M. H Tilden.

The History of Stephenson County, Illinois, containing ... biographical sketches ... war record ... statistics ... portraits of early settlers ... history of the Northwest, history of Illinois, &c. .. online

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Online LibraryM. H TildenThe History of Stephenson County, Illinois, containing ... biographical sketches ... war record ... statistics ... portraits of early settlers ... history of the Northwest, history of Illinois, &c. .. → online text (page 15 of 104)
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uary, A. D. 1871, and recorded in the Recorder's office of said county,
in book A of Deeds, page 46, to the premises therein described, and which
said Deed was made to secure one certain promissory note, bearing even
date with said deed, for the sum of Three Hundred dollars.

Witness my hand and seal, this second day of November, A. D. 1874.

Petee Ahlund. [l.s.J

State of Illinois, )

, Cook County. j ' I, George Saxton, a Notary Public in

and for said county, in the state aforesaid, do hereby

certify that Peter Ahlund, personally known to me

as the same person whose name is subscribed to the

foregoing Release, appeared before me this day in

f *^e£:^^ ] person, and acknowledged that he signed, sealed, and

delivered the said instrument of writing as his free

ajd vokmtary act, for the uses and purposes therein

set forth.

Giv^n under my hand and seal, this second day of
Novembar, A. D. 1874.

George Saxton, N. P.

GENERAL FOirM OF WILL FOR REAL AND PERSONAL PROPERTY.

I, Charles Mansfield, of the Town of Salem, County of Jackson,
State of Illinois, being aware of the uncertainty of life, and in failing
health, but of sound mind and memory, do make and declare this to be
my last will and testament, in manner following, to wit:

First. I give, devise and bequeath unto my oldest son, Sidney H.
Mansfield, the sum of Two Thousand Dollars, of bank stock, now in the
Third National Bank of Cincinnati, Ohio, and the farm owned by myself
in the Town of Buskirk, consisting of one hundred and sixty acres, with
all the houses, tenements, and improvements thereunto belonging ; to
have and to hold unto my said son, his heirs and assigui,., forever.

Second. I give, devise and bequeath to each of my daughters, Anna
Louise Mansfield and Ida Clara Mansfield, each Two Thousand dollars in
bank stock, in the Third National Bank of Cincinnati, Ohio, and also each
one quarter section of land, owned by myself, situated in the Town of
Lake, Illinois, and recorded in my name in the Recorder's offic«! in the
county where such land is located. The north one hundred and sixty
acres of said half section is devised to my eldest daughter, Anna Louise.

6



156 ABSTEACT OF ILLINOIS STATE LAWS.

Third. I give, devise and bequeath to my son, Frank Alfred Mans-
field, Five shares of Railroad stock in the Baltimore and Ohio Eailroad,
and my one hundred and sixty acres of land and saw mill thereon, situ-
ated in Manistee, Michigan, with all the improvements and appurtenances
thereunto belonging, which said real estate is recorded in my name in the
county where situated.

Fourth. I . give to my wife, Victoria Elizabeth Mansfield, all my
household furniture, goods, chattels, and personal property, about my
home, not hitherto disposed of, including Eight Thousand dollars of bank
stock in the Third National Bank of Cincinnati, Ohio, Fifteen shares in
the Baltimore and Ohio Railroad, and the free and unrestricted use, pos-
session, and benefit of the home farm, so long as she may live, in lieu of
dower, to which she is entitled bj"- law ; said farm being my present place
of residence.

Fifth. I bequeath to my invalid father, Elijah H. Mansfield, the
income from rents of my store building at 145 Jackson Street, Chicago,
Illinois, during the term of his natural life. Said building and land there-
with to revert to my said sons and daughters in equal proportion, upon
the demise of my said father.

Sixth. It is also my will and desire that, at the death of my wife,
Victoria Elizabeth Mansfield, or at any time when she may arrange to
relinquish her life interest in the above mentioned homestead, the same
may revert to my above named children, or to the lawful heirs of each.

And lastly. I nominate and appoint as executors of this my last will
and testament, my wife, Victoria Elizabeth Mansfield, and my eldest son,
Sidney H. Mansfield.

I further direct that my debts and necessary funeral expenses shaJ
be paid from moneys now on deposit in the Savings Bank of Salem, the
residue of such moneys to revert to my wife, Victoria Elizabeth Mansfield,
for her use forever.

In witness whereof, I, Charles Mansfield, to this my last will and
testament, have hereunto set my hand and seal, this fourth day of April,
eighteen hundred and seventy-two.



Signed, sealed, and declared by Charles
Mansfield, as and for his last will and
testament, in the presence of us, who,
at his request, and in his presence, and
in the presence of each other, have sub-
scribed our names hereunto as witnesses
thereof.

Peter A. Sohenck, Sycamore, Ills.

Fbank E. Dent, Salem, Ills.



Charles Mansfield, [l.s.j



ABSTRACT OF ILLINOIS STATE LAWS. 157

CODICIL

Whereas I, Charles Mansfield, did, on the fourth day of April, one
thousand eight hundred and seventy-two, make my last will and testa-
ment, I do now, hy this writing, add this codicil to my said will, to be
taken as a part thereof.

Whereas, by the dispensation of Providence, my daughter, Anna
Louise, has deceased November fifth, eighteen hundred and seventy-three,
and whereas, a son has been born to me, which son is now christened
Richard Albert Mansfield, I give and bequeath unto him my gold watch,
and all right, interest, and title in lands and bank stock and chattels
bequeathed to my deceased daughter, Anna Louise, in the body of this will.

In witness whereof, I hereunto place my hand and seal, this tenth
day of March, eighteen hundred and seventy-five.

Signed, sealed, published, and declared to^

us by the testator, Charles Mansfield, as

and for a codicil to be annexed to his

last will and testament. And we, at

his request, and in his presence, and in

the presence of each other, have sub-
scribed our names as witnesses thereto,

at the date hereof.
Feank E. Dent, Salem, Ills.
John C. Shay, Salem, Ills.

CHURCH ORGANIZATIONS

May be legally made by electing or appointing, according to the usages
or customs of the body of which it is a part, at any meeting held for that
purpose, tivo or more of its members as trustees, wardens or vestrymen, and
may adopt a corporate name. The chairman or secretary of such meeting
shall, as soon as possible, make and file in the of3&ce of the recorder of
deeds of the county, an affidavit substantially in the following form :
State of Illinois,



Charles Mansfield. [l.s.J



\



Count}'.



ss.



I, — — , do solemnly swear (or affirm, as the case may be),

that at a meeting of the members of the (here insert the name of the
church, society or congregation as known before organization), held at

(here insert place of meeting), in the County of , and State of

Illinois, on the day of , A.D. 18 — , for that purpose, the fol-
lowing persons were elected (or appointed) [here insert their names'\
trustees, wardens, vestrymen, (or officers by whatever name they may
choose to adopt, with powers similar to trustees) according to the rules
and usages of such (church, society or congregation), and said



158 ABSTKACT OF ILLINOIS STATE LAWS.

adopted as its corporate name (here insert name), and at said meeting-
this affiant acted as (chairman or secretary, as the case may be).

Subscribed and sworn to before me, this day of , A.D.

18—. Name of Affiant

wliich affidavit must be recorded by the recorder, and shall be, or a certi-
fied copy made by the recorder, received as evidence of such an incorpo-
ration.

No certificate of election after the first need he filed for record.

The term of office of the trustees and the general government of the
society can be determined by the rules or by-laws adopted. Failure to
elect trustees at the time provided does not work a dissolution, but the
old trustees hold over. A trustee or trustees may be removed, in the
same manner by the society as elections are held by a meeting called for
that purpose. The property of the society vests in the corporation. The
corporation may hold, or acquire by purchase or otherwise, land not
exceeding ten acres, for the purpose of the society. The trustees have
the care, custody and control of the property of the corporation, and can,
ivhen directed by the society, erect houses or improvements, and repair
and alter the same, and may also when so directed by the society,
mortgage, encumber, sell and convey any real or personal estate belonging
to the corporation, and make all proper contracts in the name of such
corporation. But they are prohibited by law from encumbering or inter-
fering with any property so as to destroy the effect of any gift, grant,
devise or bequest to the corporation ; but such gifts, grants, devises or
bequests, must in all cases be used so as to carry out the object intended
by the persons making the same. Existing societies may organize in the
manner herein set forth, and have all the advantages thereof.

SUGGESTIONS TO THOSE PURCHASING BOOKS BY SUBSCRIPTION.

The business of publishing books by subscription having so often been
brought into disrepute by agents making representations and declarations
not authorized by the publisher ; in order to prevent that as much as possi-
ble, and that there may be more general knowledge of the relation such
agents bear to their principal, and the law governing such cases, the fol-
lowing statement is made :

A subscription is in the nature of a contract of mutual promises, by
which the subscriber agrees to pay a certain sum for the work described •
the consideration is concurrent that the publisher shall publish the hook
named, and deliver the same, for which the subscriber is to pay the price
named. The nature and character of the work is described in the prosiitctus
and by the sample shown. These should be carefully examined before sub-
scribing, as they are the basis and consideration of the promise to pay,



ABSTEACT OF IJULINOIS STATE LAWS. 159

and not the too often exaggerated statements of the agent, who is merely
employed to solicit subscriptions, for which he is usually paid a commission
for each subscriber, and has no authority to change or alter the conditions
^ upon which the subscriptions are authorized to be made by the publisher.
Should the agent assume to agree to make the subscription conditional or
modify or change the agreement of the publisher, as set out by prospectus
and sample, in order to bind the principal, the subscriber should see that
such conditions or changes are stated over or in connection with his signa-
ture, so that the publisher may have notice of the same.

All persons making contracts in reference to matters of this kind, or
any other business, should remember that the law as to written contracts is,
that they can not be varied, altered or rescinded verbally, but if done at all,
must he done in writing. It is therefore important that all persons contem-
plating subscribing should distinctly understand that all talk before or after
the subscription is made, is not admissible as evidence, and is no part of the
contract.

Persons employed to solicit subscriptions are known to the trade as
canvassers. They are agents appointed to do a particular business in a
prescribed mode, and have no authority to do it in any other way to the
prejudice of their principal, nor can they bind their principal in any other
matter. They can not collect money, or agree that payment may be made
in anything else but money. They can not extend the time of payment
beyond the time of delivery, nor bind their principal for the payment of
expenses incurred in their buisness.

It would save a great deal of trouble, and often serious loss, if persons,
before signing their names to any subscription book, or any written instru-
ment, would examine carefully what it is ; if they can not read themselves,
should call on some one disinterested who can.

6



1(30 COKSTIIUTION OF THE UNITED STATES



CONSTITUTION OF THE UNITED STATES OF AMERICA
AND ITS AMENDMENTS.

We, the people of the United States, in order to form a more perfect union,
establish justice, insure domestic tranquillity, provide for the common
defense, promote the general ivelfare, and secure the blessings of liberty
to ourselves and our posterity, do ordain and establish this Constitution
for the United States of America.

Akticle I.

Sectioh 1. All legislative powers herein granted shall be vested in
a Congress of the United States, which shall consist of a Senate and
House of Representatives.

Sec. 2. The House of Representatives shall be composed of mem-
bers chosen every second year by the people of the several states, and the
electors in each state shall have the qualifications 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 inhabitant of that state in
which he shall be chosen.

Representatives and direct taxes shall be apportioned among the sev-
eral 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 the United States, and within every subse-
quent 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 choose three, Massachusetts eight, Rhode Island and Providence Plan-
tations one, Connecticut five. New York six, New Jersey four, Pennsylva-
nia eight, Delaware one, Maryland six, Virginia ten, North Carolina five,
and Georgia three.

When vacancies happen in the representation from an)' state, the
Executive authority thereof shall issue writs of election to fill such
vacancies.

The House of Representatives shall choose their Speaker and other
officers, and shall have the sole power of impeachment.

Sec. 3. The Senate of the United States shall be composed 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 expira-



AKD ITS AMENDMENTS. 161

tion 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
resignation or otherwise, during the recess of the Legislature of any state,
the Executive thereof may make temporary appointments until the next
meeting of the Legislature, which shall then fill such vacancies.

No person shall be a Senator who shall not have attained to the age
of thirty years and been nine years a citizen of the United States, and
who shall not, when elected, be an inhabitant of that state for which he
shall be chosen.

The Vice-President of the United States shall be President of the
Senate, but shall have no vote unless they be equally divided.

The Senate shall choose their other officers, and also a President pro
tempore, iu 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 affirmation. When the
President of the United States is tried the Chief Justice shall preside.
And no person shall be convicted without the concurrence of two-thirds
of the members present.

Judgment, in cases of impeachment, shall not extend further than to
removal fi'om office, and disqualification to hold and enjoy 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.

Sec. 4. The times, places and manner of holding elections for Sen-
ators and Representatives shall be prescribed in each state by the Legis-
lature thereof ; but the Congress may at any time by law make or alter
such regulations, except as to the places of choosing Senators.

The Congress shall assemble at least once in every year, and such
meeting shall be on the first Monday in December, unless they shall by
law appoint a different day.

Sbo. 5. Each house shall be the judge of the election, 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 behavior, and, with the concurrence of two-thirds,
expel a member.

Each house shall keep a journal of its proceedings, and from time to
time publish the same, excepting such parts as may, in their judgment,
require secrecy ; and the yeas and nays of the members of either house
on any question shall, at the desire of one-fifth of those present, be entered
on the journal.

Neither house, during the session of Congress, shall, without the
consent of the other, adjourn for more than three days, nor to any other
place than that in which the two houses shall be sitting.

Sec. 6. The Senators and Representatives shall receive a compen-
sation for their services, to be ascertained by law, and paid out of the
treasury of the United States. They shall in aU cases, except treason,



162 CONSTITUTION OF THE UNITED STATES

felony, and breach of the peace, be privileged 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 any other place.

No Senator or Representative shall, during the time for which he was
elected, be appointed to any civil office under the authority of the United
Sta.tes, which shall have been created, or the emoluments whereof shall
have been increased 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.

Sec. 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 becomes a law, be presented to the President
the United States ; if he approve he shall sign it ; but if not he shaU
return it, with his objections, to that house in which it shall have origi-
nated, 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 objec-
tions, 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 President 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 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 effect shall be approved by
him, or, being disapproved by him, shall be re-passed by two-thirds of
the Senate and House of Representatives, according to the rules and lim-
itations prescribed in the case of a bill.

Sec. 8. The Congress shall have power —

To lay and collect taxes, duties, imposts and excises, to pay the debts,
and provide for the common defense and general welfare of the United
utates ; 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 a uniform rule of naturalization, and uniform laws on
the subject of bankruptcies throughout the United States ;

To coin money, regulate the value thereof, and of foreign coin, and
fix the standard of weights and measures ;

To provide for the punishment of counterfeiting the securities and
current coin of the United States;

To establish post offices and post roads ;



AND ITS AMENDMENTS. 163

To promote the progress of sciences 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 high
seas, and offenses 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 shall 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, and
for governing such part of them as may be employed in the service of the
United States, reserving to the states respectively the appointment of the
officers, and the authority of training the militia according to the disci-
pline prescribed by Congress ;

To exercise 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 authority over all places purchased by the
consent of the Legislature of the state in which the same shall be, for
the erection of forts, magazines, arsenals, dock yards, and other needful
buQdings ; and

To make all laws which shall be necessary and proper for carrying
into execution the foregoing powers, and all other powers vested by this
Constitution in the government of the United States, or in any depart-
ment or officer thereof.

Sec. 9. The 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 such importation, not exceeding ten
dollars for each person.

The privilege of the writ of habeas corpus shall not be suspended,
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 proportion
to the census or enumeration hereinbefore 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 rev-
enue 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 expeditures of all public money shall be published from
time to time.



164 CONSTITUTION OF THE UNITED STATES

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, emolument, office, or title
of any kind whatever, from any king, prince, or foreign state.

Sec. 10. No state shall enter into any treaty, alliance, or confeder-
ation ; grant letters of marque and reprisal ; coin money ; emit bills of



Online LibraryM. H TildenThe History of Stephenson County, Illinois, containing ... biographical sketches ... war record ... statistics ... portraits of early settlers ... history of the Northwest, history of Illinois, &c. .. → online text (page 15 of 104)