisfactory vouchers, out of the appropriation for the payment of the examining surgeons, and through the United States consulate nearest to the claimant's place of residence. Sec. 5. That no person who is now receiving or shall hereafter receive a pension under a special act shall be entitled to receive in addition thereto a pension under the general law, unless the spe- cial act expressly states that the pension granted thereby is in addi- tion to the pension which said person is entitled to receive under the general law. Approved July 25, 1882. AN ACT to amend section 4766 of the Revised Statutes of the United States. Beit enacted, etc., That section 4766, title 57, of the Revised Statutes of the United States is hereby amended so as to read as follows : "Sec. 4796. Hereafter no pension shall be paid to any person other than the pensioner entitled thereto, nor otherwise than according to the provisions of this title; and no warrant, power of attorney, or other paper executed, or purporting to be executed, by any pensioner to any attorney, claim agent, broker, or other per- son shall be recognized by any agent for the payment of pensions, nor shall any pension be paid thereon; but the payment to persons laboring under legal disabilities may be made to the guardians of such persons in the manner herein prescribed, and pensions payable to persons in foreign countries may be made according to the provisions of existing laws: Provided, That in case of an insane invalid pensioner having no guardian, but having a wife or children dependent upon him (the wife being a woman of good character), the Commissioner of Pensions is hereby author- ized, in his discretion, to cause the pension to be paid to the wife, uuon her properly executed voucher, or, in case there is no wife, to BOUNTY. 533 the guardian of the chiklren, upon the properly executed voucher of such guardian, and in like manner to cause the pension of inva- lid pensioners who are or may hereafter be imprisoned as punish- ment for offenses against the laws to be paid while so imprisoned to their wives or the guardians of their children. And pensions to Indian pensioners residing in the Indian Territory may be paid in person by the pension agent, upon a suitable voucher, at some con- venient point in said Territory, which, together with the form and manner of identification of the pensioners, may be prescribed by the Secretary of the Interior, such payments to be made in standard sil- ver at least once in each current year. And payments in person shall be made to the pensioner, in cash, by the pension agent whenever in the discretion of the Commissioner of Pensions such personal payment shall be by him deemed necessary or proper to secure to the pensioner his rights; and the necessary and actual expenses of such pension agent in making such payment shall be paid by the Secretary of the Interior upon properly executed vouchers, out of the contingent fund appropriated for the use of the pension office. The Commissioner of Pensions may, when in his judgment it shall be deemed necessary or proper, visit in person for the purpose of examination and inspection, or may send any one or more of the officers of his bureau for that purpose, any of the pension agen- cies or medical examining boards or surgeons; and the necessary and actual expenses of such visits shall be paid by the Secretary of the Interior, upon properly executed vouchers, out of the contin- gent fund of said bureau." Approved August 8, 1882. [ The foregoing are all the laws necessary for pensioners, and persons entitled to military bounty, the omitted sections relating to offlcers and duties of pension 3-] BOUNTY. The following is a brief synopsis of the bounty laws: 1. Volunteers who enlisted before July 22, 1861, for three years, and who were mustered into the service before August 6, 1861, are entitled to $100 bounty. This is not payable to soldiers dis- charged by way of favor, or for promotion, and does not go to heirs. 2. Volunteers who enlisted for two and three years, between April 12, 1861, and December 24, 1863, or between April 1, 1864, 584 BOUNTY. and July 18, 1864, are entitled to SlOO bounty, }3rovided they actually served two years or more as enlisted men, or were discharged before serving two years on account of wounds received in line of duty (see paragraph 9). If the soldier was discharged before serving two years on account of disease., he is not entitled to bounty. If after his discharge for disease before serving two years, the soldier died before July 28, 1866, his heirs are entitled to $100 bounty. 3. Soldiers who enlisted for and served three years after April 19, 1861, are entitled to $100 additional bounty, and those who enlisted for, and served two years after April 14, 1861, are entitled to $50 additional bounty. This bounty is not payable to a soldier who is entitled to a greater bounty than $100. 4. Volunteer recruits who enlisted between October 24, 1863, and April 1, 1864, for three years in old organizations already in the field, or who enlisted between December 24, 1863, and April 1, 1864, for three years in a new organization, are entitled to a bounty of $300. 5. Volunteers who enlisted between July 18, 1864, and April 30, 1865, are entitled to $100 bounty for each year's service. 6. Soldiers who were discharged after nine months consecutive service were permitted after January 1, 1863, and before April 1, 1864, to re-enlist and become veterans, but if discharged to re-enlist in the same regiment, they must have previously served two years. Veterans are entitled to $400 bounty. The bounty described in paragraphs 4, 5, and 6 was paid in installments during the service, and nearly every man got his money. 7. Where the soldier is dead, his heirs are entitled to the bounty due for his service, except paragraph 1. 8. No bounty is paid for enlistments jpi'ior to April 12, 1861, nor after April 30, 1865. Drafted men and substitutes enrolled between March 3, 1863, and September 5, 1864, for three years, are entitled to $100 bounty. This is the only bounty to which they are entitled. 9. Soldiers discharged before serving their full term of enlist- ment on account of wounds or injuries^ are entitled to the full bounty due for their enlistments. Any physical injury, whether caused by v'iolence, accident, or wound received in battle, is a "wound"' under the law. For forms of application for pensions apply to any ])ensidn agent, or to the Commissioner of Pensions^ Washington, D. C CHAPTER XIX. COMMON CARRIERS. Carriage is either inland or marine. Carriers upon tlie ocean, and upon arms of the sea, are marine carriers; all others are inland carriers. A carrier of persons for rewara must use the utmost care and diligence for their safe carriage, and must provide everything necessary for that purjjose, and must exercise a reasonable degree of skill. A carrier of persons for reward is bound to provide safe and proper vehicles for that purpose, and is not excused by any degree of care for failure in this respect; nor must he over-crowd or over- load his vehicle. He must give to his passengers all such accommodations as are usual and reasonable; must treat them with civility and give them a reasonable degree of attention, and must travel at a reasonable rate of speed and without unreasonable delay, or deviation from his proper route. Property carried is called freight; the pay for it is called freightage; the person who delivers freight to the carrier is ca,lled the consignor, and the person to whom it is to be delivered is called the consignee. A carrier of freight for reward must use ordinary diligence in the performance of all his duties; while a carrier of freight without reward must use some care and diligence. He must deliver the freight to the consignee at the place to which it is addressed, and in the manner usual at that place. If there is no usage to the contrary at the place of delivery, freight must be delivered as follows: 1. If carried upon a railway owned or managed by the carrier, it may be delivered at the railroad station nearest to the place to which it is addressed. 2. If carried by sea from a foreign country, it may be delivered at the wharf where the ship moors, within a reasonable distance (535) 536 - COMMON CAKEIEKS. from the place of address, or if there be no wharf, on board a lighter alongside the ships. 3. In other cases, it must be delivered to the consignee or his agent, personally, if either can be found; or it may be stored and the consignee notified of the fact of such storage. Freight is liable for its own freightage and the carrier has a lien upon the freight until such freightage is paid. Freightage can not be charged upon the natural increase of freight. The consignee is liable for freight if he accept it with notice that the consignor intended he should pay it. A carrier of messages for pay must use great care and diligence in transmitting and delivering such messages; and a carrier hy telegraph inust use the utmost diligerhce in hoth the transmission and delivery of telegraphic messages. A COMMON CARRIER IS evevy person^ firm, or corporation who offers to the public to carry persons, property or messages of what- ever he or they thus offer to carry; and must, if the vehicle or car- riage be not full, accept and carry whatever he undertakes publicly and is accustomed to carry, when offered to him or them at a rea- sonable time and place. A common carrier Ga7i not legally give preference in time, price, or otherioise to one perso7i over another, unless expressly authorized so to do hy statute, or when he carries for the State or the United States. When carrying persons, he must provide every passenger with a seat, and must carry the passenger's luggage and deliver it at its destination to the passenger to whom it belongs; but he may require the fare of passengers and luggage exceeding the pre- scribed weight, either before starting or at any subsequent time. A passenger who refuses to pay his fare, or to conform to any lawful regulation of the carrier, may be ejected from the vehicle by the carrier, but with as little violence as possible, and at any usual stopping place, or near some dwelling-house. After ejecting a passenger, a carrier has no right to require the payment of any part of the passenger's fare. A common carrier has a lien upon, and may retain, the luggage of a passenger for the ])ayment of such fare as he is entitled to, for the tri]). A carrier ot messages by telegraph, must transmit every mes- sage immediately upon its receipt, if practicable; but if several COMMON CARRIERS. 537 messages accumulate upon his hands, he must transmit them in the following order: 1. Messages from public agents of the United States, or of his own State, on public business; 2. Messages intended in good faith for immediate publication in newspapers and not for secret use; 3. Messages giving information relating to tlie sickness or death of any person; 4. Other messages in the order in which they were received. He is liable to damages for neglecting or postponing a message contrary to the above, when he shall have received payment for transmitting the same. Common carriers, and all other persons, are responsible for the consequences of their own willful and negligent acts; and also for the willful and negligent acts of their agents, done in discharging the business of their employers. Owners of steamboats who tow vessels, and private individuals who may agree to convey a man's goods on a special occasion are not liable as common carriers. Owners of stages, hackney-coaches, and other vehicles for car- rying passengers with their baggage or luggage are liable as common carriers for baggage or luggage intrusted to their care, but not for goods, unless under a special agreement. Common carriers are liable for the entire value of the goods if not delivered to the proper person,' except a pirate or other public enemy destroys or captures them, or the act of God (against which foresight can not provide nor human power withstand) destroys them. They are not liable for inevitable losses caused by light- nings, storms, hurricanes, eartliquakes, the ordinary decay of per- ishable goods, spontaneous combustion, leakage of casks, or the carelessness of shippers. Against all other perils the carrier is held as an insurer. If a mob seize the goods, the carrier is held. Any passenger-line in the habit of carrying goods for hire, is un- der the carrier laws. If a stage-driver, or person going along in the conveyance, takes money or goods to carry for his own profit, he alone is responsible; it is the same if he went in a railroad car, steamboat, etc., which takes passengers only. To make the owner or master of a vessel liable as a common carrier, she must be open to transport anybody's goods to the port agreed on — no matter whether there be one shipper or many, or whether she be in the home, foreign, coasting, river, or ocean ser- 538 COMMON CAERIEKS. vice; but a ship that carries only for one or more particular indi- viduals comes not under the carrier laws, nor does an owner who lets the tonnage to particular shippers. If the owners charter a vessel to certain persons for a voyage at a specitied freight, they are common carriers, unless the terms of the charter party relieve them. Carriers are responsible for the acts of all persons in their em- ploy; the act of the agent or servant is deemed to be the act of the principal and master. Injuries done to the goods by strangers must be made up by the carrier. He is liable for accidental fires, thefts and robberies; the goods must be delivered as directed, in the same good order in which they were intrusted to him. The common carrier must receive all such goods as are offered for the place to which he carries, from anybody willing to pay the regular or a reasonable freight charge; proof of readiness and willingness to pay is enough, though it might be advisable to ten- der the charges if a suit is intended. The carrier may refuse if he is full, or the goods are dangerous to be carried, or until he is ready to receive them, or if they are goods it is not his custom to carry, or for a good reason. When he takes freight, he must de- liver it in a reasonable time; his ship should be seaworthy, and properly furnished and manned, and he must loroceed to the port advertised or otherwise agreed on. A carrier is not liable for loss by a river or canal freezing up, during his voyage, unless he neglected to use due diligence; nor for the leakage of a ship strained in a storm, nor for losses from collision of his ship with another, unless he was negligent; but for losses by theft and robbery, and for all felonies except piracy, he is liable. The carrier is liable for goods the moment they are delivered to him; any delivery, in which he specially accepts the goods, binds him; acceptance is frequently implied and binding from the usage of business. Where a carrier receives his freight, even at the shipper's warehouse or that of his agent, and takes it in charge, if that be the usage, it binds him. He is not liable for goods left in the yard of an inn, where sev- eral carriers put up, and not actually delivered to him. For goods delivered at a wharf to some unknown person, of which the wharfinger had no knowledge, he was held not liable. When goods have reached the destined place, they must be de- livered to the proper person, or deposited in the proper place, and COMMON CAERIEES. 539 the consignee, or one entitled to receive tliem, duly notified. If lie accepts the delivery, the carrier is no longer liable. In some instances the local usage, or the custom of particular carrying- trades, in the absence of express directions from the shippers, reg- ulates the delivery; but if there is a special contract, it must be fulfilled If the carrier of a line from Boston to New York takes goods to be forwarded to Philadelphia by a particular conveyance, his liability ceases, as carrier, when they are safely deposited at New York, and ready for such next conveyance; but if he takes goods to forward to places beyond the extent of his own line, he is answerable as carrier to the place of final destination. A carrier is answerable for losses from deposits or storage of goods on the route; but if goods are left in his possession beyond a reasonable time, he is only bound to take ordinary care. If he delivers goods under a mistake of his own, or of fraud on the part of others (other tlian the owners or shippers), he must make good the value to the owner. No contract, no public or personal notice, will exempt the car- rier of goods from losses caused by his or his agents' neglect or fraud; but any notice of the carrier (if the shipper can be proved to have read it or known of its existence, and not otherwise) that he will not take goods of great value, or that he will not pay more than a specified sum unless specially informed of such value and paid in proportion to the risk, is good. An ambiguous notice will be construed against the carrier. Notices at each end of a route will not bind those who ship goods at intermediate places, unless specially made known to them. A personal notice to the princi- pal is binding on all his agents who may forward by the same line. A carrier can not, by any transfer of the goods to another carrier, exempt liimself ; if he forward in another mode than that understood, he will be liable, in cases where his notice would have otherwise protected him. If the owner of goods mislead the carrier as to their value, or make false statements calculated to lessen his vigilance, it is a fraud upon him. Where there is no notice, or special contract of limitation, it is enough for the owner to show the carrier's undertaking the car- riage of his goods, and a non-delivery. The carrier must show why he did not deliver; but when there is a notice, the owner must show a want of ordinary prudence in the carrier. A valid 540 COMMON CAKKIERS. seizure of goods because of an illegal act of the owner, will excuse a non-delivery; but tlie seizure must be valid, or the carrier will be liable. The carrier has legal power sufficient to put any claim- ant to the proof as to his title to take the goods; if he neglect to use that power he is liable. In case of stolen goods, the carrier must deliver them to the owner on demand. "When goods are sent by water, and it becomes necessary to throw a part overboard, thereby to save the rest, the loss is to be general. When one shipper's goods are thus destroyed, and those of others saved, the loser may demand a contribution from all the others, and from the ship-owners, and the party entitled to freight in such equitable amount as will subject him only to his fair pro- portion of the loss according to the value of goods he had shipped. Land -carriers, when inevitable perils oblige them to incur unusual charges, may demand payment by an equitable contribution. The carrier has a right to demand payment when he receives the goods. He may refuse to take them if not so paid; but if he take them, to be paid at the end of the route, he may retain them till paid, on his arrival there. He may waive this lien by agreement, in which case his charges become a simple debt. As a general rule, the consignor is bound for the freight; but the con- signee, if he engage to pay, is also. Nautical usages have often become, by the decisions of courts, positive law. Diiferent States have passed local laws to regulate their navigation; if a carrier break any of these rules to the loss of a shipper, he is liable. In the States of New York and Ohio, special notices and special contracts, by common carriers, are held to be against the policy of the law, and therefore utterly void. The courts also hold that the notice that " all baggage is at the risk of the owner" is a nullity; but the carrier may require the shipper to disclose the nature and value of the property, or make a special accept- ance. Warehousemen, wharfingers, and private carriers, are only bound to use ordinary care and diligence, and are liable but for gross negligence or bad faith. Common carriers are bound to carry passengers safely and prop- erly to their place of destination; to use the utmost skill, care, and diligence; and are responsible for the least neglect. If an ac- cident hap])eo, it falls to the carrier to show that it was not his fault. All who seek a passage are to be treated with impartiality, but must pay in advance, if required, and submit to reasonnble COMMON CAERIEES. 5-il rules for the general convenience and comfort. Persons of coarse, rude conduct, or of suspicious or notoriously bad character, may be refused. The conveyance must be suitable for the passage, having skillful, prudent, faithful conductors and servants. If by water, the vessel must be seaworthy, with a competent crew. His baggage must be duly delivered to the passenger, or the carrier must keep it for him a reasonable time In case of a coachman, if he be rash, careless, races violently, or by want of caution runs foul of anything, and an accident hap- pen, the proprietors are liable. The baggage he may detain for unpaid fare. Form of Receipt by a Cominon Carrier. TRIPLICATE. OREGOX RAILWAY AND NAVIGATION CO. 188-. Received from , in apparent good order, the following described packages (contents and value unknown), by the ORE- GON RAILWAY & NAVIGATION CO., marked and numbered as below, subject to the conditions and regulations of the published tarifi of said company, to be transported by said company over the company's line of transportation to the freight station, wharf or landing at destination, and delivered in like good order to the consignee or owner AT SAID STATION, WHARF OR LANDING, or, if the same are to be forwarded beyond the line of the OREGON RAILWAY & NAVIGATION CO., to such com- pany or carriers, whose line may be considered a part of the route, to the place of destination of said goods or packages. MARKS. Consignee and Destination. ARTICLES. WEIGHT. Subject to Condition. Common carriers should be prohibited by law from discrimi- nating against persons and places; and also from charging higher prices for hauling passengers or freight a less distance than for a greater; and if Congress would pass such a law, relating to rail- roads and all inter-state travel and commerce, a lasting benefit would be conferred upon the people of the United States, and their 542 LIABILITIES OF MINORS. eternal gratitude, as well as tlieir interests, would be secured. As Congress has not yet passed such a law, every State and Territory should do so, and the people should demand its enforcement. LIABILITIES OF MINORS. Persons of both sexes are minors until they are of legal age by statu-te. Minors can not do any act to the injury of their property which they may not repudiate or rescind when they arrive at full age. Every contract entered into by a minor which is clearly to his prejudice, is absolutely void; and a contract which is clearly to his benefit is good; and one that is uncertain, whether prejudicial or advantageous, is voidable only at the election of the minor. If the contract be voidable only, it is binding on the adult party thereto until it is rescinded by the minor. A contract for necessaries is binding on an infant, and he may be sued on such a contract, but the articles must be shown to have been necessary for him under the circumstances and condition in which he was placed when they were furnished. The real circum- stances of the minor must be looked at, not his ostensible condi- tion. Necessaries for a minor's wife and children are necessaries for him. If a minor marries he is no longer a minor. Infancy or non-age can not be taken advantage of to protect a fraudulent act. An infant has been held liable for deceit in obtaining a loan of money on the fraudulent affirmation that he was of age. A father is not bound by the contract of his son, even for articles that are necessary and suitable for the minor, urdess an actual authority be proved, or the circumstances be sufficient to imply an authority. What circumstances will be sufficient to infer an authority must always be a question to be determined in each par- ticular case. The father is liable for necessaries furnished his minor children, but they must be strictly necessaries, such as the father is in duty bound to furnish, and has not provided. CHAPTER XXII. DEFINITIONS, FORMS AND ABSTRACTS. Po"wer of Attorney. A power of attorney is an instrument in writing whereby one person delegates to another authority to do any act for him, with tlie same binding effect as though it were done by the principal. Every person who has power, in his own right, to do any act, may delegate the power to do that act to any other person; but an attorney can not substitute another in his place unless express authority is given him to do so. Every person intrusted with discretionary power in respect to the business of another should perform the duties himself; for, generally speaking, he can not give to another authority to exer- cise those discretionary powers. The authority of an attorney ceases when withdrawn by his principal ; but when the attorney has an interest in the execution of the power, it is then irrevocable. The revocation of a power of attorney takes effect as to third persons from the time they have notice of it. Powers of attorney, to be used in a foreign country, should be acknowledged before a notary public, and the signature of the notary certified by the consul of the Government to which the power of attorney is to be sent. "When intended to be used in another State, they should be duly proved or acknowledged according to the laws of the State where they are executed. Bonds. A hond is a written instrument under seal, acknowledging some liability, duty or obligation, with a penalty for non-fulfillment. Fraud vitiates every instrument into which it enters. The maker of the bond is called the ohligor^ the person to whom it is made the obligee. The amount of money first named in a bond for the payment of money is called the penal sum^ and is usually double the amount (543) 544 ASSIGNMENT. of the condition, in order to cover interest and. cost of recovery, should the conditions of payment not be complied with. Assignment. An assignment is a transfer of one man's interest in property to another, enabling the person to whom it is assigned to have the same control over the thing assigned as though he were the origi- nal owner. An assignment made with the intent to hinder, delay, or defraud creditors or other persons, is void. An assignment may be made for the benefit of the one to whom it is made; or partly for his benefit and partly in trust for the benefit of others; or wholly in trust for the benefit of others. If there be reserved in an assignment any profit, benefit, or advantage, to the one making the assignment, this will be con- clusive evidence of fraud; and the assignment should be at once set aside on the application of creditors prejudiced by it. But the assignee may employ the assignor in settling up the claims and such like business necessary to be done.* An assignment, like any other conveyance, of an interest in lands, should be immediately acknowledged and properly re- corded. An assignment to a near relation is always looked upon with great suspicion by the courts; and, unless made with entire good faith, and for a valuable consideration, will be set aside on the application of creditors upon whom it operates as a fraud. Wills. A will is the legal declaration of what a person determines to have done with his property after death. The person making a will must be of sound mind, and must act freely and voluntarily. Great care should be exercised in drawing up a will. Few per- sons are aware how difficult it is to make an unobjectionable will. Always secure legal advice, and that of a trustworthy kind, wlien possible to do so. The statute laws and regulations respecting wills and devises are so minute and important in every State, that there is great danger of coming in conflict with some statute pro- vision in attempting to make a will without advice. It is of the utmost importance that the property bequeathed aiid the condition and intentions of the testator should be clearly and * In some States such employment would be held as conclusive evidence of fraud ; Instance, California and Nevada. WILLS. 545 accurately expressed; and unless he has good legal advice he should make a disposition of his property as simple as possible. Any person of proper age and of sound mind may make a will. A married woman cannot make a will except in relation to trust property, unless the statute law of the State gives it, which is the case now in many States. Children may bequeath personal property, but not real estate;, the limitation of the age for such a bequest is generally eighteen years for male and sixteen for females. The maker of a will is called a testator (if a female a testatrix). There are two kinds of wills, nuncupative and olographic. Nuncupative wills are wills made by word of mouth. They are usually unsafe, as they must depend upon persons hearing the same, and even when well authenticated often cause long and costly litigation. Olofirraphic wills are wills written by the testator's hand. A testator should always name his executors, but the will is perfectly good without any being named, as the court of probate will appoint an administrator. The testator should distinctly say in the beginning of the instru- ment that it is his last will. If other wills have been executed it is well to say, "Hereby revoking all former wills." Great care should be exercised in the selection of witnesses, as this part is material; they should write their respective places of residence after their names, their signatures being written in the presence of each other, and in the presence of the testator. The States of Missouri, Illinois, Ohio, Kentucky, Arkansas, North Carolina, Tennessee, Iowa, Utah, Texas, California, New Jersey, Delaware, Indiana, Virginia and New York require two subscrib- ,ing witnesses. The States of Connecticut, Florida, Georgia, Louisiana, Mary- land, Massachusetts, Maine, Michigan, Minnesota, Mississippi, New Hampshire, Oregon, Rhode Island, South Carolina, and Vermont, and District of Columbia, require three attesting wit- nesses. Should any litigation follow the death of a testator, or any ques- tion arise as to his sanity, the evidence of the witnesses to the will is first to be taken, and is very important. Any pesron competent to do ordinary acts of business may be witnesses. Married women and minors may be witnesses, but no one interested in the will, either as a legatee or executor, should witness a will, as such a 35 646 WILLS. bequest would be void, but not invalidate the rest of the will. The word "bequeath " applies to personal estate, and "devise " to real estate onl^. The testator may appoint his executors. Executors must be of legal age at the time of proving the will; a convict, a confirmed drunkard, a lunatic, or an imbecile, cannot act as executor. Ko person appointed as an executor is obliged to serve. By common law a will is revoked if the testator afterward marry and have a child. If the testator after this intend that his will shall take efiect he must expressly confirm it, and should make a new will. A husband is entitled to administer in preference to any one else, upon property left by his wife, who possesses property and dies without a will, provided he be of sound mind. If tlie testator leaves a bequest to a wife instead of dower, he should so state it. The wife is not legally compelled to accept of such bequest, but may choose between her legal rights of dower and that of the will. The will of an unmarried woman is revoked in many States by her subsequent marriage. If children are not provided for in a will, the law presumes that they were forgotten, and gives any such child the same share as if there were no will, unless the omission is explained in the will. A codicil is something additional to a will, and should be ex- ecuted in the same manner as a will. A codicil does not revoke a will ; it may consist of a further be- quest or a revocation, in part, of the bequests of the will. An executor is a person named in the will of a deceased person to settle his or her estate; there may be one or more, and they may be male or female. An administrator is one appointed by the court to settle the estate of a deceased person. The husband of a deceased wife, or the wife of a deceased husband has generally the right to be ap- pointed administrator, after them the next in kin, in the order of relationship. The executor should offer the will for probate as soon as he can, and in proving the will, filing bonds, giving notice, making and returning inventory, and the like, conform to the law of the State and rules of probate. DOWEK. 547 Dower. In those States and Territories where the common law prevails instead of statutory laws contravening the common law, wives have a certain interest in the estate of their husbands, called dower. Dower is the interest which the common law of England and of those States which still adhere to it, allows a wife in the lands of her husband, in the event of her surviving him. It is generally the right to have the one-third part in value of the lands of her husband set off to her for her use during her natural life, but which she cannot dispose of for a longer period than her life. The rights of the wife in personal property depend on the statute regulations of the States. If the husband by his will devise a legacy to her in lieu of her dower, she has the right to choose which she will take, the dower or the legacy. In case of an exchange of lands, the widow must elect whether she will take her dower in the lands given in exchange or in those taken in exchange. An assignment of dower is a conveyance, by the heirs, of a certain part of the lands to the widow for life, in lieu and satisfac- tion of her dower interest in the whole. Never take a conveyance of real estate from a married man without seeing that his wife joins in the conveyance, and properly acknowledges it, according to the laws of your State, before the proper officer. If she be not twenty-one years of age, she can not bar her right of dower, in which case it will be of no use for her to join in the conveyance. As to acknowledgments by the husband and wife, see the re- spective States. A female wishing to secure the property she may possess, so as to enjoy the benefit of it after marriage, free from the control and liabilities of her husband, can effect her purpose by conveying it to a third person in trust for her benefit. If a husband wishes to convey property to a wife, he can do so by conveying to some friend in trust for her benefit. Such a con- veyance would be set aside on the application of creditors whose rights were prejudiced by it, but they will secure the property to the wife against everybody else. The dower may be held, assigned or released, and for conven- ience in either of the latter cases the following forms are given: 548 DOWEK, Form of Assignment of Dower. This indenture, made the day of , in the year one thousand eight hundred and , between John Doe, of the town of , in the county of , and State of , and Rich- ard Doe, of the town of , in the county of , and State of , sole heirs of William Doe, late of aforesaid, now de- ceased, parties of the first part, and Susan Doe, of aforesaid, widow and relict of the said William Doe, deceased, of the other part: Whereas, The said William Doe was seized at the time of his decease in fee simple of certain lands and tenements, which, upon his decease aforesaid, descended to the said John Doe and Richard Doe, his sole heirs at law; — Now this indenture witnesseth, that the said John Doe and Richard Doe have set off and assigned, and by these presents do set off and assign, unto the said Susan Doe, all that, etc. (here describe the premises assigned); to have and to hold the same, with all the tenements and appurtenances thereunto belonging, unto the said Susan Doe, for and during the term of her natural life, as and for her dower, and in lieu of and full satisfaction of all her dower and claim of dower, in the lands of which the said William Doe died seized. And the said Susan Doe hereby signifies her acceptance of the premises so set off and assigned to her, as and for her dower and in full satisfaction of all her dower and claim of dower in the lands whereof the said William Doe, her late husband, died seized. In witness whereof, the parties to these presents have hereunto set their hands and seals the day and year first above written. John Doe. [seal.] Richard Doe. [seal.] Susan Doe. [seal.] Signed, sealed and delivered, in presence of Form of Release of Dower. To all to whom these presents shall come, Susan Doe, of the city of , in the county of , and State of , widow and relict of John Doe, late of the same place, deceased, sends greet- ing: Know ye, that the said Susan Doe, the party of the first part to these presents, lor and in consideration of the sum of five hundred doHars, lawful money of the United States, to her in hand paid at or before the ensealing and delivery of these presents, by Richard Doe, of the city of , in the county of , and HUSBAND AND WIFE. 549 State of , of the seconci part, the receipt whereof is hereby acknowledged, hath granted, remised, released, and for ever quit- claimed, and by these presents doth grant, remise, release and forever quit-claim, unto the said party of the second part, his lieirs and assigns for ever, all the dower and thirds, right and title of dower and thirds, and all other right, title, interest, property, claim, and demand whatsoever, in law and equity, of her, tlie said party of the lirst part, of, in, and to all that certain piece or parcel of land, etc., [Here describe the premises.] SO that she, the said party of the first part, her heirs, executors, administrators, or assigns, nor any other person or persons, for her, them, or any of them, shall not have, claim, challenge, or de- mand, or pretend to have, claim, challenge, or demand, any dower or thirds, or any other right, title, claim, or demand whatsoever, of, in, and to the same, or any part or parcel thereof,' in whosesoever hands, seisin, or possession, the same may or can be, and thereof and therefrom shall be utterly barred and excluded for ever by these presents. In witness whereof, the said party of the first part to these presents hath hereunto set her hand and seal, the day of , in the year of our Lord one thousand eight hundred and Sealed and delivered in the presence of Susan Doe. [seal,.] In many States a very dififerent, a more liberal and just, rule prevails with relation to husband and wife. HUSBAND AND WIFE. In California, Colorado and Nevada, and in most other States and Territories of the Western portion of the United States where civil-law rules generally prevail, the following are the legal rela- tions of husband and wife : 1. Marriage is a civil contract. 2. The husband and wife contract toward each other obligations of mutual respect, fidelity, and support. 3. The husband is the head of the family. He may choose any reasonable place or mode of living, and the wife mui^t conform thereto. 4. Neither husband nor wife has a legal interest in the separate 550 HUSBAND AND WIFE. property of the other, but neither can be excluded from the other's dwelling. 5. Either husband or wife may enter into any engagement or transaction with tlie other, or with any other person, respecting property, which either might, if unmarried, do, respecting the separate property of each, subject to certain conditions. 6. A husband and wife can not, by any contract with each other, alter their legal relations, except as to property, and except that they may agree to an immediate separation, and may make pro- vision for the support of either of them and of their children during such separation. The mutual consent of the parties is a sufficient consideration for such an agreement. 7. A husband and wife may hold property as joint tenants, ten- ants in common, or as community property. 8. All property of the wife owned by her before marriage, and that acquired afterward by gift, bequest, devise, or descent, with the rents, issues, and profits thereof, is her separate property; and the wife may, without the consent of her husband, convey her separate property. 9. All property owned by the husband before marriage, and that acquired afterward by gift, bequest, devise, or descent, with the rents, issues, and profits thereof, is his separate property. 10. All other property acquired after marriage, by either hus- band or wife, or both, is community property. 11. A full and complete inventory of the separate personal property of the wife may be made out and signed by her, ac- knowledged or proved in the manner required by law for the acknowledgment or proof of a grant of real property by an unmar- ried woman, and recorded in the office of the recorder of the county in which the parties reside; and the filing of such inventory in the recorder'' s office is notice and primary evidence of the title of the wife. 12. A wife cannot make a contract for the payment of money. 13. The earnings of the wife are not liable for the debts of the husband. 1-1. The earnings and accumulations of the wife, and of her minor children living with her or in her custody, while she is living separate from her husband, are the separate property of the wife. 15. The separate property of the husband is not liable for the debts of the wife contracted before the marriage. HUSBAND AND WIFE. 551 16. The separate property of the wife is not liable for the debts of her husband, but is liable for her own debts contracted before or after marriage. 17. The husband has the management and control of the com- munity property, with the like absolute power of disposition (other than testamentary) as he has of his separate estate. 18. No estate is allowed the husband as tenant by courtesy upon the death of his wife, nor is any estate in dower allotted to the wife upon the death of her husband. 19. If the husband neglects to make adequate provision for the support of his wife, any otlier person may, in good faith, supply her with articles necessary for her support, and recover the rea- sonable value thereof from the liusband. 20. A husband abandoned by his wife is not liable for her sup- port until she offers to return, unless she was justified, by his mis- conduct, in abandoning him. 21. The wife must support the husband out of her separate property, when he has no separate property and they have no community property, and he, from infirmity, is not able or com- petent to support himself. 22. The property rights are governed by the foregoing rules unless there is a marriage settlement containing stipulations con- trary thereto. 23. All contracts for marriage settlements must be in writing, and executed and acknowledged or proved in like manner as a grant of land is required to be executed and acknowledged or proved. 2-1. When such contract is acknowledged or proved, it must be recorded in the office of the recorder of every county in which any real estate may be situated which is granted or affected by such contract. 25. The recording or non-recording of such contract has a like effect as the recording or non-recording of a grant of real property. 26. A minor capable of contracting marriage may make a valid marriage settlement. (California and Nevada codes, and the codes of most States and Territories of the extreme West.) In many of the States and Territories, the statutes provide that '■^mam^ied women may hecome sole traders^'''' and do business in their own names and on their accounts; and such should be the law in every State, for often the wife possesses better business judgment and capacity, as well as better habits, than her husband. For the benefit of such is given the following. 652 BIGHTS OF Form of Petition for Sole Trader. To the Hon. , Judge of the Court, in and for the County of , and State of . The petition of A B respectfully represents to the court that she, voiir petitioner, is a married woman and the wife of C B, and that she has resided for months last past, and now resides in said county of , and State of -. Your petitioner further represents that she desires to transact the business of (state the business comprehensively), as a sole trader and in her own name, under and by virtue of the provisions of an act of the Legislature of said State of , entitled "'An Act (state the title of the act), approved , a. d. 18—; that this application is not made to hinder, delay or defraud any creditors of her said husband, and that she has not received exceeding dollars from her said husband with which to carry on said busi- ness. (All the allegations required by the statute must be stated in the petition). Wiierefore your petitioner prays the decree of the court, that she be authorized to act as a sole trader, and transact business in her own name. AB, Petitione7\ State of , I „„ County of . f A B, being duly sworn, says, that she is the petitioner above named; that she has heard said petition read, and that the same is true. AB. Subscribed and sworn to before me, this day of , A. D. 18—. CD, Justice of the Peace {or other officer). ABSTKACT OF STATE LAWS RELATING TO RIGHTS OF MARRIED WOMEN. Alabama. All property acquired before marriage by the wife, and all property she may be entitled to by gift, grant, inheritance or devise, is not liable for any debts of her husband, and may be devised or bequeathed by her as if she were iifemme-sole. A wife's separate estate may be conveyed by the wife, her husband ioiniiig, attested in the presence of two witnesses, or acknowl- "edged before the ])ropur officers. The husband is not liablefor tlie wife's debts contracted before marriage. She may be sued alone, and her separate property is liable for the satisfaction thereof. MARRIED WOMEN. 553 The huSlDand is the wife's trustee, but not liable to account for the profits. Her estate is liable for the necessary support of the family if the husband is unable to satisfy an execution. If the wife die intestate the husband is entitled to one-half the personalty, and to the use of realty during life. If tlie husband dies intes- tate the widow is entitled to one third of the realty and one half of the personalty. The widow may dissent from provision in a will and claim her dower at any time within one year after the probate of the will. She may retain the dwelling place, house, plantation, etc. , free from rent, until dower is assigned her. If the husband is unable to manage her estate she maybe vested with the powers of a femme-sole. Arkansas. A married woman can hold property, both personal and real, and is not liable for her husband's debts, but a sched- ule, under oath, and veriiied by the oath of some other reputable person, must be made by the husband and wife, and filed in the recorder's office of the county where the property is, and of the county where they reside. She may make a will, may insure her husband's life for' her benefit. She may control her property, may sue and be sued, as if unmarried. The widow is entitled to one- third part of the estate, unless she relinquishes the same in legal form. California. All property acquired by the wife before marriage, and that acquired afterward by gift, grant, inheritance, or devise, is her separate property, and not liable for the debts of the hus- band. The husband's property, similarly acquired, will be his separate property, and is not liable for the debts of the wife. All property acquired other than as mentioned shall be common prop- erty, but under the husband's control. Such common property cannot be sold unless by some written instrument jointly signed by husband and wife and acknowledged by her upon a separate ex- amination before the proper officials. A filing of a full and com- plete inventory of the wife's property must be made, signed by her and proved in a court of record and duly recorded. All such property is exempt from seizure for a husband's debts, One half of the common property goes to either survivor, the other half to the descendants of the deceased husband and wife, subject to the payments of the debts of the deceased; if not descendants, the whole to the survivor subject to such payment. Dower and cour- tesy are abolished. A wife may insure her husband's life for her benefit. Colorado. A married woman may hold real and personal property, may bargain, sell and convey her estate and make any con- 554 RIGHTS OF t tract with reference thereto, as though a femme-soLe. She may also sue and be sued, contract debts in her ov^n name and npon her own credit, execute any instrument of writing, and judgments may be pronounced and enforced against her as though o^femme- sole. The husband is liable for debts of the wife contracted bef )re marriage to the extent of the property he may receive through her, but no further. Dower is abolished. Connecticut. A married woman may hold real estate to her separate use in her own name but the husband must join her in all conveyances. The avails of all such property belong to her, but the husband is a trustee of her personal estate; he may be re- moved for cause and another trustee appointed. She may sue and be sued, carry on business in her own name; her husband is not liable upon any causes of action arising from the same. She has rio-ht of dower in one third of the real estate of which her hus- band died possessed, to be to her use during her natural life. Delaware. A married woman may hold and acquire real estate and personalty to her separate use in her own name, and the rents, issues and profits thereof not to be subject to the disposal of her husband nor liable for his debts. Married women, purchasers of real estate, may secure purchase money, or part of it, by recogni- zance, bond, mortgage or otherwise, as single women may; her husband need not be a party, or consent to such act of giving security, and is not liable unless he is a party thereto. She may give bond with or without warrant of attorney. She may receive wao-es for personal labor and sue for same in her own name; may sue'and be sued, and make contracts in reference to her property. Her husband's life may be insured for her benefit if premium paid does not exceed $150. She may be an administratrix. District of Columbia. A woman's rights are not affected by marriage, or any rights acquired during marriage, and are not liable for debts of her hus- band. She may bequeath, devise or convey her property or in- terest therein in the same manner as if she were unmarried. She may contract, sue and be sued in all matters pertaining to her property. The husband is not liable for any such contract made by her. Florida. A married woman mav hold for her separate use real and per- sonal property, whether" acquired before or during marriage, an MARRIED WOMEN. 555 is not liable for her husband's debts. But, in order that it shall be free from his debts, an inventory of the same must be made out in six months after marriage, or after the same shall be acquired by her, and duly recorded. She may sell and convey all real estate inherited by her in the same way as she could if she were unmarried; but her husband must join in the execution and ac- knowledgment. She is entitled to dower in one-third of all the real estate seized by her husband at the time of his death, or at any time during his life, unless she has relinquished the same; and also to one third of his personalty. Georgia. A married woman may hold for her separate use real and per- sonal property and choses in action whether acquired before or during marriage, and is not liable for any debt, default or con- tract of the husband. She has full control of her separate estate as if unmarried. She cannot bind her estate in any way whatever, by contract, suretyship or assumption of the debts of her husband, and any sale made to a creditor of her husband toward discharge of his debts is void. Illinois. A married woman may own, in her own right, real and personal property, and have full control of her separate property, in the same manner that a married man has. She may sue and be sued, may make contracts and incur liabilities, which may be enforced against her; but she cannot enter into or carry on any partner- ship business without her husband's cosnent unless he has aban- doned her, or is idiotic, insane, or in the penitentiary. The hus- band and wife are put upoil the same footing as to dower. The estate by courtesy is abolished. She may make a will. Indiana. A married woman may hold real and personal estate for her sepa- rate use, and is not liable for her husband's debts; but she cannot encumber or oonvey them by deed without the husband joining. Suits against her separate estate should be brought in the name of both. If the husband die testate or intestate, one third of his realty goes to his wife, in fee simple, free from all claims of creditors; but if estate exceeds ten thousand dollars, slie takes only one fourth as against creditors; and if estate exceeds twenty thousand dol- lars only one fifth. If the wife die, one third of the estate goes to the husband. If either die intestate and without a child, the whole estate goes to the survivor. A. wife may elect to take under his will or by law. 556 EIGHTS OF lo^va. A married woman can hold property the same as any other per- son, and is liable on all contracts made by her, but her separate property is not liable for her husband's debts. By common law, right of dower exists in this State, and in executing deeds she must acknowledge, separate and apart from her husband, that she was made acquainted with the contents of such conveyance, and relinquished her dower freely and without compulsion from her husband. Kansas. Married women can hold real or personal property, to their sepa- rate use, the same as unmarried, A note or endorsement made by a married woman will bind her property the same as if she were unmarried. Neither the husband nor wife can bequeath more than one half their property away from the other without written consent of the other. If either die intestate and without issue, all his or her property goes to the survivor. Kentucky. A married woman may hold real and personal property acquired before or during marriage, and is not liable for the debts of her husband, but is liable for debts of her and her husband jointly created, in writing, for necessaries furnished her or any member of her family. The property of the husband is not subject to the pay- ment of any of the wife's debts incurred previous to marriage. She may dispose of her separate property by will or execute a power. She is entitled to dower. Louisiana. A married woman may hold realty and personal property as her separate estate, whether acquired before or during marriage, and her husband cannot sell the same. Property acquired during marriage from the joint or separate earnings of husband and wife and the revenues of their separate estate becomes common prop- erty, and is divided equally between them. A married woman has no power in her husband's estate; the husband must join the wife in any conveyance of her separate estate. The wife may make her last will without authority of her husband. Maine. A married woman may hold realty and personalty for her separate use; can control, dispose of, and encumber as though unmarried. Her estate is not liable for her husband's debts. Slie may make contracts, sue and be sued, and her property taken on execution MARRIED WOMEN. 557 to satisfy any judgment obtained against her. A wife must Join in a deed from the husband in selling his real estate, to relinquish dower, and he must join with her In selling her real estate only when it comes to her from him. Maryland. A married woman holds her real and personal property for her own separate use and entirely protected from the debts of her husband. She may devise the same as a fernme-sole^ or may convey the same by a joint deed with the husband. If she die intes- tate, leaving children, her husband has a life estate in her prop- erty; if she leaves no children, her husband has a life estate in her real estate, and her personal property vests in him absolutely. She may be sued jointly with her husband on any note, contract, or agreement, which she has executed jointly with him, and the judgments recovered in such cases are liens on the property of both, and may be collected in the same manner as if the defend- ants were not husband and wife. Massacliusetts. A married woman may hold real and personal property, may convey the same, make contracts, sue and be sued, in the same manner as if she were unmarried; but her separate conveyance is subject to her husband's tenancy by the courtesy. Conveyances, contracts and suits are not authorized between husband and wife. Every woman is entitled to her dower in the lands of her husband, to be assigned to her after his decease, unless she is lawfully- barred thereof. Michigan. A married woman may hold real and personal estate to her separate use; can control, dispose of and encumber in the same manner, and with like effect, as if unmarried; may sue and be sued in relation to her sole property. Dealings directly between husband and wife are permitted. The husband has no interest in the property of the wife as tenant by the courtesy. Separate property acquired by females before or after marriage is not liable for the husband's debt. The wife is entitled to dower in all lands owned by her husband during coverture. Minnesota. A married woman may hold real and personal property in her own name and use, whether acquired before or after marriage; may make contracts, and her property is liable for her debts; but no conveyance of her separate real estate is valid unless her hus- band join therein. 558 eights' of Mississippi. A married woman may hold real and personal property for her own separate use, and all revenue from same accrues solely to her benefit; she can control, dispose of and encumber as though un- married, but her husband must join in a deed of conveyance. She may dispose of it by last will. She may not bind her estate for her husband's debts beyond its revenue. She may engage in trade, as if unmarried. She is then bound for all contracts made in the course of trade; she is liable for ante-nuptial debts. A widow is entitled to her dower of one third of all lands of which her hus- band died seized and possessed, or which he had conveyed during his life-time otherwise than in good taith or for a valuable consid- eration, during her life. If there are no children, she inherits all of her husband's estate. The husband is entitled, in courtesy, to one half of all his deceased wife's lands during his life, dependent, however, upon the common law prerequisites. Missouri. A married woman may hold real or personal property to her separate use, through a trustee. A note or endorsement made by her will bind her separate estate; it will not, however, bind her general estate, and will be a nullity unless she has a separate ' estate to be bound by the paper. If, however, the note is for pur- chase money of property, then it will bind even her general estate. Her separate property, whether acquired before or subsequent to marriage, is not liable for her husband's debts. She is entitled to dower of one third ot all the lands of which her husband, or any one to his use, was seized of an estate of inheritance, at any time during tlie marriage; also, of leasehold estate for the term of twenty years or more. Nebraska. A married woman may hold real and personal property for her separate use, whether acquired before or during marriage, except through her husband, and is not subject to the disi>()sal or her husband or liable for his debts. She may control, dispose of and encumber, and enter into any contract in reference thereto, in the same manner, same extent, and with like effect as a married man; she may sue and be sued, and carry on trade or business on her separate account. Her personal earnings are her sole property. If marriage was contracted out of tlie State, she may here enjoy all rights to property there acquired. She must join with her husband in the conveyance or encumbrance of the homestead. Nevada. A married woman may hold real and personal property for her sole and separate use, whether acquired before or during marriage; MARKLED WOMEN. 559 and she may sell and convey without the consent of her husband. Such property must be inventoried and recorded. All property acquired by husband and wife during the coverture belongs to them in common, and, upon the death of the husband, one half goes to the wife, but, during coverture, is under the absolute con- trol of the husband. He may convey the same without his wife joining in the execution of the deed. Dower and courtesy are abolished. Ne-w Hampshire. A married woman may hold property, whether acquired before or after marriage, except through property of the husband, to her sole and separate use as if unmarried, and she may sell, convey, or encumber her separate estate. All such acts are valid and binding upon her and her property independent /)f her husband. She may sue and be sued as if unmarried. She is entitled to homestead and dower in all the propei'ty of her husband, unless she release the same by joining her husband in its conveyance. In most respects the wife is equal to the husband before the law. The husband cannot convey real estate to the wife. New Jersey. A married woman may hold to her sole and separate use real and personal property which she owned or acquired during mar- riage by gift, grant, descent, devise or bequest, and revenues thereof, not subject to the disposal of her husband, nor liable for his debts. She can be sued with her husband for debts contracted for her own benelit, and which cannot be enforced against her in equity. She is entitled to dower in one third of all the real estate of which the husband died seized, and to the homestead until dower is assigned her. Ne-w York. A married woman may hold real and personal property to her sole and separate use, whether acquired before or after marriage. Such property is in no case liable for her husband's debts. Obli- gations incurred by her may be recovered out of her separate prop- erty when given with intent to charge it. A wife may insure her husband's life for her benefit, provided the premium does not ex- ceed five hundred dollars. She may hold patents invented by her, may vote on stock held by her, may be a guardian, executrix, or administratrix, and may give necessary bonds, may make a will, may execute a power of attorney, as if unmarried. She is entitled to dower to one third of the land owned by her husband during lifetime unless she has relinquished same. 660 RIGHTS OF North Carolina. All property acquired bj a married woman, either before or after marriage, except through her husband, is, and will remain, her sole and separate property, free from the control of her hus- band, and not liable for his debts, and she can convey the same with the written consent of her husband. She has dower in all the real estate of her husband, owned or acquired during the coverture, and must join in conveyances made by him to release the same. Ohio. A married woman may own real or personal property in her own right and use, and may manage it herself, but cannot dispose of it for any term longer than three years without her husband joining her. She may be sued or sue alone, in actions concerning her separate property, or upon a written obligation, contract, or agreement signed by her, or if she be engaged in an^- business and the cause of action grows out of such business, and in all such cases a personal judgment can be had against her, and her separate property will be liable. She is entitled to dower of one-third part of all the realty owned by her husband during coverture, unless she join in conveyances made by him to release same. If her husoand has abandoned her, she will be considered as unmarried in all her acts. Oregon. A married woman may hold real or personal property in her own name and free from control of, or liability for, the debts of her husband, but a schedule of personal property must be filed with the county clerk. Her husband must join in all conveyances of her separate estate. She may sue and be sued in regard to her separate property. She may make a will uninfluenced by her husband. Pennsylvania. All the personal or real property belonging to a married woman before, or vested in her during marriage, is not liable for debts or engagements of her husband. She may hold and enjoy as her sole and separate property. Her separate estate is liable for necessaries purchased by herself for the use of her family, provided her husband's property does not satisfy. She may petition to the court for leave to have the benefit of her own earnings, which will be allowed. She cannot make a valid contract, except for the im- provement of her separate estate and for necessaries. She may loan money to her husband and take security for the same. She may make a will of her separate estate, subject to her husband's rights as tenant by courtesy. MARRIED WOMEN. 5G1 Rhode Island. A married woman maj hold real and personal estate not coming from the husband, free from all interference of the husband's creditors, and free from the husband's interference, by means of trustees appointed in the ordinary manner, or by the supreme court on petition. She is nut authorized to do business as a trader. Slie may sell her personal estate in the same manner as her real estate, and certain unimportant kinds, such as clotliing, books, and similar personal articles, except jewels, she may sell as if sin- gle. Her other contracts, except her warranties in conveyances of real estate, are utterly void and do not bind her separate estate. She may dispose of her separate estate by will, but cannot deprive her husband of his rights as tenant by courtesy. Any policy of insurance for her benefit, not exceeding ten thousand dollars, is hers independently of her husband, or "any other party or parties. South Carolina. A married woman may own real and personal property in her own name and separate use, whether acquired before or during marriage, and such property is in no case liable for the debts of the husband. She may control, sell, encumber, or bequeath her separate estate in the same manner as if unmarried. When an action concerns her separate estate she may sue and be sued alone. Judgment may be entered against her separately, and execution be levied upon her separate property. If she die intestate it will descend in the same manner as is provided for the property of the husband. Tennessee. A married woman may hold real and personal property to her sole and separate use. She can manage and convey the same without her husband joining with her by deed or will. Her sepa- rate estate is not-liable for tlie debts of her husband. A note or any other obligation made by a married woman will not bind her separate estate, unless it was executed with the express intention to bind the same, or unless it was given for necessaries for herself or her minor children. She may dispose of her separate estate by will. Texas. A married woman can Iiold real and personal property to her separate use, whether acquired before or after marriage. The marriage of a female minor gives her all the rights she would have if of age. She may bind herself by note, draft, or endorsement, when for necessaries for herself or family, or for her separate estate. All property acquired during marriage is common property and the husband may, dispose of it during coverture. If there are 36 562 RIGHTS OF no children the whole goes to the survivor, otherwise one half. The husband must join the wife in any conveyance of her separate estate. The wife must join in a conveyance of homestead. Com- mon property is liable for all the debts contracted during covert- ure. She may make a will. A widow is entitled to the use of one third of the realty during her life. Vermont. A married woman may hold personal property, whether ac- quired before or after marriage, for her sole and separate use. Her real estate and its revenues are exempt from attachment for her husband's debts and the husband's interests in same during covert- ure — except for debts for necessaries for herself and family, or for work and materials for their benefit. The earnings of a married woman and savings in bank are not subject to trustee process by her husband. She may insure her husband's life for her own use, if the premium does not exceed three hundred dollars. When abandoned by her husband she may maintain action in her own name. A married woman may dispose of her property by will. The widow is entitled to dower during her natural life, of one third of the real estate of which her husband died seized, unless she has relinquished or barred the same. ' Virginia. A married woman may hold real or personal property to her separate use, and is not liable for the debts of the husband. She may make contracts in relation thereto. She may sue and be sued, but her husband must join in all contracts in relation thereto ex- cept where she is a sole trader, and shall be joined in any suit. The widow is entitled to one-third part of all the real estate owned by her husband during coverture, unless she has relinquished or barred the same. She may devise and bequeath her separate property subject to her husband's right of courtesy. West Virginia. The real and personal property of a married woman is se- cured to her separate use, and is not liable for the debts of her husband. She may devise and convey her property the same as if unman ied, provided her husband joins in the deed with her. If living separate from her husband, she may convey without her husband joining. Her property is bound for her debts contracted before marriage, but her husband is not liable for her ante nuptial debts. She may hold and enjoy patents for her inventions; may deposit her separate funds in bank and withdraw the same on her own check, may hold stock in corporations and vote on same. She may make a will. She has dower in all the real estate her husband is seized of during coverture, and she must join her husband in the execution of all deeds to the same. MORTGAGES. 563 Wisconsin. A married woman may hold real and personal property for her sole and separate use, whether owned by her before, or acquired in any way during marriage, and is not; liable for the debts of the husband. She has free and full control of the same, and may convey, devise, or encumber without the consent of her •husband, but is liable for all debts contracted by her before mar- riage and after on account of her separate estate, and can be sued for the same. The husband must be sued also, though she may sue as if unmarried. She may insure the life of her husband, >on, or any other person, for her own exclusive benefit, and may make and hold deposits in savings banks. She is entitled to dower in all the real estate owned by the husband during cov^erture, unless she has barred or relinquished the same. The husband holds the wife's realty for life unless she left, by a former husband, issue to whom the estate might descend. Canada. In the several provinces of Canada, generally, a married woman may hold all her real and personal property and earnings free from the control of her husband. Such property is liable for her ante- nuptial debts, and his is not. She may manage, convey, or be- queath it. She is entitled to dower. There is no tenancy by courtesy. In the province of Ontario this is the law. In New Brunswick a wife's property acquired before marriage is in no case liable for her husband's debts. The husband's property is liable for the wife's ante-nuptial debts on judgment being obtained against him. In Nova Scotia the husband's property is liable for debts contracted by his wife previous to marriage; and as to his wife's estate acquired previous to marriage, the husband has full control except over entailed property. In Quebec the law is founded on the French common and statute law. All the prop- erty of either party becomes common property, which the husband administers. I^ch can bequeath only his or her interest, and the heirs of each inherit the interest of each. Mortgages A mortgage is an instrument in writing, and is the conveyance of real property, subject to the right of redemption. It is gener- ally given by a debtor to a creditor as security for his debt. The person giving a mortgage is called the mortgagor. The person receiving it, the mortgagee. A mortgage does not differ materially from a deed in fee-simple, except in' the condition attached, which consists of a clause in- 564 KELATING TO- serted before the clause of execution to the effect that if the mort- gagor shall pay to the mortgagee a certain amount of money at a certain time , then the deed shall be void. A note or bond may be given to be secured by the mortgage— the instrument should distinctly state which is given; also should clearly state any special terms agreed upon. A mortgage given to secure the purchase money will take precedence before any other mortgage. The mortgagee has a valid right and title to the land, immedi- ately upon the delivery of the mortgage, and has a legal right to take possession of the land, unless, as is now common, the deed provides that the mortgagor may retain possession, the mortgagor having surrendered all his rights, except the right of redemption, at the time of executing the deed. In former years the mortgagor could not redeem his land unless the debt was paid before or when it became due, and he had no further right. Now, however, the statutes of the various States have adopted a rule, giving the mortgagor a certain time after the expiration of the mortgage, in which he may redeem the prop- erty by paying the debt, with interests and costs. This is called his ef[iiity of redemption. A mortgagor may sell this right of redemption, or he may give a second mortgage, or it may be attached by creditors, or in case of insolvency it would form part of his assets. Mortgage deeds are now commonly drawn with a clause contain- ing an agreement of the parties, that if the money is not paid when it is due, the mortgagee may, in a certain number of days there- after, sell the land (providing also such precautions to secure a certain price that may be agreed upon) and, reserving enough to pay his debts and charges, pay over to the mortgagor his balance; such action removes all claim of the mortgagor in a court of equity. This is called a sale mortgage and is sanctioned by law; all mortgages that do not contain the above stinulation possess an equity of redemption. The right of redemption, or equity of redemption, does not begin until the mortgagee has entered to foreclose, even though the debt has been due for a number of years. In foreclosing, the mortgagee must enter upon the property, in a peaceful manner, in the presence of witnesses, or by action at law. A mortgagor who intends to redeem must tender the debt with interests, lawful costs, and the charges of mortgagee. He will MORTGAGES. 565 be allowed all rents and profits that the mortgagee may have re- ceived, or would have received but for his own negligence. Another stipulation now commonly used is, that the mortgagor shall keep the premises insured in a certain sum for the benefit of the mortgagee. If this agreement is not expressed in the deed, and the mortgagee insures the buildings, he cannot recover the premium from the mortgagor. If buildings are erected on the property during continuance of mortgage, or after foreclosure, whether by the mortgagor or mortgagee, the party securing final possession gets the benefit of them all, without paying the other for them. This is the law, provided no stipulation is made in the deed, although any agree- ment maybe made between them, but must be incorporated in the deed. To release and discharge a mortgage it is necessary to follow the statute law governing such releases. They differ in many States. It is common in some States for the recorder or register of deeds to write on the margin of the record of the mortgage an acknowledgment of satisfaction, release or discharge. This must be signed by the mortgagee. Another practice is to release a mortgage by a quit-claim deed from the mortgagee or holder of the land, to mortgagor or holder of equity or right of redemption. Any writing which clearly declares that the debt, obligation or covenant which the mortgage was intended to secure has been fully paid, satisfied or performed, will have the eff'ect of discharg- ing and annulling a mortgage. Such instrument must be duly signed, sealed, acknowledged and recorded. Like other deeds, it takes effect from the time it is placed in the hands of the recorder. CHAPTER XXI. ABSTEACTS OF STATE LAWS RELATING TO WILL.S, EsrsoLVBisrcY, assignments and exemptions. Also a valuable circular on Homesteads, etc., for tlie collection and arrangement of most of which the author and compiler of this work acknowledges his indebtedness greatly to that excellent book entitled *' Gaskell'o Compendium" through the courtesy of Messrs. Fairbanks, Palmer & Co., of Chicago and Kew York City, its enter- prising publishers. Abstract of the Laws of all the States concerning Wills. Alabama. All persons of full age and sound mind may make a will. It must be in writing, signed by the testator, attested by at least two witnesses in the presence of the testator. Arkansas. The testator must be twenty-one years or more of age, of sound mind; he must subscribe his name at the end of thewill, in the presence of two witnesses, and acknowledge it to be his will, and the witnesses must sign at the request of the testator. California. Any married woman may dispose of all her estate by will, and may alter and revoke such will, but the consent of the husband, in writing, must be atmexed to every such instrument, and it must be subscribed, attested, proven, and recorded in like manner as a will isrequireuisory ]iroceedings, which may be taken by creditor to amount of $100. Property put into hands of trustee. ASSIGNMENT LAWS. 575 Discharge from debts proved, upon payment of seventy per cent. Debtors property exempt for two years from legal process upon debts which might have been proved. Assignments must be ad- ministered under this law. Attachments on mesne process, in all cases. Limit of jurisdiction justice of the peace $100. Dakota. No insolvent law. Assignments, without preferences, allowed, but are void against any creditor not assenting thereto, if they tend to coerce the creditor to release his claim, or provide for payment of fraudulent claim, or reserve any benefit to assignor, or confer any power upon assignee, which may delay the conversion of the assigned property, or exempt the assignee from liability from neglect of duty, etc. Attachments (plaintiff giving bond) when defendant is non-resident, absconds, conceals or conveys property in fraud of creditors, etc. Limit of jurisdiction justice of the peace $100. Delaware. Ko insolvent law. An imprisoned debtor may be released upon making an assignment, except in cases of fraud. Yoluutary as- signments governed by the common law, except that a special partnership may not give preferences. Attacliments (plaintiff giv- ing bond) when defendant has fraudulently left the State, etc. Limit of jurisdiction justice of the peace $100. District of Columbia. No insolvent or assignment laws, except that assignments of the property of a special purtnersliip with preferences are void. At- tachment (plaintiff giving bond) when the defendant is non-resi- dent, or removes, or is about to remove his property, etc. Florida. No insolvent or assignment law. Attachments (the plaintiff giving bond) when the defendant is non resident, or about to part with his property fraudulently, or remove from the State, or fraudulently secrete property, etc. Limit of jurisdiction justice of the peace $100. Georgia. No insolvent law. Assignments regulated by a statute, which permits preferences, except by special partnership, but forbids the reservation of any benefit to the assignor. Attachments (the plaintiff giving bond) when defendant is non-resident, absconds, conceals himself, resists a legal arrest, removes, or is about to re- 576 INSOLVENT AND move his property, or fraudulently dispose of the same. Limit of jurisdiction justice of the peace $100. Idaho. Insolvent law, under which the debtor is discharged upon making an assignment, as therein provided, except in cases of fraud. Attachments (plaintiff giving bond) in actions upon con- tract for the direct payment of money, when the plaintiff has no lien or security, or when the defendant is a non-resiJent, etc. Limit of jurisdiction justice of the Deace $100. Illinois. No insolvent law. Assignments without preference, upon making which an imprisoned debtor may be released, allowed and regulated by statute. Attachments (plaintiff giving bond) when defendant is non resident, absconds, conceals himself or his prop- erty, is guilty of fraud, etc. Limit of jurisdiction justice of the peace $200. Indiana. No insoh^ent law. Assignments, without preferences or pro- vision for release of debtor, allowed and regulated by statute. Attachments substantially same as Illinois. Limit of jurisdiction justice of the peace $200. Iowa. No insolvent law. Assignments, without preferences, allowed and regulated by statute. Attachments substantially same as in Illinois. Limitof jurisdiction justice of the peace $100. By con- sent of parties $300. Kansas. No insolvent law. Assignments, without preference, allowed and regulated by statute. Attachments substantially as in Illinois. Limit of jurisdiction justice of the peace $300. Kentucky. No insolvent law. Assignments regulated by statute. Any preference may be set aside in six months. Attachment substan- tially as in Illinois. Limit of jurisdiction justice of the peace $100. Louisiana. Insolvent* law, with compulsory proceedings by a judgment creditor, upon the return of the execution "no property found." The debtor makes a surrender to the creditors, and may be dis- ASSIGNMENT LAWS. 577 charged by consent of a majority ot creditors in number and amount, except in case fraud or preference is proved. Assign- ments, without preference, may be made without regard to the insolvent hiw. Attachment substantially as in Illinois. Limit of jurisdiction justice of the peace $100. Maine. Insolvent law, passed in 1878 and extensively amended 1879, modeled on the U. S. Bankrupt Law. Voluntary petition may be filed by debtor (jwing $300. Involuntary proceedings by at least two creditors, having one fourth in amount of the provable debts. Debtors owing less than $300 may make an assignment in a sum- mary manner. JSTo percentage is required to be paid to entitle a debtor, for the first time insolvent, to discharge. Attachments within four months from date of filing petition dissolved. Prefer- ences given within two months void, and may be recovered by assignee. Assignments are probably acts of insolvency and may be set aside by the assignee in insolvency, if made within four moiithsof the filing of the petition. Otherwise probably good, if without preferences. Attachments on mesne process in "all cases . Limit of jurisdiction justice of the peace $100. Maryland. Insolvent law, under which the debtor is discharged upon sur- render of his property, except where fraud or preference is proved. Assignments subject to rules of common law. Attachment (plain- tiff giving bond) when defendant is non-resident, and in cases of fraud, etc. Limit of jurisdiction justice of the peace $100. Massachusetts. Insolvent law, similar to the U. S. Bankrupt Law. Proceedings generally the same except that involuntary petition may be filed by one creditor, and the acts of insolvency are not so numerous. Discharge upon payment of fifty per cent. , or by consent of ma- jority of number and value of creditors. JSTone in case of fraud or preference. Assignments are acts of insolvency, but good if not avoided by assignee in insolvency. Attachments on mesne pro- cess, in all cases. Limit of jurisdiction justice of the peace $300. Michigan. Insolvent law, by which a debtor, with the consent of two thirds of his creditors, and upon surrendering his property, may be discharged. Assignments allowed and regulated by act of IS 79. Attachments (^plaintiff giving bond) issue when defendant is a non-resident, or is guilty of fraud, etc. Limit of jurisdiction iustice of the peace $300. 37 578 INSOLVENT AND Minnesota. No insolvent law. Assignments, without preference, allowed and regulated by statute. Attachment (plaintiff giving bond) when defendant is non-resident, conceals his property, is guilty of fraud, etc. Limit of jurisdiction justice of the peace $100. Mississippi. No insolvent law. Assignments not requiring a release of the debtor allowed. Attachments (plaintiff giving bond) when defend- ant is non-resident, conceals property, or is guilty of fraud, etc. Limit of jurisdiction justice of the peace $150. Missouri. No insolvent law. Assignments, without preference, allowed and regulated by statutes amended in 1879. Attachments (plaintiff giving bond) when defendant is a non-resident, conceals himself or property, or is guilty of fraud. Limit of jurisdiction justice of the peace $300. Montana. No insolvent or assignment laws. Attachments in actions upon contracts to pay money, the plaintiff giving bond in double the value of property attached ; also before debt due, if debtor fraud- ulently disposes of his property to defraud his creditors. Limit of jurisdiction justice of the peace $100. Nebraska. No insolvent law. Assignments, without preference, allowed and regulated by a recent statute, 1877. Attachments (the plaintiff giving bond) when defendant is non resident, or conceals property, or is guilty of fraud, etc. Limit of jurisdiction justice of the peace $100. Nevada. Insolvent law. No percentage or consent required for dis- charge, which is only from debts mentioned in debtor's schedules. None, if fraud or preference, etc. Assignments forbidden. At- tachment (the plaintiff" giving bond) in jictions upon contract for d irect payment of money where pi aintiff" has no security. Limit of jurisdiction justice of the peace $300. New Hampshire. No insolvent law. Assignments, without preference, or pro- vision for release of debtor allowed and regulated by statute. At- ASSIGNMENT LAWS. 579 tachment on mesne process in all cases. Limit of jurisdiction justice of the peace $100. !N"e"w Jersey. No proper insolvent law. Assignment law by which the debtor is discharged from the debt proved under assignment, except where the debtor is guilty of fraud or concealment, etc. Attach- ment when defendant is non-resident or absconds from his cred- itors. Limit of jurisdiction justice of the peace $100. Ne-w Mexico. No insolvency or assignment laws. Attachments substantially as in Illinois. Limit of jurisdiction justice of the peace $100. Nevr York. Insolvent law, under which the debtor surrendering his property is discliarged by consent of the persons representing two thirds of the debts. No discharge if fraud or preference is proved. No in- voluntary proceedings unless the debtor is imprisoned. Assign- ments and the duties of assignees have been regulated by recent acts, 1877 and 1878. Attachments substantially as in Illinois. Limit ofjurisdiction justice of the peace $200. North Carolina. A law by which, upon surrendering his property, the person of the debtor is free from liability to anest or imprisonment except when fraud is proved; but the debt is not discharged. Assign- ments allowed. Attachments substantially as in Illinois. Limit of jurisdiction justice of the peace $200. OMo. A law similar to that of North Carolina. Assignments, without preference, allowed ;ind regulated by statute. Attachments sub- stantially as in Illinois. Limit of jurisdiction justice of the peace $3()0. Oregon. Attachments (the plaintiff giving bond) upon all contracts, pay- ment of which is unsecured. Yoluntary assignment law dissolves attachments, if made at any time before judgment, distributes assets j9ro rata among all creditors presenting claims within three months. Limit ofjurisdiction justice of the peace $250. Pennsylvania. Law similar to that of North Carolina. Assignments, without preference, allowed and regulated by statute. Attachments sub- 580 INSOLVENCY AND stantially as in Illinois, Limit of jurisdiction justice of the peace $300 Rhode Island. No insolvent law. Assignments allowed and regulated by a recent statute, which took effect September, 1878. Attachments or levies, within sixty days after the same are made or commenced, may be dissolved by an assignment, without preference, under the act. Upon the giving of a preference by the debtor, any three creditors holding not less than one third of the debts may petition the supreme court in equity for the appointment of a receiver of his estate, who is to take possession like an assignee in bank- ruptcy. Preferences given by the debtor within sixty days of the commencement of proceeding are void, as under U. S. bankrupt law. There is no provision for the discharge of the debtor. At- tachments, when defendant is non-resident, or has fraudulently contracted the debt, or conceals or disposes of his property, or has refused to apply his property to the payment thereof. Limit of jurisdiction justice of the peace $100. ^ South Carolina. No insolvent law. Assignments, without preference, allowed and regulated by statute. Attachments substantially as in Illinois. Limit of jurisdiction justice of the peace $100. Tennessee. No insolvent law. Assignments according to common law, ex- cept that limited partnerships may not make assignments. At- tachments substantially as in Illinois. Limit of jurisdiction jus- tice of the peace $500. Texas. By law of 1879, debtor may assign, without preference, for the benefit of such creditors only as will assent to the discharge. At- tachments substantially as in Illinois. Limit of jurisdiction justice of the peace $200. Utah. Law as to insolvency and assignments substantially same as in Tennessee. Attachments (when plaintiff has no security) sub- stantially as in Illinois. Limit of jurisdiction justice of the peace $300. Vermont. Insolvent law of 1876, modeled on the U. S. bankrupt law, with involuntary proceedings by one creditor to amount to $250. No ASSIGNMENT LAWS. 581 discharge, unless assets equal 30 per cent, debts, or by consent of majority in number and amount of debts proved. Ko discharge, also, in substantially same cases as in bankrupt law. Assignments ajjpear to be acts of insolvency, wliich may be set aside by an assignee in insolvency, if made within four months of filing his petition. Attachments on mesne process in all cases. Limit of jurisdiction justice of the peace $200. Virginia. _ No insolvent or assignment laws. Attachment substantially as m Illinois. Limit of jurisdiction justice of the peace $50. "Washing'ton Territory. Insolvent law, under which debtor may be discharged whose assets equal one third of debts, unless fraud or preference is shown. Attachments substantially as in Illinois. Limit of iurisdiction justice of the peace $100. "West Virginia. JSTo insolvect law. Assignments regulated by statute, preference bemg allowed. Attachments same as in Virginia. Limit of iuris- diction justice of the peace $100. Wisconsin. Insolvent law, by which debtor is discharged upon surrendering property and complying witli the law. Assignments, with prefer- ences,, unless by limited partnerships, allowed and regulated by statute. Attachments substantially as in Illinois. Limit of iuris- diction justice of the peace '^'"^'^ Wyoming. No insolvent law. Assignments regulated by statute, which iorbid preference, any provision tending to coerce creditor to com- promise or release his demand, or for paymentof fraudulent claim, or reserving any interest in property assigned to assignor, or exempts assignee from liability for misconduct. Attachments sub- stantially the same as in Illinois. Limit of iurisdiction iustice of the peace $100. Form of Petition in Insolvency by a Debtor. To the EonoraUe Court of the county {or oity and countiu of such) of , in and for the State of ' The petition of , ot the of , in the county of , and State of : -^ ' Eespectfully represents, that he has resided in said county (or 582 PETITIONS IN INSOLVENCY. city and county) for six months next preceding the filing of this petition; that he owes debts exceeding in amount the sum of three hundred dollars, and is unable to pay all of the same in full; that he is willing to surrender all his estate and effects for the benefit of his creditors, and that he desires to obtain a discharge from his debts and liabilities under and by vii-tae of, and in accordance with, the provisions of an act of the Legislature of the State of , known as the *' Insolvent act of eighteen hundred and ;" ap- proved . That the schednle hereunto annexed, marked "A," and verified by your petitioner's affidavit, contains a full and true statement of ail his debts, and (so far as it is possible to ascertain) the names and places of residence of his creditors, and such farther state- ments concerning said debts as are required by the provisions of said act. That the schedule hereto annexed, marked "B," and verified by the affidavit of your petitioner, contains an accurate description of all the estate, both real and personal, of your petitioner (including his liomestead, if any) and all propei'ty exempt by law from exe- cution, and where the same is situated, and all incumbrances thereon, as required by the provisions of said act. Wliercfore, your petitioner prays, that he may be adjudged by the court to be insolvent, within the purview of said act; that said homestead be set apart by the court for petitioner's uses; and that he may be decreed to have a certificate of discharge from all his debts provable under the same. Attm^ney. State of , ) County of Form of Petition in Insolvency by a Copartnership. To the Homyrahle Court of the County of , in and for the Slate of . The petition of and , of , in the county of , and State of , respectfully represents: That the said and are copartners, transacting business at , in the county of , State of , and have been residing in and transacting business as copartners at said for the six months last preceding the fil- ing of' this petition; that the members of said copartnership owe debts exceeding the amount of three hundred dollars, and are un- able to pay all their debts in full; that they are willing to surren- der all iheir estate and effects for the benefit of their creditors, and desire to obtain a discharge from their debts and liabilities under and by virtue of the provisions of the act of the Legislature of the State of , known as the "Insolvent act of eighteen hundred and ," approved , . PETITIONS EST INSOLVENCY. 583 That the schedule hereto annexed, marked "'A," and verified by their atfidavits, contains a full and true statement of all tliedtibtsof said copartnersliip, and, as far as they can be ascertained, the names and places of residence of their creditors, and the further state- ments concerning such debts as are required by the provisions of said act. That the schedule hereto annexea, marked "B," verified by their afiidavit, contains an accurate inventory of all the estate of said copartnership as required by the provisions of said act. And said further states, that the schedule hereto annexed, marked "C," verified by his affidavit, contains a full and true statement of all liis individual debts; and as far as he can ascer- tain, tlie names and places of residence of his creditors; and the further statements concerning such debts as are required by the provisions of said act; and that the schedule hereto annexed, marked "D," verified by his affidavit, contains an accurate inven- tor) of all his individual estate as required by the provisions of said act. And said further states, that the schedule hereto annexed, marked ''E," verified by his atfidavit, contains a full and true statement of all his individual debts, and, as far as possible, the names and places of residence of his creditors; and the further statements concerning such debts required by the provisions of said act; and that the schedule hereto annexed, marked "F," ver- ified by his affidavit, contains an accurate inventory of all his in- dividual estate as required by the provisions of said act. [A similar clause must be added for each membei- of the firm who joins in the petition.] Wherefore your petitioners pray, that after due proceedings had, they may be adjud:>ed by a decree of the court to be insolvents within the purview of said act; and upon their compliance with all the requirements of said act, and all the orders and directions of the court made in pursuance thereof, that they may be severally decreed to have a certificate of discharge from all their debts prov- able under said act, and as otherwise entitled to the benefits thereot. Attorney for Petitioners. [For the form of the affidavit see the form prescribed by the act. The affida vits for each individual should be drawn in the singular, for verifying his indi- vidual statement, and in the plural for verifying the joint statement.] When a corporation petitions in insolvency, the petition should be accompanied by an authenticated copy of the vote or other ac- tion of the stockholders, or other party or parties entitled to act 584 PETITIONS IN INSOLVENCY. on the part of the corporation, authorizing the proceeding by him, which statement should be, in substance, as follows: Statement to accompany a petition in insolvency: By a Corporation. At a meeting of the stockholders (or of the board oi directors, or trustees, as the case may be), of the company (or bank or association, or society), a corporation created and existing under the laws of the State of •, held at -, in the county of , in said State, on this day of , a. d. 18 — , the condition of the affairs of said corporation having been enquired into, and it being ascertained at said meeting that the said corporation is in- debted in an amount exceeding the sum of three hundred dollars, and is insolvent, and that its affairs ought to be wound up, it was voted (or resolved) by a majority of the corporators (or stockhold- ers, or directors, or trustees), both iu number and amount, of tlie stock of said company, present at said meeting — which meeting was duly called and notified for the purpose of taking action upon the subject aforesaid — that be, and he (or they) hereby is (or are) authorized, empowered, and required to file a pe- tition in the court of the State of in and for the county of , within which county said corporation has carried on its business, for the purpose of having the same adjudged insolvent; and that such proceedings be had thereon as are provided by the act of the Legislature of the State of , known as the "Insol- vent act of eighteen hundred and -," approved , 18 — . In witness whereof I have hereunto subscribed my name as pres- ident (or other ofiicer) of said corporation, and caused the seal thereof to be affixed. ■ , Secretary. President {or other o-fficer). In the petition for insolvency by a corporation, the following changes should appear: The name of the corporation should l)e substituted for that of an individual petitioner; and in place of the prayer for a discharge, words like the following should be substituted: " And that like pro- ceedings may be had in the premises as in said act are provided in respect to natural ])ersons." Petition by Creditors. To the Honorable Court of the State of , in and for the County of . The petition of A B ,C D ,E F , G PETITIONS IN INSOLVENCY. 585 H , I J , K L , etc. (at least five creditors must join in the petition), respectfully i-epresent, tliat jour petitioners are residents of the State of , and are creditors of (the insolvent), in an amount exceeding the sum of five hundred dol- lars, in the aggregate, and that the several sums constituting the aggregate of indebtedness of said , to your several petition- ers, accrued in this State; that said creditors have not, nor has either of them become a creditor of said within thirty days prior to the filing of this petition; that for a period of six months next preceding tlie date of tiling this petition, the said has re- sided and had his place of business, and now does (reside and) have liis place of business at in said county of and State of ; that your petitioners' demands above named are provable against the said , in accordance with the provisions of an act of the Legislature of the State of known as the " Insolvent act of eighteen hundred and eighty," approved — ; — , 18 — ; that your petitioners believe that said owes debts to an amount exceeding five hundred dollars, and is unable to pay his debts in full; that the nature of your petitioners' demands against the said are as follows, to wit: (A certain promissory note signed by said , payable to the order of your above-named petitioner A B , etc. A certain account for goods, wares, and mer- chandise sold and delivered by your above named petitioner, C D , between the day of , a. d. 18 — , and the filing of this petition to said , and so on, setting out generally the demand of each of the five or more creditors who join in the petition against the insolvent;) And your petitioners further represent, that said (is about to depart from tliis State with intent to defraud his credit- ors), or (being absent from this State, which is his place of residence, as above stated, he remains absent therefrom with intent to defraud his creditors), or (conceals himself to avoid the service of legal process upon him), (or allege any one or more of the causes on which a petition of creditors against an insolvent may be based, given in the insolvent act; but par- ticularly the clause relied upon as an act of insolvency, and close the petition as follows:) Wherefore, your petitioners pray that he, the said , may be declared insolvent, and that an order may be issued by the court to take possession of his estate; that the same may be distributed according to law, and that such further proceedings may be had thereon as the law in such case prescribes. A B , C D , E F , G H , etc. Attorney. 586 BOND IN INSOLVENCY. VERIFICATION OF PETITION. State of , ) County of . ) A B , C D , and E F , of the foregoing petitioners, being first duly sworn, say, each for himself and not one for the other, that they have read (or have heard read) the forego- ing petition, and understand the contents thereof, and that the same is true of their own knowledge, except as to those matters which are therein stated upon information and belief, and as to those matters that they severally believe it to be true. A B , C D , E F . Subscribed and sworn to before me this day of , 18—. Three of the petitioners, at least, must verify the petition. The petition must also be accompanied, on filing, with a bond which may be in form substantially as follows: Form of Bond. [To accompany creditor's petition in insolvency.] State of , ) gg County of . f Know all men by these presents, that we, A B , C D , E F-^ — , G H , and I J , as princi- pals, and L M and N O , as sureties, are jointly and severally held and firmly bound unto (the insolvent) of and his (or their) assigns or legal representatives, in the sum of Jive hundred dollars (in gold coin of the United States), which pay- ment well and truly to make, we jointly and severally bind our- selves, our heirs, executors, and administrators firmly by these presents. Witness our hands, hereto affixed, this day of , a. d. 18—. The condition of the above obligation is this, that whereas, the above-bounden principals, A B , C D (etc.), are about to file (or have filed, if the court requires an increase of bond), a petition in the superior court of the State of , in and for the county of , against the said (name of in- solvent), for the purpose of having him declared insolvent by the court, and for the distribution of his estate, according to the pro- visions of the " Insolvent act of eighteen hundred and eighty," now therefore, if the said (the insolvent), shall not be PETITIONS IN INSOLVENCY. 587 declared by the court to be insolvent within the meaning and pro- visions of said act, upon the said petition, then the above-named principals, to wit, the petitioners in said petition, will pay to the said (the insolvent), all costs and damages, including a reasonable attorney's fee, that the said (the insolvent), may sustain by reason of the tiling of said petition, in any sum not exceeding said sum o^ five hundred dollars, named as the pen- alty in the above bond, or that we, as sureties therefor, will pay the same. Witness our hands as above stated. For justification of the sureties, see torms for the same [Were a bankrupt law in force, the foregoing petitions would be valid for Forms, with slight alterations.] CHAPTER XXII. ATTACHMENT AISTD EXECUTION. Attachment is the taking possession of personal or real property, or both, by virtue of a writ, commanding such attachment, issued from a court of competent jurisdiction, for the purpose of holding the property seized, to satisfy any judgment which the plaintiff may obtain in the action against the defendant. '^ Personal property capable of manual delivery should be taken into actual possession by the officer serving the writ; while real property should be attached by posting a copy of the writ of attach- ment, with a certificate of the service, or levy of the same, on the premises attached, and filing a copy of the same, including such certificate of service and a correct description of the realty attached, with the recorder of the county in which the realty is situated. Execution, in law, is a writ issued to carry into effect the final judghient of a court; and, in civil cases, may be levied on any propertv of the defendant in the action which is not exempted from execution by the statute of the State. All property which is exempt from execution is also exempt from attachment. An attachment will not be valid in any State unless the contract for the payment of the money, to secure the payment of which the attachment is issued, was made or is payable in the State (or Territory) where the writ is sought to be obtained. For instance: A plaintiff can not hold property by attachment, in Nevada, upon a contract made and made payable in California, and vice versa. The following abstracts show what property is exempt from execution and attachment in the States and Territories hereafter named, respectively: Alabama. Homestead worth $2,000 and personal 'property worth $1,000. Personal property, to be selected by the debtor, to the value of one thousand dollars, is exempt from sale on execution, or other process of court; also the homestead of the debtor not exceeding * Note. — A.q attachment will not be valid where the debt for which it Issued h'as been secured by mortgage or lien on real or personal property. (588) PROPERTY. 589^ one hundred and sixty acres, not in any city, town, or village, or, in lieu thereof; any lot in any city, town, or village, not exceeding two thousand dollars in value. Also are exempt, lots in ceme- teries, pew or seat in church, proper wearing apparel, family por- traits, books used in the family, and the wages or salaries of laborers or employes, for personal service, not exceeding twenty- five dollars per month. Arkansas. Homestead worth $2,500 and personal jproperty worth $500. Personal property to the value of two thousand dollars to be selected by the debtor. The homestead of a married man, or one who is the head of a family, not exceeding one hundred and sixty acres, and not in any town, city, or village, or, in lieu thereof, any lot in a town, city, or village, owned and occupied by the defendant, not exceeding live thousand dollars in value. Arizona. 1. All spinning wheels, weaving looms, with the apparatus, and stoves put up and kept for use in any dwelling house; 2. A seat, pew, or slip occupied by each person or family in any house or place of public worship; 3. All cemeteries, tombs, and rights of burial, while in use as repositories of the dead; 4. All arms and accouterments kept for use; all wearing apparel of every person or family; 5. The library and school books of every individual and family, not exceeding (in value) one hundred and fifty doHars, and all family pictures; 6. To each householder, ten goats or sheep, with their fleeces, and the yarn or cloth manufactm-ed from the same; two cows, five swine, and provisions and fuel for the comfortable subsistence of such householder and family for six months; 7. To each householder, all household goods, furniture, and utensils, not exceeding in value six hundred dollars; 8. The tools, implements, materials, stock, apparatus, team, vehicle, horses, harness, or other things to enable any person to carry on the profession, trade, occupation, or business in which he is wholly or principally engaged, not exceeding in value six hundred dollars; 9. One sewing-machine and one musical instrument; 10. A sufiicient quantity of hay, grain, feed, and roots for properly keeping for three months the animals in the several subdivisions of this section, exempted from execution; and any chattel mort- gage, bill of sale, or other Hen created on any part of the property above described, except such as is mentioned in the eighth sub- division of this section, shall be void, unless such mortgage, bill of sale, or lien be signed by the wife of the party making such mortgage or lien (if he have one); 11. The homestead, consisting of a quantity of land, together with the dwelling-house thereon, and its appurtenances, and the water rights and privileges per- taining thereto, sufiicient to irrigate the land, not exceeding in value the sum of five thousand dollars. The homestead must be selected by the owner thereof. 590 EXEMPT California. Homestead worth $5,000 and personal property, to wit: Chairs, tables, desks, and books to the value of two hundred dollars; necessary household furniture, including one sewing-machine and one piano in actual use, or belonging to a woman; stoves, stove- pipe, and utensils, wearing apparel, beds, bedding and bedsteads; provisions actually provided for one month; farm utensils, two oxen or two horses or two mules and harness, one cart or wagon, and food for said animals for one month; seed, grain, or vegeta- bles for sowing not exceeding in value two hundred dollars; tools of mechanics or artisans; the records and seal of a notary public; the instruments; of sugeons, dentists, and other professional men; the law libraries and office furniture of lawyers, and the libraries of ministers. The cabin of a miner, not exceeding five hun- dred dollars in value, with all the implements and gear necessary for his business, with two horses, mules, or oxen, and harness, and food for the same for one month. Two oxen, mules, or horses and harness, with food for the same for one month, and the cart or other vehicle by which carters, hackmen, peddlers, etc., habitually earn their living; one horse, vehicle and harness used by physi- cians or ministers in making professional visits ; the earnings of the judgment debtor for personal services rendered within thirty daya next preceding the levy, when it appears by affidavit that such earnings are necessary for family support; also a homestead, con- sisting of land on which the debtor resides, to be selected by him, to the value of five thousand dollars, if the head of a family, or one thousand dollars of any other person. Colorado. Homestead worth $2,000 and personal property $1,000. Every person being a householder and head of a family is entitled to a homestead not exceeding in value two thousand dollars. To en- title such person to this exemption, he must enter the word " Homestead " on the margin of his recorded title. The following property when owned by any person being head of a family, shall be exempt: Family pictures, school-books and library, pew in church, burial sites, air wearing apparel of family, all beds, bedsteads, stoves, and cooking utensils kept for use of debtor and family, and other household furniture, not exceeding one hundred dollars in value; provit^inns and fuel necessary to the family for six months; tools, etc., of any mechanic not exceeding two hundred dollars in value; library and implements of any proifessional man, not exceeding three hundred dollars; draft animals to the value of two hundred dollars; one cow and calf, ten sheep, and the necessary food for them for six months; one farm wagon, cart, etc.; one plow, one harrow, and other fanning implements, not exceeding tilty dollars in value. Persons not at the liead ol a family only entitled to PKOPEKTY. 591 wearing apparel and property to tlie value of three hundred dol- lars. Connecticut. No homestead exempted. The necessary apparel and bedding, household furniture necessary for supporting life (which clause is construed liberally); the arms, military equipments, unilbrras or musical instruments owned by members of the miiitia; pension money received from the United States, implements of the debt- or's trade, library not exceeding in value live hundred dollars, one cow not exceeding one hundred and fifty dollars in value, sheep n( >t exceeding ten, or fifty dollars in value, two swine, and two hundred pounds of pork. Of the property of any one having a famil}', twenty-five bushels of charcoal and two tons of otlier coal; two hundred pounds of wheat flour, and two cords of wood; two tons of hay, two hundred pounds of beef and fish each, five bushe's each of potatoes and turn ps, ten bushels each of Indian coi-n and rye. or the meal and flour therefrom, twenty pounds each of wool and flax, or the yarn and cloth therefrom, one stove and p'pe; the horse of a practicing physician not exceeding two hun- dred dollars in value, and a sadle, bridle, harness and buggy; oyster-boat or shad-boat, and the rigging thereto not exceeding in value two hundred dollars; one sewing-machine, one pew, and lots in a burying-ground. Dakota. Homestead of 80 acres with huildings., and one-half acre in a village or city and personal property. The householder is entitled to a homestead consisting of not more than one hundred and sixty acres of land with buildings and appurtenances thereon and pei^ sonal property aggregating in value not to exceed $1,500, which personal property is defined by statute. Delaware. No home exempted\ personal property $275. Family library, school-books, family Bible, family pictures, seat or pew in church, lot in biirial bround, all wearing apparel of debtor and family; and in addition to above, tools, implements, ami fixtures nece-sary to carry on trade or busine.-s, not exceeding $75. Head of family, in addition to tlif>. above, or other personal property not exceeding $200 Audi, n Newcastle County, wages for labor and services are exempt from any execution attachment. District of Columbia No home exempted. The following property of a household is exempt, from distraint, attachment or sale on execution, except for servants, or laborers' wages due: Wearing apparel, household 592 EXEMPT furniture to the amount of $300, provisions and fuel for three months, mechanics' tools or implements of any trade to the value of $200 with stock to same amount, and library and implements of a professional man or artist to the value of $300; a farmer's team and other utensils to the value of $100; family pictures and library in value of $400. Florida. Home, farm, or hotise and lot, and personal property. A home- stead to the extent of 160 acres of land, or the half of one acre within the limits of any incorporated city or town, owned by the head of a family residing in this State, together with $1,000 worth of personal property, and the improvements on the real estate, shall be exempted from forced sale under any process of law, and the real estate shall not be alienable without the joint consent of husband and wife, when that relation exists. " But no prop- erty shall be exempt from sale for taxes, or for the payment of ob- ligations contracted for the purchase of said premises, or for the erection of improvements thereon, or for house, field or other labor performed on the same. The exemption herein provided for, in a city or town, shall not extend to more improvements or buildings than the residence or business house of the owner." Georgia. A home worth $2,000, and personal property worth $1,000. Each head of a family, or guardian or trustee of a family, of minor children, shall be entitled to a homestead or realty to the value of $2,000 in specie, and personal property to the value of $1,000 in specie, both to be valued at the time they are set apart. And no court or ministerial oificer in this State shall ever have jurisdic- tion or authority to enforce any judgment, decree or execution against said property so set apart — including such improvements as may be made thereon from time to time — except for taxes, money borrowed and expended in the improvement of the home- stead, or for the purchase money of the same, and for labor done thereon, or material furnished therefor, or removal of incum brances thereon. And it shall be the duty of the General Assembly as early as practicable, to provide, by law, for the setting apart and valuation of said property, and to enact laws for the full and complete protection and security of the same to the sole use and benefit of said families as aforesaid. Idaho. Home worth $2,000, and personal prope^-ty. The head of a family, being a householder, either husband or wife, may select a homestead not exceeding in value $2,000; while furniture, teams, tools, stock, and other personal property enumerated by statute, propp:rty. 593 to tlie value of $300 or more, according to valuation, shall be ex- empt from execution, except upon a judgment , recovered for its price, or upon a mortgage thereon. Illinois. Rome worth SI, 000, and personal property. Every house- holder having a family is entitled to an exemption of $1,000, in the farm or lot of land, and the buildings thereon, owned or pos- sessed, by lease or otherwise, and occupied as a residence. The exemption, unless released by deed, extends to the surviving wife or husband and to the children until the youngest is twenty-one years old, so long as they continue to occupy the homestead. Homesteads are not exempt for their purchase money or improve- ment. The proceeds of a sale of the homestead by the owner are exempt for one 3'ear. The following personal property of the debtor is exempt: Kecessary wearing apparel, Bibles, school-books and family pictures of every person, and one hundred dollars worth of other property to be selected by the debtor, which selection is not allowed from money, salary, or wages due the debtor. Should any exempt property be seized, double its value may be recovered. When exemptions are claimed the debtor is required to deliver to the officer having the writ a schedule under oath, embracing all his personal property, including money, and debts due him; and property not included in such schedule is not exempt. The prop- erty is then appraised by three householders, and the debtor se- lects such as he desires at the appraised value, and the excess over the legal exemptions the officer takes. When the head of the family dies, deserts, or does not reside with the family, then the family is entitled to the above exemp- tions. The waoes and services of a defendant who is the head of a family and residing with the same, are exempt from garnishment to an amount not exceeding $50. Indiana. Home and personal property with following vakoe. Any resident householder has an exemption from levy and sale under ex- ecution, of real and personal property, or both, as he may select, to the value of $300. The law further provides that no propertv shall be sold by virtue of an execution for less than tioo thirds of itS' appraised cash value. The provisions of this law can be waived in contracts. To do this, the note or contract should read: " Pay- able without any relief whatever from valuation or appraise- ment laws." Io"wa. Farm of 40 acres., or house and lot in city and personal prop- erty. The homestead must embrace the house used as a home by 38 594 EXEMPT the owner thereof, and if he has two or more houses thus used bj him, at different times and places, he may select which he will retain as a homestead. If within a town plat it mus not exceed one half acre in extent; if not in a town plat, it must not embrace in the aggre^rate more than 40 acres. But if, when thus limited, in either case its value is less than $500, it may be enlarged until its value reaches that amount. Wearing apparel kept for general use; trunks to contain same; one gun; private libraries and family portraits, musical instruments not kept for sale; two cows, one horse, fifty sheep, five hogs, six hives of bees; one bed and bedding for every two in the family; household and kitchen furniture not exceeding $200; spinning- wheel, loom and sewing-machine; provisions and fuel for six months; the tools, instruments or books of debtor, if a farmer, m'echanic, surveyor, lawyer, clergyman, physician, teacher or professor; if a printer, printing-press, and types, etc., for the use of such newspaper office, not exceeding §1,200. The personal earnings of the debtor of the family for the ninety days 'preceding the execution. To an unmarried jjerson, a person not the head of the family, ordinary wearing apparel and trunks to contain the SH,me are exempt. If a debtor absconds and leaves his family, such property allowed to the head of a family shall be exempt in hands of his wife and children, or either. A single man not the head of a family, non-residents, and those who have started to leave the State are excluded from the above exemptions; their property is liable to execution, with the exception of ordinary wearing apparel, and trunks to contain the same; value not to ex- ceed $75. No exemption shall protect property against execution for the purchase money thereof. Kansas. Home of IQO acres of farmland^ or house and one acre in a village or city^ and personal property. A homestead to the extent of 160 acres of farming land, or of one acre within the limits of an incorporated town or city, occupied as a residence by the family of the owner, together with all improvements on the same, of whatever value, is exempt. Exemptions of personal property allowed a resident, being the head of a family, are: The family library, Bible and school books; family pictures and musical in- str.uments in use; a pew in a church and lot in a burial ground; all the wearing apparel and all beds, bedsteads and bedding used by the family; cooking stove, appendages and cooking utensils, and other stoves and appendages necessary for the use of the family; a sewing-machine; all "^spinning-wheels and looms, and other implements of industry and household furniture not above enumerated, not to exceed $500 in value; two cows, ten hogs, one yoke of oxen, and one horse or mule, or in lieu of the oxen and horse or mule, a span of horses or mules; twenty sheep and wool of same, either raw or manufactured; the necessary food for the PKOPEETY. 595 stock raeiitioned abo^'-e for one year; one wac^o'n, cart or dray, two plows, one drag and other farming utensils not exceeding $300 in value; provisions and fuel on hand sufficient for a year; the neces- sary tools and implements of any mechanic, miner or other per- son, used and kept for the puipose of carrying on liis trade and business, together with stock in trade not exceeding $400 in value; the library, implements and office furniture of any professional man. Exemption of personal property allowed a resident of this State, not the head of a family, are: Wearing apparel, pew in a church and a lot in a burial ground; necessary tools and instru- ments of any mechanic, miner or other person, used and kept for tlie purpose of carrying on his trade or business, together with stock in trade as above; the earnings of a debtor also, for per- sonal services rendered within three months next preceding the issuing of an execution, are exempt, if it appear they are neces- sary, in whole or in part, for the support of his family. No per- sonal property is exempt from attachment or execution for the •wages of any clerk, mechanic, laborer or servant. Kentucky. Ro7ne worth $1,000, and personal property. To ho7ia fide housekeeper with a family, resident in the State: Two work beasts or one work beast and one yoke of oxen; two plows and o-ear; one wagon and a set of gear, or one cart or dray; two cows^and' calves; ten head of sheep; provisions sufficient to sustain the family one year, and provender sufficient to support the stock one year; one sewing-machine; the usual household and kitchen furniture, of limited value, etc.; the tools of a mechanic not exceeding $100 in value; the libraries of ministers of the gospel, physicians and attorneys at law not to exceed in value $500, but the last is not in addition to the two work beasts, wagon, cart or dray. In addition to the personal property exempt from execution on all debts or liabilities created after the 1st of June, 1866, so much land, in- cluding the dwelling-house and appurtenances owned by the debtor, as shall not exceed $1,000, shall also be exempt ioQ^-li bmia fide housekeeper with a family. liouisiana. Home of 160 acres of land, a^id personal property, in all worth $2,000. One hundred and sixty acres of land, with buildings and improvemeTits thereon, occupied as a residence, -dndhoiia fide owned by the debtor having a family, a person or persons dependent upon him for support, together with personal property, making in all a value not exceeding $2,000. Tools of trade, salaries, wages, and personal services; all wearing apparel; ail agricultural implements, working cattle, and provisions and supplies necessary for carrying on the plantation for the coming year. No home exempted in the 596 EXEMPT city or villages, and in any case only for benefit of persons having a family. Maine. Home worth $500, and personal property. Homestead to the value of $500, or lot purchased from the State for a homestead. After tlie death of the debtor, his widow and minor children are en- titled to the same exemption. A lot in a burying-ground; wearing apparel; necessary household furniture not exceeding $50; bed, one bedstead and bedding for every two in the family; all family portraits; Bibles and school-books in use; copy of the statutes, and a library not exceeding $150; one cooking-stove, twelve cords wood, five tons anthracite coal and fifty bushels bituminous coal; $10 worth of lumber, wood or bark; all produce until harvested; one barrel of flour; thirty bushels corn and grain; all potatoes; all flax raised on one acre of land and all articles manufactured therefrom for the family; tools in trade; one sewing-machine worth $100; one pair working cattle or mules; one or two horses, not exceeding in value $300, and hay to keep them through the winter; one cow and heifer; ten sheep, and the lambs and wool raised from them, and hay to keep them during the winter; one plow, a cart or truck wagon, harrow, yoke with bows, ring and staple; two chains; a mowing-machine, and one boat of two tons. Maryland. No homestead exemptioji^ hut personal property. The prop- erty exempted is the personal property actually necessary for the sustenance of the family and the implements or tools necessary to earn a livelihood, and wearing apparel. The Constitution of the State directs the Legislature to pass laws exempting from judicial sale property not exceeding £500. One hundred dollars is the amount fixed and exempted in pursuance of this constitutional re- quirement. The exact language of the law is, "All wearing ap- parel, books, and the tools of mechanics." Massachusetts. Home worth $800, ami personal property. Every householder having a family shall be entitled to an estate of homestead to the extent in value of $800, in the farm or lot of land and buildings thereon owned or rightly possessed by lease or otherwise, and oc- cupied by him as a resident, and such homestead and all right and title therein shall be exempt from attachment, levy or execution, sale for the payment of his debts, or other purposes. To consti- tute such estate of homestead and to entitle property to such ex- emption, it shall be set forth in the deed of conveyance by which the property is acquired that it is designed to be held as a home- stead, or after the title has been acquired such design shall be VKOPERTY. 697 declared bj a writing duly signed, sealed, acknowledged and re- corded on the registry of deeds for the county or district where the property is situated. Personal property is exempt as follows: The necessary wearing apparel of the debtor and his family; two bed- steads, bed, and the necessary bedding for every two persons of the family; stove and fuel not exceeding $50 in value; other nec- essary household furniture not exceeding in value $300; the fam- ily library not exceeding $50 in value; one cow, six sheep, one swine and two tons of hay; tools, implements, and fixtures for carry- ing on trade or business not exceeding $100 in value; materials and stock designed for his trade or business not exceeding $100 in value; necessary provisions not exceeding $50 in value; the boat, fishing tackle and nets of fishermen, actually in use in their busi- ness, not exceeding $100 in value; the uniform, arms, and accou- terments required by law to be kept by the citizens; one sewing macliine to the value of $100, and the wages for personal labor are exempt from attachment to the extent of $20 for a debt or de- mand other than for necessaries furnished to the debtor or his family. Michigan. Home worth $1,500, and personal property . A homestead con- sisting of any quantity of land, not exceeding forty acres, and dwelling-house thereon and its appurtenances, not included in any recorded town plat or city, or village; or instead thereof, at the op- tion of the owner, one lot in a recorded town plat or city, or vil- lage, and the dwelling-house thereon and its appurtenances. Said property, however, must notexceed $1,500 in value; if so, it may be sold and the excess applied in payment of the judgment. Per- sonal property is exempt as follows: All spinning wheels, weav- ing loom with the apparatus, and stoves put up and kept for use in any dwelling-house; a seat, pew or slip occupied by a person or family in any place of public worship; all cemeteries, tombs, and rights of burial; all arms and accouterments required to be kept by any person; all wearing apparel of ever}'^ person or family, li- brary and school-books of every individual and family not exceed- ing $150 in value, and ail family pictures. To each householder ten sheep with their fleeces, and the yarn or cloth manufactured from the same; two cows, live swine, and provision and fuel for six months' use; all household goods, furniture and utensils, not exceeding in value $250; tools, implements, material, stock, ap- paratus, team, vehicle, horses, harness or other things to enable any person to carry on the profession or trade, occupation or busi- ness in which he is wholly or principally engaged, not exceeding in value $250; and a sufhcient quantity of hay, grain, feed and roots for properly keeping for six months the animals herein be- fore specified. One sewing-machine for family use is also exempt. No portion of the property above specified, however, is exempt from execution upon a judgment for the purchase mone3\ 598 EXEMPT Minnesota. Home of eighty acres in farm lands, and lot in village or city^ with personal property . Eighty acres of land and dwelling-houses thereon, or instead thereof one town or city lot and the dwelling- house thereon, regardless of value; family Bible, books, pictures and musical instruments; church pew and cemetery lot; wearing ap- parel of debtor and family; also beds, bedsteads and bedding, stoves and appendages, cooking utensils and furniture not enumerated not exceeding $500 in value; three cows, ten swine, one yoke of oxen, and a horse (or span of horses or mules), twenty sheep; necessary food for stock for one year; one wagon, cart or dray, one sleigh, two plows, one drag, and other farming utensils not ex- ceeding $300 in value; one sewing-machine; seed grain for one. year; one year's provision for debtor and family; one year's fuel; tools or instruments used for carrying on trade, and stock in trade not exceeding $400 ; library and implements of any professional man; 80 acres of land and' dwelling-house thereon, or instead thereof, one town or city lot and the dwelling-houses thereon, re- gardless of value. Also the wages of any laboring man or woman or their minor children, not exceeding $20, due for services- rendered during the ninety days preceding the issue of th3 pro- cess. Mississippi. Home worth %'2, 000, and personal lyroperty. On debts contracted after September 1, 1870^ only 80 acres of land to the liead of each family, being a housekeeper, to a resident of any incorporated town, being the head of a family, and a housekeeper, $2,000 worth of real property, comprising the proper homestead. The exempt personalty is: 1. The tools of a mechanic necessary for carrying on his trade; 2. The agricultural implements of a farmer neces- sary for two male laborers; 3. The implements of a laborer; 4. The books of a student required for the completion of his edu- cation; 5. The wearing apparel of every person; 6. The libra- ries of licensed attorneys at law, practicing physicians, and ministers of the gospel, not exceeding in value $250; 7. The arms and accouterments of every person enrolled in the militia of the State; 8. All books, globe and maps used by teachers of schools, academies and colleges; also the following property of each head of a family or housekeeper; one work horse or mule, or one yoke of oxen, two cows and calves, five head of stock hogs and iive sheep, iifty bushels of corn, ton bushels of wheat or rice, iiOO pounds of meat, one cart or wagon, not to exceed in value $100, household and kitchen furniture not to exceed $100 in value; and $100 of wages of laborers are exempt from garnishment, in the hands of their emi)loyers. Missouri. Homestead $h600 to $,3000, and personal property. Home stead, if in tlie country, not to exceed $1,500 in value, and in cities PROPERTY. 599 of over 40,000 inha!)itants, not to exceed 83,000 in value. Per- sonal property is exempt as follows: For heads of families, all wearing apparel; usual household furniture not to exceed $100 in value; provisions in the house and the usual tools of trade of a mechanic; for farmers, working and other kind of animals amount- ing in value to about 8300. Persons may claim, in place of the afore- said animals any kind of property, real or personal. Women, being abandoned by their husbands, and being heads of families, may claim the same exemptions as the husbands. Persons, other than heads of families, are allowed as exemptions, their wearing apparel and the necessary tools of a mechanical trade. The last month's wages, regardless t)f amount, are exemi3t from execution and attachment. Montana. Home loorth 82,500, and personal property. A homestead not exceeding in value $2,500; in a city or village not to exceed one quarter acre, or farm land not exceeding eighty acres, the debtor taking his choice selecting either, with all improvements thereon incl aded in the valuation. The lien of a mechanic, laborer, or mortgage lawfully obtained upon the same is not affected by such exemption. In addition to the homestead, personal property to the value of $1,400, and more, according to value of articles enum- erated by statute, is allowed to the householder occupying the same. liTebraska. Home worth $500, and personal property. A homestead con- taining any quantity of land not exceeding 160 acres, and the dwelling-house thereon, and its appurtenances, to be selected by the owner thereof, and not included in any incorporated city or village; or instead thereof, at the option of the owner, a quantity of contiguous land, not exceeding two lots in any incorporated town, city, or village, and according to the recorded plat of said incorporated town, city, or village; or, in lieu of the above, a lot or parcel of contiguous land, not exceeding twenty acres, being within the limits of an incorporated town, city, or village, the said parcel or lot of land not being laid off into streets, blocks, and lots, owned and occupied by any resident of the State, being the head of a family, shall not be subject to attachment, levy, or sale upon execution, or other process issuing out of any court in this State, so long as the same shall be occupied by the debtor as a homestead. All heads of families, who have neither lands, town lots, nor houses entitled to exemption as a homestead, under the laws of this State, shall have exemption fi-ora forced sale on execution the turn of $500 personal property. Nevada. A homestead vjorth $5,000, and personal property. A home- stead owned by a head of the family, worth $5,000, and the fol- 600 EXEMPT lowing personal property: Hoiiseliold furniture to the value of $100; provisions and fire-wood for one month; farming utensils of a farmer not exceeding in value $200; two horses, two oxen or two mules, and two cows; one cart or wagon, mechanics' tools; a miner's dwelling, in value $500, and his mining tools; a library and instruments of a dentist, physician, lawyer or surgeon; one sewing- machine worth$l 50. A mortgage or other security on the home- stead is void, unless for purchase money or mechanic's lien. Ne-w Hampshire. Ho7ne worth $600, and personal property . Homestead to the value of $500, for the benetit of wife, widow or children. House- hold furniture to value of $100; books and library in use by the debtor and his family to value of $200; necessary wearing apparel of debtor and family; necessary bed, bedsteads, and bed-clothing; one cooking stove and its furniture; tools of his occupation, $100; provisions and fuel, $50; beasts of the plow, not exceeding one yoke of oxen or one horse; sewing-machine, one cow, six sheep, one pig or hog. New Jersey. Home worth $1,500, and personal property. Lot and buildings thereon, occupied as a residence and owned by the debtor, being a householder and having a family, to the value of $1,500. Personal property to the amount of $200, owned by a resident head of a family, appraised by three persons appointed by the sheriff, and the widow or administrator of a deceased person may claim the same exemption of $200 as against creditor^. New York. IIo7ne worth $1,000, and p>€rsonal property. Homestead to the value of $1,000; but not as against an execution upon a judgment recovered for fraud. Burial plat not to exceed one fourth of an acre. Personal property, when owned by a householder, is ex- empt as follows: Spinning-wheels, looms and stoves in use in dwelling-house; pictures and books in use to the value of $50; a pew in a church, ten sheep, one cow, two swine, and their neces- sary food; necessary household furniture and library to value of $250; working tools, professional instruments, a team and neces- sar}^ food therefor for ninety days, and a sewing-machine, except on execution for purchase money for such things. New^ Mexico. Home vjorth $1,000; j9m?,'/.s/o/?.9, $25; furniture, $10; tools, $20. Real estate to the vahie of $1,000 is exempt in farm, if the heads PROPERTY. 601 of the families reside on the same; also the clotTiing, bed and bed- clothing required fur the use of the tamily, and Hrewood requisite for thirty days, when actually provided and intended for use. All Bibles, Testaments, hymn books and school books used by the family, and family and religious pictures; provisions on hand to the amount of- $25, and kitchen furniture to the value of $10, both to be selected by the debtor; also tools and implements belonging to the debtor that may be necessary to enable him to carry on his trade or business, whether agricultural or mechanical, to be se- lected by him, and not to exceed $20 in value. Real estate, when sold, must be first appraised by two freeholders of the vicinity, and must bring two thirds of the appraised value. North Carolina. Home worth $1,000, mid personal jyrojyer^ty loorth $500, Every homestead, and dwellings and buildings connected therewith, not exceeding in value $1,000, to be selected by the owner thereof, or in lieu thereof, at the option of the owner any lot in a city, town or village, with the dwellings used thereon, owned and occu- pied by any resident of the State, and not exceeding $1,000 in value. Personal property to the extent of $500 in value. Ohio. Home vmrth $1000, and jpersonal 2^'"operty. Every head of a family, resident in Ohio, shall hold exempt from execution his homestead, not to exceed $1,000. If the homestead exceed $1,000 the property will be partitioned and a homestead of $1,0(>0 set off to the debtor. If he have no homestead, he shall hold exempt real or personal property not to exceed $500, exclusive of general exemptions, which are: Beds and bedstead; one stove, one cook- ing stove, fuel for sixty days; $100 worth of wearing apparel; one cow, or instead $35 of household furniture; two hogs, or instead $15 of household furniture; six sheep, or instead $15 of house- hold furniture; all Bibles and hymn books, family pictures, pro- visions not exceeding $50, and such other articles of household or kitchen furniture as may be needed, not exceeding $50; a sewing- machine; a knitting-machine; tools of his trade, not exceeding $100; his personal earnings, and his minor children's, for not more than three months before judgment; all specimens of natural history, if not kept for pecuniary exhibition. A doctor shall hold his horse, saddle, instruments and books, and the two latter not to exceed $100, exempt; a drayman, his horse and dray; a lariner. Ills horse, wagon and yoke of oxen. Widowers having unmarried minor children, widows and married people having no children, may have the benefit of this act. The wife may claim exemption when the husband will or can not, but the two may not claim ex- emption at the same time. Unmarried women may hold $100 of 602 EXEMPT wearing apparel, $25 of books, a sewing and knitting machine ex- empt. Oregon. Personal property. The following are exempted: Books, pict- ures and musical instruments to tlie value of $75; wearing ap- parel to the value of $100, and if such person be a householder, for each member of his family to the value of $50; the tools, imple- ments, apparatus, team, vehicle, harness or library necessary^ to enable any person to carry on the trade, occupation or profession by which such person habitually earns his living, to the value of $400; also sufficient quantity of' food to support such team, if any, for sixty days. The following property, if owned by a householder and in actual use, or kept for use by and for his family, or when being removed from one habitation to another on a change of resi- dence; ten sheep, with one year's fleece, or the yarn or cloth man- ufactured therefrom; two cows and five swine; household goods, furniture and utensils to the value of $300; also sufficient food to support such animals, if any, for three months, and provisions actually provided for family use, and necessary for the support of such household and family for six months; the seat or pew occu- pied by a householder or his family in a place of public worship; all property of State, or any county, incorporated city, town or village therein, or of any other public or municipal corporation of like character. No article of property, or if the same has been sold or exchanged, then neither the proceeds of such sale nor the articles received in exchange therefor, shall be_ exempt from exe- cution issued on a judgment recovered for its prize. Pennsylvania. Real or personal property, $300. Real or personal property to the extent of $300, besides wearing apparel, Bibles and school books and sewing-machines in the use of the family, and the arms, accouterments, and uniform of a soldier. The exemption may be waived in note or contract. Rhode Island. No homer exempted^ hut personal propttty. Householders are entitled to hold the following exempt from execution: The neces- sary wearing apparel of the debtor and his family; his necessary working tools to the value of $200; his household furniture and family stores, to the value of $300; one cow, one hog, and one pig, and the pork of the same; debts secured by bills of exchange or negotiable promissory notes. South Carolina. Home worth $1,000, personal property, $500. A homestead to the head of each family, his widow or the orphan minors, not to PROPERTY. 603 exceed $1,000. Also, personal property as follows: "IT6usehold furniture, beds and bedding, family library, arms, carts, wagons, farming implements, tools, neat cattle, work animals, swine, goats and sheep, not to exceed in value in the aggregate $500, except the homestead can not be held exempt from execution issued on a iudgment obatined for the purchase money of the same, or for improvements made thereon, or taxes due thereon." One third of yearly proceeds of persons not the heads of family is exempt, ex- cept as against taxes. Tennessee. Home worth $1,000, and personal jyrojpertij . The following prop- erty is exempt from garnishment, execution, or attachment: Thirty dollars of the wages of mechanics or other laboring men in the hands of heads of families; two beds, bedsteads and necessary clothing for each, and for each three children of one family, one additional bed, bedstead and clothing, the value of such bed- steads in no case to exceed $25; two cows and calves, and if the family consist of six or more persons, three cows and calves, etc. ; two horses or two mules, or one horse and one mule, and one yoke of oxen; one wagon or cart, etc., not to exceed in value $75; twenty-live pounds corn; twenty bushels wheat; five hundred bun- dles oats, etc. ; one thousand pounds pork, or six hundred pounds bacon; a homestead carpet, manufactured by the wife or for family use; six cords wood, or one hundred bushels coal; one sewing-ma- chine, if used for livelihood, etc. ; in the hands of mechanic, who is engaged in the pursuit of his trade, one set of mechanic's tools; a homestead in the possession of each head of the family and the improvements thereon to the value of, in all, $1,000. Persons who are not the heads of families are not entitled to the benefit of ex- emptions. Texas. Borne worth $5,000, and personal property. To every citizen, householder and head of a family, not to exceed two hundred acres of land (not included in a city, town or village), or any city, town or village, lot or lots, not to exceed $5,000 in value at the time of their designation as a homestead, and without reference to the value of any improvements thereon. Also, all household and kitchen furniture, all implements of husbandry, all tools and ap- paratus belonging to any trade or profession, and all books belong- ing to private or public libraries; five milch cows and calves; two yoke of work oxen; two horses and one wagon; one carriage or buggy; one gun, twenty hogs, twenty head of sheep; all provis- ions and forage on hand for home consumption; all saddles, bridles and harness necessary for the use of the family; and to every citi- zen not a head of a family, one horse, bridle and saddle, all wear- ing apparel, all tools, apparatus and books belonging to his or her private library. 604 EXEMPT Utah. Home worth $1,000, and personal 'property. To each member of •the family $250. To the head of the family is allowed a home- stead not exceeding in value $1,000, to be selected by the debtor, and personal property to the value of $700 or more, according to the value of the articles exempt by statute; aside from the home- stead, each member of the family 'is allowed $250. No property shall be exempt from sale on a judgment received for its price, on a mechanic's lien, or a mortgage thereon. Vermont. Home vjorth $500, and personal property. Homestead to the value of $500, and products, such suitable apparel, bedding, tools, arms and articles of fui-niture as may be necessary for upholding life; one sewing-machine kept for use; the best swine, or the meat of one swine; ten sheep, and one year's product of said sheep in wool, yarn or cloth; forage sufficient for keeping not exceeding ten sheep and one cow through one winter; ten cords of firewood, or five tons of coal; twenty bushels of potatoes; such military arms and accouterments as the debtor is required by law to furnish; all growing crops, ten bushels of grain, one barrel of flour, three swarms of bees and hives, together with their produce in honey; two hundred pounds of sugar, and all lettered gravestones;^ the Bibles and other books used in a family; one pew or slip in a meeting-house or place of religious worship; live poultry not ex ceeding in amount or value the'sum of $10; the professional books and instruments of physicians, and the professional books of clergy' men and attorneys at law to the value of $200, and also one yoke of oxen or steers, as the debtor may select, with sufficient forage for the keeping of the same through the winter; or in lieu thereof, two horses kept and used for team work not to exceed in value $200, with sufficient forage for keeping same; also pistols, side- arms and equipments personally used by any soldier of the United States and kept by him or his heirs as mementoes. Virginia. Homestead and personal 'property to the value o/ $2,000. In case of a husband, parent or other person who is a householder or head of a family, the law exempts from distress or levy, divers enumerated articles of household and personal use, furniture, . bedding, etc., ranging in value from fifty to five hundred dollars, according to the condition and size of the family. Beside the foregoing, every householder or head of a family is entitled to a home:^tead exemption of two thousand dollars, to be set apart out of any property which he may select. PROPERTY. 605 Wasliington Territory . HomeioortTi $1,000, and 'personal property . To 6ach householder, being, the head of a family, a homestead worth $1,000, while oc- cupied by such family; all wearing apparel, private libraries, family pictures and keepsakes. To each householder, one bed and bedding, and one additional bed and bedding for every two addi- tional members of the family, and otlier household goods of the coin value of $1,500; two cows and their calves; five swine, two hives of bees, twenty-five domestic fowls, and provision and fuel for six months. To a farmer, one span of horses and harness, or two yoke of oxen, and one wagon, with farming utensils not ex- ceeding $200 coin value. To attorneys and clergymen, their libraries valued at not to exceed $500, "with ofiice furniture and fuel Small boats and fire-arms kept for use, not exceeding $50 in coin value; parties engaged in lightering, two lighters and one small boat valued at $250; the team of a drayman. West Virginia. Homeworth $l,000,and personal property. Homestead to the value of $1,000, where the property of that value is demised or granted by debtor, being a husband or parent, and resident in the State, as a homestead; and where he, previously to contracting the debt or liability, has placed a declaration of his intention to keep the property as a homestead on the land records of the county in which the real estate is situate. Personal property to the value of $300 is also exempt, provided debtor is a resident and a parent. Wisconsin. Farm of forty acres., or house and lot in milage or city., and personal property . A homestead, consisting of land not exceed- ing forty acres, used for farming purposes; or in lieu of the above at the option of the debtor, a lot in any town or city not to exceed one fourth of an acre. Family Bible, pictures, school books and private library; church pew; all wearing apparel; usual house- hold furniture, not to exceed $200; gun or rifie, not to exceed $50 in value; two cows; ten hogs; yoke ofoxen and horse or mule; ten sheep and wool therefrora,"and necessary food for said animals and for the debtor's family for one year; wagon and otlier farming utensils not to exceed $50; also, all insurance money arising from tlie destruction of property exempt from execution; also, the earnings for the past sixty days of persons who have families to support. The tools, implements, and stock in trade of a mecnanic or miner, or other person, not exceeding $200 in value; library or implements of any professional man not exceeding $2o0 in value. All sewing machines kept for use; any swords, plate, books, or other articles presented by Congress or the members thereof. 606 EXEMPT ■Wyoming. Home worth $1,500, and jyersonal property . A homestead con- sisting of a house and lot in a village or city, or land not exceed- ing 160 acres, the value not in either case exceeding $1,500, is allowed to a householder occupying the same. Also the follow- ing property of a householder, being the head of a family, is ex- empt. Wearing apparel, family Bibles, pictures, school books, cemetery lots, bedding, furniture, provisions and such other articles as the debtor may select, not exceeding in value $500. Tools, team, or stock in trade of a mechanic, miner or other per- son, kept and used for the purpose of carrying on his business or trade, not exceeding $300, are exempt. Library, instruments and implements of any professional man, worth not more than $300. The person claiming exemption must be a bona fide resident of the territory. Ontario, Canada. The bed, bedding and bedsteads in ordinary use by the debtor and his family; the necessary and ordinary wearing apparel; one stove and pipes, one crane and its appendages, one pair of andirons, one set of cooking utensils, one pair tongs, one shovel, one table, six chairs, six knives, six forks, six plates, six teacups, six saucers, one sugar basin, one milk jug, one tea-pot, spoons; fifteen hives of bees; all spinning wheels and weaving looms in domestic use; ten volumes of books, one saw, one gun, six traps, and such fishing nets and seines as are in common use; all neces- sary fuel, meat, fish, flour and vegetables actually provided for fam- ily use, not more than suflicient for the ordinary consumption of tlie debtor and his family for thirty days, and not exceeding the sum of $10; one cow, four sheep, two hogs and food thereof for thirty days; the tools and implements and chattels ordinarily used in the debtor's occupation to the value of $60. Exemption from Forced Sales. — On free grants and home- steads in the ^wssession of actual settlers, in the Algoma and Nip- pissing Districts, and certain lands between the river Ottowa and the Georgian Bay, are exempt from seizure, while in personal property, beds, bedsteads, bedding, and wearing apparel of the debtor and his family, household furniture, provisions, farm stock, tools, and implements to the value of $60, are exempt from seizure. New Brunswick, Canada. There is no homestead law in this Province. The wearing^ ap- parel, bedding, kitchen utensils, and tools of his trade or calling, to the value of $100, of any debtor, are exempt from levy or sale under execution. Quebec, Canada. Personal property exempt from forced sale being used and owned by the debtor; bed, bedding and bedstead, necessary wear- HOMESTEAD. 607 ing apparel for himself and family; set of table and stove furniture, all spinning wheels and weaver's looms in use in the family , one ax, one gun, one saw, six traps, fish-nets in common use, and ten volumes of books; fuel and food for thirty days, worth S^O; one cow, four sheep, two hogs, with necessary food for thirty days; tools and instruments used in his trade to the value of $20; fifteen hives of bees, and wages and salaries not yet due; besides certain other properties granted by the courts. Nova Scotia. There is no homestead exemption law in this Province. Nothing is exempt from forced sale except personal property to the amount of $40. HOMESTEAD AND HOMESTEADEHS. A circular, published by a- prominent Western railway company, thus condenses much valuable information for all who contemplate taking up Government land. "1. What is a homestead? it is a farm given to any man or woman who lives on it and cultivates it for five years. We say 'given,' for the charges are only about ten cents an acre — that is, the cost of surveying and recording, amounting in all for one fourth of a square mile to eighteen dollars at most, and four dol- lars of this sum is not payable for five years. " 2. How large a farm is a homestead? It is a farm of one hundred and sixty acres, except on tracts one half of which has been granted in aid of railroads or other public improvements.* On such tracts the homestead is no more than half the usual size, unless the homesteader has served at least ninety days as a soldier. In that case his homestead is a quarter-section any- where. '' 3. Who may become a homesteader? Any man or any woman, — that is, any native, of legal age, and any foreigner who has de- clared his intention to become a citizen, which any immigrant may do the very day he lands in America. " 4. How does one become a homesteader? He goes to any United States Land -office, where he has free access to maps show- ing all the vacant lots in the neighboring regions. He then goes and picks out the one he likes best, returns to the land-office, makes an application, according to the legal forms furnished by the officer there, for that lot as his homestead, and leaves those forms for record, pays at most fourteen dollars, and is henceforth * These homesteads are now increased to 160 acres in size. 608 • STATE LAWS monarcli of all lie snrve^^s on the farm of his choice. But the homesteader is not obliged to go in person to the Government land- office. In most cases he can ascertain from local land-agents^ or residents what lands are vacant, and then make his application for the homestead he wishes to occupy, before the clerkof the court in the county where it lies, sending with it an affidavit, with his' reasons for not appearing in person. "5. How soon must a homesteader begin to occupy his land^ At any time within six months after his application is put on record, and he may journey away from his land at will, if not absent more than half a year at once, and provided that he fixes his residence nowhere else. "6. Can a homesteader become the full owner of his farm sooner than at the end of five years? Yes; after six months' resi- dence, he can, at any time, purchase his land by paying the Gov- ernment price, the maximum of which is two dollars and fifty cents, and the minimum half that sum per acre. ' 7. What if a homesteader is in debt? His homestead is exempt from liabilities for any debt contracted previous to his perfecting his claim to that land; and in some States it is not liable to attach- ment for any subsequent debt. "8. How is a full title finally obtained? After the home- steader has resided on his land, and tilled it for five years, if at any time within two years he proves that fact to the register of the land-office where 'his application was recorded, that officer will obtain for him from Washington a full title to his land, charging him onlv a fee of four dollars. " 9. "Is not one man as good as another? ' Yes,' said an Irish- man, 'and a great deal better.' But Congress has enacted that every soldier is equal to two other men. The act was approved by the President, July 15, 1870. It provides that every person who has served loyally ninety days in the national army or navy is entitled, on the term's above explained, ' to enter and receive a patent for one whole quarter- section of land' — that is, one hun- - dred and sixty acres— where other men can only enter eighty, ' of the alternate reserved sections along the lines of any one of the railroads wherever public lands have been granted by acts of Congress.' In order to gain these privileges, the soldier rnust pursue the same routine and pay the fees as if he were; a civilian. But he gets twice as much land." ABSTRACT OF THE LAWS OF THE VARIOUS STATES OF THE UNITED STATES AND PROV- INCE OF CANADA IN RELATION TO DEEDS. Alabama. Acknowledgment and proof of conveyances may be taken by judges of any court of record, their clerks, chancellors and regis- REGARDING DEEDS. 609 ters in chancery, justices of the peace and notaries public. In otlier States by the judges and clerks of any court of record in any State, notary public or commissioner appointed by the Gov- ernor ot Alabama. Out of the United States, such acknowledg- ments and proof may be taken by the judge of any court of record, mayor or chief magistrate of any city, town, borough or county, notary public, or any diplomatic, consular or commercial agent of the United States. All conveyances of land must be written or printed on parchment or paper, and signed by the vender, or by his agent, legally authorized in writing. A wife may relinquish her right to dower by joining with her husband in a conve3'^ance of land, and acknowledging same as above provided. A husband must join in conveyance of wife's separate property. Arkansas. Deeds must be under seal — a scrawl is a seal. Acknowledgment may be made before a justice of the peace of the county where the land lies, judge or clerk of any court of record, or notary public. Acknowledgments in other States and foreign countries same as in Alabama. California Deeds need not be under seal. Acknowledgment may be made within the State, before a judge or clerk of a court of record, or a mayor or recorder of a city, or a court commissioner, or a county recorder, or a notary public, or a justice of the peace. Out of the State, and in the United States, before a justice of the peace or clerk of any court of record; or a commissioner appointed by the Governor of this State for that purpose; or any other officer authorized by its laws to take such acknowledgment. Out of the United States, before a minister, commissioner or charge cV affaires of the United States, resident and accredited in the country where such acknowledgment is made; or a judge of a court of record of the country where the acknowledgment is made, or a commission appointed for that purpose by the Governor of the State, pursuant to special statutes, as a notary public. The husband or wife can each, without the consent or assistance of the other, convey his or her separate property. They must join in a conveyance of their community property. Colorado. Deeds must be under seal — a scrawl is a seal. Acknowledg- ments in the State may be made before any judge or clerk of a court of record under the seal thereof, or before the clerk and recorder of any county or his deputy under the county seal, or before any notarj' public under his notarial seal, or before any jus- tice of the peace. Acknowledgments out of the State and in any foreign country should be made as in California. Witnesses to deeds are not necessary, but are desirable. 39 610 STATE LAWS Connecticut. Deeds must be 4n writing, and under seal (a scrawl is a seal), subscribed by the grantor or his attorney duly authorized, attested by two witnesses, with tlieir own hands, and acknowledged by the grantor as his free act and deed. Acknowledgment in the State, is made before a judge of a court of record of this State or of the United States, justice of the peace, commissioner of the school fund, commissioner of the superior court, notary public, town clerk or assistant town clerk. Acknowledgments out of the State, and in foreign countries, should be made as in California. Con- veyances of real estate situated in this State, and powers of attor- ney therefor, executed and acknowledged in any other State or Territory in conformity to its laws relative to the conveyance of lands therein situated, are valid. The wife need not be privately examined apart from her husband. The husband joins with the wife in the conveyance of her real estate, but conveys his own without her signature. Dower attaches only to the real estate belonging to the husband at his decease. District of Columbia. Acknowledgments may be made before any of the following named officers of State, district, county or Territory within the United States, in which person making the deed may be living, namely: Before any judge or court of record and of law; any chan- cellor of State; any judge of the supreme, circuit, district or terri- torial courts of the United States; any justice of the peace; any notary public; any commissioner of the circuit court of the district appointed "^ for that purpose. The officer taking acknowledgment must annex to the deed a certificate under his hand and seal. When acknowledgments are made beyond limits of the district, within the United States, the certificate of the same must be accompanied by certificate of the register, clerk, or other public officer having cognizance of the fact under his offi- cial seal, tliat, at the date of the acknowledgment, the officer taking the same was, in fact, the officer he purported to be. Deeds made in a foreign country may be executed and acknowledged before any judge or chancellor of any court, master, or master extraordinary in chancery, or notary public, or before any secretary of legation or consular officer of the United States. Dela^ware. Deeds must be in writing under seal — a scrawl is a seal. Acknowledgments m.ay be made before any judge or clerk of record, justice of the peace or notary public. If out of the State and in a foreign country, the same' as in Alabama. Only one witness is necessary to a deed. The certificate of acknowledgment mmi show the wife relinquishes her dower, and the private examination should be certified. Deeds must be recorded within one year after the sealing and delivering of the instrument. REGARDING DEEDS. 611 Florida. Deeds must be in writiner, sealed and delivered in the presence of not less than two witnesses — a scrawl with the word seal written in it is a sufficient seal. Acknowledgments may be made before any judge, clerk of the circuit court, notary public or justice of the peace within the State. If executed in any other State, or foreign country, they may be made as given in State of Alabama. Should the deed beackn'owledged in any other State or country, before any officer not having a seal of office, he should have attached thereto a certificate of the clerk of a court of record, a certificate ot the secretary of state, minister plenipotentiary extraordinary, minister resident, charged' affaires^ commissioner or consul (as the case may be), that the person whose name is subscribed to the certificate of acknowledgment was at the date thereof such officer as he is therein represented to be, that he believes the signature of such persons subscribed thereto to be genuine, and that the deed is executed and acknowledged according to the laws of such State, Territory or foreign country. Deeds must be recorded within six months after the sealing and delivery of the instrument. The wife must join with the liusband in the execution of deeds to relinquish her dower. Georgia Deeds must be in writing, under seal, signed by the maker, attested by at least two witnesses and delivered to the purcliaser, or some one for him, and made for a consideration. Acknowledg- ment in this State must be attested by a judge of a court of record, or a justice of the peace, or notary public, or clerk of the superior court of the county where the land lies. Out of this State it must be attested by a commissioner of deeds for the State of Georgia, or a consul or vice consul of the United States, or by a judge of a court of record in the State where executed, with the certificate of the clerk, under the seal of such court, of the genuineness of the sig- nature of such judge. Deeds must be recorded within one year from date of sealing and delivery, and on failure to record, such deed loses priority over a subsequent deed which is recorded. Illinois. Deeds must be under seal — a scrawl answers tor a seal. No wit- nesses are required. Acknowledgments in this State may be made before any judge or clerk of a court of record, master in chancery, notary "public. United States Commissioner, circuit or county clerk, or justice of the peace. Without the State, such acknowledgment may be taken before a justice of the peace, a notary public. United States Commissioner, commissioner to take acknowledgments of deeds, mayor of a city, clerk of a county, or before any judge, justice or clerk of the supreme court, or any circuit or district court of the United States, or any judge, justice 612 STATE LAWS or clerk of any of the supreme, circuit, superior, district, county or common pleas courts of any of the United States or their Territo- ries. Without the State and in foreign countries, the acknowledg- ment may be taken before any Illinois commissioner, or before any officer of the State, Territory or county where made, author- ized by the laws thereof to take acknowledgments. The officer must be authenticated by the certificate of the county clerk or of a court of record, under his official seal. No deed or other instru-' ment can be construed as releasing or waiving the right of home- stead, unless the same shall contain a clause expressly releasing or waiving such right; and in such case, the certificate of acknowl- edgment must contain a clause substantially as follows: " Including the release and the waiver of the right of homestead." Indiana. Deeds must be in writing, signed and acknowledged; seals and scrolls are abolished; the word "heirs" is not necessary, neither are witnesses. Acknowledgments in this State may be made be- fore a justice of the peace of the county where the land lies, before a judge, or before a notary public; if out of the State, before a commissioner of this State, notary public, or before the chief offi- cer or mayor of a town or city who has a seal, or before a consul or minister of the United States who has a seal. The seal must be attached and the deed recorded in the county where the land lies. lovra. Deeds must be in writing, signed and acknowledged; seals and witnesses are not necessary. Acknowledgments made in the State must be before a judge or clerk of any court of record, county auditor or his deputy, each notary public and justice of the peace in his own county. Out of State must be before some court of record,before some commissioner for the State of Iowa, or before a notary public or justice of the peace. Kansas. Deeds must be in writing, subscribed by the grantor, or his attorney, or his agent and attorney. Private seals and witnesses are not necessary. Acknowledgments within this State must be before some court having a seal, or some judge, justice or clerk thereof, or some justice of the peace, notary public, county clerk or register of deeds, or mayor or clerk of an incorporated city. When acknowledged without this State, it must be before some court of recoid, or clerk or officer holding the seal thereof, or before some notary public or justice of the peace, or commissioner to take acknowledgments appointed by the Governor of this State, or before any consul of the United States, resident in a foreign port or countr3^ If taken before a justice of the peace, the REGARDING DEEDS. 613 acknowledgment must be accompanied by a certificate of his offi- cial character, under the hand of some court of record, to which the seal of said court shall be affixed. Husband and wife should always join in conveyances. No separate acknowledgment is required on the part of the wife. Ke ntucky . Deeds must be in writing; no seal is necessary. Acknowledgments in this State by persons other than married women may be made be- fore the clerk of a county court; outside of the State, in conformity with the laws of the State oi country where acknowledged. A deed of a' married woman must be acknowledged as named in the preceding sections. Previous to such acknowledgment, it shall be the duty of the officer to explain to her the contents and the effect of the deed separately and apart from her husband, and thereupon, if she freely and voluntarily acknowledge the same, and is willing for it to be recorded, the officer shall certify the same. When taken by an officer out of this State, the same must be acknowl- edged and certified to. Deeds must be legally presented for record within sixty days from the date thereof. By non-residents, within four months; if out of the United States, within twelve months. Deeds are not legally recorded until the clerk's tax is paid. The county clerk is the recorder of deeds. Deeds must be recorded in the county where the land lies, and take effect in the order in which they are recorded. Louisiana. Deeds must be in writing; no seal or scrawl is necessary. Ac- knowledgment in the State must be made before a notary publicor recorder in presence of two witnesses, who may prove the sig- nature. Out of the State, before a commissioner of Louisiana, or in conformity with the laws of the State where acknowledged. The imsband must join in the execution of a deed made by the wite conveying her real estate, and authorize her. When the hus- band sells his own real estate, the wife must join him and renounce all her rights, and she must be examined apart from her husband and duly informed of the nature of the act. Maine. Deeds must be in writing, signed, under seal (a scroll is not sufficient); witnesses are not necessary; acknowledgment in the State must be before a justice of the peace. Out of the State, before any justice of the peace, magistrate, notary public, commis- sioner for the State, or by any United States minister, consul, or any notary public in any foreign country. The wife must join in the deed to relinquish dower,^r she may do it by a separate deed. When she joins with her husband in the same deed, either can acknowledge the instrument. No separate examination of the wife is necessary 614 STATE LAWS Maryland. Deeds must be in writing, signed and sealed (a scroll is suffi- cient), and attested by at least one witness, and a consideration stated. Acknowledgments in the State may be^ made before any court of record, jus'tice of tlie peace, the official character of the justice of the peace duly certified to under seal. Without the State, before a notary public, a judge of any court of record, or a commissioner of Maryland, to take acknowledgment of deeds. Out of the United States, before any minister or consul of the United States, a notary public under seal. The wife must join the husband in deeds of fee simple property to release her right of dower. No separate examination or special form of acknowl- edgment is necessary for a married woman. Deeds must be recorded within six months from date of signing and delivery. Massachusetts. Deeds must be in writing, signed and sealed; a wafer or other substance upon which an impression may be made is a valid seal. A witness is not necessary. Acknowledgments may be made before any justice of the peace, magistrate or notary public, or commis- sioner appointed for that purpose by the Governor of this State within the United States, or in any foreign country, or before a minister or consul of the United States in any foreign country. In signing deeds it is not necessary that the wife should be separately examined; it is sufficient to bar her dower if she join with her husband in the conveyance. Michigan. Deeds must be in writing, signed and sealed (a scroll is regarded as a seal), and attested by witnesses. Acknowledgments may be made before any judge or commissioner of a court of record, or before any notary public or justice of the peace within the State. The deed must be recorded in the county where the land lies. When executed in any other State they must be executed accord- ing to the laws of such State, and the execution thereof may be acknowledged before any officer authorized by the laws of such State to take acknowledgments; or they may be acknowledged before any commissioner appointed by the Governor of this State for such purpose. The acknowledgment by a married woman, when she joins with her husband in a deed, must be taken separately and'ajjart from her husband, and she must acknowledge that she executes the same freely and without any fear or compulsion from any one. A husband is not required to join in a deed by the wife conveying her property. Minnesota. Deeds must be iri writing, signed and ssealed (a scroll is regard/ed as a seal), and attested by two witnesses, and recorded in the REGARDING DEEDS. 615 county where the property is. Acknowledgments may bo made V)efore a judge, a clerk of any court of record, notary public, jus- tice of the peace, or court commissioner. Out of this State, beiore a judge of a United States court, judges or clerks, or justices of the peace, notaries public under seal, or commissioners, appointed by the Governor of this State for that purpose. No separate acknowledgment to a deed is required by a wife, but she must join in her husband's acknowledgment. Mississippi. Deeds must be in writing, signed and sealed (a scrawl being regarded as a seal), and attested by two witnesses. Acknowledg- ments may be made before any judge or clerk of a court of record, justice of the peace, or member of the board of supervisors in the State. If outside of the State, same as in Illinois. If a married woman is a party to a deed she must be examined separate and apart from her husband, and acknowledge that she signed, sealed, and delivered the foregoing deed as her own voluntary act and deed, freely, without any fear, threats, or compulsion of her hus- band. Missouri. Deeds must be in writing, signed and sealed — a scrawl is regarded as a seal. Witnesses are not necessary. Acknowledg- ments in this State may be made before a justice of the peace of the county where the land lies, before a court or judge, the court having a seal, or before a notary public; if out of this State, be- fore a commissioner of this State, notary public, or before a court, or judge, or clerk of a court having a seal, or chief officer, or mayor of a town or a city who has a seal, or consul, or min- ister of the United States who has a seal. The seal must be attached and the deed recorded in the county where the land lies. Nebraska. All deeds must be in writing, and signed by the grantor, in the presence of at least one witness, who must subscribe as such and be duly acknowledged or proved and recorded. Seals are not necessary. Acknowledgments may be taken before a judge or clerk of any court, justice of the peace, or notary ])ublic; no officer can take any such acl>nowledgment or proof out of his State juris- diction. The certificate of acknowledgment must be indorsed on the instrument, and show that the grantor acknowledged the same to be his voluntary act and dee 1, and that the officer before whom the same was taken knew him to be the identical person whose name was affixed as grantor, or had satisfactor}' evidence of the fact. Acknowledgments taken in other States or foreign countries made as in State of Illinois. All deeds duly executed and acknowledged must be recorded in the office of the clerk of the 616 STATE LAWS county in which the land lies; in case the land_ is situated in an unorganized district, the deed is to be recorded in the office of the clerk of that county to which said district is attached for judicial purposes. No separate examination is required in taking a wife's acknowledgment; to convey her right of dower she must execute a deed with or without her husband. Nevada. Deeds must be in writing, signed and sealed, a scrawl being sufficient. Witnesses are not necessary. Acknowledgments may be made before a judge or clerk of a court having a seal, a notary public, or a justice of the peace. Out of the State, before any judge, clerk of a court having a seal, a notary public, or justice of the peace, or a commissioner of this State. Outside of the United States before some judge or clerk of a court oT a State, Kingdom, or Empire, having a seal, a notary public, or by a minister, com- missioner or consul of the United States. If the grantor does not acknowledge the execution of the deed, the witness may prove his signature; but if the witnesses are dead or cannot be had, proof by competent parties, under oath, of the signature of the grantor, and at least one witness. The wife must join the husband in the execution of a deed. New Hampsliire. Deeds must be in writing, signed and under seal, and attested by two or more competent witnesses. Acknowledgments may be made before a justice of the peace of the county where the land lies, before a court or judge, the court having a seal, or before a notary public; if out of the State before a commissioner of this State, notary public, or before a court, or judge or clerk of a court having a seal, or before the chief officer or mayor of a town or city who has a seal, or before a consul or minister of the United States who has a seal, or a justice of the peace. The seal must be attached, and the deed recorded in the county where the land lies. No separate acknowledgment is required to be made by the wife, nor need she be examined separate and apart from, her husband, but she must join in the deed to bar her dower or homestead. Certificate need not state that the wife releases her dower. New Jersey. Deeds must be in writing, signed and under seal, of wafer or wax, and attested by at least one witness. The word "heirs" should be incorporated to convey fee simple. Acknowledgment must be before the chancellor or justice of the supreme court, a master in chancery, a judge of tl'ie court of common pleas, or a commissioner of deeds. Outside of the State or in a foreign coun- try, same as law of New York. P>otli husband and wife nmst join REGARDING DEEDS. 617 in a deed conveying the estate of either the wife to relinquish her dower in her husband's estate, and the husband to give his assent to the wife's conveyance. New York. Deeds must be in writing, signed and under seal, of wafer or wax (a scrawl is not sufficient), with one or more subscribing witnesses, unless the deed is acknowledged by the grantor. Within the State the acknowledgment luust be made by judicial officers generally, by notaries public and commissioners of deeds. Without the State the acknowledgment may be taken before any New York commis- sioner, or before any officer of the State or Territory where made, authorized by the laws thereof to take acknowledgments. The officer must be authenticated by the certificate of the county clerk under his official seal. North Carolina. Deeds must be in writing, signed and sealed (a scrawl being sufficient), acknowledged and proved by one or more subscribing witnesses. Within the State before a judge or clerk of a court of record, or notary public. When taken outside of the State and in foreign countries they may be acknowledged as in New York. The wife must join the husband in the execution of all deeds con- cerning real estate, to bar her dower, and her signature cannot be proven, but her separate acknowledgment must be taken; she must be examined privily, and apart from her husband, and must show she does it to relinquish her dower. Deeds _ must be recorded within two years in the county where the land lies. Ohio. Deeds must be in writing, signed, sealed (a scroll will suffice), and acknowledged in the presence of two attesting witnesses,^ be- fore any officer in the State empowered to take depositions. If the grantor is a non-resident he may execute according to the laws of the State of Ohio, or the laws of the State or country where it is executed and acknowledged. Deeds must be recorded within six months from date of execution. The wife must join her husband in a deed or power of attorney, whether the land be in her own right, or she have but a dower interest therein. Oregon. Deeds must be in writing, signed, -sealed (a scroll is sufficient), and attested by two witnesses, and duly acknowledged and re- corded in the county where the land lies. Acknowledgment may be made before any* judge of a court of record, justice of the peace or notary public out of the State, in conformity with the laws of the State or county where acknowledged, accompanied by a cer- tificate of the clerk' or other proper certitying officer of a court of record, under the seal of his office, that the person whose name is subscribed to the certificate of acknowledgment was, at the date 618 STATE LAWS thereof, such officer as he is therein represented to be; that he be- lieves the signature of such person subscribed thereunto to be gen- uine, and tliat the deed is executed and acknowledged according to the laws of such State, Territory or district. Pennsylvania. Deeds must be in writing, signed, sealed (a scroll is sufficient), and attested by two witnesses. Acknowledgments may be made before any judge of a court of record, mayor, recorder, and alder- man of Philadelphia, Pittsburg, Allegheny and Carbondale, the recorders of deeds, the notaries public, and all justices of the peace. "Without the State, in any foreign country, the acknowledgment may be taken before any officer of the State, Territory or country where made, authorized by the laws thereof to take acknowledg- ments; such officers must be authenticated by a clerk of county or court under seal; if the grantor is in the military service of the United States, before any person holding the rank of major or any higher rank in said military service. Proof of the execution of a deed may be made by the affidavit of a subscribing witness. Powers of attorney relating to real estate must be acknowledged the same as deeds. Deeds must be recorded in the county where the property lies. No deed or contract relating to the real estate by a wife is binding upon her, unless duly acknowledged. Rhode Island. Deeds must be written, signed and sealed (a scroll is not suffi- cent). Witnesses are not necessary. Acknowledgments may be made before a senator, judge, justice of the peace, notary public, or town clerk. Out of the State acknowledgments may be made as in New York. Deeds must be recorded in the county where the property lies. The wife nmst join in the execution of a deed made by the husband, to relinquish dower; the husband alone is required to acknowledge it. South. Carolina. Deeds must be in writing, signed, sealed (a scroll is sufficient), in the presence of at least two attesting witnesses, and must be recorded in the parish where the land lies in thirty-three days after acknowledgment. Acknowled^rments in the State must be made before a trial justice or notary public; without the State before a commissioner of this State only. Previous to the probate of a deed one of the subscribing witnesses must go before a notary public or trial justice, if in this State, or before a commissioner for this State if out of the State, and make affidavit that he saw the grantor sign, seal, and, as his act and deed, deliver that deed, and that he, with the other subscribing witness, naming him, did wit- ness the execution thereof. Tennessee. Deeds must be in writing, signed and acknowledged by the REGARDING DEEDS. 619 grantor before two attesting witnesses, and recorded in the county where the land lies. Acknowledgments may be made in the State, other States and foreign countries, saine as in Kentucky. Seals have been abolished. In this State the wife has no dower in land granted in fee by the husband, and it is not necessary for her to join in the deed; if a trust deed is given, then the wife must relinquish dower by joining in the deed. In a separate estate belonging to the wife, the husband must always join her in the deed. Texas. Deeds must be in writing, signed, sealed (a scroll is sufficient), and acknowledged. If not acknowledged it must be proved by two attesting witnesses, and must be recorded in the county where the land lies. Acknowledgments may be made in the State, other States and foreign countries, as in New York. Vermont. Deeds must be written, sealed (a scroll is insufficient), and signed in the presence of two attesting witnesses, acknowledged and re- corded in the county where the property is situated. Acknowl- edgments may be made before a master in chancery, a notary public, or a justice of the peace. Out of the State as in New York. Virginia. Deeds must be in writing, signed, sealed (a scrawl is sufficient), and acknowledged and recorded in the county where the land lies, within sixty days from date of execution. Acknowledgments may be made as in New York, or may be proved by two witnesses. An acknowledgment of a married woman must bo certilied to, if before a justice of the peace, by at least two justices, or by some officer having a seal. West Virginia. Deeds must be in writing, sealed (a scroll is sufficient), signed and acknowledged, or proved by two attesting witnesses,' and recorded in the county where the land is. Ack'nowleclgraents may be made as in New York State. The wife must join with the hus- band in the deed to relinquish her dower. Wisconsin. Deeds must be in writing, signed, sealed (a scroll will answer), and executed in the presence of at least two attesting witnesses, and recorded in the county where the property lies. Acknowledg- ments may be made in the State, in other States and foreign coun- tries, before officers, as named in New York. A married woman must join in the execution of a deed to her husband's property to bar her dower. She can do this b}^ an attorney duly appointed. 520 ACKNOWLEDGMENT OF DEEDS. Province of Ontario. Deeds must be in writing, signed and sealed (a scroll is not sutKcient), and attested by two witnesses. Deeds may be proved by atHdavit of one of the witnesses to said deed, said aifidavit being engrossed on what is called a memorial, setting forth a digest of the principal details of the deed; this memorial shall be under the hand and seal of the grantee or the grantor, and is left for permanent record with the registrar of the county in which the property conveyed is situate. Within the province the affidavit to execution of deed may be taken on said memorial before the regis- trar of the county or his deputy, or before any judge of the Court of Queen's Bench of Ontario, or any judge of a county court, or any commissioner of the said Court of Queen's Bench, in Ontario. Out of the Province, proof of deeds, conveyances, or wills may be made by affidavit (or declaration when said declaration is by law permissible), sworn before the mayor or chief magistrate of any city, borough, or town corporate in Great Britain or Ireland, under the common seal of sucli city, borough or town corporate, or before the chief justice or judge of any Court of Queen's Bench in Quebec, or of the supreme court of any British colony, or before the mayor of any city, borough, or town corporate in any foreign country, or any consul or vice consul of Her Majesty resident therein. Deeds, conveyances, judgments, etc., must be recorded in.the county where property is situate, and bind lands according to priority of regis- tration. A wife must join in a deed with the husband, in selling his real estate, to relinquish dower, and he must join with her in selling her separate real estate, acquired previous to, or subsequent to, marriage. Province of Ne^v Brunswick. Deeds must be in writing, signed, sealed (a scroll is not suffi- cient), and witnessed by at least one attesting witness. The law governing acknowledgments is similar to that of Ontario. A con- veyance, or power of attorney for the same, by a married woman, of all her right and interest in land jointly with her husband, shall be valid if executed without compulsion from him, and the person authorized by law to take acknowledgments of conveyances in other cases, certifying thereon that he has examined her apart from her husband, and that she acknowledged that she executed the conveyance freely. ACKNOWLEDGMENTS OF DEEDS, MORTGAGES, ETC. The following is substantially the rule relating to the acknowl edgment of deeds, etc., in all the States and Territories of the Union, including the District of Columbia, to wit : Acknowledg- ments of deeds may be made before any of the following officers of any State, district, county, or Territory within the United States ACKNOWLEDGMENT ^OF DEEDS. 621 in wliich tlie person making the deed may be residing, namely, before any judge of a court of record and of law; any chancellor of state; any judge of a supreme, circuit, superior, district, or of territorial courts of the United States, or of any State ; any justice of the peace, notary public, commissioner of deeds, or any com- missioner appointed for that purpose by the Governor of the State where the deed is to be recorded. The officer taking the acknowl- edgment must annex to the deed a certificate of the same under his hand and seal, if there be a seal required for his office. When acknowledgments are made without the county, parish, or State, and within the United States, the certificate of the same must be accompanied by a certificate of the register, clerk or other public officer having cognizance of the fact, under his official seal, that at the date of the acknowledgment the officer taking the same was, in fact, the officer he purported to be, and was legally authorized to take such acknowledgment. Deeds made in a foreign country may be executed before any judge or chancellor of any court, master, or master extraordinary in chancery, or a notary public, or before any secretary of legation or consular officer of the United States.* The following is a common form of acknowledgment of husband and wife where both join in the execution of a deed : State of , , gg^ County of- } On this day of , A. d. 188-, before me, A B, a (state official character) in and for said county (" duly commissioned and sworn," if a notary) personally appeared C D and E F, who are personally known (or proved by the oath of G H, a credible witness, made before me) to be the persons who executed the fore- going (or annexed) instrument, and acknowledged to me that they executed the same for the uses and purposes therein mentioned; and the said E F, wife of the said C D, being examined by me separate and apart from and without the hearing of her said hus- band, acknowledged to me that she executed the same fi-eely and voluntarily, and without fear or undue influence of her husband, and that she does not wish to retract the execution of the same. In testimony whereof I have hereunto set my hand and affixed my official seal the day and year in hi [l. s.] certificate above written. ^__ ^ in and for said county. * Powers of attorney for the conveyance of real estate should be acknowledged and recorded the same as a deed. 622 STATE LIMITATION OF ACTIONS TABLE OF STATE LAWS RELATING TO LIMITA- TION OF ACTIONS. Limit of Time in which Action May be Brought on the Following: 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 MassHchusetts , Michigan Minnesota Mississippi Missouri Moiilana Nebraska Nevada New Hampshire New Jersey ,..,... New Mexico New York Norih Carolina Ohio , Ontario (U. Canada). . Oregon Pennsylvania Quebec (L. Canada). . Rhode Island , iSouth Carolina Tennessee Texas Utah Vermont Viiirinia Wa^hinffton Territory West Virginia Wisconsin Wyoming Sealed Assault and Slander Open Acc'ts. Notes. Judg- ment. and w it- nessed Instru- rnenls. Years. Years. Years. Years. Years. 1 3 6 20 10 1 3 5 10 10 1 2 4 5 1 2 4 5 4 1 6 6 3 3 3 6 20 17 2 6 6 20 20 1 3 6 20 20 1 3 3 12 12 2 4 5 20 20 1 4 6 7 20 2 4 5,4 G,5 5 1 5 10 20 Id 2 6 20 20 20 • 2 5 10 20 10 1 3 5 5 15 1 2 15 15 15 1 3 5 10 10 2 6 20* 20 20 1 3 3 12 12 2 6 20* 20 20 2 6 G 6 10 2 6 6 10 6 1 3 7 6 2 5 10 108S 10 2 2 G G 6 1 4 5 5 10 2 4 G 5 4 2 6 6 20 20 2§ 6 G 20 16 1 10 10 10 2 6 6 20 20 If- 3 3 10 10 1 6 15 15 15 2 6 G 20 10 2 6 6 10 10 1 6 G 20 20 1,2 5 5 30 30 1 G G 20 20 2 6 6 20 20 1 6 G 10 6 1 2 4 10 4t 1 2 4 5 4 2 6 14* 8 8 1 5|| 5 10 20 2 3 6 6 G 1 3 II II 10 10 10 2 . 6 6 20 20 1 4 5 1 15 5 * Promissory notosin Massaclmselts, Maino and Vermont barred in six years, unless sicrned by Rttpstini: witnesses, t Slander, C montlia. § Assault, 4 years. || Store accounts, ii years. X Seals abolished. §§ In certain courts, 20 years. |||| Store accounts, 3 years. RATES OF INTEREST. 623 TABLE OF STATE LAWS RELATING TO RATES OF INTEREST, AND PENALTIES FOR USURY. States and Territories. Alabama Arizona Arkansas California . . . . Colorado Conuecticut Dakota Delaware District of Columbia.. . Florida Georgia Idaho Illiuois Indiana Iowa Kansas -. . Kentucky Louisiana Maine Maryland Massachusetts • Michi^ian Minnesota • Mississippi Missouri Montana Nebraska Nevada New Hampshire.. . . « . . New Jersey. .......... New Mexico. New York North Carolina Ohio Ontario, Canada Oregon Pennsylvania Quebec, Canada Rhode Island South Carolina Tennessee Texas Utah Vermont Virginia Washington Territory. West Virginia Wisconsin Wyoming Legil Rale of Interest. percent 8 10 6 7 10 6 7 6 6 8 7 10 6 6 G 7 6 5 6 6 6 7 7 6 6 10 7 10 6 6 6 6 6 6 6 10 6 6 6 7 6 8 10 6 6 10 6 7 12 Rate Allowed by Contract. per cent. 8 Any rate 10 Any rate Any rate Any rate 12 6 10 Any rate 8 18 10 12 6 8 Any rate 6 Any rate 10 10 10 10 Any rate 10 Any rate Any rate 6 Any rate 12 6 Any rate Any rate 7 6 12 Any rate 6 6* Any rate 6* 10 Any rate Penalties for Usury. Forfeiture of entire interest. Forfeiture of prin'l and int. Forfeiture of entire interest- Forfeiture of principal. Forfeiture of entire interest. Forfeiture of entire interest. Fine and imprisonment. Forfeiture of entire interest. Forfeiture of excess of int. Forfeiture of entire interest. For. of ex. of int. above 12,C Forfeiture of entire interest. Forfeiture of entire inttrest. [Forfeiture of excess of int. For. of ex. of int. above 7^. Forfeiture of entire interest. Forfeiture of excess of int. Forfeiture of entire interest. Forfeiture of entire interest. For. of thrice the ex. & costs. Forfeiture of entire interest. Forfeiture of contract. Forfeiture of entire interest. For. of excess above 6%. For. of principal and interest. Forfeiture of excess of int. Forfeiture of entire interest. Forfeiture of excess of int. Forfeiture of excess of int. Forfeiture of excess of int. Forfeiture of entire interest. Forfeiture of excess of int. Forfeiture of entire interest. *Except m cases defined by Statutes of the State. In an action for a balance due upon a mutual, open and current account, where there have been reciprocal demands between the 624: KATES OF INTEREST. parties, the cause of action (as a general rule) accrues from the time of the last item proved in the account, on either side. No acknowledgment or promise will be sufficient evidence of a new or continuing contract, to take the cause out of the operation of the statute of limitations, unless the same be in writing and signed by the party to be charged thereby, is also the rule of law in most of the States and Territories. CHAPTER XXIII. liAWS OF THE TEKRITOitlES, PERTAINIlJrG TO RIGHTS OF MARRIED WOMEN, DEEDS, WILLS AND MECHANICS' LIENS. Arizona. Deeds must be acknowledpjed, proved, or certified to in the manner as specified in Law of Deeds in Dakota. The wife must be examined separate, apart from, and without the hearing of lier husband, and must acknowledge tliat the act is free and voluntary, and without fear or compulsion or undue influence of her hus- band, and that she does not wish to retract the execution of the same. Kight of dower and courtesy are abolished. Rights of Married Women. — All property of the wife owned by her before mai-riage, and that acquired afterward by gift, be- quest, devise, or descent, shall be her separate property. The husband shall have the management and control of the separate property of the wife, but no sale or alienation thereof can be made, nor can it be encumbered, unless by an instrument in writing, signed by both husband and wife and acknowledged by her upon an examination separate and apart from her husband, before a justice of the supreme court, probate judge, or notary public, or if executed out of the Territory, before some judge of a court of record or before a commissioner appointed under the authority of this Territory to take acknowledgment of deeds. But the act of January 23, 1871, provides that "married women of the age of twenty -one years and upward shall have the sole and exclusive control of their separate property, and may convey and transfer lands or any estate or interest therein, vested in and held by them in their own right, and without being joined by the hus- band in such conveyance, as fully and perfectly as they might do if unmarried." The separate property of the wife is not liable for her husband's debts although it is liable for her own debts. Married women may become sole traders and carry on business in their own names. They may sue and be sued concerning their separate property as though unmarried. Marriage contracts may be recorded in the office of the county recorder, and such record imports constructive notice of their contents. An inventory of the separate property of the wife acknowledged or proved in the manner required by law for the acknowledgment or proof of con- veyances of real estate, and recorded in the office of the county 40 (625) 626 DEEDS, LIENS, recorder wherein the parties reside, and the filing of such inven- tory in the recorder's oiiice, shall be notice of the title of the wife. Lien Law. — Artisans, builders, mechanics, lumber merchants, and all others performing labor or I'urnisliing material for the con- struction or repair of any building, wharf, or other superstructure, have a lien upon the interest therein of the party for whom the labor is done or material furnished, to secure the payment therefor; and any mechanic or artisan wlio shall make, alter, or repair any article of personal property at the request of the owner, or legal possesser thereof, has a lien thereon to secure his just charges, and may hold possession of the property until paid. The statute Di'ovides in detail the mode of procedure to enforce these liens. Dakota. Deeds must be in writing, duly signed by the maker, and re- corded with the registry of deeds of the county in which the real property aftected thereby is situate. The pi'oof or acknowledgment may oe made at any place within this Territory, before a justice, clerk of the supreme court, or notary public, or may be made in the judicial district, county, subdivision, or city for which the officer "was elected or appointed, before either a judge or clerk of a court of record, a mayor of a city, a register of deeds, or a justice of the peace. if without the Territory but within the United States, and within the jurisdiction of the officer, before either a justice, judge, or clerk of any court of record of the United States, or of any State or Territory; a notary public, or any other officer of the State or Territory where the acknowledgment is made, authorized by its laws to take such proof or acknowledgment, or by a com- missioner appointed for the purpose by the Governor of this Ter- ritory, pursuant to the Political Code. Without the United States, before either a minister, commis- sioner, or charge (Taffaivs of the United States, resident and accredited in the country where the proof or acknowledgment is made; a consul, vice-consul, or consular agent of the United States resident in the country where the proof or acknowledgment is made; a judge of a court of record of the countiy where such proof or acknowledgment is made, or a notary public of such country. Rights of Married Women. — A married woman may own, in her own right, real and personal property acquired by descent, gift, or purchase, and manage, sell, convey, and devise the same to the same extent as if she were unmarried. She may make contracts, incur liabilities, may buy and sell goods, give notes and other ob- ligations, and sue and be sued, as if unmarried. Either husband or wife may enter into any engagement or transaction with the other, or with any other person, respecting property which either MARRIED WOMEN. 627 might enter into if unmarried. Real and personal property may be held jointly or in common by hnsband and wife; neither hus- band nor wife, as such, is answerable for the acts of the other. The earnings of the wife are not liable for the debts of the hus- band. The earnings and accumulations of the wife and her minor children living witli her or in her custody, wliile she is living separate from her husband, are the separate property of the wife. The husband or his separate property is not liable for the debts of the wife contracted before the marriage. The separate property of the wife is not liable for the d^bts of her husband, but is liable for her own debts contracted before or after marriage, although such property is not liable for debts contracted for the support of herself, her children, or the family, as her husband's agent. She may dispose of her separate estate by will. Mechanics' Liens. — No person is entitled to a mechanic's lien who takes collateral security on the same contract. Every mechanic or other person who shall do any labor upon, or furnisb any materials, machinery, or fixtures for any building, erection, or other improvements upon land, including those engaged in the construction or repair of any work of internal improvement, by virtue of any contract with the owner, his agent, trustee, con- tractor, or sub-contractor, u])on complying with the provisions of this chapter, shall have, for his labor done, or materials, ma- chinery, or fixtures furnished, a lien upon such building, erection or improvement, and upon the land belonging to such owner, on which the same is situated, to secure the payment of such labor done, or materials, machinery, or fixtures furnished. Idaho. Deeds must be in writing, signed and sealed (a scroll will answer), — witnesses are not required, — and duly acknowl- edged or proved and certified to. Acknowledgments, same as in Dakota. A husband and wife may. by their joint deed, convey the real estate of the wife. The wife must be examined apart fi-om, and without the hearing of her husband, and must acknowl- edge that the act is free and voluntary, and without fear or compulsion, or undue influence of her husband, and that she does not wish to retract the execution of the same. No rights of cour- tesy or dower allowed. Rights of Married Women. — All property, both real and per- sonal, of the wife before marriage, and that acquired afterward, by gift, bequest, devise, or descent, is her separate property, and all the husband's his separate property. All other property acquired after marriage is common property. The wife must make, sign, acknowledge, and have recorded a complete inventory of her separate property in the oftice of the recorder of the county where the property is situated. The husband has the manage- ment and control of the wife's separate property during marriage, 628 DEEDS, LIENS, but cannot alienate nor create a lien or encumbrance on the same, except bj instrument signed and acknowledged by botli husband and wife. The district court may on application of wife appoint trustee to take charge of and manage her separate property, if husband mismanages or commits waste. The husband has entire management and control of common property and his own sep- arate property, and the rents and profits of all the separate prop- erty of both husband and wife is deemed common property, unless expressly provided in the instrument of devise to the con- trary. Upon dissolution of the community by death, half of the common property goes to survivor and half to descendants, if there are any; if not, all to the survivor. Upon dissolution by decree of court, the common property must be equally divided, unless the decree is granted upon the ground of adultery or extreme cruelty, when the division of the same is left to the discretion of the court granting the decree. The separate property of the husband is not liable for the debts of the wife contracted before marriage, but the separate property of the wife is liable for all such debts. She may by contract make herself liable so as to charge her separate estate. She may dispose of her separate property by will. Mechanics' and Artisans' Liens. — Any person performing labor or furnishing material to the amount of twenty-five dollars for the construction or repairing of any building or other superstructure, has a lieu on the same for the labor done or material furnished. Any person performing labor or furnishing materials for the improve- ment or development of any quartz lode, claim, or mine, or upon any building lot in any city or town, or upon the street in front of the same, has a lien thereon; as also upon any bridge, ditch, flume, or aqueduct to create hydraulic power for mining puposes. Any artisan or mechanic who may alter or repair any article of personal property has a lien thereon, and may hold and retain the possession of tlie same until his reasonable and just charges are paid, and if they are not paid within two months after the work is done, he may sell the same at public auction by giving three weeks' noticeof sale by advertisement. A party to avail himself of the benefits of his lien, must file with the county recorder, within sixty days after the completion of the building, a verified account of the demands due him, together with a description of the property charged with the lien. If the party be a sub-con- tractor, journeyman, or person other than the contractor, the ac- count must be filed within thirty days after the work was done or materials furnished, and within five days thereafter he must serve a copy on the owner of tlic pwperty or his agent. The lien ex- pires after six montlis, unless a credit be given or suit brought to enforce the same; and continues in force two years from the time the work was completed, and no longer. A lien is allowed upon an express contract in vyriting. MARRIED WOMEN. 629 Montana Deeds. — Every conveyance in writing of, or affecting real prop- erty, must be acknowledged or proved and certified same as in Da- kota. The wife must be examined and made acquainted with the contents of said instrument, separate, apart from, and without the hearing of her husband, that she executed the same freely and voluntarily, without fear or compulsion, or undue influence of her husband, and that she does not wish to retract the execution of same. The law of dower is virtually abolished. Rights of Married Women. —The property of a married woman owned before marriage, and any acquired after marriage by gift, grant, devise, descent, or otherwise, and the use, increase, and profit thereof, is exempt from debts or liabilities of husband, ex- cept for necessaries for the benefit of herself and children under eighteen years of age. But snch property so claimed must be set forth m a list to be recorded with the register of deeds in the county where she resides. By an act of February 4, 1874, a mar- ried woman may become a sole trader by making, acknowledging and recording with county recorder of deeds her intention so to do, and setting forth the nature of the business she intends to transact. If the amount by her invested in business exceeds ten thousand dollars, the declaration must contain a statement, under oath, that the surplus above ten thousand dollars did not come from any funds belonging to her husband. Such married woman is respon- sible for the maintenance of her children. The husband is not liable for any debts contracted in the course of business done by his wife, except by special consent in writing. The law of dower is virtually repealed by the Probate Act, wliich gives to surviving husband or wife one half in fee if there are no children; if there .are children, then one third in fee. Probate Practice Act, 1877. In the Probate Practice Act, February 16, 1877, §550, it is provi- ded that upon the death of the wife the entire community property belongs to husband without administration, except such por- tion as has been set apart by judicial decree for her support. _ This she may dispose of by will, and it goes to her heirs exclusive of her h-usband. Section 551 of same act provides, that upon the death of the husband one half of the community property goes to the surviving wife, and the other half is subject to the husband's testamentarv disposition. Mechanics' Liens. — Mechanics, laborers, and all others who contribute to the construction, repairing, or improving of any kind of property, have a lien thereon for their demand. If the claim- ant is an original contractor, he must file his account, with a de- scription of the property upon which the lien is claimed, with the county recorder of the " county wherein the property is situate, within ninety days from the date of the last item. If a sub-con- tractor, he must file a copy of his settlement with the contractor, in the county recorder's office, with description of property, etc., within thirty days of the date from last item. The sub-contractor 630 DEEDS, LIENS, should, prior to doing tlie work or furnislimg the articles, or at that time, notify the proprietor or liis agent of his intentions, and the probable value of the work to be done or materials furnished. All liens filed within thirty days after tiling the first lien are en- titled to share alike. Those tiled after thirty days and within sixty days are of the second class, and share alike after those of the tirst class are satisfied. Suit must be commenced within one year from date of filing, or lien is lost, and in case of sub-contractors, within ninety days. New Mexico. Deeds must be in writing, sealed (a scroll is a seal), and duly proved or acknowledijed, and duly recorded in the county where the real estate is situate. Acknowledgments may be made, as in Dakota. A married woman may convey her real estate by a con- veyance executed by herself and her husband, and the acknowl- edgment made by her must show that she was personally known to the ofiicer taking the same, or her identity proven by at least two reliable witnesses, and that she was informed of the contents of the conveyance, and that she confessed on an examination inde- pendent of, separate and apart from her husband, that she exe- cuted such conve3'^ance voluntarily and without compulsion or the illicit influence of her husband. The husband must join, and the acknowledgment be in the form given, otherwise no title passes even as against herself. The examination of the wife separate, apart, and independent of her husband is necessary, but she need only join with her husband when the property is her own, or when she has an interest therein in her own right independent of her husband. TliGHTs OF Married Women. — Married women are the sole own- ers of the property they inherit or bring into the marriage commun- ity, but can convey their real estate only by joining in a deed with their husbands. The husband has the control and management of his wife's property, and the proceeds become their joint pi:operty. The wife has no dower whatever, except her private property, which is the first deduction from an estate, and has precedence over all other creditors as an implied privileged mortgage. After paying off' all the debts, the remainder of the property is divided equally between the husband's estate and his wife, this being called the "acquest property," and under the laws belongs to the two, the relation of husband and wife to eacli other, with reference to property, being almost identical with that of equal partners. After giving to the wife one half aforesaid, the remainder is di- vided by giving to the wife one fourth thereof, first deducting suf- ficient to pay off any legacies. The wife becomes heir to all the acquest ])roperty if the husband dies without issue. A wife's sep- arate proj)erty is not liable for debts contracted by her as agent for her husband for the support of herself and children, nor for the expenses of the family in any case. AIAEKIED WOMEN. 63t Mechanics' and Other Liens. — A person who performs work, or furnishes materials for the erection or repair of an}^ buikling, has a lien upon such building and the land upon which the same is situate, for the value of such work or material, provided he shall file in the office of the county clerk within sixty days after the work is done or material furnished, a just and true account of the amount due him, verified' by oath of himself or some other person, with a true description of the property to be charged with such lien. Suit to enforce such lien must be commenced within one year from the time the payment should have been made or be- comes due, otherwise the lien is discharged. Artisans and me- chanics have a lien on articles made or repaired by them for the amount due for the work. Landlords have a lien on the property of their tenants in the premises rented for rent due. Inn- keepers have a lien on the baggage and other property of their guests which may be upon the premises, for the amount due for board or lodging. Utah. Deeds must be written, signed, sealed (a scroll is sufficient), and attested by one creditable witness, and acknowledged or proved. A deed must be recorded in the recorder's office of the proper county. Acknowledgment in the Territory or other States and countries as in Dakota. A married woman may convey her real estate as if a feinme-sole. Dower is abolished. RiCxiiTS OF Mai^ried Women. — All property owned by either the husband or wife before marriage, and that acquired afterward by gift, bequest, devise, descent, is the separate property of each, and may be held, managed, controlled, transferred, and disposed of without limitation or restriction by reason of coverture. And either may sue or be sued at law. Mechanics' Lien. — Any person who performs any labor upon, or furnishes materials for the construction or repairs of any build- ing or other improvement, may have a lien therefor on such build- ing or improvement, and on the right of possession of the ground on which the same is situate, by filing in the recorder's office at any time within three months after the labor performed or ma- terial is furnished, or after the completion of such building or im- provement, a notice of intention to hold such lien, stating amount and description of the property. Lien expires after one year from the completion of the building, etc., unless suit be brought. But if the amount be not due before such year expires, then suit may be brought within three months after it becomes due. This lien has precedence of all other liens after the commencement of the building, except taxes. Any sub-contractor, journeyman, or laborer thereon may give notice in writing to the owner, stating the amount due from the contractor, and hold such owner liable to the extent of what he owes the contractor at the_ time of notice, and recover the same by action commenced within one vear from date of notice. Miner's Liex. — Any person performing work on, or furnishing 632 DEEDS, LIENS, materials for any mine, under contract with owner of interest therein, may have a lien on such mine or such owner's interest at time of making such contract, to be enforced as prescribed in the mechanic's lien law. Washington. Deeds must be in writing, signed and sealed (a scrawl is a seal) by the maker thereof, witnessed by two witnesses. Acknowledg- ments may be made as in Dakota, both in the Territory, other States or foreign countries. A married woman shall not be bound by any deed affecting her jeal estate or releasing dower, unless she is joined in the conveyance by her husband, and shall, upon examination by the officer taking the acknowledgment, separate and apart from her husband, acknowledge that she executed the deed of her own free will, and without fear of or coercion by her husband. Tlie officer must certify that he has made known to her the contents of the deed. Dower and tenancy by the courtesy are abolished. Rights of Married Women. — A married woman may sue and be sued without j(jining her husband, when the action concerns her separate property, or her right or claim to the homestead prop- erty, when she is living separate and apart from her husband, or when the action is between herself and her husband. If a hus- band and wife be sued together she may defend for her own right, and for his also if he neglects to do so. All property, both real and personal, owned by the wife before marri^ige, and that ac- quired after by gift, devise, or descent, is her separate property. l*roperty thus acquired by the husband constitutes his separate property. All property acquired during marriage, except by gift, devise, or descent, constitutes their common property. The hus- band has the management and control of the separate property of the wife during marriage, but cannot sell or convey such property or any interest therein without she joins in the conveyance and acknowledges as in deeds to land. If the wife has just cause to apprehend that her husband will waste or mismanage her estate, she m:iy, by application to the district court, obtain the appoint- ment of a trustee. The separate property of the wife is liable to be seized upon execution, and sold to pay the debts of the hus band, unless she shall have signed, acknowledged and hied and re- corded in the office of the auditor of the county where the land is situated an inventory thereof. This does not apply to money in specie, unconverted. The separate property of the wife, when recorded as aforesaid, is not liable for debts contracted by her for the support of herself and family. Mechanics' Liens. — Every person performing labor upon saw- logs, spars, timber, or lumber, has a lien thereon for his wages, and the owner of land upon which he permits others to cut tim- ber has alien for the value thereof upon the manufactured timber. A person claiming the beneht of such lien must tile a notice of lien for record in the office of the county auditor within sixty days MA.RRIED WOMEN. 633 from the time the lien accrued, and commence proceedings to en- force the lien within four months thereafter. Every building, to- gether with the interest of the owner in the land on which it is erected, wharf, bridge, railway, or other work of internal improve- ment, shall be liable for the payment of any labor performed, or materials furnished in its construction or repairs. In cases of in- solvency, wages of laborers, servants, mechanics, and others to the amount of one hundred dollars each, and all moneys earned therein within sixty days previously, are preferred claims. A farm laborer engaged in tilling the soil and raising crops has a lien on the crops for'tlie payment of his wages, except that where the land is culti- vated by a tenant for a share of the crop, the landlord's share shall not be liable to the lien. Tiie lien must be filed and enforced as in other cases. Wyoming. Deeds must be made in writing under seal (a scrawl is sufficient), attested by two witnesses, acknowledged before some person au- thorized by law to take acknowledgments of deeds, as in Dakota Territory. They must be recorded in the office of the register of deeds of the county where the lands lie, within three months of the date of such instrument. A married woman may by deed or mortgage convey her real estate in like manner as she might do if she were a femtne-soJe. Rights of Married Women. — The rights of a married woman in this Territory are very nearly the same as those of an unmar- ried woman, as respects her property, both real and personal. She may make a will, sue and be sued, make contracts, carry on trade or business, retain lier own earnings, and hold property, real or personal, with the rents and profits of the same, in her own name, free from the control or interference of her husband, the same as though she were sole and unmarried; and her property is exempt from execution or attachment for the debts of her husband. She has also all the rights of an elector, and may hold office and vote at all elections in the same manner as other electors. She may not, however, be appointed administratrix or hold that trust after mar- riage. Dower and tenancy by the courtesy are abolished in this Territory, and in lieu thereof the statute of distribution gives to the surviving husband or wife the entire estate of the deceased, real and personal, afterpayment of debts, provided the same does not exceed the sum of ten thousand dollars. Mechanics' Liens. — Mechanics and material-men have a lien for labor and materials employed or used in the erection or repair on buildings. The claim therefor must be made out and filed in sixty days from the time the work is finished or the last item of material furnished, and proceedings to forclose the lien must commence in one year. Any ]:)erson performing any work in the making or re- pair of any article of personal property has a lien on the same for his charges. CHAPTER XXIV. RELATING TO FRAUDULENT CONVEYANCES AND CONTRACTS, AGENCY, ETC. The following are general rules of law, and in most States and Territories are statutory laws, and called the " Statute of Frauds." 1. Every conveyance of any estate, or interest in lands, and the rents and profits of lands, and every charge upon lands or upon the rents and profits thereof, made or created with the intent to defraud prior or subsequent purchasers for a valuable considera- tion, of the same lands, rents or profits, is void, as against such purchasers. 2. No such conveyance or charge shall be deemed fraudulent in favor of a^^subsequent purchaser who shall have legal notice thereof at the time of his purchase, unless it shall appear that the grantee in such conveyance, or person to be benefitted by such charge, was privy to the fraud intended. 3. Every conveyance or charge of or upon any estate or interest in lands containing any provision for the revocation, determina- tion or alteration of such estate or interest, or any part thereof, at the will of the grantor, shall be void as against subsequent pur- chasers from said grantor for a valuable consideration, of any estate or interest so liable to be revoked or determined, although the same be not directly revoked, determined or altered by such grantor, by virtue of the power reserved or expressed in such prior conveyance or charge. 4. Where a power to revoke a conveyance of lands or the rents and profits thereof, and to reconvey the same, shall be given to any person other than the grantor in such conveyance, and such person shall convey the same land, rents or profits to a purchaser for a valuable consideration, such conveyance is valid and conveys the title to such purchaser, notwithstanding such nower of revoca- tion. 5. No estate or interest in lands, otlier than of leases for a term not exceeding one year, nor any trust or power over or concern- (034) CONVEYANCES. 635 ing lands, or in any manner relating thereto, shall be created, granted, assigned, surrendered or declared, unless by act or opera- tion of law, or by deed or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering or declaring the same, or by his lawful agent authorized thereunto by an instru- ment in writing. 6. Every contract for the leasing for a longer period than one year, or for the sale of any landsj or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof expressing the consideration, be in writing, and be subscribed by the party by whom the lease or sale is to be made, or by the agent of such party legally authorized thereto. 7. All deeds of gift, all conveyances and all assignments, verbal or written, of goods, chattels or things in action, made in trust for the use of the person making the same, are void against the exist- ing or subsequent creditors of such person. 8. In the following cases every agreement is void unless the agreement, or some note or memorandum of the agreement is, in writing, expressing the consideration therefor, which agreement or note or memorandum must be signed by the party charged therewith : First. Every agreement that by its terms is not to be performed within one year from the making thereof ; Second. Every special promise to answer for the debt, default or miscarriage of another ; Third. Every agreement, promise or undertaking made upon consideration of marriage, except mutual promises to marry. 9. Every contract for the sale of any goods, chattels or things in action, for the price of two hundred dollars or over, is void, unless — First. A note or memorandum of such contract be made in writing and signed by the parties to be charged therewith; or, Second. Unless the buyer shall accept or receive part of such goods; or, Third. Unless the buyer shall at the time pay some part of the purchase money. 10. Whenever goods are sold at auction, and the auctioneer shall, at the time of sale, enter in a sale book a memorandum, specifying tlie nature and price of the property sold, the terms of the sale, the name of the purchaser, and the name of the person on whose account the sale is made, such memorandum is deemed 636 AGENCY AND ATTORNEY. ill law a valid note of the contract, and the sale is binding upon the parties thereto, as if made and signed by them. 11. Every sale made by a vender of goods and chattels in his possession and under his control, and every assignment of goods and chattels, unless the same be accompanied by an immediate delivery, and be followed by an actual and continued change of possession of the things sold or assigned, is conclusive evidence of fraud as against the vender or the creditors of the person making such assignment, or subsequent purchasers in good faith. (In those States and Territories, however, where chattel mort- gages are provided for by statute, a strict compliance with the statute in the mortgaging of personal property would avoid the last foregoing rule.) 12. Any instrument required by law to be subscribed by any party may be subscribed by the agent of such party when legally authorized so to do. AGENCY AND ATTORNEY. An agent is a person employed by another to perform certain acts for him, and such acts in law are the acts of the principal. One who is disqualified to act on his own account may be an agent for another who is competent; thus, infants, married women, and aliens may act as agents for others. A principal is responsible for the acts of an agent, when he has given full authority to represent and act for him. When he has by his words and acts, or both, caused or permitted the person with whom the agent deals to believe him to be clothed with full authority, even though such be not the case. Agencies are of two kinds, general and special. A general agent is one authorized to represent his principal in all his business, or all his business of a particular kind; the principal is bound ,by his acts, even though he exceed his authority, provided the agent does not go beyond the general scope of the business. If, how- ever, the agent transcends his actual authority, and the party with whom the general agent deals is aware that the agent is exceed- ing his power, the principal is not bound by the acts of his agent. A special agent is one authorized to do only a specific thing, or a few specified things; the principal is not bound by his acts should he exceed the authority vested in him, because the party dealing with such agent must inquire for himself, and at his own peril, into the extent and limits of the authority of such agent. AGENCY AND ATTORNEY. 637 Authority may be given to an agent either in writing, under or without a seal, or orally; if given in writing, this instrument is called a powei' of attorney. A power of attorney intended to be used in a foreign country should be acknowledged before a notary public, and the signature of the notary certified by the consul of the Government to which the power of attorney is to be sent. When intended to be used in another State they should be duly proved or acknowledged, according to the laws of the State where they are executed. A principal is bound by the acts of a general agent, even after a revocation of his agency, if such revocation is unknown to the party dealing with the agent. An agent should conform with great strictness and accuracy to his authority, otherwise his prin- cipal will not be bound; and he may be held personally liable. An agent cannot be held personally liable if he transcends his authority if the party with whom he deals knew at the time that he did so. If an agent intrusted with goods sell the same without author- ity, the principal may affirm the sale and collect from the pur- chaser, or he may disaffirm the sale and recover the goods from the buyei*. An agent cannot exceed or depart from his instructions without making himself liable to his principal for the consequences. An agent cannot appoint a sub-agent or attorney unless ex- « pressly authorized to do so by his principal. An agent is bound to use all that care and skill that a reasonable man would use in his own business, and is bound to the utmost good faith. For any breach of duty an agent is responsible for the whole injury thereby sustained by the principal. If an agent embezzles his principal's property, the principal may reclaim it whenever or wherever it can be distinctly traced or identified. An agent employed to sell property cannot buy it himself, nor if employed to purchase can he buy from himself. The agent should keep an exact account of his doings, espe- cially of all pecuniary transactions. Insanity revokes authority, though if the principal was sane when the authority was given his agent and a third party deals with the agent in the belief of his authority, such revocation will not be permitted to take efiect to the injury of the third party. CHAPTER XXV. THE LAW OF TEMPERANCE AND INTEMPERANCE. It is a law of fanaticism to see but one side of a question and to deny every right to them who see the opposite side; and it gen- erally results in destroying, or, at least, in defeating, by excess of zeal, the very object which it advocates. It is a law of temperance to place a due restraint upon human appetites and passions, and to guard men from the allurements of vice in every form; and, when properly exercised, it results in elevating, ennobling, and conferring honor upon them who practice it. It is a law of in- temperance to weaken and often to destroy the intellects and bodies of them who indulge in it; and it generally results in degrading them to a level of existence which would disgrace the lowest of the brate creation ; while it instigates more crimes and produces more sorrow and degradation in the human family, than all the other vices indulged in by men. The law of temperance and intemperance can be best shown by a statement of facts. In the early days of California, the author of this work knew two sprightly boys, " one of whom was named Geo. E. , and the other Geo. C. -, both of whom arrived in that State about the same time. Geo. E. ,in his childhood and early youth, had had excellent advantages. He was of fine personal appearance, and at fifteen years of age gave promise of becoming a man of great worth and usefulness in the State. His early ad- vantages had been far superior to those of Geo. C. . He went to Park's Bar, on the Yuba River, where lie hired out to wait on a table at a miner's boarding-house at $50 per month. The miners often invited him to "take a drink," which he at first refused; but being assured that "a glass of wine wouldn't hurt him," he at length took wine when asked to drink, and finally arrived at such a state that he drank brandy, gin, and whisky, "like a man;" and, not to appear mean, he often asked the miners to "take a drink " witli him. His afternoons, from two o'clock until five, were (638) INTEMPERANCE. 639 his own; and he sometimes went down to the Yuba and "creviced" among the rocks along its banks. One day he found a rich crevice, full of gold, from which he took out about $7,500 of that shining metal. He "lugged" his newly found wealth to the boarding house, and at once treated "all hands;" and that night he was put to bed maudlin druiik. With so much money, he determined that he would wait on a table no longer, but would "be a gentle- man." He therefore went to Marysville, Sacramento, and San Francisco, where he spent his means in drinking and debauchery, until he was without either money or friends. In the spring of 1858, Geo. E. presented himself in Oroville, at the office door of the writer, and asked, "Will you give me four bits to buy me something to eat? I have not had a mouthful for two days." "Why George, is this you?" I answered. "N'o, George, I will give you no money, for you would spend it for whisky, but I will take you down to Johnny Mitchell's restaurant, and give you a square meal," which I did. I hardly knew the boy. He had grown to the full stature of a man, but was bloated with drink until almost all of his former manly beauty and intelligence had departed from him. Before I left him, he promised me to "sober up" and drink no more; but a few weeks after, he again staggered into my office, and, reeling to a chair, asked me for " four bits," again telling me that he had been without food for two days. " Ko, George," I answered, "I will not trust you with a dime in money, for you promised me that you would drink no more, and here you are agoAn di^nh. But I will not let you suffer with hunger, and will take you to a restaurant and give vou a meal." To make him promise again I saw was folly. Soon after this, the great fire of July 5, 1858, which burned all the business portion of Oroville, occurred; and as my office was burned with the rest, I took another on Huntoon street, facing the Plaza, and immediately in front of tlie court-house. Just south of my new office was a large vacant lot, near the center of which was a mass of old rubbish, which a number of full-grown swine with litters of half-grown pigs had appropriated for their nest. One morning as I was going to my office, in passing the vacant lot, I saw an object which I thought was a man, stretched out in the center of the nest, around which the hogs were rooting; and on approaching it, I found my suspicions were true. I tried to turn the man over, but he was cold and stiff*, and' almost without life, and I could not. I saw who it was, however, and I went over 640 TEMPEKAl^rCE AND to the sheriff's office and asked Mr. Fhini, the sheriff, to get some men and go over with me and bring George E. Bates to the jailer^s room, as George was in the last agonies of death. The men were soon summoned; but before we could reach the spot, George was dead. So died, a bloated, drunken, rotten and offensive sot, and was buried, unmourned, in the Potter's field, a young man at nineteen years of age, who, only four years before that time, was as beauti- ful and promising a youth as ever trod the generous soil of the Golden State. His first drink had led him to this death. It might be thought that so disgusting an example would have proved a warning to others who saw him there, and would have restrained them from using intoxicating drinks; but three of those who wit- nessed him in his degraded death, though they were then and afterward, high in official position, one a deputy county clerk, and another a brilliant judge of the district court, have filled drunk- ard's graves. Only four years since, I followed the last one in sorrow to his grave, for I was his friend. The facts above given occurred in early times, but to-day California is justly characterized by as great sobriety as most Atlantic States; and San Francisco has as few saloons, in proportion to her population, as Chicago or St. Louis, and others of the great Eastern cities. The other George went at once to Oroville, and hired out to work at $45 per month. He boarded himself, and from his wages he saved $30 a month. When invited to " take a drink" he said, "No, I promised my mother that I would not drink, and 1 will never break my promise to her." He had come to California as a sailor boy, "before the mast." Soon his wages were advanced to $65 per month, and out of this he saved $45 a month regularly. After he had labored and saved a year or two, a friend, who had observed his sterling worth, desiring to sell the Bid well's Bar Bridge, offered it to George for much less than its value, and George bought it ; but he continued zealously to labor in his posi- tion, as porter and deliverer of goods, in Hedly & Knight's store. The fire of 1858, above spoken of, swept the store and stock of goods away; but the firm attempted to rally, and obtained another stock of goods "on time." When the day of payment came, the firm could not meet their obligations, and they proposed to George, to whom they were considerably indebted, that if he would sell his interest in the bridge, and make arrangements with their cred- itors, relieving tlie firm from their obligations, they would turn the stock over to him, and step out of business themselves. He INTEMPERANCE. 6J:1 did SO, and was eminentlj successful. He soon became the wealthiest and most influential man in his county. He was chosen a State Senator from his county, by an overwhelming majority. He became one of the largest steamship owners in his State. He has just closed an honorable and upright term of four years as Governor of his State, and every Califowiian, who may glance at the little picture of his career which I have attempted to give above, will tell you with an honest pride that his name is Geokge C. Perkins.* George E. Bates once stood as fair and promising as he, but the first glass, which paved the way for many others, led him to dis- gusting rottenness, and the Potter's field. The necessary conclusion of law from the foregoing facts is, that temperance, honesty and industry reward their votaries with honors; but intemperance and indolence bring their adherents to dishonored graves. It is also a rtde of law that "voluntary drunk- enness never excuses, but rather aggravates, a crime " committed under its influence; yet if the drunken condition of the criminal were brought about by the act of the person who suffered from the criminal act, it may then, in some measure, mitigate the offense. Says an eminent authority, respecting dipsomania: "The drunk- ard ninety-nine times in a hundred is as much responsible for what he does when he is drunk as the man is who kills another through anger. The so-called dipsomaniac gets drunk because he wants to; he likes the effect of whisky. He may have any one of a dozen reasons for it — poverty, disappointment, toothache, family diffi- culties, idleness — but none of them should excuse him if under the influence of liquor he commits a crime. Like the victims of opium, the habit is often carried to an extent that a sudden cessation of stimulants is almost certain death No, dipsomania is a senti- mental humbug, and a social fiction of the scientific parlor fireworks of medical men of the advanced school — men like Dr. Beard, and the epigrammatic, if not deep. Dr. Spitzka. " It is often said that "drunkenness is insanity," but if so, it is insanity induced by the voluntary act of him who becomes drunk; and in this connection the writer desires to add, that in his opinion there should be a law in every State and Territory that when in- * The Governor may not thank me for parading his name before the public in suoh a connection ; but his has been an example worthy of imitation by all the young men in the land ; and how can his industry, sobriety and integrity be emulated unless they be known ? 41 642 TAE LAW OF HABIT. sanity is interposed as a plea in defense, in any criminal action where murder is charged in the indictment, and when such plea is found by the jury to be true, the defendant in such case should be incarcerated in the asylum for the insane, for life, and without power of pardon, reprieve or discharge, in any person or authority whatever. Such a statute, if strictly enforced, would, in the writer's opinion, rapidly diminish both the frequency of the plea and the commission of great crimes. THE LAW OF HABIT. "I trust everything under God," said Lord Brougham, "to habit, upon which, in all ages, the law-giver, as well as the school- master, has mainly placed his reliance. Habit makes everything easy, and casts all difficulties upon the deviation from a wonted course. Make sobriety a habit, and intemperance will be hateful; make prudence a habit, and reckless profligacy will be avoided. Give a child the habit of sacredly regarding the truth, of carefully respecting the property of others, of scrupulously abstaining from all acts of improvidence which can involve him in distress, and he will just as likely think of rushing into an element in which he cannot breathe, as of lying, cheating, or.stealing." SUGGESTIONS TO YOUNG ADVOCATES. The following hints to young advocates are offered with feelings of great delicacy, and not with the belief that they do not know just what to do, nor the best way of doing what should be done ; but it sometimes happens that the experience and observation of older men may be beneficial to those who are not always cool and self-possessed when they try their first cases at the bar, and to such the suggestions are offered; and the author hopes that he may have credit for good intentions in making the suggestions, even if they prove of but little practical value. Be sure that you have a common-stense view ot your subject, and be very sure to use your common sense in explaining the subject to the court and jury. Don't take it for granted that the jury are fools. They are wise men, and will judge whether you have com- mon sense and truth on your side, or not. Be careful that they do SUGGESTIONS TO YOUNG ADVOCATES. 64:3 not find you a fool. Thej will decide the question by your skill and common sense, or by your lack of them. Don't bawl at the jury, but reason with them. Understand your case^ thoroughly, and be earnest and logical in presenting it. ]^o sham or pretense will be tolerated in you by the jury. Discover, as soon as you can, who is the clearest thinker on your jury, and talk plain sense to him, for, generally, the rest of the jury will think about as he does. Don"'t try to use too fine talk, for it is business and not fine sentences you are after now, and plain, simple words go to the judgment much swifter than painted ones. Don't commence your argument too soon, and be sure that your evidence will sustain it when you do commence. Show, by your words and your actions, that you believe in the truth of what you say, and in the justice of your side of the case, and the jury will give you full credit for your sincerity. Don't defend your assertions until after they are attacked, or the jury will then think that you don't believe them yourself. Anticipate the argument of your antagonist, when you can do so* successfully, but don't think him a fool, and attempt to state it for him, for he may isduce the jury to believe you tlie " bigger fool of the two." Don't tell the jury "you cannot imagine what defense your op- ponent can make," for they may imagine it, and your learned friend may reveal it, to your sorrow. Don't spend too much labor in fine words and splendid illustrations; you are not on "the stump " now, and the clearer and more concise jow make your speech, the more effective it will prove. Use clear and choice words, which express your exact meaning, and when you have done this, the fewer further words you use the better. In opening your speech, use facts only, and let illustra- tions wait on time. Before you hegin, have your facts carefully arranged in stri^ct and natural order, and stick to such order in your speech. Don't talk about matters which have nothing, or very little, to do with the case; yet every fact upon which a fair argument can be based, however trivial it may appear, you should present with good address to the jury. If a fact must he plain to the jury^ be careful not to dwell on it too long, for the jury may infer that you think they are fools and then they will, in revenge, think you one. Be sure to impress the jury, by your manner, with the belief 644 SUGGESTIONS ABOUT "WITNESSES. that you are honest and manly, and that yon have faith in their judgment and discernment, even if your own be wrong; for then they will be likely to do your side of your case justice, even if you have failed to do it justice yourself, hut don?t you dare to flatter the jury. J^ever resort to a trick; your influence and respecta- bility will go with the trick. Both will be short-lived. Don't try to imitate some one else; be yourself, and talk and act like an honest man. Therefore, be one. Let your address to the jury be moderate, both in manner and tone ; and at the same time forcible, and with a full, clear voice, for soft speaking denotes weakness to the jury as hawling and yelling denotes " a hulhf to them. You had better practice speaking at home or out in the woods awhile before attempting to address a jury; and when you prac- tice privately, be sure to listen to your own voice, and see that it fully expresses your meaning. Don't talk too fast. Speak your words distinctly and fully, and let them go. Don't hang on to them as if you hated to part with them. They are coins for others' use, and let them come out as fresh and clean as coins from the mint. Don't pretend to feel what you donH feel. I told you before that the jury are not fools, and they can see your hypocrisy as clearly as yourself. When you are through your speech sit down; don't go over it again. The jury have heard all you have said — if you said it right. Sit down. Suggestions About Witnesses. Some young attorneys know better how to examine witnesses than anybody else; and the following suggestions are not for them, but for tliose who do not know everything about witnesses. Don't take it for granted that your own witness is a liar; nor that he is totally ignorant of any of the facts of your case; if you do, you may lind yourself badly mistaken. Let your witness tell his story in his own way; you can embellish it when you go to the jury. Don't interrupt your witness unless he travels into irrelevant matter. Ask him only such questions as are necessary to your case; and ])ut them in the simplest and most common-place form; CBOSS-EX A MINATION. 645 as, " What took place then ? " etc. Never ask your own witness questions which he can answer by " yes " or " no," or in other words leading questions Be careful not to confuse your own witness, and when he has answered a question don't ask him if he "is quite sure" or " perfectly sure " of that. He may not be, and if 3'our witness " goes back on you " you will be in a bad con- dition. Let your opponent find out if he is sure. Be sure that every question you ask your witness is intelligible and relevant to the case, and put it in such a form that the witness will see its rele- vancy to the case; and, when he has answered the question, let it go and make the best of it. Put your questions in the natural order of time as the facts occurred. Don't ask him to repeat what he said before; the jury heard him if you didn't. Never cross-examine your own witness; your opponent will attend to that, to your complete satisfaction. Have a knowledge of the facts of your case as far as you can, beforehand, and examine your witnesses from your memory of or belief in the facts. Don't ask your questions too rapidly, yet don't take an hour to ask a question. Keep all irrelevant matter out of the case if you can; you only want facts which have a bearing on the case . Don't forget, however, that ' ' trifles may turn the case," and that verdicts of juries are sometimes little less than miracles. Never seem to distrust your own witness, unless he has lied to you beforehand, but examine him boldly and con- fidantly (not like "a bully "), and never regret losing a case which your own witnesses will not support. Cross-Examination. In cross-examining a witness you stand on dangerous ground, for one mistake on your part may be fatal to your case, and both you and your client may suffer from it. You will, therefore, be wise to approach the witness carefully and adroitly until you learn whether he is a partisan witness or not, and you will ask a ques- tion here, and a question there, until you draw out the truth. It is much more difficult to cross-examine a witness loell than to ex- amine one in chief; for in one case it may not have been allow- able under the rules of evidence to bring out all the facts in favor of the other side, and you may bring them out by an injudicious cross-examination, to your great harm and your opponent's benefit; therefore, if the witness be a great talker, be careful not to urge 64r6 RESPECTING WITNESSES/ him on to your own and your client's injury, and ''drop Mra" gently, as soon as you discover his character to the jury. You should learn to read character as good readers read books. Keep a good temper at all times, and never "bandy words" with a witness. Study the motives of the witness and his bias, and if that be against you, or your client, let the jury discover it; but don't get angry, or the jury will give you credit for great weakness. Never ask a question when the answer may be against you; and never ask a question unless you have a good reason for it. If you get a favorable answer, remember the answer, but do not repeat the question; the answer, if repeated, may be modified to your injury. Always seem to be in earnest, but make tiie cross-examination as short as possible, for the shortest is generally the best. Respecting Witnesses. These are of various kinds; truthful, lying, talkative, stubborn, hesitating, nervous, cunning, hypocritical, positive, stupid, expert, bullying, swift, slow, and female, all of whom can^ in civil cases^ demand their fees when subpoenaed as witnesses, and if not paid, they can remain away from the court- room with impunity; but if their fees were paid when demanded they had better be in attend- ance at the court on time, or they will be liable to be punished by the court for contempt in disobeying its order. If they did not demand the fee when subpoenaed, they must appear in court as re- quired by tlie subpoena, or suffer the penalty. The truthful witness will tell the truth, on cross as well as di- rect examination, and the jury will believe him. Let the lying witness go ahead, and urge him to the full scope of his imagination. The jury won't believe him. The talkative, smart witness you must demolish; you must not argue with him; crush him at once; he is too smart to live. The stupid witness is not as wise as he seems. Lead him out, and the jury will find him " an idiot." The hesitating witness balances between the truth and a lie, and don't know which way to go. Try to lead him to the truth. The nervous witness is generally afraid, and needs encourage- ment. Be careful and gentle with him, and you may possibly, get the whole trutli from him. The cunning witness must be liandled cunningly. He knows he KESPECTING WITNESSES. 647 is cunning, and glances at the jury with every answer he makes. Bring him out adroitly, and the jury will find him to be a " con- temptible iellow." The hypocritical witness has a face longer than a Puritan's. Stick to him; don't be afraid. Pile in your questions, sensible, careful, and earnest ones, and before he knows it every juror will want to kick him ; but being in court they will restrain their con- tempt. Be watchful of the witness who mixes truth and falsehood; make him cross himself, and in summoning up show his falsehoods up clearly. The positive witness will soon tell different stories, if carefully handled. This witness is generally a female. The expert is almost too wise to be in this world. You need not, however, be afraid of his spectacles, nor be awed by his su- perior manners, or his pretended knowledge. Be ready to meet him on his own lofly ground of art, mystery, and scientific lore; and when you are through with him, the jury will have less respect for his opinions than they may have had before he went on the stand. In fact, most of them may think him " a conceited fool." A great many witnesses "don't recollect," because they won't. It is difficult to get the truth out of these. The bullying witness may be against you; if so, treat him with rigid, cold politeness, and impress upon him that he is in a court of justice. He is afraid of the court, but not of you, and his dread of the majesty of the law may awe him into submission, and he may then tell the truth and respect you for showing your- self a high-minded and honorable man. The swift witness will swear for his friend right through, whether for or against you. He is dangerous, but less dangerous against than for you, if you lead him on to extremes. You donH loant to call him yourself, but if your opponent called him, make him your friend, and he will soon destroy all he testified to against you. Female witnesses are much like male, but they generally are more positive. What they know, they know they know, and there is little use in your trying to dispute them while they are on the stand; only draw them out and show their bias. To dispute them there would be very undignified and impolitic in you; wait till you go to the jury. Never call a swift female witness for your own side if you can well avoid it; manage to get the other side to call her if you can, and if one be called against you, be careful, polite. 648 HOW TO ADDRESS skillful and discrete, and her evidence will ])i'obably result in your favor. Never re-examine a witness unless it be a necessity, nor upon a point which he has already answered, but bear in mind that "it is better to let well enough alone" than to run the risk of being destroyed by your adversary. If, however, the cross- examination has weakened the evidence of your witness at a point which you are confident can be made impregnable by a re-exami- nation, then go aliead, and make your blows tell; for you must recollect that you are in a constant encounter of wit and knowledge from the time you enter the case until the jury is charged by the court, and often for years after, and it is your duty to your client and to yourself, to watch every turn of the case, every rule of the court, and every answer of the witnesses, and to turn every possi- ble matter to your own advantage; for if you are an honorable attorney, you will feel that it is yourself^ Tnuch 'more than your clienfs interest^ that is on trial before the court and jury. How to Address the Court and Jury. There are some young attorneys who know how to address the court and jury better than any one can tell them. They know it intuitively, and time spent by them in study, labor, and reflection upon the subject would be "time lost." Demosthenes and Cicero were fools compared with them, for both the Athenian and the Roman orator were compelled to think, and to study, and to prac- tice, before the}^ entranced their hearers; but these were horn orators; their mouths were wide open when they came into the world. They open their rosebud lips and words flow from them like water from the bottom tap of a full hogshead. They com- mence with a loud voice and in a high key, and run regularly down to a fine, small voice and a low key; for the form of a horn is one of their ideas of the beautiful, and they make their voices conform to it. Again, they put their voices through all the grace- ful motions of a see-saw^ and then 'they spread their words out very thin, until they become like webs of gossamer, floating in the air. They accompany their words with remarkable gestures. They beat the surrounding air in every direction, as if they were driving mosquitoes from too close j^roximity. Tiiey contort themselves into all sliapes, and splash around as wildly as if, wliilo bathing in the sea, the}' were frightening tlic sharks from around tliom. They say brilliant tilings, and look around cunningly to the audience, as if to ask, " Don't you wish you could be as smart as I am?" THE COURT AXD JURY. 649 The J know they are smart. They are "most too smart." It is a wonder the gods did not take them when they were young, but they were left to astonish the court and the people, and they do it. Sometimes they read at the clear and ringing words of the law, but the words are unintelligible to ordinary mortals, and all who hear them wish the gods had taken them at an early day. They remind one of those preachers who read beautifully worded hymns, and even the Bible itself, as if they thought, "This is all bosh! These words mean nothing, and I'll mumble along through them as fast as I can, and let the words and meaning, if there be any, take care of themselves. It is all form anyway." I like good preachers., but I hate all poar public readers. They have no right to read poorly. They should express with their voices the fxdl and exact meaning of the words they use., or they should not read in pid)liG at all. They have no right to set vile examples to others^ even in reading " the Word." I don't wonder there are so many infidels, when there are so many bungling and incompetent read- ers and advocates in the pulpit. Bungling preachers and readers drif^e men to infidelity. When you read, don't confine your eyes to th.Q word your voice is pronouncing^ hut let them glance along and taJce in the full scope of the sentence; and then be sure that your voice expresses the full and exact meaning of the sentence. Read aloud in your room often, and he sure that you read cor- rectly there., even if you have to read . the same sentence over a dozen times — yes, twenty times, if necessary — till you read it right. Correct pronunciation, accent, emphasis, inflections, and stress of voice on the right words, are what convey the true mean- ing of sentences. Let your voice be smooth, and clear and well modulated; your tone earnest, full, and distinct, like pure music; and your manners sensible, graceful, and manly, whether you be reading or speaking. It is not to the class ot precocious young attorneys above alluded to, that any of these suggestions are made; but rather to those young gentlemen who do not know everything intuitively., and who would like to profit by the observations of one who lias seen courts, attorneys, and jurors, in very many of the States and Ter- ritories of the Union. To the latter young gentlemen, I desire to make the following further suggestions. In making your speech, you must endeavoi-, by reason, sound argument and the law on your side, to secure the attention and interest of the judge. The first is easily done, unless you disgust him by your folly ; for he is 650 HOW TO ADDEESS always watching you and listening to what you say; but clear common sense, a sound argument, and the law on your side, stated clecu'ly^ will alone enlist him on 3"our side and make him lean a little in your favor. You must be careful, too, that there are no loop-holes in your argument, for, if you do leave any, the court will see them, and your adversary will find tJtem^ and will endeavor to tear the whole net-work in pieces. If you have the closing words, and they be sensible, it will be a point in your favor. The last speech is often valuable. Never despise your adversary. I once saw three " ISTestors of the bar," immediately after they had made eloquent speeches, thrown headlong " out of court ''% 10 JUDICIAL POWER, where vested 16 jurisdiction of. 17 not to extend to certain cases 23, 38 MIGRATION of persons 13 MONEY not to be drawn but according to law 13 NEW STATES, admission to Union 18 not to be erected within the jurisdiction of another 18 not to be formed by junction of two or more States without consent of Legislatures and Congress 18 NO bill of attainder or ex post facto law to be passed 13 unequal direct tax 13 tax on exports from one State to another 13 preference to be given to ports or to States — • 13 search wan-ant to be issued except 21 title of nobility to be granted, or present received from foreign power 14 State to make treaty, lay duty, or engage in war in what cases 14 ORDERS, resolutions, etc., when treated as bills 12 POWERS of each House. 10, H of Congi'ess enumerated 18, 13 of States limited 14 and duties of President IS CONSTrrUTION OF THE UNITED STATES. 659 PAGE. POWERS not delegated to U. S. by Constitution, nor prohibited by it to States, are retained by tlie people 23 PEOPLE to be secure in persons, houses, papers and effects, against unrea- sonable search 21 PEOPLE, no search warrant to be issued against any one of, except on oath describing, etc 21 PERSONS not to be held for capital offense or infamous crime except on information or indictment by grand jury 21 'nA)t to be placed iil jeopardy twice for the same offense. 22 not to be required to testify against themselves 22 not to be deprived of life, liberty, or property, except by due process of law 22 accused, to enjoy the right to a speedy and public trial, by an impartial jury ; to be informed of the nature of the accusation, and to be con- fronted with the witnesses against them 22 accused, to have compulsory process for witnesses in their favor, and counsel for their defense » 22 accused, not to be required to give excessive bail, nor to have excessive fines imposed against them 22 charged with crime in one State, if found in another, to be delivered up on requisition of the Gov. of the«State where the felony was committed 18 legally held to service in one State and fleeing to another, to be delivered up, on claim of the party to whom such service is due 18 PREAMBLE to Constitution of U. S 8 PRESIDENT, who may be * 15 who may be Vice 15, 23 how long to hold office 14 and Vice-President, how elected .14, 15, 23 in case of inability to act 15 oath or affirmation of 15, 16 compensation of, how provided , * 15 powers and duties of 16 PRIVATE PROPERTY, not to be taken for public use, without just com- pensation 22 PUBLIC DEBT OF TJ. S. not to be questioned 25 QUORUM, in Congress, what constitutes 10 REPRESENTATIVES, House of, how composed 9 how apportioned 9, 23 number of vacancy, how filled 9 choose speaker 9 House of, have sole power of impeachment 9 compensation of 9 cannot hold certain offices when 9 cannot be arrested when 11 RIGHT of trial by jury reserved, on over $20 22 to a speedy and public trial by an impartial jury, elc. [See Persons above] 22 of citizens to vote, not to be denied or abridged on account of color or previous condition of servitude 25 RIGHTS enumerated in the Constitution not to be construed to deny or impair other rights retained by the people 22 660 INDEX TO CONSTITtrriON OF THE UNITED STATES. PASE. SENATE, how composed 9 presiding officer of, who shall be 10 to try impeachments 10 when President is tried, who presides 10 must keep journal of proceedings, 11 SENATORS, how chosen 9 who may be ^ 10 compensation of. 10 cannot hold certain offices while such 11 cannot be arrested when 11 STATES must give full faith to public acts, records, and judicial proceed- ings of other States 1''' NEW [See new States above] TAXES, direct, how apportioned 9 TREASON against U. S. defined 17 how persons may be convicted of 17 Congress to declare punishment for ■ • • 17 UNITED STATES to guarantee to every State a republican form of govern- ment; to protect each from invasion ; and on application of Legisla- ture or Executive, from domestic violence 18 nor any State to assume payment of debt incurred by insurrection or rebellion against them 25 vacancies in representation from any State, how filled 9 INDEX TO FORMS. PAGE. ABANDONMENT of homestead 451 ACCOUNT, filed as a complaint 247 complaints on 247, 248 stated, complaint on 299 ACTIONS. [See Complaints.] for divorce and findings in 4158, 469 ACKNOWLEDGMENT of vender of military bounty land warrant 237 of assignee of military bounty land warrant 237 of assignment on separate paper 238 of assignment by administrator 238 of assignment by executor 239 of assignment by heirs at law 240 of assignment by guardian 240 of articles of incorporation 261 by notary 316 statutory in California 452 by a corporation 452 by a married wo mn 452 by attorney in fact „ 453 of certificate of partnership 342 ADDITIONAL homestead application 224 homestead aflidavit 224 soldier's homestead application 225 ADJOINING FARM, homestead aflidavit. [See Affidavit.] ADMINISTRATOR, petitions of 238, 496, 497, 498, 499 AFFIDAVIT of |500 improvement on mining claim 97 of citizenship 99 of labor done on mine, Colorado, 120 of labor done on mine, Dakota 136 for obtaining title to coal land 15(5 non-mineral 104 on purchase of coal land I59 on application for United States public land pre-emption 212 of homestead claimant of public land 216 of final homestead of public land 218 of commuted homestead claimant 222 of adjoining homestead claimant 222 of additional homestead application , 224 of final adjoining claimant 223 of final pre-emption homestead 223 (661) 662 INDEX TO FOEMS. PAGE. AFFIDAVIT, soldier's additional homestead 326 timber-culture application 228 desert land declaration 230 for writ of attachment 250 of service of instrument 313 of minor for citizenship 445 to prove intention 446 proof of residence 446 for examining debtor after execution 481 on knowledge and belief S52 soldier's homestead 226 soldier's additional homestead 227 Indian and coiToborating 227, 228 AGREEMENT of publisher 96 of partnership 267 of removal of partnership 268 landlord to tenant 827 tenant to landlord, 328 general form of. 343 for sale and delivery of personal property , 343 building contract 344 builder's contract 503 to sell land . . 345 till land on shares 347 for sale of trees, vines, etc 347 to sink shaft or well 347 ALLEGIANCE, oath of 446 ALLOWANCE, to family ; petition for 497 AMENDMENT, of specification by inventor 402 AMERICAN money. [See Table.] ANSWER to complainant on account stated , . 299 APPLICATION to purchase coal land affidavit 156 cash, for public land , 2IO for homestead 216 for additional homestead 324 for soldier's homestead 325 for patent on mining claim 92 APPLICATION for patent. [See Petitions.] soldier's homestead 225 soldier's additional homestead 227 timber culture 238 desert land declaration , 229 of individual for trade-mark 409 of corporation for trade-mark 410 to lay out roads 505, 506 APOTHECARIES WEIGHT. [See Table.] ARREST, warrant of justice of the peace 463 warrant of coroner 303 warrant of, indorsement on 463 INDEX TO FORMS. 663 PAGB. ARTICLES OF INCORPORA.TION 201,477 of partnership. 307 ASSAYER'S WEIGHT. [See Table.] ASSIGNMENT of military bounty land warrant 236 of military bounty land warrant, by administrator 238 of military bounty land warrant, by executor 239 of military bounty land warrant, by heirs-at-law 239 of military bounty land warrant, by guardian 240 of any instrument 349, 507 formal, of lease 507 formal, of mortgage 349, 507 of dower 548 by debtor for benefit of creditors 350, 509 of debt, formal 508 of mortgage, as security • 349 ASSIGNMENT of an invention 403 of letters patent 404 ATTACHMENT, affidavit for in justice's court 250 undertaking for writ of 251 justification of sureties on 351 writ of, in justice's court 353 writ of, in court of record 375 sberiflf's or constable's notice of. 495 ATTORNEY, generalpower of 479 special power of. 478 power of to sell mine •• 503 power to locate military bounty land warrant 271 power to sell militaiy bounty land warrant 271 power to apply for mining patent 100 power to apply after failure of application 401 power revocation of. 401 ATTORNEYS letters to debtors 651, 653 BILL for divorce 468 of costs •• 493 of sale, common 339 of sale of goods 353 of sale of horse with warranty 340 of exchange and bank checks 358, 359 of exchange, bond against double payment 473 BOND, general form of 471 of indemnity 47~- BOND, of indemnity against double payment of lost instrument 473 of executors 474 justification of sureties 454, 458, 473 for deed of mining property 501 bottomry '^'^^ accompanying petition in insolvency BUILDER'S CONTRACT 344, 503 BY-LAWS of literary association 47 664: INDEX TO FORMS. PAGE. CALIFORNIA, official oath in. . . . 460 CASH, application for public land 210 receipt for public land 210 certificate for public land 210 CASH-BOOK, single entry • 417 CERTIFICATE, of posting notice on mine claim 96 of no suit pending 99 cash for public land 210 final, soldier's homestead 227 desert land 231 sheriff's sale of real-estate 483 sheriffs sale on foreclosure 483 coroner's, of death 303 of citizenship , 447 of record of judgment 454 of clerk, to official character and signature 241, 458 of approval of bond 459 of partnership 342 of justice to judgment 464 CERTIFICATES OF MARRIAGE 492 CHATTEL MORTGAGE, with power to sell 325 CODICIL, to a will 449 COINAGE. [See Table.] COMPLAINT, on account, filed as a 247 on account , 248 for merchandise sold and delivered 271 verified by book-keeper 272 vs. makers and indorser of note 273 verification, by attorney 274 on account for goods sold 248,211, 286 on promissory note vs. maker 278 on foreclosure of mortgage 279 in ejectment 280 on claim of personal property, replevin 281 affidavit accompanying last above 282 of payee of bill vs. acceptor 283 for conversion of personal property 284 on notes with divers payments 284 for trespass with petition for injunction 287 for trespass on mining claim with like petitioner 289 for forcible entry and detainer 291 for foreclosure of mechanic's lien 292 verification of same 294 for holding over after rent due 295, 296 on account stated 298 answer to, on account stated 299 against overseer of roads 505 to commissioners of roads 505 demuiTers to civil. , 300 INDEX TO FOKMS. 665 FAOE. COMPLAINTS, CRIMINAL, larceny 460 for assault and battery 461 charging larceny 461 charging burglary • 463 assault to commit murder 462 charging murder 462 charging embezzle against officer 462 charging larceny of cattle 461 charging petit larceny ^ 461 charging grand larceny 461 CONSTABLE'S notice of attachment 495 notice of sale — 256 CONSTITUTION of literary association 45 COMMITMENT, for examination 463 to answer 463 after judgment 465 COMPOSITION with creditors 475 CORONER'S certificate of death 302 subpcEna ^02 summons to juror 302 warrant of arrest 303 CORPORATION, petition in insolvency 585 CRIMINAL COMPLAINTS. [See Complaints.] Dx\.Y-BOOKS, single entiy 416 DECLARATION, of intention to become citizen 445 of homestead 450 DECLARATORY STATEMENT, for coal lands 157 for pre-emptions 211 DECREE, of foreclosure of mortgage 455 of divorce ^"^^ DEBTOR, order of court to, for examination 482 DEED, quit-claim 315 by California code 316 warranty • 316 of trust as security 317 of trust, common 320 mining = 321 DEMAND, of possession of leased property 329 DEMANDS, release of all 501 DEMURRER to complaints 300 DEPOSITION, desert land, final proof 232 of witnesses 232 DESERT LAND, declaration , 229 affidavit 230 DESERT LAND, certificate 231 final proof, deposition of applicant • • • 232 final proof, witnesses 232 register and receiver, final receipt 232 DESIGN, petition for patent of. 396 DISCLAIMER, after issue of patent 402 during interference '*03 666 INDEX TO FORMS. PAGE DISSOLUTION, notices of, by partnership 269, 370 DIVORCE, bill for 468 findings in 469 decree of 470 DOCKET, minutes of justice of the peace 247, 254, 466 DOWER, assignment of 548 release of. 548 DUE BILLS, divers forms 338 ENGLISH MONEY. [See Table.] liquid measure 431 dry measure , . 431 miscellaneous weights, etc 433 EXECUTION, justice's court : 255, 357 justice's court for fees 256, 358 justice's court in Colorado 259 court of record 493 EXTENSION, measures of. [See Table.] FINAL, affidavit of adjoining homestead claimant 323 receipt, homestead 221 certificate soldier's homestead 327 FINDINGS, in action for divorce 469 FRENCH money. [See Table.] weights and measures. [See Table.] GOLD AND SILVER, value compared. [See Table.] HABEAS CORPUS, petition for writ of..^ 467 verification of writ 467 HERSCHEL'S WEATHER TABLE 433 HOMESTEAD, declaration of 450 abandonment of 451 application for, on public lands 216 affidavit for, on public lands 216 receiver's receipt for 217 notice of intent to make final proof 217 proof of publication of notice 217 proof of publication of consolidated 318 proof of affidavit 218 proof of testimony of claimant 219 proof of testimony of witness 220 receiver's final receipt 231 receiver's final certificate 221 commuted affidavit 223 adjoining farm affidavit 332 final affidavit 223 pre-emption final affidavit 233 additional affidavit 324 soldier's declaration and application for 225 soldier's affidavit 226 soldier's final certificate 237 Indian affidavit . 337 Indian corroborative afficlavit 2'28 petition to court to set apart 496 INDEX TO FOKMS. 667 PAGE. mcORPORATION, articles of. 261, 477 INDICTMENT, assault with intent to kill 484 form under code 'iSS assault and battery 485 murder 488, 489 INDORSEMENT of service on warrant 463 INDEMNITY, bond to officer 472 to payer of lost instrument • 473 INJUNCTION, petition for 287, 289 order for 289 undertaking for '. 457 INTEREST, rule for computing on note when divers payments were made. . 335 table of rates in all States ^23 JUSTICE'S COURT, complaints in 247, 248, 291, 295, 296, 298 summons 249, 254, 255, 257 affidavit for writ of attachment 250 writ of attachment 250, 253 execution 255-258 execution for fees. 255-258 execution in Colorado - 259 judgment in civil case 254 judgment in criminal 464 judgment, fine and imprisonment. 464 JUSTIFICATION of sureties 254, 458, 473 JUDGMENT by default 254, 453 by court without jury.. 454 of fine and imprisonment 464 on verdict of jury - 455 JUROR, summons to , 254, 257, 303 JOINT AND SEVERAL note 337 KEEPING BOOKS of account divers ,,.,.. 416 LABELS AND PRINTS, petition to register 409, 410 LAWS OP STATES limiting actions 623 LEDGER by single entry • 417 LEASE, common 326 assignment of. 439, 507 of furniture and other personal property 329 of furniture, etc., with privilege of purchase 330 agreement, landlord to tenant. 327 agreement, tenant to landlord • • 328 LETTERS from attorney to debtors 651, 653 LETTER, sending money and ordering goods 339 LICENSE, shop right to patent 406 of patent with royalty 406 LIEN of mechanic as laborer 300 mechanic's, as contractor 309 mechanic's, as materialman 311 miner's, for labor 304 LITERARY ASSOCIATION, constitution 45 by-laws 47 LIMITATION of actions, State laws 623 ^^S INDEX TO FOKMS. FAGS. LONG MEASURE, [See Table, Extension.] MARRIAGES, divers forms of ceremony 491, 493 certificates of. 492 MINING DEED 321 property, power to sell 503 MEASURES of capacity, weight, etc. [See Table.] MEDICAL, divisona of gallon. [See Table.] MILITARY bounty land warrants. [See Acknowledgments, Assignments and Warrants.] MORTGAGE, short form 323 long form 323 chattel 335 decree of foreclosure on 455 MINOR, affidavit for citizenship 445 MINUTE DOCKET of justice of the peace 466 MISCELLANEOUS weights, etc. of U. S. [See Table.] MONEY of U. S., England and France. [See Table.] . NOTARY, forms of protest by 357, 480 best form given 480 notice of protest 481 NOTICE, divers, of locating mining claim 91, 106, 107 of locating a spring . 107 of locating water right 108, 109 to delinquent co-owner in mine 109 of making final pre-emption proof 317 for publication of pre-emption proof 217 for publication of pre-emption consolidated 218 certificate of posting 318 of dissolution of partnership 3G9, 370 of raising rent 328 of non-payment to indorser 357 of protest of bill of exchange 481 of sheriff and constable of attachment. 495 NON-MINERAL affidavit 104 NOTE PROMISSORY, not negotiable 336 negotiable by indorsement 336 negotiable without indorsement 336 - bearing interest after maturity 337 bearing interest from date 337 NOTES PROMISSORY in Pennsylvania, New Jersey and Missouri 337 payable at particular place 337 joint and several 337 bond against double payment of 473 OATH, of allegiance to U. 8 446 official in California 460 official in Nevada 459 by sole inventor 398 by sole inventor as to patenting ab'd 398 by sole inventor for re-issue of patent 399 by assignee for re-issue of patent 399 INDEX TO FORMS. 669: PAGE. OATH supplemental for enlarged claim 400 as to loss of patent 400 as to loss of patent by administrator.. . c 401 ORDER of court for debtor to appear 482 of commissioners to lay out road 505 for money ^^ for suit of clothes ° ^^ for cattle ^^^ PAPER. [See Table.] PARTNERSHIP, articles of • 267 renewal of -^"^ notices of dissolution of 269, 270 PETITION for writ of habeas corpus 467 verification of above 467 for letters of administration 496 to set apart homestead ^^^ for family allowance 497 for support of family 498 for sale of personal property • • 498 for distribution of estate 499 for appointment of guardian 500 to lay outnew road 505, 506 to change line of road 505 for sole trader 552 verification of above 552 by debtor in insolvency 581 by corporation '^°*' authority to file 584 bond accompanying above 586 by creditors of insolvent 584 verification of ^^^ to Governor for pardon of convict 3o3 for appointment of policeman 354 to Postmaster-General for new post-oflace, etc 354 by sole inventor of patent 387 by joint inventors of patent • • • 388 by inventor and assignee 388 with power of attorney 388 by an administrator ■ • • ^^^ by an executor '^-^ for re-issue of patent by inventor 389 for re-issue of patent by assignee -^^^ for a caveat ^^^ for a design ^^^ for renewal of application • • • 390 POWER OF ATTORNEY to apply for mining patent 100 to sell, and locate military bounty land warrant 241 after application for patent filed •. '*01 revocation of 670 INDEX TO FORMS. PAQB. POWER OP ATTORNEY, special 478 general = 479 to sell mining property • • 502 PROMISSORY NOTES. [See Notes Promissory.] PROOF of posting notice and diagram 94 that plat and diagram remained posted 95 of publication of notice 97 of ownership when records are lost 98 that no known veins exist 105 of labor done on mine in Colorado 120 of labor done on mine in Dakota 136 of |500 expended on claim 97 of pre-emption , 212 PROTEST of bill of execution or note 357, 480 notice of 481 PRE-EMPTION, proof by claimant 312 proof by witness 214 PRINTS AND LABELS. [See Labels.] RECEIPT, of common carrier 541 divers forms of 338, 339, 341, 351 receiver's timber culture 229 receiver's final for desert land. 232 REGISTER'S certificate of posting notice sixty days 96 final receipt for desert land 232 RELEASE of all demands 501 of dower 331 RENEWAL of partnership 268 REQUEST, for survey 92 RULE for computing interest on note with divers payments 335 SHERIFF'S certificate of sale on foreclosure 483 certificate of sale 483 notice of attachment 495 SOLDIER'S homestead application 225 homestead declaration 225 homestead affidavit 226 additional application 226 final certificate 227 SUMMONS, justice's court 249, 254 of juror 255, 257 in court of record 274 of coroner 302 SURETIES, justification of 251, 255, 458, 473 SURVEY, request for 92 SURVEYOR'S measure. [See Table.] SPECIFICATION, for an art or process 391 amendment of by inventor 402 INDEX TO FORMS. 671 PAGE. SPECIFICATION for a machine , 393 for composition of matter 395 for a design 396 for a caveat 397 STATEMENT and charge of fees 97 STATE laws limiting actions 623 TIMBER AND STONE lands, sworn statement 233 TIMBER and stone lands 233 TIMBER CULTURE, application, certificate and affidavit.. 228 TABLE of American money 418 of parliamentary rules. 41 of State laws limiting actions 6?2 of State laws regulating interest 223 of English money 424 of French money 424 of liquid and dry measure 419 of beer measure 419 of measure of length 421 of measure of surface 421 of surveyor's measure 421 of Gunther's chain 421 of measure of time 421 of measure of angles (circles) 422 of avoirdupois weight 419 of avoirdupois English long weight 420 of Troy weight 419 of assayer's weight 424 of apothecaries weight 425 of diamond weight 424 of waste in coinage 423 of mint values 422 of mint regulations 423 of medical divisions of gallon 425 of State weights of bushel. 426 of U. S. standard per bushel 427 of U. S. miscellaneous weights 427 of book measure 426 of units 426 of paper measure 420 of iron and lead, English 427 Herschel's weather. , 433 of French measure of extension 429 of French measure of land 429 of French measure of surfaces 429 of French measure of solids 430 of French measure of capacity 430 of equivalents in U. S. measure 430 of French measure of weight 431 of equivalents in U. S. weight 431 of English liquid measure ■• • • 431 672 INDEX TO FORMS. PAGE. TABLE of English dry measure 431 of English particular weights. . .• 433 of English measure of extension 432 of miscellaneous weights 433 of differences in time from Denver , 434 of limitations of actions in all States 622 of interest and usury in all States 633 TRADE MARK, petition by cerporation 410 petition by individual 409 UNDERTAKING for writ of attachment 251 to prevent levy of attachment 253 for release of attachment 254 for injunction 457 VERDICT, judgment on in open court 300 of coroner's jury, murder 301 of coroner's jury, suicide 301 of coroner's jury, accidental death 301 VERIFICATION. See complaints and 248, 271 by book-keeper 373 by attorney 274 of petition §52 of insolvent's petition 586 WARRANT of arrest by magistrate 463 of arrest by coroner 303 indorsement of sei'vice on 463 military bounty. [See Assignments.] WEIGHTS AND MEASURES. [See Table.] WILL, short form of 448 of Senator Geo. F. Baker 450 codicil to a 449 WRIT of attachment. [See Attachment.] summoning jurors, justice of the peace 2S4, 257 summoning jurors, coroner 803 of restitution in New Mexico ... 259 GENERAL INDEX. ABANDONMENT of homestead. [See Forms.] ABSTRACTS of State, Territorial and Dominion laws relating to wills, in- solvency and assignments, alphabetically arranged 566-581 of requisites of deeds in above 608-620 of rights of married women in same 552-5G3 of exemptions from attachment and execution in 588-607 ACCOUNTS, open, mutual and current 623, 624 books of, illustrated 413-418 uled as complaints. [See Forms.] ACKNOWLEDGMENTS. [See Forms.] general rule of, by husband and wife 621 ACT, mining, not applied to certain States 57, 58 ADAMS, JOHN, second President 35, 26 ADAMS, JOHN QUINCY, sixth President 28 ADVERSE CLAIM, proceedings on 51, 72, 75 ADMINISTRATOR, who may be 546 [For petitions of, see Forms.] AFFIDAVIT, before whom made ■. , 55 what is an 352 [For forms of, see Forms.] AGREEMENTS, what are = 343 requisites of 343, 361 laws relating to 360, 361, 634^636 [For forms of, see Forms.] object of forms given 349 must be recorded when. 345 how courts will construe 345 should be drawn how 360 consideration necessary for 360, 361 erasures and interlineations in 360 measure of damages for breach of 360, 361 when certain expire 361 effect of fraud in 3G0 may be inartistic yet valid 360 can not be rescinded except when 360 in pencil valid, but dangerous 360 each party to should have copy of. 360 when void 361 43 (673) 674 GENERAL INDEX. PAGE. AGREEMENTS, signatures to 413 term of, should be stated 413 seals to 413 fraudulent ' 634, 636 AGENCY and attorney 636, 637 ANSWERS, see Forms and 271 ARTHUR, CHESTER A., twenty-flrst President 34 ARIZONA, mining laws 112, 113 deeds, married women, and liens 625 exemptions. [See Abstracts.] ARREST by private person 489 warrant of. [See Forms.] ARTICLES OF INCORPORATION. [See Forms.] of partnership. [See Forms.] ASSAULT, definition of 484 indictment for 485 complaint for. [See Forms.] ASSAYER'S WEIGHT. [See Forms.] ASSIGNMENT, what is an ' 544 when void 544 may be made for what purpose 544 effect of certain reservations in 544 what should be done with certain 544 when held as fraudulent' 544 [For forms of, see Forms.] ATTACHMENT, what is an 588 not valid when )88 how levied on property 588 [For forms of affidavit and writ, see Forms.] [For exemptions from in all States, etc., see Abstracts.] AVOIRDUPOIS WEIGHT, history of 420 [See Forms.] ATTORNEYS, young, suggestions to 642-649 ATTORNEY. [For power of, see Forms.] BUCHANAN, JAMES, fifteenth President 31 BANK CHECK, should be presented when 357 when a fraud 337 holder entitled to face of 357 BILL OF EXCHANGE, what is a 355 laws relating to 356, 357 name of parties to 356 protest of 356 effect of alterations in 357 [For protesting, see Forms.] [For bond against double payment, see Forms.] how made payable •. 356 how accepted 356 GENERAL INDEX.- 675 PAGE. BILL OF EXCHANGE.effect of acceptance 35(5 when drawn at sight 356 must be presented when 356 acceptance by drawee when 356 if acceptance refused, what 356 days of grace on, where 356 at sight, when payable ^ 356 if not paid, what 35^ surety for on note, what 356 or note made by one out of the State 357 must be presented where 357 For form of, see Forms, also 357 BOOK-KEEPING, legal objects explained 413 methods of, used 413 method given 413 why law and illustrations are given 416, 417 BOOKS of account, when legal evidence 413 required for single entry 413 BOOK MEASURE > 426 BOND.whatisa 543 given to effect fraud 543 names of parties to 543 penal sum in 544 [For forms of, see Forms.] BOUNTY LAWS, synopsis of. 533 BUILDER'S CONTRACT, see Forms, also 503 BURGLARY, definition of 480 for charging in complaint 463 CASH BOOK, should contain what 415 CALIFORNIA, water rights, miner's inch, etc 113 [For official oath see Forms.] CERTIFICATES. [See Forms and Public Lands.] CONTRACTS and conveyances, fraudulent • -634, 636 [See Agreements.] COLORADO, mining laws 117-133 affidavit of labor done 1~*^ taxes on mines. 124 penal provisions in certain cases 125-12 7 drainage of mines in 12 1 -129 laws concerning ores • 1~" water rights and miner's inch 131 mining claims, real estate 132 CONFUCIUS' RULE 1 CONTRACTS. [See Agreements. ] CONSTITUTION OF THE UNITED STATES 8-25 literary society ^5, 46 676 GENERAL INDEX. PAGE. COAL LA.ND, law and regulations 153, 160 who may locate and how much 153 how to locate, and obtain patent 153, 153 affidavits of party asking patent 156, 157, 159 declaratoiy statement for 157 CODICIL to a will, see Forms, also , 449 CONVEYANCES and contracts, fraudulent 634, 636 [See Forms.] COPYRIGHTS, how secured 410, 413 CORPORATIONS and co-partnerships 260-370 how formed 43, 47, 360, 361, 476 [For forms, see Forms.] CO-PARTNERSHIPS, laws relating to 363, 267 what are 283 termination of „ 265 liquidation of 266 articles and dissolution of. [See Forms.] CORONER'S verdicts, warrants, etc 301, 803 COMPLAINTS, what are 271 manner of charging certain offenses in 277, 461, 463 manner of charging causes 376 277 [For forms, see Forms.] COMMERCIAL and business regulations and forms 333, 361 laws and definitions 333-335 rule for computing interest on notes , 335, 336 COMPARATIVE VALUES of gold and silver 425 COMPOSITION WITH CREDITORS 475 [For forms of, see Forms.] COMMITMENTS. [See Forms.] COMMON CARRIERS defined 535 must provide what 535 names of persons and things relating to. 535 of freight, diligence required 535 where must deliver freight , 535 freight liable to for its carriage 536, 539 consignee liable for when 53g what they must carry 53(j may give preference when 536 of persons must provide what 536 when passengers refuse to pay 536 have lien on baggage of passenger vrlien 536 of messages by telegraph 536 of messages, must send when , 536 of telegrams, must follow what order '. 537 of telegrams, when liable for damages 537 liable for acts of willful negligence 537 liable, for what, when and how held 537 liable for their agents and employes 538 must receive what, and when 538 GENERAL INDEX. 677 PAOB. COMMON CARRIERS, when liable and when not 538 when liable for loses by storage 539 when notices will exempt from liability 5'39 carrying without notice 539 not delivering, must show what 539 power of, over goods carried 540 losses by water, how shared 540 may demand freight or passage when .... 540 waiver of demanding pay 540 special notices in New York and Ohio 540 must carry passengers how 540 must provide what conveyance 541 rash and careless conductors ^ 541 receipt , ^41 laws required concerning 541 CARRIERS, PRIVATE must exercise what diligence 541 CARRIERS, COMMON. [See Common Carriers.] private, warehousemen, wharfingers, etc 540 CORPORATIONS, how formed 476 [For forms, see Forms.] CHATTEL MORTGAGE, in Nevada 326 [For forms, see Forms.] DAY-BOOK, should be commenced how 414 should contain what 414 how to determine who is debtor or creditor 414 how to correct errors in and why 414 [For forms of, see Forms.] DAKOTA, mining laws 1^3, 137 mining claims, how located ^^4 affidavits of labor done 1^^ deeds, married women and liens 636 DECLARATORY STATEMENT for coal land 157 [For homestead and pre-emption of public lands, see Form^.] DEED, what is a ^^'^ must have a consideration for 314 fee simple, warranty, quit claim, trust 314 mortsage, a conditional 314 requisites of a "^^"^ must be recorded *''-"* requirements of in all States, etc. [See Abstracts of Deeds, etc.] [For forms of, see Forms.] abstracts of requisites of, in States, Territories and Dominion of Canada 608, 620 general rules for execution of • 621 general rules for acknowledgment by husband and wife 621 [For acknowledgments, see Forms.] DEMURRERS, what are ^"^^ [For forms of, see Forms.] 678 GENERAL INDEX. FAOX DEMUR, when parties may 299 causes for demurrer 300 DEPOSITION, what is a 352, 359 [For fornas of, see Forms.] DOLLAR, origin of 418 DECLARATION of homestead. [See Forms.] to become a citizen. [See Forms,] DECREE. [See Forms.] DIVORCE, certain causes for 468 bill, findings, decree, etc. [See Forms.] DIAMOND WEIGHT. [See Forms.] DOWER, what is 547 when widow may elect 547 assignment of 547 how relinquished 547 [For assignment of, etc., see Forms.] EJECTMENT. [For complaints in, see Forms.] ENGLISH MONEY. See Forms, also history 424 EXECUTOR should present will to court when 546 requirements for 546 EXEMPTIONS, in all States, etc., from attachment and execution. [See Abstracts of.] EXECUTION, what is an 588 how levied on property 588 [For forms of, see Forms.] EXAMINATION of debtor, affidavit for 481 of debtor, order of court for 482 FILLMORE, MILLARD, thirteenth President 31 FORMING SOCIETIES, corporations, etc 42-47 FINAL claim 49 certificates. [See Forms and Public Lands.] FINDINGS. [See Forms.] FLAGSTAFF mine, supreme court decision 90 FORMS of complaints, writs, etc. [See Forms.] FORM of action, technical* words used in complaint 276, 277 FRAUDULENT CONVEYANCES AND CONTRACTS 634, 636 FRENCH money and measures, see Forms and 424 FOREIGN POSTAGE 439 FORMS. [See Index to Forms.] GOLDEN RULE 1 GRANT, ULYSSES S., eighteenth President 32, 38 GARFIELD, JAMES ABRAM, twentieth President 33, 34 GOOD MANNERS and good company 653, 654 GOLD AND SILVER, standard value of 418 comparative value of 425 GENERAL INDEX. 679 PAGE. HABEA.S CORPUS....- ••• 466,468 persons confined can have writ. [For forms, see Forms.] HARRISON, WM. HENRY, ninth President 29, CO HAYES, RUTHERFORD B., nineteenth President 33 HOMESEADS on mineral lands 5G on public lands. [See Public Lands.] soldiers. [See Public Lands.] declaration of. [See Forms.] HEARINGS to establish character of lands 81-86 HERSCHELL'S WEATHER TABLE 433 HIGHWAYS. See Forms, also 505 HOTEL KEEPERS, rights and liabilities 489, 491 HUSBAND AND WIFE, legal relations of. 549, 551 marriage contract between 549 HUSBAND, head of the family 549 may convey property to wife, how 547 HUSBAND and wife, interest in separate estate 549 can not alter their relations as 550 may agree to separate, how ^ 550 property of wife 550 property of husband 550 separate property of wife, how held 550 separate property of husband 550 wife can not make money contracts 550 earnings of wife 550 separate estate of each not liable for other, when 551 who controls property 551 right of wife to support • • 551 when wife must support husband 551 marriage settlements, requirements of 551 HOMESTEAD, what is and who may have 607 on public land, how gained C07, 608 [On public land, see Public Lands.] on railroad lands 242, 243 [Declaration of, see Forms.] INTEMPERANCE, law of illustrated 633-640 INTRODUCTION 1-3 INDEPENDENCE, Declaration of 3-7 INSTRUCTIONS of Land Commissioner and Secretary of Interior 60-86 IDAHO, mining laws 137, 138 miner's lien in 137 deeds, married women, liens 627, 628 INCORPORATION, articles of. 44, 261, 477 IRON and lead 427 INSOLVENCY. [See Abstracts and Forms.] INTEREST, rates of in all States and Territories 623 680 GENERAL INDEX. PAGE. JEFFERSON, THOMAS, third President 26, 27 JACKSON, ANDREW, seventh President 28, 29 JOHNSON, ANDREW, seventeenth President 33 JUDGMENT. [See Forms.] JUSTIFICATION OF SURETIES. [See Forms.] JUSTINIAN, rule of 1 KEEPING BOOKS, objects explained 413, 415 method illustrated 416, 417 LAW, what is 33 municipal may be defined, how ... 35 statutory, how made 35-47 concerning public lands 170-210 of temperance and intemperance illustrated 638-642 LABOR and improvements on claims 50, 58 done, affidavit in Colorado 120 done, affidavit in Dakota LEASE, what is a 326 must be recorded when 326, 327 LEGISLATURE, how composed 36 LEGAL proceedings exemplified 246-259 LINCOLN, ABRAHAM, sixteenth President 31, 3T LITERARY ASSOCIATION, constitution, etc 45, 46 by-laws of 46 order of business 46 LAND DISTRICTS, President may establish 57 offlcesof 233 LANDS, PUBLIC 161-210 LAND-OFFICE forms. [See Forms,] LANDLORD, who Is a 326 LEDGER, should be kept how 414 when all accounts may be kept in form of 415 LETTERS, from attorney to debtors 651, 652 patent. [See Forms.] LIENS, what are 304 mechanic's, miner's, etc 304, 813 [For forms of, see Forms.] must be recorded and foreclosed 306 in Nevada and California 308, 309 must be filed, when 307, 309 must allege what 307, 308, 314 filed against two buildings 309 LARCENY, definition of 488 [Manner of charging, see Forms.] [Complaint for, see Forms.] LEGAL FORMS. [See Forms.] GENERAL INDEX. 681 PAGE. LONG MEASURE. [See Forms.] LIMITATION OF ACTIONS in all States, etc 622 MADISON, JAMES, fourth President 27 MONROE, JAMES, fifth President 27, 28 MINING LAWS aud regulations of U. S 48-90 act of May 10, 1872 48 act of Arizona 112. 113 act of California 113-117 act of Colorado 117-133 act of Dakota 133-137 act of Idaho , 137,138 act of Montana 138-140 act of Nevada 140 act of New Mexico 141, 142 act of Oregon 142-145 act of Utah 146-148 act of Wyoming 148-151 MINING CLAIM, extent limited 48 how lines must be 48 who may locate 48 rights of locators 49 how located and held 50 patent for, how obtained 50, 51, 68, 72 adverse proceedings 51, 52 survey of, who may make 54 [For locating, see Forms.] lodes intersecting 55 MINING LAWS, act of 1866 87 act of 1870 88 MINES, Legislatures may make laws respecting, when 56 agricultural lands contiguous to 56 MILL PURPOSES, land for 55 MINERAL DEPOSITS, subject to location 48 lands open to exploration and purchase .48-60 5HINI NG PURPOSES, water rights for 56 forms. See Forms, also 91-109 MILL-SITES, to secure 55, 77, 78 MEASURES AND WEIGHTS. [See Forms.] MINT VALUES ... 422 regulations 423 charges on silver deposits 423 waste in coinage 423 MEDICAL divisions of gallon 425 METRIC SYSTEM of weights and measures 428-431 act of Congress relating to 428 [See Forms.] 682 GENERAL INDEX. MISCELLANEOUS measures and weights 427, 433 MAIL MATTER, should be addressed how „ 434 rates of postage on 435 permissible writing on 435 rates on, to Canada and other foreign countries 436, 439 not carried as 436 in packages, weighing of. 436 re-forwarding of 436 letters 437 bulk, local, and county 437 general information concerning 440, 442 MAILABLE MATTER, first, second and third class 438 fourth class 439 MONEY ORDERS, postal, full explanation 439-441 MANSLAUGHTER defined 488 MURDER defined 488, 489 [For indictments under code see Forms.] MARRIAGE, a civil contract 491 parties to 49I ceremony required 49I persons officiatin? at 49I [For forms and certificates of, see Forms.] MINORS, liabilities of 542 who are .f)42 contracts, when void, and voidable 542 can not deny their own fraud , 542 fathers liable for when , 542 MARRIAGE settlements, requisites of. 55I when minor may make 55I MARRIED WOMEN. [See Abstracts of State Laws relating to, also Terri- tories, alphabetically arranged.] may become sole trader 55I may secure estate how ■ . . 547 MONTANA mining laws 138-140 mining claims, how secured 138, 139 mining notices, etc., protected 1,39 deeds, married women and liens 629 MORTGAGE, what is a 563 names of parties to 563 requisites and effect of 564 redemption under . 554 general stipulations in 5(;4 ^ 565 improving mortgaged property 565 how discharged 5(55 must be recorded 314 322 [For forms of, see Forms.] NATURALIZATION of person, where done 444 of a minor 444 GENERAL INDEX, 683 PAGE. NATURALIZATION, declaration of intention 445 affidavit of a minor ... 445 affidavit to prove intention 446 affidavit to prove residence 44G certificate of citizenship 446 NON-RESIDENT may patent claim, how 60 mineral affidavit. [See Forms.] NOTICE. [See Forms.] NEVADA, records of location of mines 140 mining laws. [See Mining Laws.] official oath. [See Forms.] NEW MEXICO, mining laws 141, 143 locations, how made 141 locations, how estimated 141 deeds, married women and liens 630 ORDER of business in Legislature (general) 37-43 of court for examination of debtor 483 [For orders, see Forms.] OREGON, mining laws 143,145 mining locations, how made ■ • • 143 mining claim, how established 143 mining claim, how held, record and labor 143 mines, real estate 144 placers and water rights , 144, 145 OPEN, mutual and current account 633, CiJd PAPER MEASURE 436 PRESIDENTS OF THE UNITED STATES from 1789 to 1883 35-34 PIERCE, FRANKLIN, fourteenth President 31 POLK, JAMES KNOX, eleventh President 30 PARLIAMENTARY RULES, table of 41 PATENTS, for mines, application for 53 for agricultural lands, limited 56 PLACER CLAIMS, how obtained 53, 54 gi'ound 53, 75, 77 PARTNERSHIP, laws relating to £63-267 what is a ~^2 termina,tion of ~65 liquidation of. 266 [For forms, see Forms.] requisites under California Code 341, 343 PARTNERS, mutual obligations of 203, 264 powers of 204 liability of 265 PROMISSORY NOTE, what isa 333 if lost what 333 obtained by fraud 333 when they bear interest 333 684 GENERAL INDEX. PAOK. PROMISSORY NOTE, presumption of value for 333 accommodation 333 made by minor 333 indorsed in blank ' 333 when due, if time of payment is not named 333 bow payee's name should be stated 333 rights of indorsee against parties to 333 notice of protest, to whom sent 333 must be protested, even if lost 333 notice to one partner sufBcient 333 time of payment absolute 334 names of parties to 334 consideration necessary 334 words " value received " 334 negotiable when 334 usual methods of drawing 334 may be indorsed without liability, how 334 when joint and several 334 must be endorsed how, if made to two not partners. . . 334 when subject to offsets 384 necessary words in Pennsylvania, New Jersey and Missouri 335 are entitled to days of grace, where 335 when demand of payment should be made 335 effect of leaving out " with interest " 335 for certain commodity, what , 335 how interest must be computed on 335 where several payments are made on 335, 336 [Forms of, see Forms.] PENSION LAWS 511-533 act June 6, 18, 20, 1874, June 18, 1875 515 act August 15, 1876 516 act Pebniary 27, 28 and March 8, 1877 517, 518, 519 act March 9, 1878 520 act June 17, 18 and 20, 1878 522 act January 25, 1879 523 act March 1 and 3, 1879 524,525, 526 act June 9, 16 and 20, 1880 52(5, 5?.7 act February 26, 1881 527 act August 7, 1882 528, 529 act July 25, 1882 530 act August 8, 1882 533 PATENT RIGHTS, rules of practice 362-387 correspondence 363 information and attorneys 363 who may obtain a 364 for what may, be obtained 364 application for, how made 365 petition and specification 366, 368 oath of inventor 368 GENERAL INDEX. 685 PAGB. PATENT RIGHTS, drawings 369-372 model 373 374 specimens, examination, rejections, etc 374 amendments, etc 374 designs, requisites of application 375, 376 re-issues 376, 378 interferences 378 duration of, etc 379 errors in letters patent 3s0 abandoned and renewed application 381 disclaimers .- . 381 caveats 382 assignments 384 office fees 385 repayment of money 387 forms 387-407 PRINTS AND LABELS, law relating to 408 registration of, by corporation 410 registration of, by individual 409 POSTAL regulations 434-443 regulation, rates , 437 general information 442, 443 POSTAGE, FOREIGN 439 PROTEST. [See Forms.] PUBLIC LANDS, directions 161-169 laws concerning 170-210 forms relating to 210-233 offices of United States 233 military bounty and forms 235-241 railroad 242-245 of States 245 where found 161 classes of. 161 " public sale of 161, 162 location of, with warrants 162, 177 location with college scrip 163, 177 location by pre-emption 1G3, 167, 173, 174 proof required 166 desert 167 rights and duties of registers and receivers 170-172 what may be pre-empted 172, 173 who may pre-empt 173 how much may be pre-empted 173 how to pre-empt 173-179 where two claim pre-emption 176 sixteenth and thirty-sixth sections of townships 177 lands granted to parishes and counties 179 pre-emption may be changed to homestead , 179 686 GENERAL INDEX. PAGE, PUBLIC LANDS, homesteads on 179-185 who may homestead 179, 180 how homestead may be obtained 180, 181 infant heirs to homesteaders deceased ISO homestead by military or naval service to United States .181, 182 application and affidavit for 180, 181 how much may be homesteaded 183 soldiers entitled to homesteads on 182-184 soldier's homestead, how obtained 183, 184 Indian homestead on 184 Indian homestead, how obtained , . . 184, 185 persons refunded purchase money, when 185 town sites on 168, 169 town sites on 185-189 town sites, title, how obtained 186-189 town sites, mineral veins in 187 Salt Lake City 188 land commissoiners, powers over 189, 190 taking false oath respecting 191 oath relating to, where taken 191 act for relief of settlers on 192, 206 act to encourage growth of timber on 192 affidavit for timber culture 193 number of trees, cultivation, etc 194 desert, act relating to 195 desert, where in force , 196 saline, act relating to 196 act limiting town-site reservatiohs 197, 198 act relating to timber in certain States 199, 201 act relating to civilized Indians ; ..201, 202 act providing how warrants may be laid 202, 203 act granting rights within railroad limits 203, 204 act granting rights in Missouri and Arkansas 204 act granting additional homestead and pre-emptions 205 act providing for issuing patents for 207 act relieving trespassers on 207, 208 act to return money on void entries 208, 210 military bounty 235, 241 RAILROAD LAND LAWS 242, 245 TEXAS LANDS and other State lands 245 TOWN SITES. ] See public lands.] PETITIONS. [See Forms.] POWER OF ATTORNEY, what is a 543 who may give a 543 kinds of 543 when revocation of takes eflfect. , 543 [For forms of, see Forms.] RAILROADS, right of way through canyons 344 lands, pre-emption and homestead on 242, 243 GENERAL INDEX. "^ ' PAOK. REGULATIONS of applications for patents ^^^ 440 REGISTERED letters REGISTERS. [See Public Lands.] RECEIVERS. [See Public Lands.] * RIGHT of way to sidewalk and road SA.LINE LANDS. [See Public Lands.] SURVEYS, making and expense ' SURVEYOR'S deputy '^ ' STATE and Territorial mining laws laws. [See Abstracts.] SILVER AND GOLD, standard value of ^J^ , c 410 comparative value ot . . . SOLE TRADER, petition for SUGGESTIONS to young attorneys (j4r64S about witnesses ' about address to court ' , o49 about bow to read OA TAYLOR, ZACHARY, twelfth President 30 TYLER, JOHN, tenth President TABLES of weights, measures, etc. [See Forms.] TABLE. [See Forms.] 59 TIMBER, may be cut for mines culture. [See Forms and Public Lands.] and stone lands ^ . , 49, 66-68 TUNNELrights „^ , . 359 TENDER, what is a ^.^ if made, how, and what of amount greater than due effect of . . 326 TENANT, who is a ^^^ cannot deny his landlord's title TIME T\BLE. [Sf e Forms.] 402 TIME, to find at any point ~ between Denver, Colorado, and divers places *<^^ 407 TRADE MARKS, law of TROY WEIGHT and avoirdupois, history -^ [See Forms.] ^ . . , 146-148 UTAH, mining laws locating mine, defacing notice, robbing of ore J^o miner's lien ^ ,-. record of notices, fees, etc J J. 40 district mining records ^^.^^ deeds, married women, and liens UNITED STATES COINAGE ^^" UNITS. Table of • 688 GENERAL INDEX. UNDERTAKING. [See Forms.] USURY, penalty for in certain States 633 VAN BUREN, MARTIN, eighth President 29 VERDICTS. [See Forms.] VERIFICATIONS. [See Forms.] WASHINGTON, GEO., first President 25, 26 WASHINGTON, deeds, married women, and liens 632 WATER RIGHTS, for mining purposes 56 U. S. statute of 1866 87 and placers, statute of 1870 88, 89 WARRANT of arrest. [See Forms.] WEIGHTS and measures. [See Forms.] deviation of, and waste in mint 423 of bushel in certain States .425, 426 of bushel by U. S. rule 427 WILLS. [See Abstracts and Forms.] W7LL, whatis a.... 417 requisites of. ... 5i4 care required in drawing 447 statutes must be complied with 447 how bequests should be made '. .'^4-ii who may make a . . 54ri what childi-en may bequeath 54i'. legal names of parties making a 015 nuncupative, what • • 545 olographic, what , 545 what testator should say in 545 witnesses required, and where and why 545 executors of 546 when revoked at common law 546 when revoked in some States 546 codicil to, what is .- . . . .'!)46 executor of, who is .'46 [For forms, see Forms.] WYOMING, mining laws 148, 151 expenditures, abandonment, and salting of mines 148 delinquent co-owners of, and lien on mine 149, 150 deeds, married women, and liens , 633 1/ University of California Library Los Angeles This book is DUE on the last date stamped below. SCHOOL OF LAW LIBRARY UNIVERSITY OF CALIFORNIA r r\a a -ki UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 770 126