MISCELLANEOUS LAWS.

CHAPTER I.--EXEMPTION LAWS.

   The law that exempts a portion of every man's property from execution, is founded upon two considerations; the one humane and the other political. It is in the same line with the legislation that has abolished imprisonment for debt. His misfortunes ought not to deprive him and his family of a home and of some means of providing a living. This is the humane view. In addition, the statesman sees that a state is more prosperous when all its citizens are prosperous; where there are no distant extremes of rich and poor. The very poor is a dangerous class. It is to the interest of the state that there shall be as few as possible of this class. The state is best served when it provides that every man is insured a home for himself and family in his disasters. It is better that a family should have shelter and food than that a rich creditor should be able to secure the last dollar of his debt. This is the political view.

   Most of the states now provide an exemption law, designating certain property that cannot be taken from the family without its consent. In Nebraska the following property is exempt from execution for ordinary debt:
   1. A homestead to a value not exceeding two thousand dollars. It may consist of one hundred and sixty acres of land or less--or two lots or less in a village or city with the improvements thereon.
   2. A lot in a cemetery.

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   3. The family bible, pictures, schoolbooks and library for the use of the family.
   4. A seat or pew in any place of public worship.
   5. All necessary wearing apparel of the debtor and of his family; all beds, bedding, bedsteads, needed for the family; stoves and appendages needed, not exceeding four; and all cooking utensils and household furniture, beyond what has been enumerated above, to the amount of one hundred dollars.
   6. One cow, three hogs, and all pigs under six months of age.
   7. If the debtor be actually engaged in the business of agriculture, there are exempt, in addition, one yoke of oxen, or one span of horses or mules; ten sheep and the wool therefrom, either in the raw form or manufactured; the necessary feed for the stock mentioned for a period of three months; also one wagon, cart or dray; two plows, one drag or harrow; the harness or gearing necessary for his team; and other farming implements to the value of fifty dollars.
   8. The provisions and fuel necessary for the family, either provided or growing, for a period of six months.
   9. The tools or implements of any mechanic, miner or other person, used and kept for carrying on his trade, and the library of a professional man, as attorney, clergyman, physician and surgeon. These exemptions are for heads of families, only. The wages, for sixty days, of a clerk, laborer or mechanic, who is the head of a family, are exempt while in the hands of those for whom he labors.
   The law also provides that for the wages of a clerk, laborer or mechanic, there is no exemption of even the above property. An attorney-at-law can have no exemption for money collected by him for another.
   It is provided by the law of 1883, providing for sheep

 

inspectors, that no sheep shall be exempt from judgment obtained for violation of the provisions of that law.
   A mortgage duly given upon a homestead, or upon any property named above, will render such homestead or property liable for the debt secured by the mortgage.

MECHANIC'S LIEN.

   In the paragraph upon exemptions it will be seen that there are no exemptions against a judgment obtained by a clerk, laborer or mechanic, for wages, and that the wages of such an employe are exempt while in the hands of his employer. In the same spirit of humanity, the law gives to all mechanics and other laborers a lien upon any house, mill, factory, or other building, and any appurtenance thereof, on which he works in erecting or repairing it, under any contract for such work. Any one who furnishes any material for any such building has a lien of the same character. It does not make any difference whether the work is done or the material furnished by contract, directly with the owner, or with sub- contractors.
   Any person who furnishes labor or material for such a building can perfect his lien upon it at any time within four months after such labor or material is furnished. The lien can be enforced like a mortgage.

INTEREST.

   Persons who borrow money, or who purchase goods on credit, usually pay interest upon the money borrowed, or upon the goods bought. If there is no rate of interest agreed upon, by the parties, the rate is seven cents upon each dollar for one year.
   Parties can agree upon any other rate of interest, so that it is not more than ten cents upon the dollar for one year. This interest may be paid at the end of the year, at the beginning of the year, or at any other time that may be agreed upon.

 

   Interest upon judgments and decrees of court draw the same interest that was drawn by the contract on which the judgment or decree is based.

   Penalty. The law properly applies a penalty to any one who takes more than lawful interest. This penalty is a loss of all interest. The lender will got his principal, but no interest.

   Warrants. All warrants issued by the authorities of the state, county, city, town, or school district draw interest at seven per cent. from the date that they are presented to the treasurer for payment, if not paid. No public bond can draw more than eight per cent. interest.

OFFICIAL OATHS.

   Before taking any office, the person elected or appointed thereto must take oath to support the constitution of the United States and of this state, and to perform the duties of his office to the best of his ability. In addition to this, the constitution requires that the officers of the executive and judicial departments, and the members of the legislature, shall take oath that, at the election at which they were chosen, they did not improperly influence the vote of any elector, and that they have not accepted, and will not accept or receive, either directly or indirectly, any money or other valuable thing, from any person or corporation, or any promise of office, for any official act or influence. A refusal to take this oath forfeits the office.

OFFICIAL BONDS.

   All officers of the state, district, county, city, village, township, and precinct, who are authorized to handle the public money, or to handle money in process of judicial collection, are required to give bonds for the safety of the money. The bonds of the officers of the executive department of the state are in the sum of fifty thousand dollars. Treasurers' bonds are usually fixed, as near as

 

may be, at twice the amount of money that will probably be in their hands at any one time. The bonds of other officers are fixed at such sums as will insure the safe and honest keeping of the money. The bonds are signed by friends of the officers, who have faith in their honesty.

BOUNTIES.

   Coal. The state pays a bounty upon the discovery of a vein of coal that can be profitably worked. If the vein is twenty-six inches thick, the bounty is two thousand dollars, and if it is three feet thick, the bounty is four thousand dollars. Proof of the discovery must be presented to the Governor, who thereupon appoints a commissioner to make an examination of the vein. If his report is favorable, the bounty is paid. The person who receives the bounty must have kept a record of the strata of earth and rock through which he bored, and the record must be deposited in the office of the secretary of state for the use of the state. Such record will be valuable hereafter in determining the geologic foundations of the state.

   Iron Ore. A bounty is also offered by the state for the discovery of veins of iron ore that can be worked with profit. The bounty is two thousand dollars for a vein of iron ore one foot thick. The bounty is obtained in the same manner and under the same conditions as are required in the ease of bounty for coal.

   Wild animals. The state also offers a bounty of one dollar for the scalp of any wolf, wildcat, or coyote, and three dollars for a mountain lion, killed in the state. The scalp must, be presented to the county clerk of any county, who destroys the scalp. The county pays the bounty and is re-imbursed by the state. There is a penalty for driving, baiting, or enticing any of the animals named into the state. The fine is not less than twenty-five dollars, nor more than one hundred dollars.

 

   In addition to this bounty, the state authorizes any county to give a bounty to anyone who kills a wildcat, wolf or coyote in the state. A majority of the voters of any county may decide at an election whether or not a bounty shall be offered. The bounty may be two dollars a head for each of the animals named. The scalp of the animal killed must be presented to the county clerk in order to entitle anyone to the bounty. Upon payment of the bounty, the county clerk cuts the scalp into two pieces, so as to separate the two ears and to prevent its use a second time. The county board is required to call an election upon the offering of this bounty, whenever so petitioned by fifty free-holders of the county.

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QUESTIONS.

   1.  Why is some property exempt from execution?
   2.  What real estate is so exempt?
   3.  What personal property?
   4.  What exceptions are thereto these rules?
   5.  What is a mechanic's lien, and who may have one?
   6.  What oaths are required of persons before accepting office?
   7.  What officers give bonds? in what amounts?
   8.  What bounty is offered for the discovery of coal?
   9.  How is it obtained?
   10. What bounty is offered for the discovery of iron ore, and how is it obtained?
   11. What bounty is offered for killing wild animals?
   12. By whom is this bounty offered?

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CHAPTER II.--AGRICULTURAL INTERESTS.

   State Agricultural Society. This is composed of the successors to the original twenty-seven incorporators of 1858, together with the president of each county society, or a delegate from each county society. The officers are elected annually, and consist of a president, vice presidents, secretary, treasurer, and a board of directors. The   official title of the society is "The State

 

Board of Agriculture. The board reports to the Governor, annually, the proceedings of the society, with a bill of items showing the money received and paid out, giving a general view of the condition of agriculture throughout the state, and recommending such measures as it may deem for the best interest of the agricultural industry of the state. The reports of the board are printed annually at the expense of the state, and are distributed to the society, to county societies, and to officers of the state and county. The state appropriates two thousand dollars, annually, for awards of premiums in the various branches of agriculture. This board has control of the state fair, which it holds each year. It may locate the fair at one place for a period of five years. The annual meeting is held at Lincoln on the third Tuesday of January.

   State Horticultural Society. This society meets annually at Lincoln, on the third Wednesday of January. Its officers are elected at that meeting, and they consist of a president, vice president, secretary, treasurer and aboard of directors. The society encourages the organization of district societies and county societies, giving them representation in its deliberations, and it aims to advance the interest of fruits and forests in the state. The secretary makes an annual report to the Governor, with an itemized statement of the money received and expended, a view of the condition of horticulture throughout the state, and such recommendations as he may deem useful. The report is printed at the expense of the state, and is distributed to the society and to state and county officers. The state appropriates one thousand dollars a year for payment of premiums awarded in the various branches of horticulture.

   County Societies. Twenty or more residents of a county may organize a society for the improvement of

 

agriculture within that county, by the adoption of a constitution and by-laws. County fairs are annually held by these societies and premium awarded for the improvement of soil, crop, tillage, manure, implements, stock, articles of domestic industry, and for such other articles, productions and improvements, as the society shall deem proper, and it may perform all such acts as it may deem best calculated to promote the agricultural and manufacturing interests of the county and state. The society may have such officers as its constitution may provide for. These are usually a president, vice-president, secretary, treasurer and a board of directors, and the officers are usually elected annually. The society must annually publish a list of its award of premiums, and an abstract of the treasurer's account. It must also make an annual report to the state board upon the condition of agriculture in the county, and such other matters as it deems worthy to be communicated. Each society may own real estate, not exceeding one hundred and sixty acres of land, for a fair ground. The county board is authorized to appropriate to the use and benefit of the county society an amount not exceeding one hundred dollars for each thousand inhabitants of the county, and such money must be used for fitting up the fair grounds, solely. Such appropriation cannot exceed one thousand dollars in any county. A full report of the expenditure of the money shall be made to the county board. Whenever a duly organized county society shall have in its treasury the sum of fifty dollars, the county clerk is directed to draw a warrant annually on the county treasurer in favor of such society for the sum of three cents for each inhabitant of said county, on the basis of live inhabitants for each vote cast in the county for member of Congress, at the last election for said offices, and it is made the duty of the treasurer to pay the warrant.

 

   Sheep Inspectors. Upon a petition of a majority of the owners of sheep in a county, the county board shall appoint some suitable person a sheep inspector for that county, and he holds his office for two years. He must be a resident of the county, must take the usual oath of office, and must give bond in the sum of one thousand dollars, for the faithful performance of his duties. It is the duty of this officer to inspect flocks of sheep suspected of being infected with any disease. When flocks are found to be infected by any contagious disease, he shall define the limits of their range and feeding grounds, and may take efficient measures to prevent the spread of the disease. Between the 15th day of May and the 15th day of August he must inspect carefully every flock of sheep kept in the county, and satisfy himself of its condition. He must inspect sheep upon complaint, and also upon their arrival in the county. He must keep a record of all his official acts and proceedings.

   Fences. No one is obliged to build fences for the protection of his premises from cattle, or other animals, inasmuch as no such animals are permitted to run at large. He must build fences to restrain his own cattle, or other animals, from trespassing upon others. When two persons, whose lands adjoin, desire to enclose the same, each must build one-half of the partition fence, unless they can arrange it differently. The justices of the peace are fence-viewers of their precincts or townships, and, in case of disagreement on the part of adjoining owners of land about their fences, the fence-viewers may be called in to settle it. If a person, who has had his land enclosed and has maintained a share of a partition fence with his neighbor, desires to throw his land open, and to remove the partition fence, he must give his neighbor sixty days notice before be can remove his fence.
   Owners of land that border upon the public highway may plant and cultivate a live fence of hedge or other live

 

plants, and may enclose it by a fence so far in the public highway as may be necessary to protect the plants until they attain their maturity.

   Animals Running at Large. No one may permit to roam at large, nor drive through the state, any cattle affected by any contagious or infectious disease. Cattle, horses, mules, swine and sheep are forbidden to roam at large upon the cultivated land of another, and the owners of such animals are liable for all damage committed by such animals upon the cultivated lands of another.

   Estrays. The owner or occupant of land has the right to take up and confine any horse, mule, ass, neat cattle, sheep or swine found within any of his enclosures at any season of the year. He must send a description of the estray to the county clerk within fen days after taking it up, and within twenty days thereafter procure the publication of such description in a newspaper of the county. The owner of the estray may reclaim the animal at any time by proving property, paying for the advertisement and reasonable expenses incurred by the person who took it up. In case of disagreement as to that amount, each selects a disinterested arbitrator and those two select a third. The award of the arbitrators is final. If the estray is a sheep, swine, or calf under the age of one year, and is not reclaimed at the end of six months after the advertisement, the estray becomes the property of the person who took it up. If the estray is a horse, mule, ass, bull. cow, or steer, over the age of one year, and is not reclaimed within six months after it was advertised, the person who took it up must notify a justice of the peace of the county of the facts, and the justice must appoint two disinterested persons, who, after being sworn, shall, on view of the animal, appraise the same at its true value, and make return thereof, in writing, to the justice. The justice then appoints a day of sale, and publishes notices of the same in a newspaper of the coun-

 

ty for five weeks, and posts up three written or printed notices in the precinct or township. Out of the proceeds of the sale, all the costs of taking up, advertising, keeping, appraising and selling are paid, and the balance is deposited in the county treasury for the owner. The animal must sell for two-thirds of its appraised value. If the appraisers determine that the animal will not sell for enough to defray the expenses of the sale, the one who took it up pays expenses so far made, and keeps the animal.

   Weights and Measures. The statute determines how many pounds of any grain shall make a bushel, and what shall be the cubic contents of any measure.
   A bushel contains two thousand, one hundred and fifty cubic inches; it half-bushel, peck, and half-peck each a proper proportion of a bushel.
   A gallon consists of two hundred and thirty-one cubic inches.
   A pound avoirdupois consists of seven thousand grains of Troy weight.
   A ton consists of two thousand pounds, avoirdupois.
   A bushel of each of the articles named below consists of the number of pounds set after each name.

Apples, dried	24 lbs.	Potatoes, common	60 lbs.
Barley	48  "	Potatoes, sweet	50  "
Beans, castor	46  "	Peas	60  "
Beans, white	60  "	Rye	66  "
Bran	20  "	Salt	50  "
Buckwheat	52  "	Seeds, blue grass	14  "
Coal, "stone"	80  "	"  clover	60  "
Corn, ear	70  "	"  flax	56  "
Corn, shelled	56  "	"  hemp	44  "
Cornmeal	50  "	"  Hung. grass	50  "
Hair for plastering	8  "	"  millet	50  "
Lime, unslacked	80  "	"  osage orange	32  "
Malt, barley	30  "	"  sorghum	30  "
Oats	82  "	"  timothy grass	45  "
Onions	57  "	"  turnips	55  "
Onions, sets	25  "	Wheat	60  "
Peaches, dried	33  "

   Two thousand pounds of hay make a ton.
   Twelve pounds of honey make a gallon.

   Stock Brands. Any person who owns live stock has the right to adopt a brand or ear mark for the same, for the use of which he shall have the exclusive right in the county where it is recorded. He must make and sign a certificate setting forth a facsimile and description of the brand or ear mark, and file the same in the office of the county clerk, where he desires to use the brand. In case there is a conflict as to the brand--any dispute--between any two who have adopted the same brand,--the county clerk and two stock owners of the county, to be appointed by the board, may decide all matters of the same, and determine who has the priority in the selection of a brand or ear mark.

   Live Stock Sanitary Commission. The Governor and senate appoint a commission of three men who are engaged in stock grazing, and who hold their office two years. The Governor and senate also appoint a veterinary surgeon, who holds his office two years and is secretary of the commission. He must be a graduate of a recognized college of veterinary surgery, and have had three years practice therein since graduation. Under the direction of the commission, the surgeon investigates all cases of contagious and infectious diseases among the domestic animals of the state. He also makes a scientific study of all diseases of domestic animals with reference to ascertaining their causes and the means of cure and prevention. He reports to the Governor annually. The commissioners establish and enforce regulations of quarantine and may kill animals infected so as to prevent the spread of the disease.

   Game Laws. It is unlawful to hill or capture, except for taming, any wild buffalo, elk, mountain sheep, deer or antelope, between January 1, and October 1, of each year.

 

   It is also unlawful to kill or trap wild grouse between February 1, and September 1, of each year.
   It is also unlawful to kill or trap quail or wild turkey between January 1, and October 1, of each year.
   To have in one's possession any of the animals or birds named, during the time that their killing is unlawful, and is evidence of killing or trapping. The punishment is by fine and imprisonment.
   It is also unlawful to catch any fish, in any waters of the state, at any season of the year, in any manner other than by hook and line, spear or fork. The fine is not less than five dollars and the imprisonment not less than ten days.

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QUESTIONS.

   1.  Describe the State Agricultural society.
   2.  What reports does it make, and how is it supported?
   3.  Describe the State Horticultural society.
   4.  What reports does it make, and how is it supported?
   5.  How are County Agricultural societies organized?
   6.  What officers do they have?
   7.  How may it be, assisted by the county?
   8.  When may sheep inspectors be appointed and how?
   9.  What duties have those officers?
   10. What is the law in regard to fences against stock?
   11. What is the law in regard to division fences?
   12. Who are liable for the damages done by stock while running at large?
   13. When persons take up estrays, what is their duty?
   14. How may owners redeem?
   15. When and how are estrays sold?
   16. Give the cubic contents of it bushel.
   17. Give the weight, in pounds, of a bushel of the various kinds of merchandise.
   18. Who may adopt a brand, or ear mark. and how?
   19. How are disputes settled?
   20. What about the live stock sanitary commission?
   21. What is the game law as to wild animals?
   22. What is the game law as to wild birds?
   23. What is the game law as to fish?

 

CHAPTER III.--CORPORATIONS.

GENERAL.

   Purpose. There are many business enterprises that require a large amount of capital--a larger amount than any one man, sometimes more than many men, are able to supply. Such are building and operating railroads, telegraph lines and telephone lines; operating mines, banks, insurance companies, and some branches of manufacturing industry. When a railroad costs sixty thousand dollars a mile to build and supply with cars, engines, depots, etc., a few miles would exhaust the fortune of the richest man. For the purpose of engaging in these enterprises, many men, sometimes thousands of men, contribute to a common fund, until money enough is secured for the business. A partnership cannot well be formed with so many members, so the law provides a method by which the work can be done.

   Powers. A corporation organized for the transaction of business adopts a name, which usually indicates the nature of the business. It may sue and be sued in its corporate name, and it may buy, own, use and sell real estate as the needs of the business may require. It has a seal if it wants one. It elects or appoints agents or officers, through whom it does its business; and it makes rules and regulations for the government of its agents and officers.

   How Formed. When a number of persons determine to organize a corporation, they draw up articles of incorporation, which answers the purpose of a constitution to the state. These articles usually set out fully the object of the corporation; the amount of money, or capital stock, that forms the general fund for its business, into how many shares this capital stock is divided and the value of each share; the highest amount of indebted-

 

ness that it can incur; by what officers or agents the business may be conducted, and such other matters as they may consider needful. Corporations for building railroads, telegraph and telephone lines must file a copy of their articles of incorporation in the office of the secretary of state. Corporations, whose business is local to any particular county, must file a copy of their articles of incorporation in the office of the county clerk of that county.
   A notice of such incorporation must be published near to the principal place of business, for four weeks. This notice must state
   (a.) The name of the corporation.
   (b.) The principal place of transacting its business.
   (c.) The general nature of the business to be transacted.
   (d.) The amount of capital stock authorized, together with the time and conditions of payment for the same.
   (e.) The dates that the corporation begins and ends.
   (f.) The highest amount of indebtedness to which it may subject itself.
   (g.) By what officers, or agents, the affairs of the corporation shall be conducted.

   How Managed. Usually the business of corporations is conducted by a small number, usually from five to fifteen, who must be members and who are called the board of directors. This board usually elects a president, vice president if needed, a secretary, a treasurer and such other managers as are needed. The four officers named are necessarily members of the board, and stockholders; it is not necessary that other officers or agents should be. The officers and agents are responsible to the board of directors, and the board is responsible to the stock-holders.

   Stock. Usually, any person may take as many shares

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of stock as he wishes and can pay for. All stock-holders are entitled to participate in all the meetings of the corporation and are entitled to one vote for each share of stock that they may own. These shares are assignable. In some corporations, they are assignable by written assignment and delivery. In others, no assignment is valid till it has been reported to the secretary so that his books can always show the ownership of stock. In still others, no assignment is valid until it is assented to by the board of directors or by the stockholders, in order that parties undesirable may not become members. Owners of stock are responsible for the debts of the corporation to the extent of the amount unpaid on their stock. If their stock is fully paid for, they cannot be held liable for any debts that the corporation may incur. The creditors must look to the property of the corporation for pay.

   Notice. Once a year, each corporation must publish a notice, stating all its existing debts, and such notice must be signed by the president and by a majority of the board of directors. This notice is necessary to protect creditors, as they have to look to the property of the corporation for their pay and they are entitled to know the condition of its affairs.

   Dissolved. A corporation may be dissolved at the end of its term, without any action on the part of its members, and at any prior time by the consent of two-thirds of its members.

RAILROAD COMPANIES.

   How Formed. These corporations are formed in much the same way as other corporations. When they frame their articles of incorporation, the incorporators must sign certificates setting forth:
   (a.) The name by which the company is to be known.

 

   (b.) The names of the places of the live ends of the contemplated road, and the names of the counties through which it is to pass.
   (c.) The amount of capital stock necessary to construct the road.
   The certificate must be duly acknowledged before a notary public and certified to by the clerk of the district court of the county in which its principal place of business is situated. This certificate must also be recorded in the office of the secretary of state.

   Authority and Power. (a.) The company has power to lay out, locate, construct, furnish, maintain and operate a railroad between the places named in the certificate.
   (b.) The company has the right to take land of any person for the use of the road. For this purpose three appraisers are selected who appraise the value of the land. Either party may appeal from the judgment of the appraisers to the district court. The value of the land taken, as ascertained by the appraisers, or in the district court, must be paid before the land can be used.

   Duties. (a.) When one man owns land on both sides of a road, adjoining the track, the company must put in and maintain a crossing at a convenient point for the accommodation of the owner of the land.
   (b.) It must fence its track so as to prevent stock wandering upon it.
   (c.) It must pay all damages to persons or property caused by the negligence of its employes.
   (d.) It must carry all freight that is offered, at reasonable rates, and safely, under such reasonable rules and regulations as it may adopt.
   (e.) It must run its cars for the transportation of passengers and freight, at regular times, to be fixed by public notice.

 

   (f.) It must furnish sufficient accommodations for the transportation of all passengers and freight offered.
   (g.) It is liable to all the duties and obligations of common carriers.

MISCELLANEOUS.

   Educational. Any number of persons may organize for the establishment of a University, College, Normal school, Academy, or other educational institution, in much the same manner as set out above for the organization of general corporations, and with much the same effect. The details are different and less numerous.

   Scientific, Religious, etc. In the same way, a religious denomination, or sect, may organize a church, and persons interested in literary and scientific subjects, and benevolent objects, may form such associations as will tend to promote them. The organizations are much less rigorous than those treated of in the paragraph above.

   Cemeteries. Associations are often formed for the purchase of cemetery grounds and for the lease and sale of lots to the public. All the property of these associations are exempt from taxation, execution and appropriation for public purposes, and the proceeds of the sale of lots must be devoted to the adornment and improvement of the grounds.

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QUESTIONS.

   1.  What is a corporation and its object?
   2.  What are its powers?
   3.  How is it formed?
   4.  What notice does it have to publish?
   5.  How are corporations managed?
   6.  What is said about the stock of corporations?
   7.  What notice is required annually and why?
   8.  How are corporations dissolved?
   9.  How are railroad companies formed?
   10. State the contents of the certificate.
   11. What are the authority and power of such a company

 

   12. What are its duties?
   13. How are educational corporations formed?
   14. How scientific and religious?
   15. How cemetery associations?

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CHAPTER IV.--CONVENANCE OF PROPERTY

REAL ESTATE.

   Division of Subject. There are four methods of conveying real property: (1) by deed; (2) by will; (3) by inheritance; (4) by decree of the court, (or by operation of law).

   1. By Deed. This is a writing, stating the name of the person who conveys, the person to whom the property is conveyed, a description of the property, and words of conveyance. These words are those generally used in deeds, such as, "do hereby sell, grant and convey," or words of similar import.

   OTHER REQUISITES. In addition to this writing, the conveyance is not completed until three things are done. (1) The deed must be witnessed by at least one reliable person, who shall sign his name as a witness. (2) The grantor, or person who sells, must appear before an officer, a notary public or judicial officer, and acknowledge that the deed is his deliberate act. (3) The deed must be delivered.

   2. By Will. (a.) WHO MAY MAKE A WILL. Any person of full age and of sound mind may make a will before his death, and in which he may convey real estate to anyone named therein.

   (b.) REQUISITES. The will must be in writing, signed by himself or by some one for him in his presence, and signed in his presence by two disinterested witnesses.

   (c.) PROBATE. Upon the death of the person making the will, the will is filed in the county court and is proved by competent witnesses to be the instrument that it pre-

 

tends to be. Upon such proof, the will is recorded in the office of the clerk of the court, as deeds are recorded, and the conveyance of the property becomes complete.

   (d.) LIMITATIONS. (1) No man can, by will, prevent the subjection of all his property to the payment of his debts.
   (2) No man can, by will, deprive his widow, if he leaves one, of her right of dower in the land.

   (3). By Inheritance. In case the owner of real estate dies without having made a will, the statute provides who shall possess and own it, after all his debts and costs of administering upon the estate are paid.
      (a.) The widow, if any, is entitled to dower, that is, the use, during her natural life, of one-third of the real estate, and the use of the homestead, or residence, one year without charge.
      (b.) If the deceased leave no children, then the whole estate descends to the widow, if he leave one, during her natural life.
      (c.) If he leaves children, the estate descends to all the children in equal shares, subject to the widow's dower.
      (d.) If the deceased leave no children, and leave a father alive, the father takes the estate after the death of the widow. If he also leave no widow, the father takes the estate at the death of the deceased.
      (e.) If he leave neither widow, children nor father, his mother, if living, and his brothers and sisters take it in equal shares.
      (f.) If he leave neither widow, children, father, brother or sister, and leave a mother, she takes it.
      (g.) If he leave none of the relatives named above, the property descends to any remote relative, next of kin, in equal degree.
      (h.) If he leave a widow, but no kindred, the estate descends to the widow.

 

      (i.) If no relatives are found, and no widow, the estate escheats to the State.
      (j.) In all cases where a person, if living, would be entitled to receive a share in an estate, but has died and left children alive, these children will take and divide among them the share of their parent.

   NOTE. There is no provision for any record to be made in the clerk's office showing the decease of any owner of real estate and its inheritance by any one.

   (4). By Decree of the Court. (Or by operation of law.)

   (a.) DIRECT CONVEYANCE. -Where a person, owning real estate, agrees to convey to another party, and then refuses to do so, the other party may sue for the performance of the contract. The court will decree that the defendant shall make a deed within a certain time, about 20 days after the decree, and that, in case he still refuses or neglects to do so, the decree shall stand as a conveyance. If the deed is not made by the defendant, the other party has the decree recorded in the deed record, and that gives him title its perfect as the deed could give.

   (b.) INDIRECT CONVEYANCE. If a judgment for money is rendered against a person who is the owner of real estate, other than his homestead, and he does not pay the judgment, the court will issue an execution, directing the sheriff to levy on any property of the defendant, and to sell the same for the payment of the judgment. The sheriff must levy upon personal property, if he can find any. If he does not find enough personal property, he will levy upon real estate. This he will advertise for sale, and will sell it, or as much of it as is needed to pay the judgment and costs. After the sale, the sheriff reports to the court what he has done, showing all his acts. If the court finds that all the acts of the sheriff in the sale have been legal, it will confirm the sale, and order the sheriff to make a deed to the purchaser.

 

   CONTENTS OF DEED. In addition to the statements usually inserted in a deed, a sheriff's deed contains statements of the judgment, its amount, the levy and sale and confirmation by the court; and it conveys only the interest which the defendant had in the land.

OF PERSONAL PROPERTY.

   The conveyance of personal property may be made in the same way as real estate, but there is not required so much formality about it.

   Bill of Sale. A bill of sale is an informal writing conveying personal property but it need not be acknowledged, witnessed nor recorded.

   Delivery. The usual mode of conveyance of this species of property is by delivery. This is effectual and all that is usually needed.

   Wills. Personal property may be conveyed by will, as real estate may be, but it is seldom done except in the case of valuable heirlooms, or gifts, which the deceased desires to descend to certain heirs.

   Inheritance. When a person dies without having made his will, (a.) the widow, if there be one, is allowed all the articles of wearing apparel and ornaments of the family of the deceased, all the household furniture to the amount of $250, and other personal property to the value of $200.
   (b.) The widow and minor children are entitled to an allowance for their maintenance during the settlement of the estate.
   (c.) After these allowances are made, all the debts of the deceased paid, including expenses of his fast sickness and burial, and the costs of the settlement of the estate, then the property descends in the same manner, in the same proportion and to the same persons that real estate will descend, except that the widow takes a share equally with the children, and absolutely.

 

   Decree of Court. (a.) DIRECT. It is not often that a decree of a court can reach personal property, and compel its conveyance, upon a refusal of a person to convey. It is so easy to remove personal property from the jurisdiction of a court.
   (b.) INDIRECT. Personal property is seized on execution and sold the same as real estate, and with like effect. Usually, and practically, possession is given at once on the sale and no decree of the court is needed to convey title.

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QUESTIONS.

   1.  How many methods are there of conveying real property and what are they?
   2.  What is a deed?
   3.  What are the requisites of a deed?
   4.  Who may make a will?
   5.  What are the requisites of a will?
   6.  How is a will probated?
   7.  What are the limitations upon a will?
   8.  Give the various channels for the descent of real property by inheritance.
   9.  When is property conveyed by a direct decree of a court?
   10. When by indirect decree?
   11. What is a bill of sale?
   12. What is the usual method of conveying personal property?
   13. May personal property be conveyed by will?
   14. Upon the death of a person who dies possessed of personal property, what allowances are made from that property?
   15. How does personal property descend by inheritance?
   16. How is personal property conveyed by decree of the court?

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CHAPTER V.--CRIMINAL LAWS.

   In former chapters, the word "crime" has been used, and it has been shown that persons who commit crimes or liable to be punished. Nowhere has there been a statement as to what a crime is and why one who commits it is punished by society. It is time for such a statement to be made.

 

   Some Reasons. The bill of rights declares that all persons are created free and with certain rights: such as the right to life, liberty and the pursuit of happiness. In all free governments it is recognized that the people who are governed have as many and the same rights as those who govern, and that the declarations of the bill of rights form a true basis for all governments. All such governments agree that, for violation of any of these rights, some punishment should be inflicted. This punishment should be of such a kind and of such a quantity as to deter others from the commission of the crime. As the right that is violated is important or not important, so the punishment should be heavy or light.

   Life is the most important and precious of these rights. Its violation is called a capital crime--a crime that stands at the head of the list. The right to our liberty is also important and for its violation the punishment is severe. The ownership, possession and enjoyment of property is one of the means used in the pursuit of happiness. It is a means so important that violations of it are visited with severe penalties.

   These violations of rights also endanger the peace and stability of government. No steady government can exist where these rights are not respected and protected. If persons are allowed, without hindrance or fear of punishment, to destroy the life of another, deprive another of his liberty, or set at naught all property rights, no one knows how soon be may be dealt with in this way, and he will take active means of protection; and injured parties will often resort to measures of retaliation. When persons are thus thrown upon their own individual efforts for their protection and vengeance, government becomes a mob; it is not a government, for no one is governed. We thus see that all crime weakens society, and all criminals are enemies of a good government.

 

   Organization into societies is one of the means whereby people secure the rights which have been mentioned. It is found that society can better deal with crimes and criminals, and can better secure the enjoyment of natural rights than individuals can for themselves. In the organization of society there is an agreement upon the part of each individual that the society, as a body, shall repress and punish crime. The government undertakes to do this.
   Thus, we find that a crime, in its general sense, is an act that violates one of the natural rights of another. Punishments are inflicted in order to deter others from a like act, as well as to make the criminal feel the vengeance of outraged law. As all crime is an attack upon organized society, just as an attack upon a fort is an attack upon the army that is within it, society has the right, in order to its own preservation, to punish the offender. It has the duty as well as the right.
   Upon an analysis of most of the crimes, it will be found that there are few, if any, which do not endanger the existence of government; some more directly than others.

   Crimes defined. Before stating the punishments that are inflicted upon criminals in this state, a definition of some of the crimes is proper.

   The bill of rights defines Treason as "levying war against the state, or in adhering to its enemies," This crime is called the greatest crime known to the law. It is a direct and positive attempt to break up the government, or to weaken its powers. It leads, directly or indirectly, to murder, arson, and to a destruction of nearly all the other rights of persons, either of liberty or property. It is a combination of nearly all the crimes.

   Murder is the highest and gravest simple crime. It is the deliberate and intentional killing of a human being. When there are any excusing circumstances, the crime becomes MURDER IN THE SECOND DEGREE, or MANSLAUGHTER.

 

   An assault is a physical attack upon another person. If the assault is for the purpose of killing, of doing a great bodily harm, or of committing a robbery or other high crime, the punishment is severe. If the assault is for the simple purpose of beating the other person, it is called an assault and battery and the punishment is lighter.

   To maim (mayhem was the old name) is to disfigure, as to bite or cut off an ear, finger or other part of a member of the body. This is punished severely as the act is a severe menace upon the right to life.

   Arson is the intentional burning of a dwelling house, or other building, of another.

   Burglary is the forcible breaking into and entering the dwelling house of another, in the night time, with the intent to commit a crime.

   Robbery is the intentional and forcible taking of the personal property of another, in his presence and against his will.

   Larceny is the intentional taking of the personal property of another with the intent to deprive him of its use permanently. If the amount taken is $35, or more, it is GRAND LARCENY; if less than $35, it is PETIT LARCENY. This is the law term for theft and stealing.

   Embezzlement is the intentional using of the property of another, by one to whom it had been entrusted, with intent to devote it to one's own benefit. This crime can be committed by those only to whom such property has been committed for safe keeping. It is the modern term for a "breach of trust."

   Forgery is the making an instrument in writing purporting to be the instrument of another, with intent to defraud. When a person signs to a note, or other instrument, the name of another person, with intent to secure the money thereon, in order to defraud that person or any other person, that is one form of forgery,

 

   Perjury is willful and false swearing to a material matter when the oath is legally administered. Subornation of perjury is inducing or procuring any one to swear falsely,

   Bribery is the taking or offering to take money or other valuable thing by a public officer or servant, for his official action. Those who give or offer to give the money are also guilty of bribery.

   Bigamy is the marrying or having two or more wives at one and the same time. It is also applied to women who have two husbands at the same time. The family relation is the basis of civil society, and this crime strikes at that basis, by perverting and destroying the family.

   A Libel is a written or printed statement concerning another and intended to injure his character or standing with his neighbors. In this sense, it tends to violate a person's pursuit of happiness. As it naturally tends to a breach of the peace, by offering provocation for an assault and battery, it menaces society, as an organized body

PENALTIES.

   The laws of the state define the different crimes and fix the penalty to be imposed for the commission of them. To define a crime is to state what facts constitute a crime. In this section the crimes will not be defined; they will be stated by their usual names. The punishment which the statute prescribes for each crime is as follows:
   1. Murder in the first degree; death.
   2. Murder in the second degree; imprisonment in the penitentiary for a period not less than ten years or during life.
   3. Manslaughter; imprisonment in the penitentiary not less than one year nor more than ten years.
   4. Prize Fighting; same as for manslaughter.
   5. Aiding or Abetting Prize Fighting; a fine of not less

 

than five dollars and not more than one hundred dollars, and imprisonment in jail for a period of not less than ten days and not more than three months.
   6.  Fighting a Duel; imprisonment in the penitentiary not less than one year and not more than ten years.
   7.  Fighting with Fists; a fine not to exceed fifty dollars, or imprisonment in jail not to exceed ten days, or both fine and imprisonment.
   8.  Robbery; imprisonment in the penitentiary a term not less than three years nor more than fifteen years.
   9.  Felonious Assault; imprisonment in the penitentiary not less than two years nor more than fifteen years.
   10. Maiming or disfiguring another; imprisonment in the penitentiary not less than one year nor more than twenty years.
   11. Shooting or Stabbing; same as above.
   12. Assault and Battery; a fine not exceeding fifty dollars or imprisonment in jail not exceeding three months, or both fine and imprisonment.
   13. Kidnapping; imprisonment in the penitentiary not less than three years nor more than seven years.
   14. False Imprisonment; a fine not exceeding five hundred dollars, or imprisonment in jail not exceeding one year.
   15. Child Stealing; imprisonment in the penitentiary not less than one year nor more than seven years.
   16. Aiding Child Stealing; same punishment as above.
   17. Treason; imprisonment in the penitentiary during life.
   18. Aiding Treason; imprisonment in the penitentiary not less than ten years nor more than twenty years.
   19. Carrying Concealed Weapons; a fine not exceeding one hundred dollars, or imprisonment in jail not exceeding three months, or both fine and imprisonment.
   20. Unlawful Assembly; a fine not exceeding one hun-

 

dred dollars and imprisonment in jail not more than three months.
   21. Riot; a fine not exceeding one hundred dollars and imprisonment in jail not exceeding three months.
   22. Refusing to Assist in the Dispersion of Riots when legally called on; a fine not exceeding twenty-five dollars.
   23. Resisting an Officer; a fine not exceeding one hundred dollars or imprisonment in jail not exceeding three months, or both fine and imprisonment.
   24. Disturbing a Religious Meeting; a fine not exceeding twenty dollars.
   25. Exciting a Disturbance at any gathering of citizens; a fine not less than fifty cents and not exceeding five dollars, and imprisonment.
   26. Disturbing a School or literary society; a fine not less than five dollars nor more than twenty dollars.
   27. Molesting County Surveyor; a fine not more than one hundred dollars.
   28. Unlawfully Influencing a Juror, witness or officer of a court; a fine not exceeding one hundred dollars, or imprisonment not exceeding twenty days, or both fine and imprisonment.
   29. Poisoning with intent to kill; imprisonment in the penitentiary not less than two years, nor more than fifteen years.
   30. Advertising a Secret Medicine; a fine not exceeding one hundred dollars.
   31. Failure of Druggist to keep the proper register of poisons sold; a fine not less than twenty dollars, nor more than one hundred dollars.
   32. Sending Threatening Letters; a fine not less than fifty dollars nor more than five hundred dollars, or imprisonment in jail not exceeding ten days, or both fine and imprisonment.
   33. Libel; a fine not exceeding five hundred dollars,

 

or imprisonment in jail not exceeding six months, or both fine and imprisonment.
   34. Burglary; imprisonment in the penitentiary not less than one year, nor more than ten years.
   35. Entering Buildings in the Daytime to commit a felony imprisonment in the penitentiary not less than one year nor more than ten years.
   36. Possession of Burglar's Tools; treated as a vagrant and imprisoned in the penitentiary not more than two years.
   37. Entering a Building in the Night-time and attempting to commit personal violence; a fine not exceeding three hundred dollars and imprisonment in jail not more than thirty days.
   38. Arson; imprisonment in the penitentiary not less than one year and not more than twenty years.
   39. Attempting to Commit Arson; imprisonment in the penitentiary at hard labor not less than one year nor more than seven years.
   40. Burning Insured Buildings in order to secure the insurance money; imprisonment in the penitentiary not less than one year nor more than twenty years.
   41. Maliciously Setting Fire to hay or other farm products; imprisonment in the penitentiary not less than one year nor more than ten years.
   42. Negligently Setting Fire to woods or prairies; a fine not less than five dollars nor more than one hundred dollars.
   43. Altering Mark or Brand of an animal; a fine not exceeding fifty dollars.
   44. Killing or Injuring Animals; a fine not less than five dollars nor more than one hundred dollars, or imprisonment in jail not exceeding three months, or both fine and imprisonment.
   45. Poisoning Animals; a fine of one hundred dollars or imprisonment in jail not more than thirty days.

 

   46. Cruelty to Animals; a fine not less than five dollars nor more than fifty dollars.
   47. Cock Fighting; a fine not exceeding twenty dollars.
   48. Horse Racing on the Public Road; a fine not less than one dollar nor more than five dollars.
   49. Spreading Disease among Sheep; a fine not less than twenty dollars nor more than one hundred dollars and imprisonment in jail not exceeding three months.
   50. Selling Diseased Animals, or allowing them to run at large; a fine not less than twenty dollars nor more than one hundred dollars, or confinement in jail not exceeding three months.
   51. Breaking Open or Injuring Cattle Pound; a fine not less than five dollars nor more than one hundred dollars.
   52. Stealing Honey or Bees, directly or by decoy; a fine not exceeding one hundred dollars and confinement in jail not more than thirty days.
   53. Killing Birds out of Season; a fine not less than three dollars nor more than ten dollars for each bird so killed.
   54. Hunting Muskrats, Mink or Otter on the land of another; a fine not exceeding twenty dollars.
   55. Interfering with Private Fish Pond; a fine not less than ten dollars nor more than one hundred dollars.
   56. Injuring Fruit Trees, on the land of another; a fine not less than five dollars nor more than one hundred dollars.
   57. Injuring Ornamental Trees, on streets or commons; a fine not less than five dollars and not more than one hundred dollars.
   58. Injuring or Obstructing Railroads; imprisonment in the penitentiary not less than one year nor more than twenty years.
   59. Injuring Telegraph Wires or fixtures; a fine not less than ten dollars nor more than five hundred dollars.
   60. Injury to Tombstones or Cemetery Property; a fine not  

13

 

less than five dollars, and not more than five hundred dollars, or by imprisonment in jail not more than thirty days.
   61. Injury to Bridges, Fences or guide boards; a fine not exceeding five hundred dollars, or imprisonment in jail not more than thirty days, or both fine and imprisonment.
   62. Grand Larceny; imprisonment in the penitentiary not less than one year nor more than seven years.
   63. Petit Larceny; a fine not exceeding one hundred dollars, or imprisonment in jail not exceeding thirty days.
   64. Receiving Stolen Goods, or harboring the thief: imprisonment in the penitentiary not less than one year nor, more than seven years.
   65. Horse Stealing; imprisonment in the penitentiary not less than three years nor more than fifteen years.
   66. Embezzlement of money or property; the same punishment as for larceny.
   67. Selling Land Without Title; imprisonment in the penitentiary not exceeding six years.
   68. Forgery; imprisonment in the penitentiary not less than one year nor more than twenty years, and a fine not exceeding five hundred dollars.
   69. Perjury; imprisonment in the penitentiary not less than one year nor more than fourteen years.
   70. Usurpation of Office; a fine not more than two hundred dollars, or imprisonment in jail not more than ten days, or both fine and imprisonment.
   71. Bribery and accepting bribes; imprisonment in the penitentiary not less than one year nor more than five years.
   72. Bigamy; imprisonment in the penitentiary not less than one year nor more than seven years.
   73. Gambling; a fine not exceeding one hundred dollars or confinement in jail not more than three months.
   74. Selling diseased provisions or eatables; a fine not exceeding fifty dollars.

 

   75. Selling lottery tickets; a fine not exceeding five hundred dollars, or imprisonment not exceeding six months, or both fine and imprisonment.
   76. Selling intoxicating liquor without a license; a fine not less than one hundred dollars nor more than five hundred dollars, or confinement in jail not more than one month.
   77. Selling liquor to minors; a fine not exceeding twenty dollars and imprisonment in jail not more than thirty days.
   78. Extortion by an Officer; a fine not exceeding five hundred dollars, or confinement in jail not more than ten days, or both fine and imprisonment.
   79. Rescuing an Offender from an officer, by force; a fine not exceeding five hundred dollars and imprisonment in jail not exceeding thirty days.

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QUESTIONS.

   1.  What forms the true basis of government?
   2.  Why are there different grades of punishment?
   3.  How do crimes endanger the stability of the government?
   4.  Why does society deal with criminals?
   5.  What is a crime?
   6.  What is treason?
   7.  What is murder?
   8.  What is an assault? a felonious assault?
   9.  What is mayhem?
   10. What is arson?
   11. What is burglary?
   12. What is robbery?
   13. What is larceny?
   14. State the difference between grand lemony and petit larceny.
   15. What is embezzlement?
   16. What is forgery?
   17. What is perjury?
   18. What is bribery?
   19. What is bigamy?
   20. How is this a crime?
   21. Give the punishment that may be inflicted for each crime as named.

 

© 2000, 2001 for NEGenWeb Project, Pam Rietsch, T&C Miller