History of Tazewell county, Illinois ; together with sketches of its cities, villages and townships, educational, religious, civil, military, and political history; portraits of prominent persons and biographies of representative citizens. History of Illinois ... Digest of state laws online

which is reasonably convenient. And if the receiver refuses or
neglects to appoint any place, or purposely avoids receiving notice
of a place, the deliverer may appoint any place, with a reasonable



DIGEST OF STATE LAWS. 777

regard to the convenience of the other party, and there deliver the
articles.

If the promise be to pay at a certain time, or deliver certain
chattels, it is a promise in the alternative; and the alternative
belongs to the promisor; he may do either the one or the other, at
his election; nor need he make his election until the time when the
promise is to be performed; but after that day has passed without
election on his part, the promisee has an absolute right to the
money, and may bring his action for it. A contract to deliver a
certain quantity of merchandise at a certain time means, of course,
to deliver the whole then. If by the terms of the contract certain
specific articles are to be delivered at a certain time and place in pay-
ment of an existing debt, this contract is fully discharged and the
debt is paid, by a complete and legal tender of the articles at the
time and place, although the promisee was not there to receive
them; and no action can thereafter be maintained on the contract.
But the property in the goods has passed to the creditor, and he
may retain them as his own.

DRUNKENNESS

Is the condition of a person who is under the immediate influence
of intoxicating liquors. This condition presents various degrees of
intensity, ranging from a simple exhilaration to a state of utter
unconsciousness and insensibility.

The common law shows but little disposition to afford relief,
either in civil or criminal cases, from the immediate effects of
drunkenness. It has never considered drunkenness alone as a suffi-
cient reason for invalidating any act.

When carried so far as to deprive the party of all consciousness*
strong presumption of fraud is raised; and on that ground courts
may interfere.

Courts of equity decline to interfere in favor of parties pleading
intoxication in the performance of a civil act.

The law does, however, recognize two kinds of inculpable drunk-
enness, viz.: that which is produced by the " unskillfulness of his
physician," and tliat which is produced by the "contrivance of
enemies." To this may be added cases where a party drinks no
more liquor than he has habitually used without being intoxicated,
and which exerts an unusually potent effect on the brain in con-
sequence of certain pathological conditions.



778 DIGEST OF STATE LAWS.

MARRIAGE CONTRACT.

Marriage is a contract, made in due form of law, by which a man
and woman reciprocally engage to live with each other during their
joint lives, and to discharge towards each other the duties imposed
by law on the relation of husband and wife. The marriage contract
is in law a civil contract, to which the consent of the parties is
essential. The marriage relation can only be entered into, main-
tained, and abrogated as provided by law. It is dissolved by death
or divorce. A marriage which is valid by the law of the country
in which it is contracted, is valid in this State. To make a valid
marriage, the parties must be willing to contract, able to contract,
and have actually contracted. All persons are able to contract
marriage unless they are under the legal age, or unless there be
other disability; the age of consent at common law is fourteen in
males and twelve in females. When a person under this age mar-
ries, such person can, when he or she arrives at the age above speci-
fied, avoid the marriage, or such person or both may, if the other is
of legal age, confirm it; if either of the parties is under seven, the
marriage is void. If either of the party is noii compos mentis or
insane, or has a husband or wife living, the marriage is void.

The parties must each be willing to marry the other. If eitner
party acts under compulsion, or is under duress, the marriage is
voidable.

The husband is bound to receive his wife at home, and should fur-
nish her with all the necessaries and conveniencies which his for-
tune enables him to do, and which her situation requires, but this
does not include such luxuries as, according to her fancy, she deems
necessaries. He is bound to love his wife and bear with her faults,
and, if possible, by mild means, to correct them; and he is required
to fulfill towards her his marital promise of fidelity.

Being the head of the family, the husband has a right to estab-
lish himself wherever he may please, and in this he cannot be con-
trolled by his wife; he may manage his affairs in his own way, buy
and sell all kinds of personal property, without her control, and he
may buy any real estate he may deem proper; but as the wife
acquires a right in the latter, he cannot sell it without her consent.

A wife is under obligations to love, honor and obey her husband,
and is bound to follow him wherever in the country he may go and
establish himself, provided it is not for other causes unreasonable.



DIGEST OF STATE LAWS. 779

She is under obligation to be faithi'ul in chastity to her marriage
vow. A wife has the right to tiie love and protecting care of her
husband; she has the fight to share his bed and board; she can call
upon her husband to provide her witli the necessary food and
clothing, according to her position in life, and if he neglects or re-
fuses to do so, she can procure them on his account.

MARRIED WOMEN

May bargain, sell, and convey their real and personal property, and
enter into contracts with reference to the same. The wife may bo
tlie agent of the husband, and transact for him business, making,
accepting or endorsing bills or notes, purchasing goods, rendering
bills, collecting money and receipting for the same, and in general,
entering into any contract so as to bind him, if she has his authority
to do so. And while they continue to live together, the law con-
siders the wife as clothed with authority by the husband to buy for
him and his family all tilings necessary, in kind and quantit}-, for
the proper support of his family; and for such purchases made by
her he is liable. The husband is responsible for necessaries sup-
plied to his wife, if he does not supply them himself, and he
continues so liable if he turns her out of his house or otherwise
separates himself from her, without good cause. But he is not so
liable if she deserts him, (without extreme provocation) or if he
turns her away for good cause. If she leaves him because he treats
her so ill that she has good right to go from him and his house,
this is the same thing as turning her away; and she carries with her
his credit for all necessaries supplied to her. But what the mis-
conduct must be to give this right, is uncertain. But the law un-
doubtedly is, that the wife is not obliged to stay and endure cruelty
or indecency. It is also held, that if a man lives with a woman as
his wife, and represents her to be so, he is liable for necessaries sup-
plied to her, and her contracts, in the same way as if she were his wife-
The statutes intend to secure to a married woman all her rights.
But many women about to marry — or their friends for them —
often wish to secure to them certain powers and rights, and to limit
these in certain ways or to make sure that their property is in safe
and skillful hands. This can only be done by conveying and trans-
ferring the property to trustees; that is, to certain persons to hold
the same in trust.



7S0 DIGEST OF STATE LAWS.

A married woman may sue and be sued. At the death of the
husband, in additio7i to the widow's award, a married woman has a
dower interest [one-third] in all real estate owned bj her husband
after their marriage, and which has not been released by lier, and
the husband has the same interest in the real estate of the wife,
after her death.

SCHOOL MONTH.

NUMBER OF DAYS IN A SCHOOL MONTH TEACHERs' HOLIDAYS.

The law of this State says that a school month shall comprise
twenty-two school days, actually taught. It also provides that
teachers shall not be required to teach on legal holidays, thanks-
giving or fast-days, appointed by State or National authority.

SCHOOL children's STUDIES.

The rulings of courts are that the trustees of a school district
may prescribe what studies shall be pursued, and may regulate the
classification of the pupils; but that a parent may select, from the
branches pursued, those which the child shall study, so long as the
exercise of such selection does not interfere with the system pre-
scribed for the school ; that the child cannot be excluded from one
study simply because he is deficient in another; the rule requiring
his exclusion is unreasonable, and cannot be enforced.

IXFANTS

Can make a binding contract for necessaries only. An infant can
never bind himself even for necessaries when he has a parent or
guardian who supplies his wants. What are considered necessaries
depend upon the rank and circumstances of the infant in the par-
ticular case. All his other contracts are considered voidable and
void. An infant's contract on a bill or note is voidable. His
liability may be established by ratification after full age.

The confirmation or ratification must be distinct, and with a knowl-
edge that he is not liable on the contract. A mere acknowledgment
of a debt, or a payment of a part of it, will not support an action
an such a contract. When an infant indorses negotiable notes or
bills he does not pass any interest in them as against himself; his
act is voidable, but neither the acceptor nor subsequent indorser
can oblige his infancy to evade their liability; nor can the drawer
of a bill set up the infancy of a payee and indorser as a defense to



DIGEST OF STATE L^WS. 781

an action thereon against himself. An infant may sue on a bill,
but he sues by his guardian v or next friend, and payment should
accordingly be made to him.

Parties contracting with an infant assume all the inconveniences
incident to the protection which the law allows him. In law
infancv extends to the age of twenty-one years.

ADOPTION OF CHILDREN.

Children may be adopted by any resident of this State by filing
a petition in the Circuit or County Court of the county in which
he resides, asking leave to do so; and, if desired, may ask that the
name of the child be changed. Such petition, if made by a person
having a husband or wife, will not be granted unless the husband
and wife joins therein, as the adoption must be by them jointly.
The petition shall state name, sex, and age of child, and the new
name, if it is desired to change the name; also, the name and resi-
dence of the parents of the child, if known, and of the guardian,
if any, and whether the parents or guardian consent to the
adoption.

The Court must find, before granting decree, that the parents of
the child, or the survivors of them, have deserted his or her family,
or such child, for one year next preceding the application ; or, if
neither is living, that the guardian (if no guardian, the next of
kin in this State capable of giving consent) has had notice of the
presentation of the petition, and consents to such adoption. If
the child is at the age of fourteen or upwards, the adoption cannot
be made without its consent.

CHURCH ORGANIZATIONS

May be legally made by electing or appointing, according to the
usages or customs of the body of which it is a part, at any meeting
held for that purpose, two or more of its members or trustees, war-
dens or vestrymen, and may adopt a corporate name. The Chair-
man or Secretary of such meeting shall, as soon as possible, make
and file in the office of the Recorder of Deeds of the county an
aflidavit substantially in the following form:

State of Illinois, )

County. ) '

I, , do solemnly swear [or aflirm, as the case may be]

that at a meeting of the members of the [here insert the name of



782 DIGEST OF STATE LAWS.

the church, society, or congregation, as known before organization]

held at [here insert the place of meeting], in the County of ,

and State of Illinois, on tiie day of , A. D. 18 — , for

that |3urpose, the following persons were elected [or appointed;
here insert the names] trustees, wardens, vestrymen [or officers by
whatever name they may choose to adopt, with power similar to
trustees], according to the rules and usages of such [church,

society, or congregation], and said adopted as its corporate

name [here insert name], and at said meeting this affiant acted as
[Chairman or Secretary, as the case may be].

Subscribed and sworn to before me this day of ,

A. D. 18—. [Name of affiant] .

Which affidavit must be recorded by the Recorder, and shall be,
or a certified copy made by the Recorder, received as evidence of
such corporation.

JMo certificate of election after the first need be filed for record.

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

GAME

Consists of birds and beasts of a wild nature, obtained by fowling
and hunting. The last few years have shown a general interest by



DIGEST OF STATE LAWS. 783

the people in having wise and just laws passed for the protection of
fish and game. It is apparent to all that, unless these laws are
vigorously enforced, the time will soon come when fish and game
will be so scarce as to be within the reach of only the wealthy.
Under ]n*oper regulations our streams of pure running water would
all be filled with fish, as in other years, and our prairies, fields and
forests alive with their great variety of game. It is a question that
interests all, and the game laws should be enforced.

The following are sections 1 and 6 of the Game Law of 1873, of
this State, as amended by the act approved May 14th, 1877:

Sec. 1. That it shall be unlawful for any person or persons to
hunt or pursue, kill or trap, net or ensnare, destroy, or attempt to
kill, trap, net, ensnare, or otherwise destroy any prairie hen or
chicken, or any woodcock, between the 15th day of January and the
1st day of September in each and every year; or any deer, fawn,
wild turkey, ruffed grouse (commonly called partridge), or pheas-
ant, between the 1st day of February and the 1st day of Octo1)er
in each and every year; or any quail between the 1st day of Feb-
ruary and the 1st day of November in each and every year; or any
wild goose, duck, snipe, brant, or other «^aterfowl between the 1st
day of May and the 15th day of August in each and every year:
Provided^ That it shall be unlawful for any person or persons to
net any quail at any time after this act shall take effect and be in
force; and lyrovided further^ That it shall be unlawful for any per-
son or persons who is or are non-residents of this State to kill,
ensnare, net or trap any deer, fawn, wild turkey, ])rairie hen or
chicken, ruffed grouse, quail, woodcock, wild goose, wild duck or
brant, or any snipe, in any county of this State, at any time, for
the purpose of selling or marketing or removing the same outside
of this State. Every person who violates any of the provisions of
this section shall, for each and every offense, be deemed guilty of a
misdemeanor, and on conviction shall be fined not less than five dol-
lars ($5) nor more than twenty-five dollars ($25) and costs of suit for
each and every separate bird or animal of the above enumerated
list, so unlawfully hunted or pursued, killed, trapped, netted,
ensnared, or destroyed or attempted to be killed, trapped, netted,
ensnared, or otherwise destroyed, and shall stand committed to the
county jail until such fine and costs are paid, but such imprison-
ment shall not exceed ten days.



784



DIGEST OF STATE LAWS.



Sec. 6. No person or persons shall sell or expose for sale, or
have in his or their possession for the purpose of selling or expos-
ing for sale, any of the animals, wild fowls or birds mentioned in
section 1 of this act, after the expiration of five days next succeed-
ing the first day of the period in which it shall be unlawful to
kill, trap, net, or ensnare such animals, wild fowls or birds. And
any person so ofiending shall, on conviction, be fined and dealt with
as specified in Section 1 of this act: Provided, That the provisions
of this act shall not apply to the killing of birds by or for the use
of taxidermists for preservation either in public or private collec-
tions, if so preserved.

The fifteenth of January, it will be observed, is the date when the
prohibition begins to work as to prairie chickens and woodcock;
the first of February is the date for most other sorts of game,
except waterfowl. And five days after the prohibition against kill-
ing goes into force, it becomes unlawful to sell or expose for sale
the prohibited game.

preservation of other birds.

It may be appropriate to mention here that Sections 3 and 4 of
the act of 1873, which are not changed or affected by the act of
1877, are as follows:

Sec. 3. JSTo person shall at any time, within this State, kill or
attempt to trap, net, ensnare, destroy or kill any robin, bluebird,
swallow, martin, mosquito hawk, whippoorwill, cuckoo, woodpecker,
catbird, brown-thrasher, red-bird, hanging-bird, buzzard, sparrow,
wren, humming-bird, dove, gold-finch, mocking bird, blue-jay, finch,
thrush, lark, cherry-bird, yellow-bird, oriole, or bobolink, nor rob or
destroy the nests of such birds, or either or any of them. And
any person eo ofiending shall on conviction be fined the sum of five
dollars for each and every bird so killed, and for each and every nest
robbed or destroyed: Provided, that nothing in this section shall
be construed to prevent the owner or occupant of lands from
destroying any of the birds herein named on the same, when deemed
necessary for the protection of fruits or property.

Sec. 4. It shall be unlawful for any person or persons to destroy
or remove from the nests of any prairie chicken, grouse or quail,
wild turkey, goose or brant, any Qgg or eggs of such fowl or bird,
or for any person to buy, sell, have in possession or traffic in such



DIGEST 01' STATK LAWS.



785



eggs, or willfully destroy the nest of such birds or fowls, or any or
either of them. And any person so oifending shall on conviction
be lined and dealt with as specified in Section 3 of this act.

MILLERS.

The owner or occupant of every public grist-mill in this State
shall grind all grain brouglit to his mill, in its turn. The toll for
both steam and water mills, is, for grinding and bolting wheat, rye,
or other grain, one-eighth part ; for grinding Indian corn, oats, barley,
and buckwheat not required to be bolted, one-seventh part; for grind-
ing malt, and chopping all kinds of grain, one-eighth part. It is
the duty of every miller, wlien his mill is in repair, to aid and assist
in loading and unloading all grain brought to his mill to be ground;
and he is also required to keep an accurate half-bushel measure, and
an accurate set of toll dishes or scales for weighing the grain. The
penalty for neglect or refusal to comply with the law is $5, to the
use of any person suing for the same, to be recovered before any
Justice of the Peace of the county where the penalty is incurred.
Millers are accountable (except it results from unavoidable acci-
dents) for the safe-keeping of all grain left in their mill for the pur-
pose of being ground, with bags or casks containing same, provided
that such bags or casks are distinctly marked with the initial letters
of the owner's name.

PAUPERS.

Every poor person who shall be unable to earn a livelihood in con-
sequence of any bodily infirmity, idiocy, lunacy or unavoidable
cause, shall be supported by the father, grandfathers, mother, grand-
mothers, children, grandchildren, brothers or sisters, of such poor
person, if they or either of them be of siifticieut ability; but if any
of such dependent class shall have become so from intemperance, or
other bad conduct, they shall not be entitled to support from any
relation except parent or child. The children shall first be called on
to support their parents, if they are able; but if not, the parents of
such poor person shall then be called on, if of sufiicient ability; and
it there be no parents or children able, then the brothers and sisters
of such dependent person shall be called upon; and if there be no
brothers or sisters of sufficient ability, the grandchildren of such per-
son shall next be called on; and if they are not able, then the grand-
parents. Married females, while their husbands live, shall not be



786



DIGEST OF STATE LAWS.



liable to contribute for the support of their poor relations except
out of their separate propert}'. It is the duty of the State's attorney
to make complaint to the County Court of his county against all the
relatives of such paupers in this State liable to support, and prose-
cute the same. In case the State's attorney neglects or refuses to
complain in such cases, then it is the duty of the overseer of the poor
to do so. The person called upon to contribute shall have at least
ten days' notice of such application, by summons. The court has
the power to determine the kind of support, depending upon the
circumstances of the parties, and may also order two or more of the
different degrees to maintain such poor person, and prescribe the
proportion of each, according to his or her ability. The court may
specify the time for which the relatives shall contribute; in fact it
has control over the entire subject matter, with power to enforce its
order.

Every county is required to relieve and support all poor and in-
digent persons lawfully resident therein. " Residence " means the
actual residence of the party, or the place where he was employed;
or in case he was in no employment, then it shall be the place where
he made his home. When any person becomes chargeable as a
pauper who did not reside in the county at the commencement of
six months immediately preceding his becoming so, but did at the
time reside elsewhere in this State, then the county becomes liable
for the expense of taking care of such perscm until removed ; and it
is the duty of the overseer to notify the proper authorities of the
fact. If any person shall bring and leave any pauper in any county
in this State where such pauper had no legal residence, knowing him
to be such, he is liable to a fine of $100. In counties under town-
ship organization, the supervisors in each town are ex-officio over-
seers of the poor. The overseers of the poor act under the directions
of the County Board in taking care of the poor and granting tem-
porary relief; also, in providing for non-resident persons not pau-
pers who may be taken sick and not able to pay their way, and, in
case of death, causing such persons to be decently buried.

PUBLIC AND PRIYATE CONVEYANCES.

When practicable from the nature of the ground, persons travel
ing in any kind of vehicle must turn to the right of the center of
the road, so as to permit each carriage to pass without interfering



DIGEST OF STATE LAWS. V87

with the other. The penalty for a violation of this provision is $5
for every offense, to be recovered bj the party injured; but to re-
cover, there must have occurred some injury to person or property
resulting from the violation.

The owners of any carriage traveling upon any road in this State