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

for the conveyance of passengers, who shall employ or continue in
their employment as driver any person who is addicted to drunken-
ness, or the excessive use of spirituous liquors, after he has had
notice of the same, shall pay a forfeit at the rate of $5 per day ; and
if any driver, while actually engaged in driving any such carriage,
shall be guilty of intoxication to such a degree as to endanger the
safety of passengers, it shall be the duty of the owner, on receiving
written notice of the fact, signed by one of the passengers, and cer-
tified by him on oath, forthwith to discharge such driver. If such
owner shall have such driver in his employ within three months
after such notice, he is liable for $5 per day for the time he shall
keep such driver in.his employment after receiving such notice.

Persons driving any carriage on any public highway are prohib-
ited from running their horses upon any occasion, under a penalty
of a fine not exceeding $10, or imprisonment not exceeding sixty
days, at the discretion of the court. Horses attached to any car-
riage used to convey passengers for hire must be properly hitched,
or the lines placed in the hands of some other person, before the
driver leaves them for any purpose. For violation of this provision
each driver shall forfeit twenty dollars, to be recovered by action
commenced within six months.

It is understood by the term " carriage" herein to mean any car-
riage or vehicle used for the transportation of passengers, or goods,
or either of them.

WAGERS AND STAKEHOLDERS.

"Wagers upon the result of an election have always been consid-
ered as void, as being contrary to sound policy, and tending to im-
pair the purity of elections. "Wagers as to the mode of playing, or
as to the result of any illegal game, as boxing, wrestling, cock-
fighting, etc. , are void at common law.

Stakeholders must deliver the thing holden by them to the person
entitled to it, on demand. It is frequently questionable who is en-
titled to it. In case of an unlawful wager, although he may be jus-



788 DIGEST OF STATE LAWS.

tified for delivering the thing to the winner, by the express or im-
plied consent of the loser, yet if before the event has happened he
has been required by either party to give up the thing deposited
with him by such party, he is bound to deliver it; or if, after the
event has happened, tlie losing party gives notice to the stakeholder
not to pay the winner, a payment made to him afterwards will be
made to him in his own wrong, and the party who deposited the
money or thing may recover it from the stakeholder.

SUiNDAY.

Labor of whatever kind, other than the household offices of daily
necessity, or other work of charity and necessity, on the first day of
the week, commonly called Sunday, is in general under penalty pro-
hibited; but all persons do not come under prohibition. If a con-
tract is commenced on Sunday, but not completed until a subsequent
day, or if it merely grew out of a transaction which took place on
Sunday, it is not for this reason void. Thus, if a note is signed on
Sunday, its validity is not impaired if it be not delivered on that day.

DEFINITION OF COMMERCIAL TERMS.

$ means dollars, being a contraction of U. S. , which was for-
merly placed before any denomination of money, and meant, as it
means now, United States currency. £ means pounds, English
money. @ stands for azJ or ?5«:V ft) iov poimd; bbL for barrel; and
f) for per or ly the. Thus, butter sells at 20 @ 30c. '^ ft, and
flour at $6@10 f bbl. j,, stands for ^^t^r cent., and ^ for number.

In the example "May 1— wheat sells at [email protected], seller
June," seller June means that the person who sells the wheat has
the privilege of delivering it at any time during the month of
June. " Selling short" is contracting to deliver a certain amount
of grain or stock at a fixed price within a certain length of time,
when the seller has not the stock on hand. It is for the interest of
the person selling " short " to depress the market as much as possi-
ble, in order that he may buy and fill his contract at a profit.
Hence the "shorts" are termed "bears."

LEGAL WEIGHTS AND MEASURES.

Whenever any of the following articles shall be contracted for,
or sold or delivered, and no special contract or agreement shall be



DIGEST OF STATE LAWS. 789

made to the contrary, the weight per bushel shall be as follows,
*to-wit:

ft)S. lbs.

Apples, dried 24 Hemp seed 44

Barley. . = = 48 Hair (plastering) 8

Beaus, white 60 Lime, uuslacked 80

Beaus, castor 46 Onions 57

Buckwheat 52 Oats 32

Bran 20 Potatoes, Irish 60

Blue-glass seed 14 Peaches, dried 33

Broom-corn seed 46 Potatoes, sweet 55

Coal, stove 80 Rye 56

Corn, in the ear 70 Salt, fine 55

Corn, shelled 56 Salt, coarse 50

Corn meal.. . > 48 Turnips 55

Clover seed 60 Timothy seed 45

Flax seed 56 Wheat 60

BEES.

Bees, while unreclaimed, are by nature wild animals. Those
which take up their abode in a tree belong to the owner of the soil
in which the tree grows, if unreclaimed ; but if reclaimed and identi-
fied thev belono' to their former owner. If a swarm has flown from
the hive of A, they are his so long as they are in sight, and may
easily be taken; otherwise, they become the property of the first
occupant. Merely finding on the land of another person a tree
containing a swarm of bees, and marking it, does not vest the
property of the bees in the finder. They do not become property
until actually hived.

DOGS.

Dogs are animals of a domestic nature. The owner of a doc has
such property in him tliat he may maintain an action for an injury
to him, or to recover him when unlawfully taken away and kept by
another.

When, in consequence of his vicious propensities, a dog becomes
a common nuisance the owner may be indicted, and where one
commits an injury, if the owner had knowledge of his mischievous
propensities, he is liable for the injury. A man has a right to
keep a dog to guard his premises, but not to put him at the
entrance of his house, because a person coming there on lawful
business may be injured by him, though there may be another
entrance to the house. But if a dog is chained, and a visitor
incautiously goes so near him that he is bitten, he has no right of
action against the owner.



TOO DIGEST OF STATE LAWS.

CRUELTY TO ANI3ULS.

"Whoever shall willfully overdrive, overload, overwork, torture,
torment, beat, deprive of necessaiy and proper food, drink, or
shelter, or cruelly kill any such animal, or work an old, maimed,
sick, or disabled animal, or keep any animal in an unnecessarily
cruel manner, for each and every offense shall be liable to a tine of
not less than $3 or more than $200, to be recovered on complaint
before any Justice of the Peace, or by indictment. The word
"animal" used shall be taken to mean any living creature.

NAMES. •

Any person desirous of changing his name, and to assume another
name, may file a petition in the Circuit Court of the county where
he resides, praying for such change. Such petition shall set forth
the name then held, and also the name sought to be assumed?
together with his residence, and the length of time he shall have
resided in this State, and his nativity. In case of minors, parents
or guardians must sign this petition; and said petition shall be
verified by the afiidavit of some credible person. A ])revious notice
shall be given of such intended application by publishing a notice
thereof in a county newspaper for three consecutive weeks, the first
insertion to be at least six weeks prior to the first day of the term
of the court in which the said petition is to be filed.

UNITED STATES MAILS.

The following suggestions and rulings of the Post Office Depart-
ment in regard to the sending of matter through the United States
mails will be found valuable. By giving careful attention to and
closely following them, almost perfect security from all delays and
losses, and the many little vexatious inquiries generally made by
the public will be avoided.

Make the address legible and complete, giving the name of the
postoffice, county and state; the name of the street, and the num-
ber of the house, also, should always be given on letters addressed
to cities where letter-carriers are employed. Letters intended for
places in foreign countries should have the name of the country »s
well as the postoffice given in full.

See that every letter, newspaper or other packet sent by mail is
securely folded and fastened. Avoid using, as nauch as possible,



DIGEST OF STATE LAWS. 791

cheap envelopes made of thin paper, especially when containing
more than one sheet of paper.

Never send money or any other article of value through the
mail, except by means of a money order or in a registered letter.
Every letter sent should contain the full name and address of the
writer, with the county and State, in order to secure its return if
the person to whom it is directed cannot be found. Persons who
have large correspondence find it most convenient to use "special
request " envelopes, but thos6 who only mail an occasional letter
can avoid the trouble by writing a request to " return if not
delivered," etc., on the envelope.

Postage stamps should be placed upon the upper right hand
corner of the addressed side of all mail matter.

"Written matter in unsealed envelopes prepaid with only a one-
cent postage stamp will be held for postage.

Diplomas, commissions, certificates, etc., having written signa-
tures attached, circulars having anything written thereon, are sub-
ject to postage at the rate of tliree cents for each half ounce or
fraction thereof

Stamps cut from stamped envelopes, mutilated postage stampS)
and internal revenue stamps, will not be accepted in payment for
postage. Letters deposited in a postoffice having such matter
aflSxed are held for postage.

To use, or attempt to use, in payment of postage a postage
stamp, or stamped envelope, or any stamp cut from such stamped
envelopes, which has been before used in payment of postage, is
punishable with a fine of fifty dollars.

In using postal cards, be careful not to write or have anything
printed on the side to be used for the address, except the address;
also be careful not to attach anything to them. They are unmail-
able as postal cards when these suggestions are disregarded.

No cards are " postal cards " except such as are issued by the
Post Office Department. In no one case will unclaimed cards be
returned to the writer or sent to the Dead Letter Office. If not
delivered within sixty days from time of receipt they will be burned
by the post- master.

To insure a letter being forwarded in the mails it must have not
less than three cents in postage stamps affixed.

After a letter has passed from the mailing office the delivering



792 DIGEST OF STATE LAWS.

of it cannot be delayed or prevented by the writer; but, if the
writer request the return of the letter, which has not left in the
mail, the post-master may deliver it, if he is satisfied that the party
applying is the writer.

A subscriber to a newspaper or periodical who changes his resi-
dence and postoffice should at once notify the publishers of the
change.

Printed matter, merchandise and other third-class matter cannot
be forwarded from the office to which it is addressed unless postage
is furnished for such purposes. A request to return indorsed on
such matter will not be regarded unless postage is furnished for the
purpose. A request to return written on such matter subjects the
package to letter postage.

All packages mailed at less than letter postage should be wrapped
so that their contents can be readily ascertained without destroying
the wrapper.

Matter contained in sealed envelopes, notched at the ends, is sub-
ject to letter postage.

The sender of any article of the third-class may write his or her
name or address therein, or on the outside thereof, with the word
" from " above or preceding the same, or may write or print on any
package the number and name of articles inclosed.

All losses should be promptly reported.

Packages of any description of mail matter may weigh not exceed-
ing four pounds.

BATES OF POSTAGE.

On letters, sealed packages, mail matter, wholly or partly in
writing, except book manuscript and corrected proofs passing
between authors and publishers, and except local or drop letters, or
postal cards; all printed matter so marked as to convey any other
or further information than is conveyed by the original print, except
the correction of mere typographical errors; all matter otherwise
chargeable with letter postage, but which is so wrapped or secured
that it cannot be conveniently examined by the post-masters with,
out destroying the wrapper or envelope; all packages containing
matter not in itself chargeable with letter postage, but in which is
enclosed or concealed any letter, memorandum, or other thing
chargeable with letter postage, or upon which is any writing or
memorandum; all matter to which no specific rate of postage is



DIGEST OF STATE LAWS. 793

assigned; and manuscript for publication in newspapers, magazines
or periodicals, three cents fob each half ounce or fraction

THEREOF.

On local or drop letters, at offices where free delivery by carriers
is established, two cents for each half ounce or fraction

THEREOF.

On local or drop letters, at offices where free delivery by carriers
is not established, one gent for each half ounce or fraction

THEREOF.

RATES OF POSTAGE ON THIRD-CLASS MATTER.

By act of July 12, 1876, third-class matter is divided as follows:

One cent for two ounces. — Almanacs, books (printed), calendars,
catalogues, corrected proofs, hand-bills, magazines, when not sent
to regular subscribers, maps (lithographed or engraved), music
(printed sheet), newspapers, when not sent to regular subscribers
occasional publications, pamphlets, posters, proof-sheets, prospec-
tuses, and regular publications designed primarily for advertising
purposes, or for free circulatien, or for circulation at nominal rates.

One cent for each ounce. — Blank books, blank cards, book manu-
script, card boards and other flexible materials, chromo-lithographs^
circulars, engravings, envelopes, flexible patterns, letter envelopes,
letter paper, lithographs, merchandise, models, ornamented paper,
postal cards, when sent in bulk and not addressed, photographic
views, photographic paper, printed blanks, printed cards, sample
cards, samples of ores, metals, minerals, and merchandise, seeds
cuttings, bulbs, roots and scions, and stereoscopic views.

Any article of mail matter, subject to postage at the rate of one
cent for each ounce or fraction thereof, which may be enclosed in
the same package with items subject to the rate of one cent for each
two ounces or fraction thereof, will subject the entire package to
the highest rate, viz.; one cent for each ounce or fraction thereof.

The following articles are unmailable:

Packages containing liquids, poisons, glass, explosive chemicals,
live animals, sharp pointed instruments, flour, sugar, or any other
matter liable to deface or destroy the contents of the mail, or injure
the person of any one connected with the service. All letters upon
the envelope of which, or postal card upon which indecent, lewd,
obscene, or lascivious delineations, epithets, terms or language
may be written or printed, or disloyal devices printed or engraved,



794 DIGEST OF STATE LAWS.

and letters or circulars concerning illegal lotteries, so called gift
concerts or other similar enterprises offering prizes, or concerning
schemes devised and intended to deceive and defraud the public-
Also, all obscene, lewd or lascivious books, pamphlets, pictures,
papers, prints or other publications of an indecent character.

REGISTERED MATTER.

The fee for registering a letter going anywhere in the United
States is fixed at ten cents in addition to the regular postage. Post-
masters are required to register all letters properly presented for
that purpose, but no letters are to be registered on Sunday.

Registered letters will never be delivered to any person but the
one to whom they are addressed, or to one whom the post-master
knows to be authorized to receive them.

MONEY ORDERS.

The money-order system is intended to promote public conven-
ience and to secure safety in the transfer through the mails of small
sums of money. The principal means employed to attain safety
consists in leaving out of the order the name of the payee or per-
son for whom the money is intended. In this respect a money-
order differs from an ordinary bank draft or check. An advice
or notification containing full particulars of the order is transmitted
without delay by the issuing post-master to the post-master at the
oflice of payment. The latter is thus furnished, before the order
itself is presented, with information which will enable him to pre-
vent its payment to any person not entitled thereto, provided the
remitter complies with the regulation of the Department, which
prohibits him from sending the same information in a letter inclosed
with his order.

Under no circumstances can payment of an order be demanded
on the day of its issue. The fees or charges for money-orders will
be as follows:

On orders not exceeding $15 10 cents

On orders over $15 and not exceeding $30 15 cents

On orders over $30 and not exceeding $40 20 cents

On orders over $40 and not exceeding $50 25 cents

When a larger sum than $50 is required, additional orders to
make it up must be obtained. But post-masters are instructed to
refuse to issue in one day, to the same remitter and in favor of the
same payee, more than three money-orders payable at the same
postoftice.



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UNIVERSITY OF ILLINOIS-URBANA

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