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Ready Reference Manual
OF THE
STATUTE LAWS
OF THE
STATES AND TERRITORIIilS
IN
THE UNITED STATES
AND THE
PROVINCES OF CANADA,
ALONG WITH NATIONAL, INTERNATIONAL LAWS, AND MISCELLANEOUS INFORMATION.
A I'LAIN, COMMON SENSE SYNOPSIS OF LAWS IN I)AH.Y USE
THAT EVERY I'ERSON WANTS TO KNOW.
"IgNWKANCK OI'-.Typ LAW KXftSKS NO ONE.
COMPlI.!;i) IIV
E. E. KNOTT,
Burliiiijtoii, V(.
4<*»»^
Published by the
International Publishing Co.,
Burlinyton, Vermont.
1889.
iu'i<r.i.N(i ION, \r.
Tin; KRi:i': i'hhss associatjon.
iSSy,
" No Stale shall make or eui'oi'cu any law wliieli sliall abi'id;|o lliu
j)rivilei(u3 or lininunilics of citizens of the United Slates;
luM' i^hall any fltate deprive awj person of lilV', liberti/ or propertv
without due process of law; noi' deny any peiv.on within its
jurisdieliuu Ihe Ofiual proLccUon of Ihe law'.'
Entercil according to Act of Congress, in tlie vcar 1889, by E. E. Knott,
of liurlingtou, V't., in the office of tlie Librarian of Congress, at Wasliington.
PREFACE.
Ill this coiupiliition, wo have iviiiu'<l at no greater suct'css tliaii
to combine undir one tMjvcr, inforniatiun that is usofiil to cvi-ry
person, chicHy in a tinaneial point of view, hut in an instructive
sense as well. The accuracy of the contents lias been our most
diligent care throughout, ami although it is not intended as a
text book, or other than for the use of the laity, it will be found a
useful attribute to any lawyer's library. The information comes
from the best and most reliable sources within each State and Ter-
ritory and the Provinces of Canada; and is abridged and arranged
to give the reader the knowledge re(iuire<l, without lengthy research ;
at the same time without being s(. condensed as to be useless as a
guide. We have not spread out our wings, to merely catalogue by
names a myriad of things, for names sake, preferring to comi)lete a
less castle and make it furnished and homelik(! to the understanding
of a knowledge-seeking public.
The work, although not intended to be an international one,
contains more information of that character than any similar pub-
lication copyrighted in either country to-day; and many features
that cannot be found in any publication, outside of it.
It is our first ambition to give value and money-saving merit
to it, consistent with the price; if we have not accomplished that, we
deserve no better reward than failure in our undertaking.
Burlington, Vermont, April 10, 1889.
E. E. KNOTT,
INDEX TO CHAPTERS.
CHAITKU I.
I'AUIC.
(JolU'cthin liUWH of tlio Statt'H and Territories in tlio UiiiU'd StuU's, uml
tilt' I'rovlmcs of CiiiiiKlii. Paut I. As^<i^nlnents ami AtUicliiiiftiUi.
I'akt II. KxL-inptiiins and Limitations. I'akt III. (,'oniincrcial
Pajmr. I'AKT IV. Interurtt, legal and illegal. I'akt V. Arn'.st
and IniprLsonnient for Civil Debt 9
CIIArTKU II.
I'AKT I. Coniinercial Travellers' Lieenws, where rei|iiired in the Uni-
tt'd States and Canada. I'akt II. Tlie Duties npon Foreign Ini-
|M>rls in I'nited States anil Canada. I'akt III. Fishery Treaties
and the actions of Inith (iovernn)ents since tht! Treaty of I'aris,
177."i to IMH1». I'AKT IV. Neutrality I^iws t>f Nations DO
CIIAITER III.
I'akt I. The Naturali/.ation Laws of the Uniteil States and tlie IJoinin-
ion of Canada. I'AitT II. Kxtrac'ts from the I'o.tal Laws and Iteg-
nlations of the United States and the Dominion of Canada, along
with foreign postage rates, and what is mailahle and nnmailal>le
matter. I'akt III. Copyright Rules and Kegulal ions of the Unit-
ed State's and the Dominion of t'anada. Patent Laws and Regula-
tions, how to ap]>ly for a patent in iMith United States and Canada.
I'AKT IV^ Liiws and nde.s goverinng Trade Marks in lK>th United
States and C'anada. Pakt V. Co-Partnership, general law. I'Airr
VI. liiindlord and Tenant. Pakt VII. Miuster and Servant.
Pakt VIII. Extradition Laws l)etween United States and Canada. 123
CHAPTER IV.
Pakt I. The ilarriage Ijjiws as regidated by Statute in each State and
Territory of the United States and each Province of Canada. Where
a license is required ; ages of capability to enter wedhx'k with and
without parents' consent ; where marriage is purely a civil contract,
and where it is civil and divine ; wliere living as man :md wife con-
stitute a lawful marriage. Part II. Married Woman's sei)arate
riglits, respecting the ownership of jirojM'rty ; their liability re-
specting their husband's debts ; Debts Ante-nuptial anil otherwise
that are a.ssumed by either. Pakt III. The Ljiws of Divorce ; the
causes for which Decrees can Im had; the time within which action
nuist l»e conunenced ; the relation which a Decree in one State Ix'ars
to that granted in another State ; the effect of divorce in regard to
property. Pakt IV. Woman's Suffrage in the Unit»'d Stjites and
in Canada, and elsewhere in the world ; where they can vote on an
eijual with men and where they cannot 179
VIII CONfFNTH.
CH Al'TKU V.
I'akt I. Life iiistiriuiec >M>ii<-tii;iHrieH; where oxciii|»t fromcn'ditors, anil
whcif it ciiiin'.s wholly to tlu' willow iind faiiiHy. I'AKT. H. Th«
Laws of Wills; wIhto wills <'jin lio iua<k' without witm-sscH; wlu-r*'
ono, two, thnH! ami four an- rtHiuinMl; IfoloRraph aixl Nuiic'U|>ativ<»
Wills; wlicro valid; where every heir must \wi named; when- tin
widow takes one-half of her hnshand's |)ro|K'rty, and where she
<an Ik' (leprived of everything;; where married women ean make
Wills independent of their hushand's (onrtesy, and where they
eannot; where minors can make Wilis of iK't^sonal prop«'rty; the
traditional forms of Wills in l^uelM>r,and in the State of I>uiisiana. 241
CilAl'TKH VI.
Part I. The tin)e within which A<'ti(»n miisi U- hrou^ht to nn -over
indenmity or damages from a railioad foriMTsonal injuries or death
ati provid«'d hy tlu? Statute of liimitations in «'aeh Stateanil Territory
in the United Slates and eaeh I'rovinee of Canada; where the smn
re<'overal>Ie in case of death is (ixerl hy law, at a limited amoimt.
I'akt II. Ti\e Laws of ('on<hi<'lors. ICn^jini'ers and I'a.sseiif^ers.
I'AKT III. Innkeepers' r^iws and the Kights of (luests. I'akt TV.
Ues|ionsiliility of Telet;ra|)h ( 'ompanies res|M'<'(inn niessa^jes; Con-
traets hindinK hy teleKra|)h Itetween persons. I'AKT V. The I^vw
of Conunon Carriers. I'akt VI. lijiw of Finding 2i)\
CHAPTER VII.
I'AKT I. Points of law in <laily use. Part II. Clark's Interest Tahles.
I'akt III. l»iirerence of time lietwwn New York and San Franeis<'o
and interni('<lia<c |»laees. Pakt IV. Value of Foreiv;n Coins as
reKulati'd hy (he Diretitor of the Mint at Washington, January 1,
IHHi). Part V. United States PiissiMirts. Part IV. Amendment
to Canada iK)stal aet of 1880 306
CHAPTER VIII.
Part I. Prefaced hy an outline of how the United States (iovernment
is formed; its cost and its judicial courts and the succession to the
Executive OHice in case of death, rosij^nation, removal or inahility;
the Declaration of Independ<>nce; the Constituti<m of the United
StaU's and its Amendments. Pakt II. The MawnaChartii of King
John of England, known as the (Jharttjr of Civilized LilM-rtir^s.
Part HI. Biogi-aphical Skot<hes of the Presidents of the United
States from Washington to Benjam.in Harrison. Part IV. Fiu-ta
and Sket<'hes alKHit the Royal Family of Creat Britain, and where
and how Her Majesty lives; the cost of the R<»j'al Fanuly to the
Government. Part V. Sketchesof the Life and Times of Sir John
A. Macdonald, the veteran statesman of fifty years in Canada 318
COLLECTION LAWS
-OF THK-
Slates and Territories in tlie United States
-AND
Provinces of the Dominion of Canada, Including ttie Following
Part I. Assignments and Attachments.
Part II. Exemptions and Limitations.
Part III. Commercial Paper.
Part IV. Interest, L*>f;al and Illegal.
P.vKT V. Arrest and Imprisonment for Civil Debt.
PART I— CHAPTER I.
Alabama. — All assignments made by bonds ; suits com-
menced, decrees or judgments suffered to be made with connivance
and fraudulent intentions, are void. Every deed of trust, mortgage,
or other security given to any pre existing creditor is void as to
existing creditor ; preferential assignments shall in every case inure
to the benefit of all creditors.
Arizona. — The same laws as California.
Arkansas. — All assignments to be valid in law, nnist be filed
in the Probate Clerk's office ; assignees shall iunnediately furnish
bonds to the satisfaction of the Judge of Probate, in double the
value of what the assets of the assignors will inventory ; creditors
shall have the right to demand an auction of the assets, within 120
days after the inventory is filed with the Judge of Probate, accord-
ing to the statute.
10 HEADY IIF.FEUENCE MANUAL.
California. — There is uo statute providiag for assignments.
Attachment smnmons may issue upon affidavit and undertaking in
the following cases : 1. (Contracts implied, or expressed for the
pajMuent of money within the State, and not otherwise secured by
mortgage, lien, or personal pledge of property. 2. Where a debt
was originally secured, and through no fault of the claimant,became
valueless, then in such case an attachment may be made. 3. In ac-
tions of contract made by persons or corporations not residents,
with residents of the State, and the said person, persons or corpo-
rations having i>roperty within the State.
Colorado.— Attachments may issue against non-residents'
property within the State with original writ; fi'audulent and clan-
destine creditors ; or when a debtor is known to seclude himself
from his ordinary residence for four months in succession: also,
when a debt is contracted for cash on delivery payment and the
goods received under some other excuse, without being paid for as
coiitracted ; wages due to a workman, mechanic, upon any contract
or woik, a lien or attachment can be liled upon the identical prop-
erty. Tlie statute do(!S not provide for any form of assignment.
Connecticut. — Assignments, attachments and insolvency pro-
ceedings are about one and the same thing; a triune machinery to
accomplish t he preservation of the proceeds of debtors' estates, for the
benefit of the creditors ; all collections, suits, demands and other-
wise, shall be made by the assignor and in his name ; assignments
of future earnings or incomes, are not valid against attaching credi-
tors, who may under certain rules of the courts, make attachments ;
assignor has the right, if he so elects, to go into voluntary insol-
vency, thereby making void all such attachments made within sixty
days. All costs in such dissolved attachments are left to the privity
of the coiu't ; wages earned within three months to the amount of
$100 are preferred ; estates are apportioned in the following man-
ner: Ist. Lic^uidation expenses. 2nd. Taxes. 3rd. . Preferred cred-
itors. 4th. General claims in proportion. Upon payment ol seventy
per cent., the assignor can apply to the court for an absolute dis-
charge.
Dakota. — Same as Colorado, except that money contracts
(such as money loaned on mortgage or notes) have a precedence
over all other claims.
COLLECTION LAWS. 11
District of Columbia. — Wiits of attachment can be made
upon affidavit and undertaking of the genuiness of the claim made
by any ci'editor. The procedure in Colorado in other respects is fol-
lowed.
Florida. — No special statutes defining assignments. The law
of attachment is the practice ; writs may bo obtained from the Cir-
cuit Court, where debts are actually due (and in special cases within
nine months of maturity, when under contract) and in Justice
Courts for debts in general, due or becoming due within three
mouths. The same procedure as given in Colorado, is followed in
actions against absconders, non- residents, fraudulent creditors.
Georgia. — The same as Alabama, except preferential creditors,
where wages are involved, are allowed. Indeumity bonds are re-
(juired ; the law of attachment in cases of absconders, fraudulent and
clandestine debtors ; see Colorado.
Idaho. — No assignment law ; attachments can be made for
debts unsecured by mortgage or personal pledge.
Illinois. — Assignments. — The County Court has exclusive juris-
diction of assignments for the benefit of creditors. An inventory,
under oath, of the estate and a list of the creditors, with their resi-
dence and the amount of their respective demands, is required to be
annexed to the assignment. The creditors are notified of the assign-
ment by publication, and each creditor is notified by mail to present
his claim verified, to the assignee, within three months thereafter.
Claims not presented within three months from the publication of
notice of the assignment, do not participate in the dividends until
after the payment in full of all claims presented within said term al-
lowed. The assignee is rei^uired to file an inventory and valuation
of the estate and enter into bonds in double the amount of the in-
ventory and valuation. The assignee, at the expiration of three
months from the first publication of notice, must file a list of all
creditors, who have claimed to be such, also an aflidavit of publica-
tion of notice, and a list of creditors to whom notices have been
sent, with their places of residence and the date of mailing. Excep-
tions to the claim of any creditor may be filed within thirty days
thereafter, and the same is tried at the next term of court. At the
first term of court after the expiration of the three months as afore-
said, the assignee is ordered to declare an equal dividend of the as-
12 READY REFEllENCE MANUAL.
sdts in bis banils, auJ to remler a final accouut within one year
thereafter. The assignee is at all tiiues Bubjeot to the supervision
of the County Court, and may be compelled by citation and attach-
ment to file reports. Provision is made for the appointnjent of an-
other assignee in case of death, neglect of duty, or failure to qualify,
also for further security, if necessary. J^o nrefarerces are allowed.
Pebts not due ma^ bo proved, a reasonable deduction being made
\or interest. The fees of the assignee are a^ the discretion of the
court. No provision is made for the debtor's discharge.
Attachment. — May issue in any of the following cases : (1)
Where the debtor is not a resident of the State ; (2) when he con-
ceals himself or stands in defiance of an officer so that the process
cannot be served upon him ; (8 and 4) where he has departed, or is
about to depart, from this State with the intention of having his
creditors deprived of the right to collect their claims, by the removal
of his effects therefrom; (5) where he is about to remove his
property from the State to the injury of his creditors ; (6 and 7)
where he has within two years preceding the filing of the affidavit
retpiired, fraiubileutly conveyed or assigned, or concealed, or dis-
posed of his efiects, or part thereof, so as to hinder or delay his
creditors ; (8) where he is about fraudulently to conceal or assign
or otherwise dispose of his property and effects, so as to hinder or
delay his creditors ; (9) where the debts sued for were fraudulently
contracted on the part of the debtor, provided the statements which
constitute the fraud were in writing and signed. Affidavit must be
filed, setting forth the nature and amount of the indebtedness, and
any one or more of the causes above named, and the residence of
defendant if known, and if not known, that affiant is unable to ascer-
tain the same after diligent inquiry. Bond is required in double the
amount sworn to be due. If the sheriff is unable to find proi^erty
to satisfy the attachment, he shall summons persons named in the
writ, who are indebted to the defendant, as garnishees. • In courts
of record, when defendant is not served, the clerk of the court is re-
quired to publish a notice of the attachment in some newspaper
within the State most convenient to the place of business where the
court is held, for three successive weeks ; also send by mail a copy
of the said notice, within ten days from first publication, to the de-
fendant, if his residence is known, or to the address last known.
COLLF.CTION LAWS, 13
The judgmoiit is in rem uuleas tlie defendant is personally served,
when it \h jyersonuum. Attachunint may issue in aid of suits already
pending on proper cause shown.
Indiana. — Attachments may issue prior to judgments against
non-residents and foreign corporations, having property within the
State, for jnonoy contracts, except where both plaintiff and defen-
dant are both non-residents, and the money sought to be wages.
Debtors who attempt by fraud or clandestine disposition of their
property or clandestine removal of their property out of the State
with a view of absconding ; in all such cases any property belong-
ing to or that such person or persons have an interest in, can be at-
tached by creditors, upon a bond of indemnification. No provision
is made under the statute for assignments ; the court of insolvency
deals with all bankrupts.
Iowa. — Debtors' assignments are permitted by assent of the
majority of the creditors, in amount of claims ; when assignments
are made, all creditors shall share alike in the distribution of the
assets ; attachments are allowed against non-resident debtors ; also
where fraud, concealment, secret disposition, or any attempt to hin-
der the collection of lawful debts, by putting beyond reach the
same in any way wrhatsoever ; debts contracted by false pretences ;
where debtor is permanently leaving the State ; in all such cases
the property visible can be seized and taken into bond by the offi-
cers of the law, upon warrant sworn to by any credible creditor.
Kansas.— Assignments only distribute proportionally the prop-
erty of an assignor, their power in no way permits them to dis-
charge the debtor only so far as the claims that have been liqui
dated, (this is to preserve the rights of creditors who may not be
notified, imder the ordinary assignments practised ;) all assign-
ments must be executed, witnessed and sworn to and recorded in
the same manner as real property, along with a schedule of all the
assets, annexed with the Olerk of the District Court ; notice within
two days thereof must bo mailed to each creditor having a claim of
$10 or over ; naming a day not less than twenty days or more than
thirty days, for the election of an assignee ; whereupon a majority
vote is essential, and if a majority of the creditors do not attend, or
a majority for any one candidate cannot be obtained after due efforts
the Judge of the District Court appoints an assignee. The prop-
1-4 HEADY REFERENCE MANUAL.
erty in the first place must bo appraised, and after such appriiisal,
the assignee must tile bonds to double the amount of the assets ;
then it is his duty to advertise the time and place he will receive
and adjust claims ; creditors not appearing are barred as to sharing
in the assets then scheduled, but as aforesaid not as to the collec-
tion of their claims by recourse to whatever expedients they see
proper ; assignee must make monthly distributions to creditors ;
the court can direct him to advertise and sell all the assets by auc-
tion ; the court appoints a commissioner to examine all the accounts
and audit the saiue and hand into the court a certified report of the
estate ; attachment writs can be issued against the property of ab-
sconding debtors, similar to Iowa.
Kentucky. — The same as Colorado as to the laws of attach-
ments ; assignments must be executed giving priority to creditors,
representing the estates of minors, or those having guardians ; in
other respects the law of Kansas is followed.
Louisiana. — Assignments or cession of property may bo vol-
untary or by a judgment creditor; the syndic (assignee) must give
bonds for the proper discharge of his ofKce ; his election must be by
creditors, representing at least two-thirds in aniount of money of
the total liabilities of the debtor; i^rivileged creditors (those secured
by mortgage or notes) cannot force sale of more property than is
sufficient to satisfy their claim with costs of sale ; creditors can be
represented by proxy ; nou-i-esident creditors who receive no notice
of the assignor's insolvency, and not taking part in the liquidation,
have recourse to the Superior Court, and if their claim, or claims
are established, the court will grant them judgment, as in like man-
ner, as if no cession of the estate had taken place. The court will
grant to a debtor a respite from his creditors if evidence is produced
to satisfy the court that it shall be in the interest of all to grant it.
Attachment Writs may issue against property in cases of per-
sons absconding from the jurisdiction of the court within the State,
and when absconding out of the State ; against non-resident debt-
ors owning property within the State, and the debt is past due, and
the plaintiff lives within the State ; and upon affidavit by two or
more credible witnesses, that the debtor is concealing, purloining,
disposing, transferring or in any other manner making away with it,
to the detriment and injury of his creditors ; no preferential actions
COLLECTION LAWS. 15
are valid, that is to say, where by colhision with u creditor to con-
fess judgment and admit attac)iment. All persons found guilty of
acts warranting garnisheenieut or attachment in any of tlie causes
named, are debarred from all privities in obtaining a discharge until
he pays his ludebtedness in full.
Maine. — Assignments come under the laws of the Insolvency
Act ; estates of deceased persons may be declared insolvent, and
commissioners in insolvency appointed in the Probate Court. Cred-
itors may prove their claims before the commissioners so appointed.
Claims may bo assigned and actioils brought in the name of as-
signees.
Insolvency Laws. — A general insolvent law was passed in 1878
(Chap. 74, Laws of 1878) to take the place of the National Bankrupt
Law. This law gives Probate Courts jurisdiction, and has many of
the leading features of the United States law of 1867. A debtor's
petition requires an indebtedness of at least $300, and if no fraud is
apparent, he may at any time after the expiration of four months
receive his discharge, and no specified percentage is provided or re-
quired for such dischoige. In involuntary proceedings, the petition
of two or more creditors is required. Their aggregate provable
debts must be at least one-fourth of the provable liabilities of the
insolvent debtor. In this law there is no composition clause.
Maryland. — Assi inments. — Any confession of judgments or
assignments, made for the purpose of defrauding creditors, is void,
but a deed of trust conveying all a debtor's property, may contain
preferences of particular creditors, without invalidating it. Im-
proper preferences, made with the intent to apply for the benefit of
the insolvent laws by one who does not subsequently apply there-
for, are void, and any improper preferences made by an applicant
for the benefit of the insolvent laws are void.
Attachments. — Every person, or body corporate, that has the
right to become the plaintift' in any action or proceeding before a
judicial tribunal of this State, shall have the right to become
the plaintiff in an attachment against a non-resident or a
person absconding, or one who has or is about to conceal his
property to defraud his creditors. Every person who shall actun"y
run away, abscond, or fly from justice, or secretly remove from his
place of abode, with intent to evade the payment of his just debts,
16 READY liEFERENf'E MANUAL.
or to iujuro or defraud his creditorw, shall be considered as haviug
absconded. Any kind of property or oredita belonging to the de-
fendant in the plaintiflf's own hand, or in the hands of any one else,
may be attached, and cieditH be made as due, notwith.standing upon
the face not matured. But property in the defendant's own hand
cannot bo attached. Before any such writ of attachment shall issue,
the plaintiff shall make oath, before a Justice of the Peace, or Judge
of a Court of Record, stating that the defendant is bona fide in-
debted to the plaintiff in the sum of $ over and above all dis-
counts, &c., and that he is about to abscond, «fec. The jurisdiction
of a Justice of the Peace extends to all cases in attachment, where
the sum claimed shall not exceed .$100, upon the proper affidavit
being made.
Massachusetts. — Assignments are not recognized by law.
Attachments, — All civil actions must be commenced on original
writs, and may be framed either to attach the goods or estate of
defendant or not as the plaintiff' thinks best. In case no goods can
bo attached, the body of the defendant may be taken. All real estate,
goods and chattels liable to execution may be attached on the
original writ, except property exeii.pt by law, and the same holds
good until thirty days after judgment, for the purpose of being
taken in execution and sold upon the said judgment. Attachments
may bo dissolved before judgment, by defendant giving a bond to
be appi'oved by plaintiff, or his attorney, or b}' a Master in Chancery,
conditioned to pay to the plaintiff' withiji thiity days such sum, if
any, as he may recover.
Michigan. — Common law assignments are used in this State.
They are regulated by statute as follows: They are void unless they
are, — 1st, Without preferences ; 2nd, Unless the assignment or du-
plicate of it, an hiventory of the property, a list of the creditors, and
a sufficient bond by assignee, is tiled with the clerk of the Circuit
Court of the county within ten days of making it ; 3rd, Unless they
include all piopeity of the assignor's, except such as is exempt by
law. Attachments and levies create no lieu within the ten days
upon the assigned property. Assignees must file reports quarterly,
under oath, and must have appraisements of the assigned property
made by two disinterested competent persons under oath, and filed
in court as soon as practicable after assignment is made. In case
CULLKUTION LAWS. 17
of neglect to comply with tho law, or if any fraud cxIhIh, the estate
will be woiiml up by a court receiver, and the court may then order
Hunnuary cxamiuatiou.s ol' partieu and witneuues at any btage of thu
proceedings.
ATTAeuMKNTS. — Aro authorized at any stage of suits where it is
shown by affidavit as follows: — (1) That the defenchmt has
absconded from the State, or concealed therein to the injury of his
creditors ; (2) That he has or is about to assign, dispose of, or
conceal his property with the intent to defraud his creditors ; (3)
That he has removed or is about to remove any of his property out
of the State, with intent to defraud his creditors ; (4) That ho
fraudulently contracted the debt sued for ; (H; That he is not a
resident of tho State ; (<3) That defendant is a foreign corporation.
The right of dissolving the attachment the same as in Massachusetts
exists.
Minnesota. — Assignments must be subscribed ns the act and
deed of the assignor, in the same manner as though he were con-
veying realty, and contain all his assets, not exempt by law. It shall
be recorded with (he clerk of the District Court, within the county,
where the business (or if branches of the business exist, where the
principal jmrt of the business was transacted) was carried on ;
assignee must be a resident free holder ; assignor shall tile within
ten days thereafter an inventory accurately describing his debts,
and the name and last known address of each creditor ; and if
secured in any way, how secured ; assignee must then within five
days give a bond with two approved surt;ties, for double the amount
of the inventoried assets. Creditors shall prove their claims imeler
oath (except United States, State, or Tax claims) ; creditors are
then paid the dividends in tho following order : — (1) Assignee's
legal fees ; (2) United States claims ; (3) State claims; (4) Taxes;
all of which must be paid in full, then wages due not exceeding .S20
in amount, and earned within three mouths next preceding the as-
signment ; and all other creditois pro rata. There is no special
provision for assignor's discharge.
Attachments : — Of money (or if no n)oney) then writs attaching
proi)erty may issue from District Court, and from Justice Court,
for claims under contract ; in the Supeiior Court a penalty bond
for $250 is required for surety of costs, and in the latter court a
18 READY KKI'ERKNCK MANIAL.
bond of $100. For property aud for cluims that tlicHo writH can
be obtained, sco Iowa.
Missouri. — AHBignineutsfan bo iimdo voluntary, within fifteen
days after an aHaif^niuent has been made ; the assij^'neo must tiio a
correct inventory from an ajjpraised vahic, along with a bond in
double the amount of the same, with the Probate Court clerk
within three months; a day must bo fixed by the assignee for credi-
tors to prove their claims ; creditors not ai)iiearing on that date to
prove their claims, or within two days tlicrcafter, their claims are
precluded ; ansignecs' ruling as to claims is subject to appeal to
the Judge of the District Court; dividends paid upon any credi
tor's claim, are only recognized as credits upon the original debt.
Attachment. — Proceedings the samo as Indiana, except that
proceedings must bo advertised in the place where the attachment
is made for four suci-iessivo weeks, in case defendant's residence is
unknown and service of a notice cannot be affected.
Montana Territory. — Attachment writs can only issue upon
affidavit by plaintiff, that the debtor is about to leave or has left the
territory ; that he is removing his effects from out the territory and
with the intent of defrauding his creditors ; persons applying for
such writs, must in all cases furnish approved bail bonds to the
court for indemnification.
Assignments. — Are only legal when attachment writs are issued
and then only for taking over the defendant's property ; if sufficient
property to satisfy the d( bts of the defendant upon appraisement of
the coii'-*'s commissioners is shown, the court will grant a permit for
debtor to engage in business, and this permit is a discharge from
the former liabilities.
New Hampshire. — Assignments by an insolvent debtor must
be of all his real and personal estate, aud shall provide for a propor-
tional distribution of the same among all his creditors, but the
debtor is not thereby discharged from his debts. Such assignments
will not be valid until the debtor makes oath that his intentions in
making the same a j in accordance with the requirements of the
statute, and the ujsent of creditors to such assignment will be
presumed unless their dissent is made known to the assignee within
thirty days. All actions of assenting creditors shall be discontinued
and their costs form part of their claim, but dissenting creditors
COLLECTION LAWS. ID
tiik(! iiothinj,' umlor the aHsigniuout. A copy of Kuch ftssigninont
rtliall bo tilod with the IlegiHtor of I'rohatc of the coiinty within ten
(livy8 of its oxecnitioii, aiul u Hchediile of the property embraced in it
and a list of the creditorH, verified by oath. The assignee hhall give
such notice of hia appointment, by publication and posting of no
tices, as the Judge of Probate may order.
Attachment of the property of a debtor as the Bccurity of a
payment of an execution, is allowed so far as what is not exenii>t by
law. All actions for the collection of debts, may be commenced by
trustee process Attacthments continue in force for thirty days after
the execution of the court is rendered within which time the levy of
the execution must be commenced or the attachment will dissolve.
The right of giving a bond to the sherifl' for the release of property
is customary, and usually accepted.
Nebraska. — Assignee acts as the agent of the cotirt, his di-
rections and actions being subordinate to the court. Thirty days
are allowed for assignee to file a sworn inventory of the assets of
the debtor's estate. The court appoints two appraisers ; assignee
must give to the court a bond of indemnity ; the court advertises
the assignment and the assignee of the court ; creditors must file
proof of their claims within six months thereafter ; servants' and
w orkmen's wages are only prefeired ; assignment iuust be recorded
within thirty days after its execution ; the court regulates as it
deems expedient the settlement of accounts and distribution of
funds.
Att.\chments are the same as practiced in Indiana, only no
bonds are required, if defendant is a non-resident or foreign corpo-
ration.
New Jersey.— -Insolvent assignments by debtors for the ben-
efit of creditors must be without preferences, otherwise void. Debt-
or must add to assignment an inventory under oath. Assignee must
give three weeks' notice of assignment by publication. He must file
inventory under oath with surrogate of the coivnly fort/iu-il/i, and
give bond with sufficient surety in double the amount of the inven-
tory. Assignee must file a list of the creditors at the end of three
months, after having six weeks' notice by publication. Assignee
proceeds at next term of court to make dividends. Wages of ser-
vants, clerks, laborers, etc., up to $300 are preferred. Assignee has
20 ui;aiiv luaEUKNCE manual.
power to sell all prnporty cxoiiipt from execution. Sale of liiiul imiKt
b(* iulvertiHcd urconliiit,' to liiw, threo iii(»iitliH if wilhouf tlio State,
and two iiioutliH if witliiu tlio State. A creditor who does not ex-
liibit luH claim is barred of a dividend, uiileaH the property proves
HiilVicieutto pay otherH in full, or he shall tind other property; but
he in not barred from a suit a^^ainst the debtor.
Attachmknt writs may be issued a^'ainst non residents and ab-
Hcondin*,' ilebtors, upon licpiidated claims only, where the creditor,
or in his absence his agent, nuikes oath that the debtor absconds or
is about so to do, or is a non resident at the time, and of the amount
due to the plaintitV. A foreign corporation can be proceeded against
by attachment. An attachment inures to the benefit of all the cred-
itors of the plaintitr, whether their debts are duo or not, and they
may be a(buittod under the attachment upon tiling itn alKdavit of
their demand, and iipjilying to the court therefor. Personal proj)-
erty cannot be sohl until thiee months after the writ, except where
it is perishable, and real estate not until one year after its seizure
under writ. Attachment issued out of the Justice Court inures to
the beuelit of the attaching creditor only, but may be superseded
by an attachment issued out of the Supieme Court, Circuit, or Com-
mon Pleas.
New York. — Any person in law capable of entering into con-
tract may execute an arsigument for the benefit of his creditors.
The assignment must be in wiiting, duly acknowledged before an
otlicer authorized to take acknowledgments of deeds, and shall be
recorded in the County Clerk's otlice of the county where the debtor
resided or carried on his b siuess at the date thereof. An assign-
ment by co-partners must be recorded in the county where the prin-
cipal i>lace of business of such co partners is situated. When real
estate is part of the property assigned, and is situated within a
county other than the one in which the original assignment is re-
qui)ed to be rticorded, a certilied copy of such assignment shall be
tiled and recorded in the county in which said property is situated.
The assent of the assignee must be in writing, and shall be duly ac-
knowledged. AVithin twenty days the debtor must make and deliver
to the county judge of the county where the assignment is recorded
an inventory containing as follows : —
rOLLECTION LAWS.
21
First. — The imiiic, ofcuputiou, place of rebiJcnce, and place of
i^iiiPHS of Bucli (l«'btor.
Stroud. — The niiino auil place of residence of the asHignee.
Third. — A full and tnie account of all the creditorH of Huch
?btor, Htalliig the last known place of residence of each, the Bum
sWft, to each, with the true cauHe and consideration therefor, and a
11 Htatenieut of any existing.' security for tlie payment of the Hatue.
Fourth. — A full and true inventory of all the debtor's estate at
(lute of such aHsifjfnniont, both real and personal, in law and
piity. with the uicuiiibraticcH existing thereon, and of all vouchers
ul securities relating thereto, andthc; nominal as well as the actual
iihu! of the same, according to the best knowledge and belief of the
d' litor.
Fifth. — An affidavit made by such debtor that the same is in all
r< I" cLs just and true. In case the debtor fails within twenty days
|(i to do, then the assignee ruist within thirty days thereafter make
I lilc the inventory above required in so far as ho can, and shall
lify the same to the best of his knowledge and belief. In case the
vciitory is not tiled by either the assignor or assignee, and the
me be not extended by the court for that purpose, the assignee
:iy bi^ reiuoved. The assignee must give a bond within thirty days
ter the date of the assignment, in an amount to be directed by the
1 >!{,'(' for the faithful discharge of his duties. The debtor may pre-
l< I creditors. The assignee must realize for all property assigned,
t'ivdtise for claims, and settle estates airordiiig to the requirements
fl tiie statute, within one year from the date of such assignment, or
t' IS liable to be cited so to do. This proceeding does not discharge
dt litor from his debts. The assignee may bo removed at any time
r iniscouducfc or incompetency.
Attachments can be procured in actions for breach of contract,
xprcss or implied (other than to marry); wrcmgful conversion of
I'soiial property ; against foreign corporations, when plaintifi' re-
8j 'is within the State ; against the property of non-residents (not
%li( re both planitiif and defendant are non-residents); and in sev-
fiul other cases where the evidence adduced to the court that fraud,
Or tlmt the person or persons owing such debts to the plaintifi", are
•b^(•oudiug, concealing, removing from the State, or in any fraudu-
•kiit manner whatsoever, making away with their property for the
22 READY REFERENCE MANUAL.
iuteut and purpose of defrauding tlicir creditors. The property can
l)e released upon providing a sufficient undertaking to the court that
issues the writ of attachment.
North Carolina. — Assignment of insolvent estates must be
at the privity of the largest creditor; executois, adininistrators,
trustees, are not obliged to co-operate with other creditors ; they
are privileged to bring action in the courts.
Attachment the same as in Indiana, except wages has no prior-
ity over other creditors.
New Mexico. — Assignments are not provided for by statute.
Attachments, where the debt is in excess of $50, can be made
against any foreign corporation or non-resident's property found
within the territory ; where a debtor is absconding from the terri-
tory, or otherwise attempting to defraud his creditors.
Ohio. — Assignments in trust for creditors are regulated by
statute ; they take eflfect only from the time they are delivered to
the Judge of I'robate. Within ten days the assignee must file
the instrument, or a copy, with the probate judge of the county of
the assignor's residence, and furnish bonds ; within thirty days after
giving bond he must file inventory and an apj^raisal made by three
persons appointed by the judge, and give tliree weeks' notice in a
newspaper of appointment; must forihwith sell at auction upon
four weeks' notice, or at private sale by jjermission of th ecourt, for
not less than two-thirds the ajipraised value. Creditors may elect
an assignee upon petition signed by creditors holding not less than
$1000 of claims, and upon vote of creditors holding fifty per cent.
or more debts — a majority in value of all debts represented at a
meeting of creditors, called by order of the court, being necessary
to a choice. Creditors must present claims in six months, with
affidavit of what was the consideration attached, that the claim is
lawful and justly due, and what security (if any) held. If rejected,
suit must be brought within thirty days. Assignee must reject on
demand of creditor, accompanied by security for costs and expenses.
In eight mouths the first dividend must be declared ; wages to
amount of $100 earned within six months prior to the assignment,
and personal taxes, are preferred claims ; no other preferences
allowed.
COLLECTION LAWS. 28
Attachment. — A writ of attachmeitt aail garnialioo process will
issue for any of the causes enumerated under the head of arrests,
or where defendant is a foreign corporation or non-resident, i)laintifi
can, upon affidavit that defendant has absconded, to defraud his
creditors, or left county of residence to avoid service of summons.
But no attachment can issue on ground that defendant is a foreign
corporation or non-resident, save on a debt or demand arising on
contract or judgment, or for causing death. Except when issued
because defendant is a foreign corporation or non-resident, plaintiff
must give bond in double amount of his claim. If garnishee process
is desired, the plaintiff, in his affidavit must name the persons and
describe the property suj^posed to be in the garnishee's possession.
Pennsylvania. — Assignments by insolvents foi the purpose
of preferring one or more creditors inure to the benefit of all ; a
general assignment immediatel}' places the property assigned beyond
the reach of any execution. The proceeds of the assigned property
are distributed by the assignees pro rata among the creditors, under
the supervision of the court ; the wages of miners, mechanics and
clerks being preferred, however, to the extent of §200, provided
they be due for services rendered within six months immediately
preceding the assignment. An assignment not recorded within
thirty (hiys becomes void. A wife's dower is not divested by an
assignment of her husband, unless she joins in the same of her own
free will. So much of the debt as is not paid by the assignee remains
an obligation against the debtor, and can bo enforced at any time
against his acquisitions. A claim may be proved any time before
the final dividend is made, and the same shall participate in a like
manner to all other claims.
Attachment. — Foreign attacfmicnts in favor of a creditor when
the property of a non-resident debtor is found within the State.
Security is required in double the value of the property attached ;
the surety nmst be a resident of the county where the attachment
issues. This attachvicrit may be dissolved by entering security for
debt, or by making a deposit of money to the amount of claim sued
for ; attachment not foreign also lies where a dtibtor is about to
remove his good? out of the jurisdiction of the court, with inteiit to
defraud his creditors ; or when he has property fraudulently con-
cealed ; or when he has assigned, disposed of, or removed, or is
24 READY REFEIIENCE MANUAL.
about to remove, assign, or dispose of the same, with in tent to de-
fraud his creditors ; or when he has fraudulently contracted the
debt sued for. In this case the plaintiff must give a bond, with a
citizen of the county wliei'e the attachment issues as a security, in
double the anionut of the claim, conditioned that if the plaintiff
shall fail in his suit, he will pay all costs and damages sustained by
defendant b}' reason of the attaeJvuent. This attachment may be
dissolved by the defendant giving securif y, to be aemoved by pay-
ment of money into court, or such other substitute as the court may
see proper to accept in lieu thereof.
Rhode Island. — Assignments for the equal benefit allowed
without preferences, as in New Jersey.
Attachments. — May issue or origir.al writ whenever the plaintiff,
his agent or attorney, makes oati\ thereon that plaintiff" has a just
claim, and-either that defendant has committed fraud in contracting
the debt on which the action is founded, or that since contracting
the debt defendant has been the owner of property, in the receipt of
income which be has refused or neglected to apply to the payment
of the debt. Atta.chments may be defeated by debtor making a
voluntary assiginneut at any time within sixty days, or the court
may appoiut, on motion of any three or more creditors holding not
less than one third of the debts, a receiver, either of which acts void
attachments.
South Carolina. — Attachment at the time of commencing
action, or at any time afterward.s, may issue in the following
cases : — In an action arising for the recovery of money only ;
in an action for wrongful conversion of personal property ; against
a corporation created by or under the laws of any other State or
foreign country ; against defendant for absconding or concealing
himself, or assigning, disposing, or clandestinely removing the same
with the intent of defrauding his creditors. Plaintiff' must deposit
$250 for security for costs or damages in any of the actions men-
tioned, before the court will interfere.
AssiGN.MEXTs. — (1 ) Voluntary; (2) Under process an embar-
rassed debtor may assign his property for the benefit of his creditors.
The creditors have the right to appoint agents or an agent equal in
number of assignees to act with them. If uo agent or agents are
appointed, assignees can act alone, and it is their duty to report to
COLLECTION LAWS. tiiJ
creditors every three luontbB. The asnigumeiit of all hia estate by
a debtor under confinement or arrest effects his discharge therefrom.
Only the debt of the creditors participathig in dividends is affected
by these assignments.
Tennessee.— Assignment by debtor is permitted ; he can at
his privity prefer one or more creditors in exclusion of others.
Assignee must provide bonds and security for faithful discharge of
his duty : it must bo immediately recorded with the clerk of the
county, within which the assignor resides.
Attachment. — Creditors can attach for fraud, non-residents'
property or goods, or when a debtor is about to abscond or has
absconded from the State, or is removing his property or concealing,
purloining or otherwise attempting by fraud to make away with all
his visible effects ; the right of replevy exists.
Texas. — l. Every assignment shall provide for distribution of all
real and personal estate (except what is exempt by law) among all
creditors, pro rata, shall pass title, be acknowledged, certified, and
recorded. 2. The debtor shall annex an inventoi'y containing a
statement of the account of all his creditors, the place of resic.ence,
the amount and nature of the debt, the consideration, and when
same arose, any existing mortgage collateral or other security, of
all estate, real and personal, and the incumbrances, and all vouchers
and securities relating thereto ; attidavit that same is true not to
affect ill any way property held in trust or exempt as aforesaid. 3.
Assignment may be made for benefit of such creditors as accept
same ; in such case, benefit is restricted to those accepting and shall
release debtor from claims of those so agreeing. 4. Assignee shall
give notice of his appointment by publication for throe weeks. 5.
Creditors shall make known their consent in writing within four
months. 6. Assignee shall record deed of assignment, and furnish
a bond, to be approved by the County Judge. 7. Creditors accept-
ing, shall file statement with the assignee of their accounts, sup
ported by affidavit that the same is just, and that there are no
credits or offsets known to same. 8. Any creditor not accepting,
may garnishee excess of proceeds in hands of assignee. 9. All prop-
e:ty conveyed or transferred to defraud creditors, may be recovered
by assignee by suit. 10. Assignment shall not void for want of an
inventory. 11, The verified statement by a creditor, verified and
26 IJKADY REFERENCE MANUAL.
filed, in prima facie evidence of its justness!, but the same may be
denied and controverted in the courts. 12. To conceal property
from assignee to defraud creditors, constitutes a felony punishable
by at least two years in the penitentiary. 13. Claims not due may
be allowed at their discount value. 14. The assignee may be
removed when incompetent, and new appointment made by the
County Judge. 15. Assignee must make distribution when amount
on hand will pay ten per cent. IG. Full reports of collections and
disbur.sements nuist be made by assignee, the same filed and record-
ed with clerk before a final discharf,o of his bonds.
Attacilmen't proceedings are privileged to any person making
affidavit of fraud, concealment, absrondiug, etc., against a debtor,
either resident or uon resident; only the hitter's property can be at-
tached upon the original writ.
Utah. — Attachment proceedings are obtainable, where the
claim is not otherwise secured, and if secured, and has become value-
less through no fault of the plaintifit", then in such case the right of
attachment lies; also in cases of fraud, concealment, absconding
from the territory; or the property of a nonresident or foreign
chartered corporation or company.
Assignments on Insolvency not provided for.
Vermont. — All assignments of property must be for the equal
benefit of all creditors, in writing, signed by assignor, and if realty,
by trust deed, which shall be recorded in town derks's office. An-
nexed to such assignment, must be a list of the creditors, sums due
each, and their place of residence and address. A copy of the assign-
ment, with annexations, signed by both the assignee and assignor,
must be filed in the county clerk's office, open for inspection. Assig-
nee must be a disinterested person, and shall file with Probate Court
a bond for indemnity in case of unfaithful discharge of his duty.
Until the law in these particulars is complied with, the debtor's
property is liable to execution, attachment, trustee process, or gar-
nishee. Assignee must act with dispatch, and file a second copy of
his settlement of trust account with details of administration, which
account he nuist verify by oath as just and true, with the clerk of the
county court. Any creditor, who upon oath states that assignee is
unreasonably tardy in closing estate, and the same presented to the
chancellor of the court, the assignee will be cited to close in a fixed
COLLECTION LAWS. 27
time; the costs, etc., of such application are left to the discretiou of
the court.
Attachments of defendant's property, both real and personal,
exists in all forms of actions, and held to respond final judgment
and execution. Bail on mesne process is taken by the sheriif, and ho
is responsible for its sufficiency. Any person disposing of property
under attachment or lien, is subject to be fined not more than $200
or imprisoned in the State prison for one year. (Jarnishrnent exists
in all actions founded upon contract, express or implied, where the
claim sought to be enforced, and the credits in the hands of the trus-
tee exceed $10. Mceciitiojis are returnable in sixty days, and
must be made from personality, if possible; if not, then from realty.
Heal estate is appraised by three disinterested freeholders ; and
enough is set out by measurement to satisfy the execution ;the debt-
oj' in case of realty, has six months in which he can redeem lauds so
sold, and until this time has elapsed the vendee's title does not be-
come absolute. Insolcency. — Any person residing in the State
may be judged an insolvent upon his own petition ; or, if the debtor
owes more than $300, and commits an act of insolvency, upon the
petition of any of his creditors, whose claims provable exceed $250.
Petition by creditor must be filed within ninety days. FnnuluU'nt
preferences are set aside by the adjudication of insolvency, if they
occur within four months before the filing of the petition ; and such
insolvency dissolves all attachments upon mesne i^rocess made with-
in sixty days prior to the filing of such petition. The act ai^pliesto
all corporations created by the laws of the State, except railroads
and banking institutions. The act provides for the granting of a
discharge to the debtor from all debts existing at the date of the filing
of the petition for adjudication, and in regard to the efTect of such
discharge, the law provides that the debtor shall thereupon be abso-
lutely discharged from all debts proved against the estate, and from
all debts provable and founded on any contract made by him while
an inhabitant of the State, if made within date, or to be performed
witiiin the same, or due to any person resident therein at the time
of the filing of the petition for adjudication. The discharge does not
apply to a fiduciary debt. Discharge is not granted when assets are
not equal to thu'ty per cent., unless consent of majority in numbers
and amount of creditors is filed. Evidence. — Parties may testify,
28 READY REFERENCE MANUAT..
except when one party ia dead, being either defendant or plaintiff, in
his own behalf.
Virginia. — Insolvent debtors have the light to make an as-
signment, but croditoi's not willing to pavti(di)ate. are not bound
by it.
Attachment. — See Michigan.
Wyoming Territory. — Probate Comt has absolute jurisdic-
tion ill debtor's assignmoiits. They can be made with or without
preferences, in the option of the assignor, when fiee from fraud, ex-
cepting too iniquitous, wlicn the othei' creditors can enter their pro-
test, and upon heaving the complaint, the Judge of Probate rules in
the matter ; the usual inventory, list of creditors, etc., must be filed
for inspection ^vith the clerk of the court.
Attachment may be made against non-resident corporations,
l)ersons or companies; or in case of fraudulent contract or al)scoiid-
eis, etc.; or where any peison by fraud obligated to pay a debt not
exceeding $250, without other secui'ity than his personal ])ledg(>, not
paid upon demand willun ten days after maturity, an attachment
can be procured, and served upon any personal or real pioperty, or
tlie property (if such) that this debt was incurred for.
Wisconsin. — Assignments may be made, and preferences to
money debts, creditors representing estates of testacy or intestacy
as the Judge of the Probate directs.
ATTAcnMP:NTS may issue against the property of any person when
the debt is under contract for the sum of $50 or over, where it can
be shown ujion testimony that the dtbtor is leaving the Htate, and
about to remove his property, to the injury of his creditors ; and in
all cases of fraud, non-residents and foreign corjjorations.
Washington Territory. — No provision by statute for assign-
ments.
Attachments. — See Montana.
West Virginia.— There is no particular statute regulating
assignments; creditors can by joint agreement arrange with the
debtor by a deed of composition. This deed is usually in the form
of a reduction of the claims pro rata on the dollar, and made in in-
stallments spread over a number of months or even years.
Attachment. — The same law as in Virginia.
COLLECTION LAWS. 29
DOMINION OF CANADA.
Province of Ontario. — Debtor abscdJiding from the prov-
ince with the intent of dtifrauding bis cieditorH, and owinj,' under
contract a debt not Iohh than !i<100, a writ of attachment can issue
!if,'ainst anj' j)roiierty real or personal tliat can be found, but if the
debtor has property sufficient if taken under such attachment to
satisfy the debt claimed, no arrest of his body can be made. The
Superior High Court of Justice judges, if in term, issue these
capias writs in the neighborhood of Osgood Hall at Toronto ; and
the County Court judges in other parts of the province. Garnishee
process can be served where money debts aj'o involved, but in no
case does the writ accompany a right of seizure or detention of the
property, except after trial thirty days in superior claims, and four-
teen days in minor claims; a lispendance can be filed in the regis-
try otHce, where land is involved ; and i^ersons usually buying land
are notified of such pending suits in law against the vendee, by the
same being tiled in the clerk of the court's office. Taxes and rent
take precedence of all other executions of claims whatsoever.
Assignments. — The law provides under a statute of the province
that an insolvent debtor can assign his estate ; all secured creditors
are preferred, all others share alike in the proceeds of the liquida-
tion. Assignee must give security in a bond of two freeholders, in
double tlie value of the assets of the estate ; in other respects he is
under the supervision of the statute, and is expected to make all
cfForts for a quick settlement of the estate. He has power to bring
the personality to an immediate auction sale or sell after appraisal
to 2)rivate persons.
Province of Quebec. — Before judgment may issue attach-
ment may be made in the following cases: (1) upon affidavit of a
personal indebtedness over $5, and that defendant absconds, se-
cretes huuself, or is immediately going to abscond or secrete his
efleets with intent to defraud, or that defendant is a trader, is noto-
rit)usly insolvent, and has refused to arrange with his creditors or
make assignnumt to them or for their benefit, and still carries on
his business, and in either case that, without the benefit of such at-
tachment, plaintiff will lose his debt or sustain damage; (2) on liciui-
30 READY REFERENCE MANUAL.
dated damages, and upon affidavit as to the nature and amount and
causes which gave rise to them, and with judge's order. On cause
shown, attachment may issue in and pending suit previously taken ;
rents in all cases take precedence.
Assignments. — The same as Ontario, by deed of composition or
by general pro rata distribution of proceeds of estate, subject to
secured or preferred claims.
Nova Scotia. — Assignments not voluntary, only after suits
or upon the demand of creditors whose claims in the aggregate
amount to .f 500. When made, the procedure is the same as in the
winding up of an intestate estate. — (See wills and administration of
this province.)
Attachments. — The same as in the Province of Ontario.
New Brunswick. — The insolvency act regulates all debtors'
estates. Preferential claims for money debts, secured debts, taxes
and rent are allowed.
Attachment writs issue only against the property of non-resi-
dent debtors or absconders.
Manitoba, Northwest Territories, and British Colum-
bia. — -The same in substance for both assignments and attachments
as the Province of Ontario. But the regulations of the courts differ
somewhat in the limit of jurisdiction.
PART 11— CHAPTER I.
Pi-o|M'it.v tliat is F,.\i'ni]it from Exccutidii in each State ami TtTiitory in tin;
Unitt><l Stat«'s, ami in cacli Pidviiicc of the Uoniiiiion of ("aiiaiia, aioiij^
with tiu' Statutes of Limitations; Kivinj; the time tliat all Uehts, either
Oral or Under (.'ontract, beeoine (Jutlawod; also the Recovery of Title
to Ki'al Property.
EXEMPTION AND LIMITATION I.AWS.
Alabama. — Personal property to the value of $1000; a homo-
stead recorded under the " Homestead Act," not exceeding IGO
acres of agricultural lands ; or a village, town or city lot and house,
not exceeding in value $2000.
Limitations. — Bills and book accounts three years; actions of
contract, tiespass, damages, or arrears of rent, not under seal, six
years; actions of contracts under seal, for recovery of land or money,
ten years.
Arizona. — For exemptions and limitations, see California.
Colorado. — Property designated as a homestead is exempt to
the value of $'2000. Household furniture, farm utensils, and live
stock, professional instruments and library, to the value of $300.'
Limitations.— Promissory notes, bills of exchange, accounts,
agreements, if accruing within the State, must be sued within six
years; reciovery of title to real estate, ten years; courts of record,
judgments by renewal every six years, can be kept revived for
twenty years.
Connecticut. — Exemptions allowed by law are as follows:
Necessary apparel and bedding, household furniture necessary for
supporting life, arms, military equipments, uniforms, musical instru-
ments used for miUtary purposes, pension monies, implements of
debtor's trade, library to the value of $500, one cow, ten sheep, two
swine, 200 tl)s. of pork, and if debtor has wife and family, 25 bushels
of charcoal, two tons of other coal, 200 tbs. of wheat flour, two cords
of wood, two tons of hay, 200 lbs. each of beef and fish, five bushels
each of potatoes and turnips, ten bushels each of Indian corn and
rye, 24 lbs. each of flax and wool, one stove and pipe, horse of prac-
82 KEAUY KEFEUENCE MANUAL.
ticinjif physician not excceiling $200 iu value, and saddle, bridle,
harnesrt and bugj,'}', one boat used by owner in busincsH of planting
or taking oysters, clnnis or sliad, and not exceeding $'2()0 in value ;
one sewing maing exemptions from at-
tachment, execution or trustee : A homestead, consisting of not
more than forty acres of land in countrj', or city lot not exceeding
one-fourth acre with improvements, provided it has been acquired
or assumed by a head of a family when not burdened with debts
and judgments ; all wearing apparel of himself and family kept for
actual use and suitable to their condition, and the trunks and other
receptacles necessary to contain the same ; one musket, or rifle and
shot gun ; all private libraries, family Bibles, portraits, pictures,
musical iustiuments and [)aiutings not kept for the purpose of sale ;
a seftit or pew wcupied by the debtor or his family in any house of
EXEMPTION AND LIMTTATION LAWS. 37
public worship ; an interest iu a public or piivute burying' ground
not exceeding one acre for any defendant ; two cows and calf; one
lior.se, unless a horse is exempt as hereinafter i)rovided ; fifty sheep
and the wool thereon : six stands of bees, live hogs and ail pigs
under six months ; th« necessary food for all animals mentioned for
six monllis ; all fiax raised by defendant on not exceeding one acre
of ground, and the manufactures therefrom ; one bedstead and the
necessary bedding for every two in the family ; all cloth manufac-
tured by the defendant not exceeding one hundred yards in (juantity;
household and kitclien furniture not exceeding !?200 in value ; all
spinning wheels and looms ; one sewing machine and other instru-
ments of doijiestic labor kept for actual use ; the necessary provis-
ions and fuel for the use of the family for six mouths; the proper
tools, instruments or books of the debtor : if a farmer, mechanic,
surveyor, clergyman, lawyer, physician, teacher, or professor, the
horse or the team, consisting of not more than two horses or mules
or two yoke of oxen, and the wagon or other vehicle, with the
proper harness or tackle, by the use of which the debtor, if a phy-
sician, public oHficer, farmer, teamster, or other laborer, habitually
earns his living ; and the debtor, if a printer, there shall also be ex-
empt a printing press and the typo, furniture a)id material neces-
sary for the use of such printing press and a ne •, spaper office con
nected therewith, not to exceed in all the value of !?120() ; there shall
bo exempt to an unmarried person not the liead of a family, and to
non-residents, their ordinary wearing apparel and trunk necessary
to contain the same. AVhere the debtor, if the head of a familv
has started to leave this State, he sliall have exempt only the ordi-
nary wearing apparel of himself and family, and such other property
in addition as he may select, in all not exceeduig $75 in value,
which pro])orty shall bo selected by the debtor and ap])raised ac-
cording to law ; but any person coming into this State with the in-
tention of remaining shall be considered a resident within the
meaning of the law. None of the exemptions prescribed in this
cliapter shall be allowed against executions issued for the purchase
money of the property claimed to bo exempt, and on which such
execution is levied. The husband is the head of the family, the wife
becomes so at his death ; a son having a motlier or sisters and
brothers to sujiport, becomes also such head.
38 READY REFERENCE MANUAL.
Limitations. — Actioiib for iujuriea to I jb person or reputation,
or for statute penalty, must be brought within two years; to enforce
a mechanics' lien two years; against a sheriff or other public officer
three years ; those founded on unwritten contracts fire years, on
written contracts ten years; those founded on judgment of a court
of record, whether of this or any other of the United States or Fed-
eral Courts in the United States, twenty years; notes are barred in
ten years after date. To renew a note outlawed, it must be in writ-
ing, signed by the payor ; endorsing a payment on a note by the
holder, after the note is barred, will not renew it ; one not a payer,
assignee or endorser of a note, who writes his name on the back of
it, is a guarantor. A note taken by a purchaser after due, accepts
it subject to all the original defences of its maker. Judc/rnevds dock-
eted in the office of the clerk of the county become liens upon the
real estate of the defendant. Justice Courts have jurisdiction to
the extent of $100, and by agreement of parties, up to )?H00. A
judgment in this court is good for ten years, and iilii.g same in Cir-
cuit Court keeps it alive for twenty years longer; there is no appeal
from a Justice Court when the amount is under $2.').
Indiana. — Exemptions to resident householders, of any prop
erty they may select to the value of $600. This, however, only
applies to debts founded on contract, express or im]^lied, entered
into since May SO, 1879, and does not affect any laborer's or
mechanic's lien, nor lien for the purchase money of the real estate
exempted. Upon contracts prior to that date, the exemption is only
$300.
LniiTATioNS. — Accounts and unwritten contracts, six years;
contracts in writing, judgments of courts of record, and for the re-
covery of title or possession of real estate, tvienty years.
Ileal Estate sold under power of sale, in mortgage or by an ex-
ecution of the courts, can be redeemed within a year thereafter upon
payment of all costs and ten per cent, interest. Deeds or mortgages
att'ectiiig real estate must be recorded within forty-tive days ; they
are good between the parties thereto, but not against another person.
Kentucky. — A resident housekeeper with a family is entitled
to exemj)tion from levy of any execution, attachment or trustee pro-
cess, as follows : Two work beasts, or one beast and yoke of oxen,
two cows and calves, certain farming utensils, and household furui
EXEMPTION AND IJMITATION LAWS. 89
ture, Bible, books, provisiouB for family aud pioveuder for beastb,
exempt, sufficient for one year ; mcchauics' tools of the value of
$100, lawyers', physicians' and ministers' professional libraries of
value of $500, sewing machine belonging to any spinster or other
female. There is in addition to all of this under the Homestead
Laws, the right to buy during solvency a homestead to the value of
$1000.
Limitations. — An action upon a judgment or decree of a court,
(the period to be computed from the date of the last execution
thereon) upon a recognizance, bond or written contract upon the
official bond of any court officer, j^ersonal representative, guardian,
etc.; upon a bond or obligation for the payment of money, and for
the recovery of real estate, must be brought within fifteen years
from the time the right of action accrues ; upon negotiable paper,
or promissory notes negotiable, upon an account of trade between
merchants, or for relief on account of goods sold under fraud or
uiistake, within five years; for injury to person, etc., within two
years; upon a merchant's account for goods sold within two years
after the Ist of Januarj' next, after articles delivered ; for excess of
interest paid over legal, one year.
JauuIs sold under executh?). — There is one j-ear after sale, in
which the defendant can, upon payment of the legal interest (six per
cent.), redeem the same. The same time is given is cases of mort-
gage sales.
Louisiana. — Exemptions allowed includes a homestead, rural
or urban, bona fide, owned and occupied by debtor, who may be the
head of a family, or person having a mother or father, or person or
persons dependant upon him or her for support ; also one
work horse, one wagon and cart, one yoke of oxen, two cows,
and calves, twenty-five head of hogs, or 1,000 pounds of bacon or
its etpiivalent in pork, whether exempted objects be attached to
homestead or not, and on the farm the necessary corn and fodder
and farming implements, of the value of $2,000. Husbands home
stead is not exempt, if his spouse has $2,000. Claimed exemptions
iiujst be set apart and recorded as such. Exemptions do not apply
where part of the debt is for pur<^hase money of the exempted home
or articles enumerated ; or for labor or material furnished for build-
ing or repairing the homestead property ; for liabilities incurred by
40 READY UEFEUENCE MANUAL.
auy public ollicer, or fiduciaiy olKcer, or auy attorney-at-law for
money collected or received on deposit, and for claims of taxes.
Limitations. — One year bars innkeepers on account of lodging
or board ; retailers of liquors ; workmen, laborers and servant for
wages ; freight of ships ; and ijayment of officers and crew from
completion of voyage ; supplies in construction or provisioning of
a vessel; actions for injurious words, or damages ; for possession
or title of land ; for delivery of merchandise shipped on vessels ; for
damages sustained to merchandise from collision on vessels, lliree
years bars as follows : — Money lent ; salaries of clerks, etc.; all open
accounts, l^^'ivt, years bars : actions on notes, bills, and all instru-
ments negotiable or transferable by delivery ; actions for rescission
of contracts ; informalities growing out of auy public sale. Ten
years bars : all personal actions in general ; judgments and stated
accounts.
Judgments. — From the courts recorded in the recorder of liens'
office, is good for ten. years, and must then be revived by suit or
reinscribed. Upon all goods or everything sold the seller has alien
thereon, but the same is not good against a third person unless record-
ed in the recorder of liens' office within six days after sale (it amounts
to a mere noting of the article to whom and by whom sold and the
price, credit and any other special conditions of the sale) ; Property
sold for cash and not paid for in eight days, the seller can seize
them wherever found.
Maryland. — The following property is exempt from attach-
ment and execution : Wearing apparel, books and mechanics' tools,
not exposed for sale, and 55100 in value of other household or other
property, to be selected by the debtor.
Limitations. — All simple contract debts are barred by limitation
after the lapse of three years ; Executions may issue any time
within three years after rendering ; they live for twelve years ; but
any subsequent payment or written acknowledgment of the debt
from the defendant, revives the debt.
Massachusetts. — Exceptions allowed under the codes of this
Commonwealth are as follows : Clothing for debtor and liis family,
$1100 worth of household furniture, necessary beds and bedding,
ouo stove and $20 worth of fuel, one sewing machine, library not to
EXEMPTION AND LIMITATION LAWS. 41
exceed $50 in value, oue cow, six sheep, one swine, two Ions of hay,
tools, implements and fixtures necessary to the debtor's trade, to the
value of $100, stock in trade to the value of $100, $50 wortli of
jnovisions, a fisherman's boat, nets and tackle, worth not over $100,
rights of burial, and tombs used as repositories for the defcd. Heads
of families can own a homestead to the value of $800, which is not
terminated by the death of the husband, or by the death of the wife
or the removal of children.
Limitations. — Ordinary debts, as open accounts, notes and bills,
do not outlaw for six yearn ; A note signed in the presence of an
attesting witness is not outlawed until the expiration of tiveiity years;
(that is if said witnessed note remains in the hands of the original
payee or his estate.) A court judgment does not constitute a judg-
ment or lien upon a debtor's property unless a levy has been
made, and does not outlaw for txoeidy years.
Michigan. — rkemptions are as follows : (1) Real Estate, a
homestead not exceeding in value $1,500, consisting of not more
than forty acres of farm lauds, or one village, town or city lot.
I'ersonal Property : Spinning wheels, loom, stoves used, seat in
church, burial lots, arms required by law to be kept, all wearing
apparel, all family pictures, library not exceeding !5l50 in value,
tools, implements, stock apparatus, team vehicle, horses, harness or
other things to enable a person to carry on his principal business,
not exceeding $250 in value ; a sufficient quantity of food for six
months for live stock exempt ; one sew mg machine ; to each house-
holder ten sheep and fleeces, two (!ows, five swine, family provisions,
and fuel for six months, and also all householders' goods and fur-
niture not exceeding $250. Any chattel mortgage, bill of sale, or
lien on exempt property, except tools of trade, is void, unless wife
joins in its execution.
Limitations. — Actions of contracts, wrongs, etc., must be
brought within six years; slander and libel within two years; on
open accounts, from last item charged, six years; on bonds, ten
yean. New promises must be in writing. Actions relating to land
must be brought within tioenty years; if right accrued since 1863,
within fifteen years; by minors, j)erson8 insane, or employed on
the high seas, etc., within fii^e years after removal of disability ; on
8
42 READY REFERENCE MANUAL.
moit^'iiges, twe?itt/ years after due or last paj meut. All court of
record judgments exists ten years; justice court judgments, six
years; all judgments can be kept alive by renewal in the proper
offices ; justice courts have jurisdiction to the amount of $300.
Minnesota. — The following are the exemptions allowed: Fam-
ily bible, family pictures, school books, or library, musical instru-
ments for use of family, a seat or pew in any place of worship, a
lot in any burying ground, all wearing apparel of debtor or faniily,
all beds or bedding and bedsteads kept for and used for debtor and
his family, all stoves and appendages put up or kept for use of
debtor and his family, all cooking utensils and all household furni-
ture not herein enumerated, not exceeding $500 in value ; three
cows, ten swine, one yoke of oxen and a horse, or in lieu a span of
horses or mules, 20 sheep and wool from same, necessary food for
stock for one year, provided or growing, or both ; one wagon, cart,
or dray, one sleigh, two ploughs, oue drag, and other farming uten-
sils, including tackle for team, not exceeding $300 in value ; sawing
machine, grain necessary for oue years' seed, not exceeding 50 bush-
els of wheat, 80 bushels of oats, 30 bushels of barley, 15 bushels of
potatoes, three bushels of corn, provisions for debtor and family for
one years' support, provided or growing, or both, and one years'
fuel, tools or instruments of any mechanic, miner or other person,
used a. id kept for the purpose of carrying on his trade, and stock in
trade not exceeding .$400 in value ; library and implements of any
professional man, wages of any laboring man or woman, or minor
children, not exceeding $20 due for services rendered during the
ninety days preceding the issuing of the process ; all the presses,
stones, type, cases, and other tools and implements used by any co-
partnership, or by any publisher or editor of a newspaper, and in
the printing and publication of the same, not to exceed $2000 in
value, together with stock in trade not exceeding $400 in value ;
homestead, not exceeding eighty acres of land, with dwelling house
thereon, not included in the laid out portion of any incorporated
town, city or village, or instead thereof, at the owner's option, land
not exceeding one lot if within the laid out portion of any incorpo-
rated town, city, or village having over 5000 inhabitants, or one half
acre within the laid out or platted portion of any incorporated town,
city or village having less than 5000 inhabitants, with the dwelling
EXEMPTION AND LIMITATION LAWS. 48
houKe thereon and appiirfceuances. All money arising from insur-
ance of any property exempted from sale or execution, when such
proi)erty has been destroyed by fire.
Limitations. — Actions for the recovery of real property must
be br()ii<^lit within tweedy years; to foreclose a mortgage, fifteen
ye<(rs; upon a judgment of the United States Court or any State or
Territory, teti years; upon contract or other obligation, express or
iinijlied, or upon a liability created by statute, other than upon a
penalty or forfeiture, for trespass, for taking, detaining and injur-
ing personal property, for criminal conversation, for injury to per-
son or rights of another, not arising on obligation, for relief on
ground of fraud, six years; upon action against sheriff, coroner,
constable, upon official liability, upon statute of liability and for-
feiture, three years; action for slander, libel, assault, battery, or
false imprisonment, upon a statute of forfeiture or penalty to the
State, two years; if, when cause of action accrues against a person,
he is out of the State, action may be commenced within times herein
limited, to the State. No acknowledgment or promise is sufficient
evidence of a new or continuing contract, by which to take the case
out of the operation of the statute, unless contained in writing
signed; but the eft'ect of any payment of principal or interest is not
altered.
Judgments, executions from the superior courts may issue any
time after rendering within ten years.
Missouri. — Exemptions. A homestead occupied by the owner
and head of a family, in cities of 40,000 (or more) inhabitants, a
property not exceeding $3000 in value, and 18 square rods in size ;
incorporated towns and villages of less than 40,000 inhabitants, not
exceeding $1500 in value, and 30 square rods in size ; and in the
country a farm of IGO acres, not exceeding $1500 in value. " Head
of family " is very liberally construed. An unmarried man keeping
house with his sister, has been held as such. All wearing apparel
of the family and various other articles of personalty, cattle, etc.,
to the extent of about $400, are exempt. No property is exempt if
debtor is about to leave the State, or is a non-resident, and no chat-
tel is exempt from execution (when in purchaser's possession) upon
judgment for the purchase price thereof.
Limitations. — Judgments of court of record, twenty years;
44 READY REFERENCE MANUAL.
actions ou notes and other written instrumentsof every kind, actions
to recover real estate in possession or title claims, ten years; ac-
tions on contract (express or implied) not made in writing ; actions
on opon accounts dating from the last item on the adverse side, in
case of mutual agreements or accounts ; actions for trespass on real
estate: actions for taking, detaining, or injuring personal property;
actions for relief on ground of fraud (dating from its discovery),
within ten years after its commission, three years ; actions
against pnlilic ofiiccrs for ofHcial misconduct or malfeasance; ac-
tions for statutory penalties and forfeitures; actions for libel, slan-
der, assault, false imprisonment and c?*<//i. fon., two years; Infants,
married women, convicts and the insane have the statutory period
ahove named after their disabilities are removed. A new promise
or acknowlfigment in writing will take the claim out of tlie oi)era-
tion of this statute, as will also a part ]»aynient of the debt or inter-
est. If the debtor departs from the State, he cannot claim the
benetit of the statute for the time he is absent.
JuDGMKNTs of circuit court are a lien upon the land of the
defendant in the county where rendered for three years after their
date; and they may be revived at any time within ten years, by
n^scription by plaintiff or his attorney in the sheriff's oHice. Jus-
tice judgments can be; tiled against lands by transcript ; judgnuMits
ill other counties than when! the debtor's lands are situated, can by
certified copy of tlie judgment be filed in flie county where the
lands are situated. Justice jurisdiction extends to debts of sJ^-ioO
in cities of over 50,000 inhabitants, under that to $150.
jVIoutgage Sai.ks oi' Lanj). — There is no tinu; allowed for
redemption after sale is made; every such sale nuist be sufficiently
advertised. Mortg.agees not discharging a mortgage s;itisfied, in
the recorder's oftice, where recorded, are liable to a penalty for
damages, amounting to ten per cent, of the i)rincipal amount of the
mortgage.
Montana Territory. — A homestead not exceeding in value
^2,500; personal pro])erty, including furniture, wearing apparel,
provisions, farming implements, mechanic's tools, professional juaii's
libraries and outfits, farm stock and fodder, in all to the value of
1)1,000 additional to a homestead.
EXEMrTION AND LIMITATION LAWS. 46
LiMiT.viio.vs. — Miniiis,' claims must l)o siumI for within one year;
rt'iil estate, three years, as to posst'ssioii or title; onliiiary contracts
ill writing ami upon U. S. Court jinlLfments, nix years ; actions on
accounts, Itills or oral c(jntracts, damai^es to person or property, two
years.
JuDG.MKNTs of tlic courts art) lions upon real estate fortwoyears
after being filed. Execution may issue any time within .s'jj; years.
Nebraska. — Exemptions allowe(l to tlehlors against execu-
tions, alta<!hmeiits or trustee process, are viz.: — A homestead to
liead of family to tiie value of :!i:J,000 along with personal property
as follows: S(;hool books, library, etc., pew in church, burial lot,
necessary wearing apjiarel for di^btor and family, bed, bedtling, all
stoves and appendages not to exceed four, and other household fur-
niture to be selected by debtor, not exceeding in value iJ^loO; also
one cow, three hogs, all pigs under six nioiitlisold, ami if the debtor
is actual! V engaged in agriculture, in addition, one voke of oxen, or
pair of horses or mules, ten sheep and the wool thereof, necessary
food for the stock for three months, one wagon, one cart or dray,
two ploughs and one drag, the necessary gearing for teams and
other farming implements not exceeding ^.JO in value; also provis-
ions for the debtor and his family necessary for six inonthK, pro-
vided or growing, or both, and fuel for six months; also the tools
and iiistriinu'iits of any mechanic, miner or other person, used for
carrying on his trade or business; the library and instruments of a
professional man. Nothing is exempt from execution or attachment
for clerks, laborers, or mechanics' wages, or for money diu' and
owing by an attorney-at-law for nioney or other valuable consider-
ations received, collected or otherwise deposited with him, as attor-
ney for any })ersoii. The wages of mechanics or clerks or laborers,
who are heads of families, in the hamls of employers, both before
and after due, shall be exempt, provided that not more than sixty
days' wages shall be exempt at any one time, nor will the wagi-s be
exempt if the person is about to abscond. Persons who are the
heads of families and are householders, and having no homestead,
are allowed an exemption of iji-jOO of personal property.
Llmitations. — Actions for recovery or otherwise aifecting mort-
gages, etc., of real estate, must be brought within ten years ; con-
tracts, agreements in writing, or foreign judgments. Jive years/
46 RKADY REFEUENCE MANUAL.
contracts not in writincf, express or iiiii»lie(l, four yenrn; persons
uiifler age, insane, or otliorwise inciapaeitatecl, the statute will not
commence to run until such disabilities become removed; persons
leaving tlie State, dej)rive tliemselves of the rights of the statute,
for all such time as absent; written promises to pay, or the payment
of any principal or interest, revives tlie limit to date from hucIi
payment. Outlawed claims under the limitation laws of other
States, caimot be enforced under the provisions of this State's
statutes.
ExEOLrTio>fs may issue at any time within /jwe ijears; judg-
ments are liens as follows: — Federal Courts against any lamls with-
in the State; U. S. District Court, within the district, and county
court judgments, upon all debtor's lands in the county; transcripts
can be made filing any of them against lands owned by debtor in
any part of the State. Justice jurisdiction, $100.
New Hampshire. — The following property is exempt from
execution or attachment : A homestead in value not exceeding $500,
during the life of the wife or widow and minority of the children of
debtoK ; necessary wearing apparel, beds and bedding for debtor,
his wife and children ; household furniture to the value (selected by
debtor) of flOO ; books and libraries to the value of )5200 ; mechan-
ic's tools, etc., to the value of $100; provisions and fuel to the value
of $50; a horse and yoke of oxen and four teas of hay; hog and
pig, and pork of same ; six sheep, cooking stove and furniture, in-
terest in pew and burial lot in cemetery ; sewing machine.
Limitations. — Actions of trespass to persons, and for defama-
tory words, may be brought within two years; all other personal
actions, within six years; actions of debt upon judgments, recog-
nizances and contracts under seal, may be brought at any time with-
in twenty years after due.
Judgments are a lien upon all real estate of the debtor within
the county or district that they are issued within. Execution may
issue any time within tioenty years from its rendition; justice and
police courts have jurisdiction (except where real estate is involved)
up to $100; in some cities their jurisdiction are extended to $300 or
$500 ; one year is left open to redeem real estate sold under power
of sale in mortgage or execution.
EXEMFnoN AND LIMITATION I-AWS. 47
New Jersey — The cxomptions ttllowpil are as followH: A
lionif'stcail, l)v (loiifoiijiing to the statutes for that purpose, the lot
and buihling thereon, occupied as a residence and owned by debtor,
being a householder and having a family, not exceeding in value
$1000. All wearing apparel of debtor and his family, aiid Helected
personality to the value of $200. No property is exempt from its
identical purchase money.
Limitations. — Actions for slander must be sued within tioo
yearn; upon constable's bond and trespass to person, within Joitr
yearn; all actions of general trespass, trover, detinue, and replevin,
debts not founded on specialty, all actions of account, and on the
case, within six years; actions on sheriflf's bonds, within nbie
years; actions on specialties for payment of money or award under
seal, or for rent or lease under seal, within sixteen years; on all
court of record, or transcripts from other courts recorded, within
tii^eiity years; part payment of any part of the debt, or a written
promise to pay, will revive the outlawed debt. Absence from the
State stays the running of the statute, except where plaintiff is a
non-resident and the cause itself originated without the State.
Judgments are only a lien after actual levy on the property; but
they can be made a lien on real estate by docketing them in the
Court of Common Pleas. Executions levied first, take precedence,
although the last on record. Justice Courts have jurisdiction in
cases of a civil nature, to the extent of $200.
New Mexico. — Exemptions are as follows : Homestead, ac-
tually occupied by head of family, not exceeding in value $1000 ; all
necessary tools and implements, not exceeding in value $20 ; bibles,
hymn books, food and provisions, not exceeding in value |!2£ ; and
furniture under $10; wearing apparel, bods and bedding, and fuel
for thirty days for debtor and his family. (This is, apart from the
homestead, the barest in the United States.)
Limitations. — Teii years adverse possession of real estate
under color of title by possession or otherwise, bars all claims and
suits whether of law or equity, except as to persons of unsound
mind, infants, convicts, or persons beyond the limits of the United
States. Action for recovery of payment for personal debts, must
be commenced within o7ie year after the cause of action accrues.
HJxecutions issue immediately after rendering of the judgment, and
48 UKADY UKFKUKNf'p] MANUAL.
to (lilVenMit coiiiitifH, must l)e issued within one ytur or revived, or
they bceoiue deud.
New York.-- 'J'he followiiif,' property when owned by iihouse
hohler, is exempt from levy iind siilo by virtue of an execution, and
eiu'h moveable article thereof contiuues to be bo exeiujit while the
family, or any of them, are removiu},' from one residence to another;
all spinning wheels, weaving looms, and stoves, jtut up or kept for
use in u dwelling house ; one sewing machine with its appurte-
nances ; tlu' family bible, family pictures, and school books used by
or in the family, and other books not exceeding in value .^50, kept
and used as part of the family library; a seat or pew occupied by
debtor or the faniily ; ten sheep with their fleeces and the yarn or
doth manufactured therefrom; one cow, two swine, and the neces-
saries of food for the same ; all necessary moat, tish, tlour, and the
vegetables actually provided for family use, and necessary fuel, oil,
and candles for the use of the family for sixty days ; all wearing
apparel, beds, bedsteads and bedding, necesnary for the judgment
debtor and the family ; all necessary cooking utensils, one table, six
chairs, six knives, six forks, six Bi)oons, six j^lates, six tea cups, six
saucers, one sugar dish, one milk pot, one tea pot, one crane and its
appendages, one pair of andirons, one coal scuttle, one shovel, one
pair of tongs, one lamp, one caudle stick, tools aiid implements of a
mechanic necessary to carrying on of his trade not exceeding in value
!?25. In addition to the above, necessary household furniture, work-
ing tools, ami team, professional instruments, furniture and library,
not exceeding in value $250, together with the necessary food for
team for ninety days, are exempt when owned by a person being a
householder or having a faniily for which he i)rovides, except when
the execution is issued upon a judgment recovered wholly upon one
or more demands, either for work jjerformed in the faniily as a do-
mestic, or for the purchase money of one v)r more articles exempt as
above stated. Where the judgment debtor is a woman, whether
married or unmarried, she is entitled to the same exemptions and
subject to the same exceptions. The pay and bounty of a non-com-
manding officer, musician or private, in the militaiy or naval service
of the United States, a land warrant, i)ensiou, or other reward
granted by the United States or by the State for military or naval
services, a sword, horse, medal, emblem, or device of any kind pre-
EXKMi'TlON AND LIMITATION LAWH. 49
Hcritod us H toHtiiuoiiiivl fur HcrviceH rciuloicil in i\w inililaiy oruiival
horvir*! «»f tlui United States, iiiul tlio iiniforui, iviiuh ami tMiuipnientH
me alHO exempt. AIho tlio family buiying ground, not exceeding in
extent one (juarter of au acre, and provided a portion of it has been
aftmilly iised as a burying ground, and doew not contain any build-
in;^' or Ktructur(>, ex<'ei)t one or more vaults or otlier places of deposit
for tlie deiid, or mortuary monuments. A proper notice, Hubscril>ed,
iickni.wledged and ))roved as a deed, ntating the location and pur-
pose, must be duly recorded in the county where the land is situ-
ated, lit least three days before the sale by virtue of the execution.
,\lso a homestead, not exceeding in value .*1()()(), occupied as a resi-
deuce by ii householder, having a family, providtnl the claim for
such exemption has been lihd in the otlice of the clerk of the county
where the homestead is situated, in a book styled the *' Homesteiid
Exem))tion Book." The same homestead exemption exists in favor
of a married woman if oc<'Upied by her us a residence, under the
same quulilicution and restrictions. In case of injury or destruction
of the dwelling home, one year's grace is allowed.
liiMiiA rio.Ns. — Actions by llic State, in respect to real property
or its issues or profits, must in certain cases bi- brought within /oi'ti/
t/ears, and in other cases within (ire/iti/ years,' to recover real ]>rop-
ertv by a party other lliun the IVople, on a sealed instrument or a
jiidgmeiit or decree, within tiocnty yenrs; upon a contract liability,
implied or I'Xpi'essed, exce})t a judginent or decree; upon a statutory
liability, other than a [)eiialty or forfeiture; for damages for injury
toprdperty of [lerson, except as hereinaftiM' mentioned; to estaidish
a will; upon a judgment or dicree not of a court of record, within
■fix yeiirti. Against a sherilV, coroner, eoiistalile, or other otlicer for
the 'loiipaynient of money collecteil upon execution; against aeon-
stable by omitting or doingaii oHicial act other than escape; upou a
statute of penalty or forfeituri' where the action is given to the
person aggrieved, or to him and lliu State; against an executor,
administrator or receiver, or trustee of an insolvent debtor; to re-
cover damages for a personal injury resulting from negligence,
within t/irec years. '1V» recover damages for liltel, slandi'r, assault,
l»attery, false imprisonment; upon a statutory penalty or forfeiture,
or against a sheriff or ofticer acting in behalf therefor of the State,
within tino years; against a sheritF, coroner, fordoing an ofHcial act
50 READY REFERENCE MANUAIi.
except as above provirled; against any officer for the escape of a
])risoner, arrested or imprisoned by virtue of tlio civil mandate,
witliin one year. If a person, entitled to maintain an action, except
for penalty or forfeiture, or against a sheriff or officer for escape, is
at the time cause of action accrues withiji twenty-one years of age,
insane or imprisoned, or taken in execution for less than a life sen-
tence, the term of all limitations above enumerated maybe extended
five years after time above specified; in cases of infants, one year
after they become of age. All j)ayments of money on account or
promises in writing from the debtor, takes the claim out of the
operation of the statute. Executions may issue at any time within
five years, and after that time on the application to the court for an
order.
North Carolina, — The exemptions allowed every resident of
the State are as follows: A homestead not excecMling in value sjilOOO,
t ) be selected by him; this right is a fee simple. !^50() in value of
j)ersonalty in addition to the above, is exemj)t. The homestead
cannot be conveyed or waived, except by full and voluntary con-
currence of the wife,
LiMiTATios. — Actions upon contracts, obligations, or liability
arising out of contract, wherc^ the trespass is proved, upon real prop-
erty, for taki?ig, detaining, or converting, or injuring chattels
against sureties of an executor, etc., or sureties upon a bond or sealed
instrument against bail, or for relief on ground of fraud, (including
notes, bills and accounts) must be brought within three years. On
bonds or notes under seal, actioTi is barred after ten years. Open
current and oral accounts, from the date of last item charged is the
rule. Promise to defeat the operation of the statute must be ^n
writing signed by the debtor or his duly authorized representative.
Executions are a lien on real estate, from the (bite of docketing the
judgment. They may be issued any time within three years. Jus-
tice Courts have jurisdiction upon contract debts (not real estate)
to the principal amount of $200; in damages to the extent of |S50.
Ohio, — The following are the exemptions allowed against ex-
ecution or attachment claims : — Every widow and person having a
family, holds as exempt, wearing apparel, household furniture, cow,
&c., to amount of about $170, bibles, books, etc., and family pic-
tures, sewing machine, knitting machine, tools and implements nee-
EXEMPTION AND LIMITATION LAWS. 51
essary to carry on his or her trade or business not exceeding in
value !?100 ; personal earnings of self, minor child or children, for
three months next preceding the issuing of execution or attachment
when necessary for support and maintenance of debtor's family ;
specimens and cabinets of natural history or science, unless kept
for shew or gain. A drayman, who is the head of a family, has his
horse, harness and dray ; an agriculturist has one horse, a yoke of
cattle, with necessary gearing, and one wagon ; a doctor has one
horse, saddle and bridle and books, medicines and instruments [)er-
taining to his profession, not exceeding $100 in value. Husband
and wife living together, a widow or widower, living with an unmar-
ried daughter or unmarried minor son, hold a family homestead to
the value of $1000 ; or if none, $500 in value of personal property ;
if either husband or wife own a homestead, the $500 exemption
cannot be daitued. A.u unmarried woman holds exempt wearing
apparel not exceeding $100, one sewing machine, and knitting ma-
chine, and books not exceeding in value $25.
Limitations. — Action against an executor on bond, save in
special cases, must be commenced in four years ; for recovery of
real estate, twenty one years; forcible eutx-y and detainer, or de-
tainer only of real estate, tioo years; written agreements, contrac^t
or promise, fifteeii years; contract not iu writing, express or im-
plieil, liability created by statute, other than penalty or forfeiture,
six years; trespass on real estate, taking, detaining of personal
property, replevin, injury to the rights of plaintiff not arising on
contract, and not hereinafter enumerated, and relief on ground of
fraud, does not accrue until discovered ; for re.ief not hereinbefore
specified, ten years. If the person entitled to bring suit be within
the age of twenty-one years, a married woman, insane, imprisoned
. persons, they have, after the disability is removed, iu the first class
of real actions, ten years; in actions not in the first two classes of
real action, the times hereinbefore sjiecified. If at, or after the time
that the right of action accrues, defendant be out of the State, ab
sconded or cout.'ealed, the statute does not run. In cases founded
on contract payment thereon, or written acknowledgment thereof,
or written and signed promise to pay, takes the operation of the
statute to commence from such written promise, or the payment of
money on account in like manner ; judgments of the court of Com-
62 READY REFERENCE MANUAL.
inoii Pleas, are liens upon all the debtor's real estate within the
county where rocorJetl. Transcripts from inferior courts may be
filled in i like manner.
Pennsylvania. — The exemptions allowed in this common-
wealth, are namely: — Real or personal property to the value of
.fSOO, to be selected by the defendant, and to be appraised
by disinterested persons appointed by the officer executing
the writ, and, in adtlition thereto, all wearing apparel, bibles and
school books are exempt. In case of the death of a debtor, the
widow and family are entitled to a similar exemption. A sewing
machine belonging to a seamstress is also exempt. Debtors may
waive their right of exemption, or by their absconding or commit
ting fraud they deprive themselves of it.
Limitations. — All actions on contracts, book accounts, notes
and other instruments, not under seal, must be commenced within
six years after the cause of action accrued. Actions for trespass to
the person, within tmo years; actions for slander and libel, o)ie
year. A debt may be revived from the operation of the statute bv
a distinct oral or written promise to pay it, or by the payment of
money on account of that debt. Judgments are a lien on all the
debtor's reality within the county where rendered. All judgments
issued the same day are equal as to right, regardless of the hour ;
thf3y iire good for live years, and at the expiration of that period,
may ba revived for dve years longer, anil so on for an indelinite pe-
riod. Just lee Coicrts have jurisdiction outside of Philadelphiii
county, in sums of $300 ; in rhiladelphia county only !$100 ; an ap
peal is open where the sum involved exceeds $5.33.
Rhode Island. — Exemptions allowed a debtor: Necessary
wearing apparel of his family, uniform, arms, and e(juipmeut of mi
litia men ; one pew in church, one burial plot ; working tools not
exceeding in value $200 ; household furniture and family stores,
not exceeding $300, of a house kv^eper ; books in use in the famil}',
not exceeding .$300 ; ono cow and one and a half tons of hay, one
hog, one pig, and tlio pork of the same, of a house keeper; m.iriner's
wages until tormination of voyage; debts secured by bills of ex-
cliango, and promissory notes; ten dollars of wages, except it be
for necessaries; wages of debtor's wife and minor children.
EXEMPTION AND LUriTATION LAWS. 53
Limitations. — Sm years on book accounts from lust item;
1)011(1 notes, judgments, scaled and unsealed l)ut written promises
to ])ay, tineiity years. Judgments arc ikj lien unless levy in tlit!
usual form is advertised and made. Justice jurisdiction is ^100.
South Carolina. — Exemptions arc included in and area part
of the constitution of this State, and provide as follows: — 'I'lie lu-ad
of each family residing in this State shall have the right to a " family
homestead," consisting'uf dwelling house, outluiildings, and lands,
appurtenances, not exceeding in value •<;l,000 and the yearly pro-
duct thereof, shall he exempt from attachinent levy, or sah- under
any process issued from any court. The following 2>t'i'«<>'i;^l prop-
erty is also exein2)t: household furniture, beds, bedding, family
library, arms, carts, wagons, farming implements, tools, neat cattle,
'■ work animals, swine, goats and sheep, not to exceed in value in
till' aggri'gate the sum of ^500. Xo ])roperty is exempt from taxes,
or the payment of the purchase money -therefor; the homestead is
lint e\('m2)t from the payment of labor or money expended on im-
provcnu'iit thereon; the income from the homestead is not exempt.
Limitations. — All real actions, within ten years, except when
Ipy the State, or jiersoiis claiming under the State, then, in such cases,
tii-enty yeai;^. On foreign judgments, or upon sealed instruments
otiier than sealed notes or jicrsonal bonds for the payment of money
o]\\y, tirexty years. 'J'lie following, within six years : (1) on con-
tract, express or implied, and upon sealed notes and personal bonds
for the payment of money only; (2) on statutory liability other
than jieiialty or forfeiture; (3) on trespass on real property; (4) for
I'oiiveisioii, damage or recovery of personal pro2)erty; (o) for
(•riiiiiiial (tonversion and personal tort notarising on contract; ((i) for
relief on ground of fraud (the action dating from the cause thereof
accruing). The following, within three year.^ : (I) an action against
a sliorilT upon lialiility in his otHcial capacity; (-2) on statutory lia-
l>ility, when action is given to aggrieved party. The following-
wit hi n ^w ^/eanv .■ for libel, slander, assault, battery, or false im-
pris(.iimeiit, and upon statutory forfeiture or penalty. All actions
lor other relief, within ten years. Action upon an open aec^ouiit
accrues from the last item charged thereon. If the l)arty entitled
to bring action, or to defend an action for real property, is an in-
taiit, insane, imprisoned, then action may b(^ brought or defended
54 READY REFERENCE MANUAL.
after ten years, ami within five years, after the disahility has ceased.
Ill all other actions, the time of disability is not counted, except
that the time cannot be extended more than five years, by which
reason such disability may be for infancy, and in such case the time
will be extended to the period of one year after attaining of majority.
Persons leaving the State forfeit the right of the operation of the
statute. Judgments of all courts of record are a lien ui)on I'calty
for ten years, from the date of docketing such judgments.
Tennessee. — The following property is exempt from execution
or attachment: — household furniture and goods to the value of $250;
a homestead recorded under the statute as such in the name of the
head of the familj'-, to the value of $1000; a horse, wagon and cart
additional. A farmer has also a few farming implements, and what
would be required for a year's support.
LhMn'ATioNs. — The time to commence action on all kinds of
commercial paper, is limited to six years from the last item on
either side of an account, or from the date of maturity of a note or
bill of exchange; the "book debt" law gives two years (this is an
act that is practised by small traders, such as grocers, butchers and
milk venders; they have a small account book that is for entering
their daily deliveries, and are regarded as cash, ])ut for convenience
are entered in what is styled the "book debt" way). Persons un-
der disability to bring or defend actions, have two years after the
disability has been removed. Judgments are not a lien upon per-
sonal property until actual levy; upon real estate the judgment
unless registered by abstract upon the deed register for the county,
is not a lien ; after registration it is only good for one year.
Justices of the Peack have jurisdiction upon notes to the
amount of $1000; $500 on account.
Texas. — Exem])tions allowed are : (I) homestead of a family
not more than 200 acres in the country, and improvements thereon;
in town or city or village, lot or lots, not exceeding $5000, at time of
their designation as a homestead without reference to the value of
the improvements thereon, except from forced sale or j)ayment of
any debts, other than purchase money thereof or part of such })ur-
chase money, the taxes due thereon, or for work or material used in
construction of improvements thereon; (2) all household and kitchen
furniture, all implements of husbandry, all tools or apparatus be-
EXEMPTION AND LIMITATION LAWS. 55
loiwing to any tradesman or professional man; all books belonging
to public or private libraries; five milch cows and calves, two yoke
of oxen, two horses and one wagon, one carriage or buggy, one gun,
twenty hogs, twenty head of sheep, all provisions and forage on
iiand for home consumption, all saddles, bridles and harnesses neces-
sary for the use of the family; and to every citizen not a head'of a
i'ainijy, one horse, bridle and saddle, all wearing apparel, all tools,
apparatus, and books belonging to his private library.
Limitations. — (1) Actions affecting real estate must be com-
iiH need within three, /jce, or ten years, according to the time of
possession; (2) actions of tresi)ass to estate or person, detinue or
trover, for taking away the goods and chattels of another; all ac-
tions upon open account other than such accounts as concern the
traile of merchandise between merchants, their factors and servants,
sliall be sued within hco years after cause of action arose; (3) ac-
tions for injuries done to the person of another, shall be commenced
witliin one year; (4) actions upon debt in any contract in writing
iimsi be sued withinyb^r years, next after the cause of action arose,
and not after.
.Ii'I)(;ments are a lien upon the lands within the county where
such judgments are rendered by the courts of record, from the date
of it being rendered; transcripts from outside counties are only good
IVoni llieir iiling as a lien; execution must issue uj)on all judgments
within one year from the first day that an execution could be issued;
tlie judgn\ent can be kept alive for ten years. Justices have juris-
diction to till' amount of ^200. An appeal is allowable in all cases
over ;j!20.
Utah. — The law allows the head of a family a homestead to
the value of $1000, and personality to each member of the family of
$250 ; along with household furniture, cooking utensils, wearing
apparel, tools of mechanic or tradesman, farming implements, and
live stock and fodder, and provisions and fuel.
Limitations. — Actions respecting real estate, within sei'en
years; written contracts or agreements, within four; for taking,
detaining, or injuring goods or chattels, including an action for
their specific recovery, three years; upon any oial contract or obli-
gation, such as a store account, etc., two years. Jvdyment is a lien
50 READY REFERENCE MANUAL.
upon real estate, if debtor has been a resident of the county in the
territory where issued for two years.
Vermont. — Exemptions from ex(3cutiou, attachment or trustee
process, are as follows : Real estate kept and occupied as a home-
stead, the dwelling and buildings thereon, not exceeding .$500 in
value ; all rents, products thereof, necessary wearing ajjparel, house-
hold furniture, bed and bedding used by family ; farming imple-
ments to the value of $250 ; a yoke of oxen, ten sheep, all growing
crops, three swarm of bees, 200 ttis. of maple sugar, fodder for one
winter for exempted stock; professional man's library and furniture
to the value of *200.
LiMrfATioNs are as follows : All actions of account, assumpsit
(except assumpsit on witnessed note) of debt, upon contract not
uiuler sc:il, iixpress or im]»liod, or of debt on judgiiuMit <jf court, not
a court of record of the United States, or of this or sonic otlu-r State,
and all actions for torts, except assault and ball cry, false imprison-
ment, slander or libel, nuist be commcnceil within six years next
after cause of action accrues; all actions against towns or town
clerks Uiv neglect in matter of rec^ords ail'ccting property, within six
years next after final decision, based on such ncglccit, against the
party ciaimiug damage from such neglect; all actions for assault
and battery, and false imi)risonmeiit, within three years next after
cause of action accrues; for slander and libel, two years after cause
arises; against shcrifT", for misconduct or negligence of deputies
within fmir year^J on Avitnessed promissory note, within fourteen
years; of debt scire facias, on judgments, within eight years from
its rendition; on (lebt on specialties, covenant other than of war-
ranty and seisin, contained in a deed of land, within eiyht years
next after cause of action accrues; of covenant on warranty in deed
of land, within eight years from linal decision against the covenan-
ter's title; for the recovery of lands or the possession thereof, and
of covenant on covenant of seisin, within fifteen years next after
cause of action accrues. There arc various exceptions to the above
limitations in cases of aliens, U. S. soldiers, minors, married women,
and persons insane and imprisoned; and in cases of absence from
the State, death of party, failure of suit, unavoidable accident in
service or return, by default of officer serving the writ or by tech-
nical delect. The above limitations do not apply to evidences of
EXEMPTION AND LIMITATION LAWS. 57
debt issnud by moneyed corporations. An iicknowledgnicnt or
jironiiso in order to take a case out of the statute of limitation must
he in writint;, sii^ned by tlie party to be aflFected; and any indorse-
ment of payment on written instrument, in order to have above
effect, must be in handwriting of party making tlie payment. All
claims in set off are governed by above provisions.
Virginia. — The property exempt from execution and attach-
ment is as follows: Wages exempt to amount of $50; homestead
described as such in •' Homestead Deed Book" to value of $20()();
mechanic's tools, farmer's ordinary in\plemeuts of husbandry, neces-
siiry family effects; library and family pictures to the value of
*100.
Limitations. — Upon indemnity bonds, within ten years; all
sealed instruments for the security of money and recordeil and all
court of record judgments, within «ioe)i<?/ years; promissory notes
and contracts for payment of money, within five years; merchant's
accounts, oral agreements, within two years, (two years allowed for
disability, after the cause is removed, or ceased.) Possession of land
within ten years if east of the Alleghany range; west of ii,Ji/teen
years.
Wyoming Territory. — The laws of exemption allow the fol-
lowing: A homestead to the value of $1500; furniture and effects
thereto belonging, to the value of $500, (separate property belong-
ing to the wife exempt to the same extent); persons engaged in ag-
riculture have a selected exemption of implements, seed and stock,
to the value of 8350; professional man's libraries, to the value of
!?;i5u; family wearing apparel and appurtenances, when they have
no homestead under the statute, to the value of $150.
Limitations. — The recovery of possession or title or the revoca-
tion of a deed, within twenty-one years; all debts in writing, within
A'w years; all open accounts and oral agreements within /our
years.
Judgments are liens upon all lands of the debtor's within the
county for five years, and if execution issues within that time it re-
news it for five years from tlie expiration of the first term. Deeds
and mortgages must be in writing, and have two witnesses, and be
recorded within three months, or they become void.
4
68 READY REFERENCE MANUAL.
Wisconsin. — The exemptions allowed a juilgineiit debtor are
as follows: A homestead within any town, city or village, not ex-
ceeding a (jiiarter of an acre in extent, or forty acres used for agri-
(Hiltiiral i)ur|)oses, outside such city, town, plat or village, is exempt
from execution irrespective of value; mechanic's liens or mortgages
lawfully ohtained thereon, are not affected, hut mortgage to he bind-
ing the wife must join or waive the riglit of homestead; su(th home-
stead can be sold and removed to be applied into another; if burned
by accident, the insurance is exempt from attachment or execution;
also, the family biltle, family pictures, school books; the library
of the debtor, not used as a circulating lil)rary; all wearing apparel
of debtor and his family; all beds, bedsteads and bethling kept and
used for debtor and his family; all stoves and appendages, all cook-
ing utensils, and all other household furniture, not exceeding .$200
in value; one gun, rifle or other firearm, not exceeding $50 in value;
two cows, ten swine, one yoke of oxen, one horse and one mule, or
ill lieu of one horse and one mule, a span of horses or span of mules;
ten sheep, and the wool from the same, either in raw material or
manufactured into yarn or cloth; necessary food for all exempted
stock for one years' siipjxjrt, either provided or growing, or both, as
the debtor may choose; one wagon, cart or dray, one sleigh, one
plough, one drag, and other farming tools and implements; or stock
ill trade of any mechanic, miner or other jierson, used and kept for
the ))ur])Ose of carrying on his business or trade, not exceeding in
value .S^OO; the library and instrunuMits of a professional man. All
the above enumerated property is, however, not exempt from .at-
taclinieiit or execution issued upon judgment in an actinn for the
jnircliase money of same property. There is further exemption to
an inventor, all his or her inventions secured by letters patent of
the United States; one sewing machine, owned and kept for the use
of debtor and his family; any sword, plate, books, or other articles
jiresented to any jterson by Congress or the Legislatures of the
United States; printing materials, presses or press, not exceeding
$1500 in value, as the owner may determine; the earning of all
married persons who have to provide for the entire sii]>port of a
family in the State of Wisconsin for sixty days preceding the issu-
ing of such process; and all engines, apparatus and e(iiiipments, in-
cluding hose, hose carts, ladders, belonging in any wise to a city or
EXEMPTION AND LIMITATION LAWS. 69
village, kept for the protection of property from tire, together with
(lie engine liouses, hook and ladder houses, and the lots upon which
tlic same are built.
Limitations. — Actions upon judgments recovered in the courts
(if record of the State, and on sealed instruments, wliere the cause
of action accrues within the State, may he lirought within twenty
?/t!«?%s; actions on foreign judgnu'nts, or on sealetl instruments where
the cause of action accrues without the State, within ten years; ac-
tions on contract, obligation or liability, express or implied, for
trespass on real property, for taking or detaining goods or chattels,
or injury t(j the same, or injury to persons or riglits of others; for
!( lid' on the ground of fraud, within six years; actions for libel,
slander, assault, etc., "within two years; actions against a sheriff for
the escape of a prisoner arrested on civil i>rocess, within one year;
.idvcrse possession by a person claiming title founded upon a tleed
or other written instrument or judgment where the land has been
cither usually cultivated or improved, or where it has been protected
liy a substantial enclosure, or where not inclosed it has been used
lor the supply of fuel or fencing timber, or wlu're a known farm or
hit lias been partly improved, for the period of tioo years; or adverse
|M)sscssion by a ])erson claiming title not untb-rsome written (h'cree,
jiidgmeiit or instrunu'ut, where the land has been protected by a
siilistantial enclosure, the recovery of the real estate thus held, is
liarrcd in tv^eiity years.
Ji iKi.MENTS of the Superior Courts are liens upon all real estate
of the debtor within the county, from the docketing thereof for ten
years; transcripts from the lower courts, and from other counties,
.ire liens from the filing of the certified co])y in the clerk of the Cir-
I'uit Court.
Mortffages may be foreclosed l)}'^ advertisement or by proceed-
iiiiis ill <'ourtof ecpiity; the mortgagor has one year in which he can
ivilrcm. .Justice Courts luxve jurisdiction, where land is not in-
volved, to the extent of .$200 (the rigiit is claimed to try cases
wlicrc the original debt exceeded $200, but the balance clainu'd hav-
ing been reduced to the limit of i?200).
Washington Territory. — Exemptions allowed by law: To
iioiisoholders, a homestead not exceeding $1000; household furui-
fiO READY REFERENCE MANUAL.
tiire of viilue of $150; other property to equal amount; tools of
mechanic and library of professional man of value of $500.
liiMiTATioNs. — An action to recover title or possession to real
estate, must be brought within twenty yeara. Debts on a written
agrceriicnt or contract, within aix yc<irs; other verbal contracts,
agreenu'Mts, running bills of account, three years.
JiiuiMENTS are liens upon all lands of the debtor within the
county where registi-rcd, from the docketing of the same.
West Virginia. — Exemptions are namely: Personal property
of any kind, to the value of $200 — in this sum mechanic's tools may
be included to the value of .$50; this exemption can be claimed by
any person of a family, who can be called the head of the same,
within the common meaning. Any 2)erson may have entered upon
the records, in the clerk's office of the County Court, a declaration
of homestead, claiming real estate to the value of ^1000; but the
person inaking the same must be solvent, as prior debts cannot be
barred thereby.
Limitations. — Actions to ntcover real estate must be brought
within ten years from the date that action accrues. Notes, con-
tracts, whether under seal or not, within ten years; on a store ac-
count, within three years; on all other open accounts and bills,
witliin_/j«e years; upon all indemnifying bonds of a liduciary officer,
within ten years. Persons under age, insane, or otherwise disabled,
are limited in all above actions to twenty years, or until the removal
of such disabilities; all payments, or written uiidertaking.s, act as
revivers of the time from which the statute will tlate.
Judgments are liens upon the real estate of a debtor from the
first day in term after being docketed. Justice Courts have jurisdic-
tion up to $100; all court of record judgments and transcripts from
justice courts, are good for ten years; real estate mortgages are
not recognized by statute, but are valid between the parties.
Trust deeds are used, and by them the property can be sold upon
thirty days' notice, and a deed in fee simple obtained therefor.
DOMINION OP CANADA.
Province of Ontario: — The following are exempt from exe-
cutions: — The beds and bedding in ordinary use by the debtor and
his family. The necessary wearing apparel of the debtor and his
EXEMPTION AND LIMITAJION LAWS. 61
f;iii\ilv; c'tTtaiii houHi'lioId fiirriitiirt', oiio cow, four sliccp, two liogH,
;iihI Coofl tliorofor for thirty ilays. 'I'ools jiikI imj)l('iii('iits of, or
cliallclM in onliriuiy use to tlie value of ^UO.
liiMiiATioNs: — On siinplc contracts for llic payment of money
or ittlicr common ol»Ii,u;ations, within w/.c years. Recovery to pos-
session to lanil, ten years. Ifpoii bonds (ir olili^ations under seal,
within twenty years; no new promise will, except in writinj^, stay
(he itpcration of (he Ktaute; payment on account is at all times a
pr'uiia facia renewal
Ji/DGMENTs are liens upon all real estate within the county;
after lenderinif and being docketed in the sherill'soilice. They can
lie, or any part thereof, kept alive for an indefinite tinu' by the
pluintitf or his attorney, renewing them each year in the sherilFs
oflioe by yuporsoription entry.
MoKTUAUKs upon real estate, uidess reiiorded, are not valid
against subsecjuent cieditors. All mortgages include a power of
sale, according to the period of notice therein sjteclied, and the
same after being advertised according to the said specifications in
the mortgage, and notices served upon the mortgagor and Jiis wife
(if married) can l>e sold to the liighcst bidder, and if sold after 30
(lays is final; the mortgagee can by proceedings in equity foreclose
itisteail of selling by auction, at will; by foreclosure jtrocess it
reipiires at least six mouths.
La.vds sold undeu tax on kxecution sales can be redeemed
within one j'ear, upon payment of ten per cent interest and all costs.
l!ut lands cannot be sold under an execution within a year after
liling, and then upon three months notice by advertisement. Per-
sonal j)roperty can be sold by the sheriff after eight days' notice
after the taking oiit of the execution.
Magistrates Courts ; The magistrates have only jurisdic-
tion (iv(>r common disjtutes between mast<!r and servant for wages
ttc, along with the right of the iVace for ordinary misdeineanors;
tlicy have the right in almost every crime committed to commit the
lUlendant for trial to the High Court of Justice and in some cases
to fix the bail. Police magistrates are appointed for large towns
and cities, and have a greater latitude of power. Every mayor or
reeve of a town or township, is \ Justice of the Peace by virtue
02 UKADY UKFERENCE MANUAL.
of liiw ollicc, wliilf ill otliiU'. The otlicr iii;ij,'isl nitt'S jut ;i|>|n>iiiliil
liy the PioviiKrijil Att<»r?ii'y (It'iicrul, ;iii<l liuM tlii'ir coinmissioiiM
(liiriii<^ projK'r ooiidiicl and property (iu:ilific;itioii HiiHick'nt, which
is fixL'.l at 11,200.
Province of Quebec: — Tlir cxcinittiou.s aUowcd a jud^'mi'iit
tk'l)tor arc as l"ollow.s : — onliiiaiy w'cariiijjf apparel of debtor and
liJH family; outfit of cooking utensils; bed and be(hlin<^ f(»r thi' use
of family; fuel and food for tiiirty (hiys ( not exeeciliiiL!; ^-0 in val-
lU'); one milcli cow, four sheep, two hogs, and fodder for all exi'iiipt
stock for thirty days; tools and implements of use to the value of
^:H) ; fifteen hives of bees ; waives due to the value of necessary
support for thirty ihiys if not on hand ; wages not diu; and c(jn-
sccrated articles of religious purjioses.
Limitations: — For open aiicounts, promissory notes, bills of
exchange on sales, etc.,,/««e years; for <lamages resulting from of-
fences and (piasi-offeiices, wages of workuuMi hired for oni- year or
nujre, sums due schoolmasters and teachers, etc., ^wo ye«r,s' y for
slander or libel, bodily injuries, w.ages of donu'stie servants and
farm lal)orers, clerks, employees hired for a termless than one year,
and for hotel or boarding house cliarges, one year. After ten years
architects and contractors are discharged from their warranty of
the work tliey have done or directed. All other titles, things,
rights and actions, prescril)ed by mortgage deeds or otherwise, thir
ty years ; ten years undisturbed possession under a traiislatory
title, in good fait li, prescribes all such servitures.
JuDii.MKNTs of the courts are good for thirty years ; tliey are a
lien on all real estate within the jurisdiction, from the place ren-
dered. They may be confes.sed by plaintiff in court without
defence, or through an attorney.
An Unpaid Vkndor's Rights are as follows: — (1) Itight to
revindicate ; (2) a right to preference on its price ; (.T) that the
sale w^as for ca.sh ; (4) that the goods are entire in the same condi-
tion ; (5) that they have not passed into the hands of a third i)arty
who has paid for them innocently. Upon making and substantiat-
ing this claim the goods so sold can, at the option of the seller,
be recovered within eight days after the same were sold.
Traditional Laws and Cuhtoms are still largely adhered to
in this province ; many of them of descent from the old French Re-
exf;mf'ti()N am* limitation laws. 68
jiiil>lii', l.irufly <){ a s(tui-rcli<;ioii.H kiml lu-arini; upon tlu' Ihwh of
tii:irii;i!,'f, wills, tiixt's, i'<|iicati()ii, I'tc. Tlii' native iH'opJc ari> jeal-
ous ol' tlii'ir (Mistorns an<l ways, as tliey are of their lanj^uai^e.
New Brunswick.— Exoniptions from exofution me fts fol-
lows : $20 ,a{j;eH ; toolH of Inulo are (!Xoni})l ; Hiuall noeosaurioH in
fill iiituro ; \ wiriii}^ ivj)j)avel ; family heirlooiua ; biblew auil other
religions booK.s, used iu tlio family.
LiMiTATioxH. — Hanio as in Ontario.
Nova Scotia.— Saiuo as New Brunswick.
British Columbia.— Exomptiona : rerHonal property to
the value of ,*§5()0. Homestead to the value of $2,500, if registered
mulfir the "Homestead Act."
LiMrrATioNs. — See Ontario.
Manitoba.— Soo British CohimI)ia.
Northwest Territories.— A farm of IfiO acres not exceed-
ing,' iu value !$2,()(J0. the settler's necessary implements, seed grain,
fodder for work beasts and provisions for his family and wearing
apparel, are exempt from execution or attachment.
Limitations.— Come under the Dominion Land Act as to real
estate and to court and commercial claims, similar to the Province
of Ontario.
PART III— CHAPTER I.
Laws of the diflVrcnt !St;itfs in tin- Uiiid'd Slates and of the Provinces of the
Dominion of (Canada relating to Connn«'r<'ial paiicr.
Alabama. — Bills of exchange, notes payable at a bank or
banking bouse or other certain place, three days grace ; no other
paper has. All acceptances must be in writing, except an uncondi-
tional promise in writing to accei)t (such a letter written to drawer)
a bill before drawn, amounts to actual acceptance at law if the
terms of the letter are complied with. The statute provides five
per cent damages on bills of exchange protested for non-acce])tance
or non payment outside the State when drawn within the State.
Arizona. — See California.
Arkansas. — Upon all sight and time paper, there are three
days grace ; demand paper only, or time paper specified "without
grace," bear none. Demand notes are protestable to hold indors-
ers. When last day of grace falls on Sunday or a legal holiday, the
paper is due and payable the banking day previous. All notes and
bills of exchange drawn or negotiated within this State and payable
after date to order or bearer shall be duly protested for non-ac-
ceptance or non-payment and subject to the following damages
thei-efor : Domestic bills 2 per cent, outside of State but within
United States 4 per cent, to 5 per cent. Foreign paper, 10 per
cent.; damages are upon the face amount of bill. The damagei^ have
in no case ever been enforced, and it has practically become obse-
lete.
California. — The laws allow no grace on any commercial pa-
per made within the State. In order to hold an indorser on demand
note, but not upon checks or sight or demand drafts, suit must be
brought within one year after demand. All paper made and paya-
ble in this State comes under this law. Indorsers are treated as
makers ; paper maturing on Sunday or legal holiday, is payable the
banking day following.
Colorado. — All promissory notes, drafts and checks drawn to
order or bearer are negotiable ; no grace on sight drafts ; checks
COMMEllCIAL I'Al'KH. 65
are payable on i)reKeiitatioii. Paper falling tlue ou Suiulay or legal
holidays is payable ami proteslablo the banking day preceding.
Dakota. — Notes, bills of exchange, checks drawn to order or
bearer are negotiable without defence in the hands of a third party,
wlii) is innocent of the value given for the pa})er. The only defence
in such a case would be that the paper was a forgery. No grace
allowed on sight, demand drafts, or checks. Paper njatwring on
Sunday or a legal holiday is payable ihe day \ rcctdiiig if a bank-
ing day. Indorsers are jointly liable with uiiikers if not indorsed
for accommodation.
Connecticut. — All notes payable to bearer or order are nego-
tiiil)lo ; demand notes must bo protested, to hold indorser, within
four months after demand. Days of grace are not allowed on
orders, drafts drawn on sight, deuumd notes, or demand drafts.
"When jiaper niatures on a Sunday or leg;d holiday, it is payable and
protcstable the day preceding. Drafts drawn and dihlionortd or
not paid and naurned protested, are subject to the following dama-
ges: — OnNow York (!ity, two per cent.; places in Maine, New
Hampshire, Vermoiit, Massachusetts, Khodo Island, and New York
(outside of N. Y. City), New Jersey, Pennsylvania, Delaware, Mary-
land. Virginia, three per cent ; on places in North Carolina, South
Carolina, Ohio, Indiana, Illinois, Michigan, Iventucky and Georgia,
five per cent., on all other states ami territories in the United
States, eight per cent.
Delaware. — The common law is regaided in this State, with-
out any statutory innovations : all paper payal)le to bearer or order
is negotiable; paper maturing on a Sunday or legal .holida}' is due
and payable on the next banking day ; all notes or bills of exchange,
or drafts of time, carry three days grace; sight drafts, demand drafts
and notes, carry no grace. Notes given fur illegal considerations,
puyiueut of them cannot be enfoici d, though held by a third and
innocent party.
District of Columbia. — Same as Delaware (The ('onunon
Law of Merchant.)
Georgia. -There is no grace allowed on sight drafts; notes
or other bills falling due (including last day of grace) upon a Sun
day or legal holiday, are payable the day preceding. Person nego
66 UEADY UEFERENCE MANUAL.
tiating paper after due, assumes the defences (if any) of tbe payer ;
notes or bills of exchange are piotestable that are payable at banks
or brokers' oftices, or when discounted there oi left for collection.
In other cases to hohl indorsers it is not necessary to protest. Ne-
gotiators of paper without such conditions as may appear on its face
or back, are clear of all defences set up by the maker, except for
fraud and gambling.
Illinois. — Promissory notes, bonds, due bills, and other instru-
ments in writing, may be payable in money or personal property,
and are assignable by indorsement. The indorsor is released if the
holder does not proceed against the maker at tlio tirst t(^rm of court
after maturity of the obligation, unless the institution of suit would
have been unavailing, or the maker had absconded or resided with-
out, or had left the State when the instrument became due. Protest
does not fix the liability of the indorser ; it can only be done as be-
fore stated. Instruments payable to bearer are transferable by
delivery, and indoisers of such insiiuments are liable as guarantors,
unless otherwise expressed in the indorsement. Guarantees are
lield liable regardless of the diligence used in prosecuting the
m.aker, it being an independent, or on presentment. Upon bills of
exchange drawn or indorsed within the State, and payable without
the United St ates, duly protested, ten per cent, damages are col
loctable, and upon those payable within the United States, in cases
where suit is brought, five per cent.
Indiana. — Promissory notes payable to order, or bearer, at a
bank in this State, and bills of exchange are governed by the law
Merchant. Promissory notes, not payable at a bank, sul)ject to any
defence or set-ofi' maker may have against payee, or any subsccpient
holder, accruing before notice of assignment. On last named notes
(not payable at a bank) maker must be exhausted before indorser
can be sued. Protest not necessary to hold indorsers of such notes,
but to hold them, maker nuist be sued at first term of court after
maturity, unless he is shown to have been insolvent at the time of
such maturity. Upon all bills drawn within this State and returned
protested for non-acceptance or uon payment, the same is subject to
a charge upon the principal sum of five per cent, damages, and all
places within the United States a like charge ; outside of the U. S.
ten per cent. All paper time and sight carry three days grace ;
COMMERCIAL PAPETt. 67
paper ujaturinj^j on Sunday or a loj^al holiday, is due the day pre-
vious if a bankable day.
Iowa. — All paper, foreign and domestic, is regarded as nego-
tiable tliat is drawn to bearer or order. There is no law inllieting
damages other than protesting ui)on (joiuinercial paper. Grace is
allcnved upon all time paper, and sight drafts. The law of accept-
ance leaves it open to accept payable at a certain ])]ace or generally
iis preferred. Paper maturing on Sunday or legal holiday is payable
the day previous, as in Ijidiana.
Kansas. ^All bonds, 2>i't)missory notes, bills of exchange,
foreign or inland, drawn for any sum or sums of money ceitain, and
made payable to any person or order, or to any jx'rson and bearer,
shall be negotiable by indorsement therein if payable to oj der, and
by delivery if payable to bearer, so as to al)holiit<!ly transfer and
vest the property thereof in each and every indorser or holder suc-
cessively ; but nothing in this shall be construed to make any such
paper drawn to any person alone, and not drawn payable to any
order, bearer or assigns, negotiable. All such paper, except bank
checks and sight drafts, carry three days grace. If such paper
matnres with its last day of grace on a Sunday or holiday, is is due
and protostable the banking dav previous. All acceptances must be
signed by the acceptor.
Kentucky. — Bills of exchange, foreign and inland, drafts and
checks, are negotiable. Promissorx notes, i)ayable to any person
or corporation and payable at a baidv in the State, and indorsed to
iuul discounted at any bank in the State, are negotiable in the same
manner as foreign bills of exchange. Negotiable paper must be
l)rotested for non-acceptance or non-payment, and notice given to
indoi'sers or drawers. Promissory notes not negotiable may be
assigned, but the assignee takes them suV)ject to all defences which
the maker would have against the payee. Th ' assignee cannot
recover from the assigner of notes not discounted, beyond the
iuiionut paid for the assignment, and can only recover this after he
'las prosecuted the maker to u. 'olvency with all due diligence,
wliich has been construed to mean : to bring suit at the first term
of com t after the note falls due, and if this is not done, the maker
is released.
68 KEADY llEFEKENCE MANUAL.
Louisiana. — No bill of exchange, promissory uote, or other
obligation for the payment of money, made within this State, shall
be received as evidence of debt, when the whole sum shall be
expressed in fiynres ; the cents may be in figures. Bills of ex-
change, promissory notes and connnercial paper which are re-
quired to be protested for non-]myment, shall be due and payable
the day follornhiy the third or last day of grace, if such day falls
on Sunday or a legal holiday (or the bankable day next after.)
All notes payable to order or bearer are negotiable. All time and
sight pai)or is protestable on the last day of grace. Notes, bills,
stocks, etc., may be pledged or pawned for money ; such pledge or
pawn is valid as to parties themselves and third persons, without
further formalities.
Maine.— Bills of exchuiige (foreign), drafts, checks and prom-
issory notes payable to bearer, the maker or his order, or the
order of any third party, are negotiable. Three days grace is
allowed in payment. If not so paid, must be protested, and cer-
tificate of protest is evidence of presentation, and non-payment
notice must be immediately given indorssr to charge him. All
acceptance must be in writing to be legal.
Maryland. — See Delaware.
Massachusetts. — All notes, bills, drafts of time and at sight,
and other commercial paper of a like nature, has three days grace,
and when payable to bearer or order, is negotiable. Demand notes
must be protested at the expiration of eixty days if indorsed, to
hold indorsation good at law. When the third day of grace falls
on Sunday or a legal holiday, the pajjer is due and protestable the
banking day preceding.
Michigan. — All paper negotiable by the custom of merchants,
is negotiable in this State. Promissory notes, bills of exchange,
drafts and checks pans by simple indorsement, and in hands of
botuijide holder receiving the paper before due, are not'subject to
equities between previous parties. Holders may sue indorsers and
makers separately or collectively. Notes given for patent rights,
are required h\ law to have these words : — " Given for a i>atent
right '' either written or printed in plain type or letters across its
face. (This latter t'ondition upon a note, given for patent right,
COMMERCIAL TArER. (10
in belt! by the courts of this State to be uucoustitutioual. The
law of commou commorce the world over, is supposed to be
founded upon justice and equity to all engaged in trade or com-
merce. That ft patentee of a useful invention or device should bo
compelled to suffer a cloud upon paper he might receive for the
right to manufacture his invention or operate his device, because
other worthless impositions have been unlawfully passed upon the
public, seems to be too plain to need any answer, beyond a reason-
able thought.)
Minnesota. — The law of this State does not give its defini
tion of negotiable paper. Liability of indorsers is fixed by protest
and notice. Notice of protest must be made in writing, and such
notice may in all cases be given by depositing the same in the post-
offico, postage paid, and directed to the party protested against, at
his reputed place of residence. Indorsers and makers may all be
joined in case of suit at option of plaintiff. To charge an indorser
of a demand note, note must be presented on or before sixty days
from date. On all bills payable at sight, or at a future day certain
within this State, and on all negotiable promissory notes, orders
and drafts payable at a future day certain within this State, in
which there is not an express stipulation to the contrary, grace
shall be allowed in like manner as it is allowed by the custom of
merchants on foreign bills of exchange, payable at the expiiation of
certain period after date, or sight. Grace is not allowed on demand
paper. No acceptance good unless accepted in writing.
Missouri. — No acceptance of a bill of exchange is valid unless
in writing, and if the acceptance is not written on the same jDiqier
with draft it does not bind the acceptor, except in favor of a person
who has seen such acceptance or taken the bill for value in good
faith thereof. Promissory notes ])ayuble to order or bearer and ex-
pressed so to be "for value received" are negotiable. .iMinwjes
are allowed the holders of bills or negotiable pa[)er ( when not
payee's) upoii protest thereof, as follows: — (1) When same are
made or drawn in this State and protested foi* non-acceptance or non-
payment, 4 per cent of the amount named iu the instrument; (2)
when same are made or drawn out of the United States or Territo-
ries, 10 per cent ; ( 3 ) when same are made or drawn out of the
United States, 20 per cent. These sums are recoverable, but no
70 READY REFERENCE MANUAL.
protest fees are cbargeable ; and, in case of paper made payable iu
Missouri, may bo avoided by payment of the actual protest fees,
the principal and interest within twenty days after such dishonor.
A refusal to redeliver a bill, tenderetl for acceptance or its destruc-
tion, is in law, the acceptance theieof. All bills, drafts, or orders,
drawn upon a resident of thii^ State, and payable on its face " at
sight " or " on demand " have no days of grace. Notice of dishonor
must be proniplly given to iudorsers, otherwise they are discharged.
Protest of inland bills and notes is not necessary, but is customary
and advisable. Notes and bills falling due on Sunday or a legal
holiday are payable and protestable the banking day previous. Con-
ditions embodied in a note destroys its negotiability, such as: •' 5
per cent for attorney fees will be charged for collection."'
Montana. — Same as Maryland, ( The Law of ^Merchant)
Nebraska. — All bonds, promissory notes, bills, or oxchango,
foreign and inland, drawn for any sum or sums of money certain and
made payable to any person or order, or to any person and assigns,
shall be negotiable by indorsement thereon, so as absolutely to
transfer and vest the property thereof in each and every indorsee
successively, but not so if such paper is drawn to any person alone
and not drawn to or payable to order, bearer or assigns ; if such paper
is made payable to bearer it shall be transferable by delivery. In-
dorsee may sue in his own name the maker, drawee or obligar, etc.
All such negotiable paper shall bo entitled to three days grace in the
time of paj'nient; and the demand of payment from the maker, on
the third day of grace, or of accej^tanco, if tho paper be a sight draft
and notice thereof to the indorsor bo made within reasonable time,
shall be adjudged due diligence. If paper is indorsed after due, it
is subject to all defences existing between original parties, and if in-
dorsed before due maker may prove any payments made on showing
indorsee had notice thereof before paper was indorsed to him. Diaw-
er or indorsei' shall be subject to the payment of 12 per cent damages
if protested, when diawn upon persons or person or body corporate,
without the jurisdiction of the United States, and G per cent if drawn
upon any person within tho jurisdiction of the United States, and
without tho jurisdiction of Nebraska.
New Hampshire.— Promissory notes, bills of exchange,
drafts and checks are generally negotiable by indorsement and be-
COMMERCIAL rAPER. 71
fore clue are in the hands of a bona fide holder for value, clear of all
equities or set-oflf between the original parties. Notes payable on
demand are by the statute considered overdue in sixty days from
date. Overdue notes are negotiable, but are subject to existing
ecjuities between original parties at time of transfer. By the decis-
ion of the Supreme Court of New Hampshire all names upon a note,
whether upon the face or on the back, before its negotiation, are
holden as promissor. The maker and indorser of a note are all re-
garded as principals as far as the holder is concernetl, and he may
elect which to sue. He may sue them all, but can have but one sat-
isfaction of the debt. Demand and notice of non payment are nec-
essary to fix liability of an indorser. The bona fide holder of a note
indorsed and transferred before maturity for value, and without
notice of illegality, takes it free from all defences between the oriy-
inal parties. Forged notes, notes signed by an agent without
authority, or by an infant, or an alien enemy in time of war, are ex-
ceptions to the above rule, but a married woman can, like an infant,
only rescind her contracts upon restoring the property received under
them.
New Jersey. — Bills of exchange or promissory notes are
goveinc'd by the Law Merchant, or common law. All drafts, except
those on baidcing institutions, have three days grace. Drafts and
notes due on a legal holiday, are payable on the banking day previ-
ous : notice of non-paj'ment to be given the day after. But if a legal
holiday ( other than Sunday ) should happen on Snndaj' or Monday,
hills are payable on Tuesday, and the notice may be given on
Wednesday. Notices may be given by mail in all cases. All holi-
days falling on Sunday, the day is held to celebrate on IVIonday.
New Mexico. — Makers, indorsers, payees, guarantors of bills
of exchange or promissory notes, have the same rights, and are sub-
ject to the same liabilities, as at connnon law, except no days of grace
ai(! allowed. Paper falling due on Sunday or on a legal holiday,
is payable on the next banking day thereafter. Notes, bonds, due
bills, and all instruments in writing, of which the maker promises to
]'ay to another, or order, or bearer, a sum of money in property or
labor, are assignable by indorsement.
New York. — Bills of exchange (foreign), drafts, checks, and
promissory notes payable to the order of maker or the order of an-
72 READY UEFERENCE MANUAL.
otlior or tliiij part}', are negoLiiihlo by iudorHeiiient. The delivery
of a note payable to bearer is a transfer at law. Three days grace
is allowed on all ])apor of time. Inland sight drafts and demand
notes have no grace. Paper maturing on Sunday or upon a legal
holiday is payabU; the day previous if a banking day. Protest cer-
tificate is lawful evidcjue in any court of non-payment or non ac-
ceptance. Notices must be immediately mailed to all indursers to
bind them with maker.
North Carolina. — Bills, bonds, and promissory notes, &c.,
are transferable by indorsement. Such assignment befoie maturity
passes title free from all equities. But assignment after maturity
is subject to the equities arising between debtor and assignor, be-
fore notice of assignment to debtor. An indorser of a note i«>
deemed a surety ; and no demand on maker is necessary before suit
against surety or indorser. This does not, however, apply to bills
of exchange, inland or foreign. Protest of notes not necessary to
hold maker. Protest is necessary on all bills to hold drawer, and
is necessary on all bills to hold indorser. Unless otherwise ex-
pressed in the body of note, all notes with no rate of interest stipu-
lated, will bear interest at the legal raie, after maturit3% until paid.
Ohio. — Bonds, promissory notes, foreign or domestic bills of
exchange and checks for any sum certain, payable to any person, or
order, or bearer, or assigns, are negotiable. Tliey are entitled to
grace, if payable at day certain after date, or after sight, excepting
checks, bills of exchange or drafts, on their face drawn on any bank,
banker, broker, exchange broker, or banking company ; and such ex-
cepted paper need not be protested for non acceptance, or notice given
of non-acceptance. The indorsement of a stranger to a note before
delivery nuikes him a maker, indorser or guarantor ; unless so in-
tended by the parties, a negotiable instrument given for a pro exist-
ing debt does not pay the debt. Paper falling due, by last day of
grace, on Sunday or a public bank holiday, is due and protestable
tho banking day preceding.
Pennsylvania. — Promissorj' notes, bills of exchange, drafts
and checks, are generally negotiable by indorsement, and if they
contain the words "without defalcation" or "without set-oft"" are,
in tho hands of a bona iide holder for value, clear of all equities or
set -oil' between the original parties. Overdue notes are not uego-
COMMER TAL TAPEB. 78
tiable, but are subject to existii equities. By tbe decision of tbe
Supreme Court of Pennsylvaii ., wbere a note is indorsed by a
third party, before delivery to j. ;yee named in it, such indorser is
not responsible to the payee, uul hs he agreed in writing to guaran-
tee tbe note to payee. He takes the j^osition of second indorser,
and as sucb is responsible only to subsecjuent holders. The Su-
preme Court of the United States, however, has decided that such
indorser may be responsible to the payee, and if the latter be a res-
ident of another state lie could, tuerefore, recover on such a note
ill the United States Courts. Tli<- holder of a promissory note may
bring suit against the maker, or any one of the jirior indorsers, or
he may bring separate actions against all, at his pleasure. He can
have but one satisfaction. Either protest or actual notice of non-
payment is necessary to hold the indorsers responsible, but neither
is necessary to hold the maker. Any promissory note or negotiable
instrument given for a patent right must have the words " Given
for a i)atent right " prominently written or printed over the signa-
ture, and such note in the hands of any purchaser or holder is sub-
ject to the same defences as in the hands of the original holder.
But an innocent holder of a note taken before maturity without
tliose words in it is not aft'ected by such defence. But it is a mis-
demeanor to take, sell or transfer any promissory note or negotiable
instrument, known to have been given for a patent right, without
those words so written or printed over the signature.
Rhode Island. — Promissory notes and bills of exchange ne-
gotiable or iudorsable, according to the custom of merchants
which follows the Law of Merchant ; all time paper and sight drafts
have three days grace. To hold indorsers must be protested ; in-
dorsers, are then held as joint makers.
South Carolina. — Foreign bills of exchange and promissory
notes are negotiable. If amount of bill is more than $100, endorser
is not liable unless protested for non-payment. All bills of ex-
change payable at sight, whether foreign or domestic, are entitled
to three days grace. Interest to run from date of protest for non-
payment or non-acceptance.
Tennessee. — Statute law the same as common law, with few
minor exceptions. The holder can sue maker, drawer, acceptor, or
74 HEADY IlEFERENCE MANUAL.
either imlorscr, without reforence to liability on the note or bill.
IJill of exchange drawn or indorsed in Tennessee, drawii upon a
person or corporation out of the State, and returned unpaid and pro-
tested, payee may recover from dr.awer or indorsers, besides pro-
test fees, princijKil and interest, damages as follows : — three per
cent, if drawn on person or corporation within the U. S. or Terri-
torii'S ; lifteen per went, if drawn upon any person or corpor.ation
in any other part of North America or Islands lying in or border-
ing on the Gulf of Mexico ; twenty per cent., if drawn on jtersons
or corporations in any other part of the world.
Texas. — Assignment fully recognized. Assignee m.ay bring
suit in his own name. If obtained after maturity, all just discounts
against assignor allowed against assignee ; not so if obtained before
maturity for a valuable consideration, and without notice of dis-
count or defence against the note. The liability of the drawer of a
bill of exchange, or indorser, or the indorser of a promissory note,
is secured and fixed, Avithout protest or notice, by suit at first term
of court (See Illinois) after right of action accrues. When amount
is within the jurisdiction of the magistrates' court, the same may be
sued within sixty days tliereafter. Three days of grace allowed on
all negotiable paper, including siglit drafts.
Utah. — Ilegulated by Law ^Merchant.
Vermont. — Promissory notes, bills of exchange, drafts, and
checks, with negotiable words, are negotiable in conformity with
the rules of general Mercantile Law, and in the hands of any bona
fide bolder of value, becoming such before maturity, are clear of
defences, good between original parties, without words to that ef-
fect. An indorsui' who is not a party \^ prima facie joint promissor
— and if there are sureties, co-surety, if he so indorse after deliv-
ery of note, and not in pursuance of any contract made at time of
delivery, upon his showing the fact he will be lield prima facie, as
collateral guarantor, and as such entitled to reasonable notice of de-
fault of principal. If a note so indorsed be negotiated, and the en-
dorsee would hold such guarantor as joint promissor, the burden
of proof is ujjon the former toshowhimself6cwa/«f?e holder of value.
It is the duty under heavy penalty, of vendor of patent right, or right
claimed by him to be such, who takes any promise or obligation in
writing of which the consideration, in whole or part, is such right,
COMMERCIAL PAPEn. 76
to insert in body of sucli instriinK'Ht above signature, in prominent
iuid lc<,'ible writing or print, the words " Given for a patent
right," and such instrument is subject in any hands to all defences
good between original parties ; such instrument is not rendered
void by omission of above required words, but is good in hands of
biyita Jkle holders of value, who takes it before maturity and with-
out notice. When paper falls due on a legal holiday or Sunday, it
is payable and protestable the banking day preceding. Time paper
has three days grace. Sight and demand paper no grace. Paper dis-
counted at a bank or banking house or trust company, and made
payable at a bank or certain place, and if left for collection or dis-
fountcd at such bank or banking Louse or trust company's place,
tlie i)ayor need not l»e notified, but if the paper is made payable
at no certain place and the payee assigns it, the assignee must noti-
fy the payor or any other creditor of the payee could attach by
trustee or execution the same by serving a trustee upon the
payor thereby depriving the assignee of his claim.
Virginia. — The law of Virginia in regard to commercial pa-
per recognizes the negotiability of all foreign bills of exchange,
but provides that only " every promissory note" or check for money
jiayable in this State, at a particular bank, or at a particular office
thereof for discount and deposit, or at a place of business of a sav-
ings institution or at a place of business of a licensed broker, and
every inland bill paj^able in this State shall be deemed negotiable.
Promissory notes not payable as above may be transferred, and if not
jiaid when due may be sued on by the holder, but any oflFset or
matter of defence which the maker would have against the note
may be set up in action ])y such holder though he was an endorsee.
Bills of exchange, both foreign and inland, may be accepted gener-
ally (even though drawn on a particular place, when the bill must
be presented to the acceptor wherever he may be ) or specially pay-
able at some particular place. All time and sight paper payable at
banks, etc,, have three days grace. Notes or bills falling due on
Sundays or legal holidays are payable the banking day preceding.
Wyoming Territory. -Same as Rhode Island, follows the
Law Merchant.
Wisconsin. — All notes in writing made and signed by any
person or corporation, or by an agent having general or special au-
76 READY REFEIIENCE MANUAL.
tlioi'ity, and certificates of deposit issut'i] by iiiiy iktsoii or corjx)-
ration and payalde to order or bearer, arc iiej^otiable as inlaiuJ bills
of exclmuge, upon which throe days grace are allowed, except notes
and drafts payable on demand. Notes given for patent rights
must contain in the body of the note, above the signature, in prom-
inent and legible writing or print, the words " Given for a patent
right." Notice of protest by notary nuist be made and delivered,
l)y mail, to each person entitled to such notice. All paper falling
due on Sunday or a legal holiday is payable and protestable the
day of banking previous.
Washington Territory.— Same as Rhode Island ; the Law
of Merchant.
West Virginia. — " Every promissory note or check for money
payable in this State at a particular bank or at a particular office
thereof for discount or deposit, or at a place of business of a savings
bank or institution, and every inland bill of exchange payable in
this State, shall be deemed negotiable." Bills of exchange, though
payable at a particular place, will be deemed accepted generally,
unless the accej^tance express it is to be payable at some particular
place " only." Promissory notes other than those mentioned may
be transferred and the holder may sue on them, but he takes such
notes subject to such set-offs as the paj'ee may have against the
payment at the time. There is no protest necessary on the latter
class or upon any bills or notes. A written notice, however, is cus-
tomary, but it is for courtesy more than law.
DOMINION OF CANADA.
Province of Ontario. — Three days grace are allowed upon
all bills of exchange, promissory notes, drafts, including sight
drafts ; demand notes and drafts are payable on demand, and if not
so paid are protested. Protest fixes the liability of all indorsers
and the holder if for value before maturity is free from all defences
between the original payee and payor. The only defences that can
be maintained are : notes that are given by a minor, forged, or
given for gambling. The courts in the latter have expressed a doubt,
if the holder had no positive knowledge of it. Paper maturing on
Sunday is due the next day. l*aper maturing on a holiday (except
COMMERCIAL PArEU. 77
Gootl Friday, and ChristinaH) is duo and protestable the same
day if a businesH day ; paper falling duo on Good Friday and Christ-
inaH, is payable the next business day. Upon othcir holidays, the
banks keep the wicket open for payment '* only of bills maturin<{.'*
Notes given for patent rights, must state upon the face, " Given for
patent right." Bills Stami) Act has been abolished.
Province of Quebec. — Bills of exchange and i)ro::iis8ory
notes are, when i)ayable to bearer, negotiable and transferable, the
tirst by indorsement, the latter by delivery. The protest fixes the
liability of every iiidorser as a joint maker, only that if sued and
judgment given, the sheriir may give, at his privity, ineferenco to
the indorsers. Indorsers are relieved if the holder grants extension
for payment by accepting the maker's note, and the protested old
notes as collateral, without notifying the indorsers. Three days
grace are allowed upon all time and sight i)aper. Bills falling due
on Sunday or holidays are payable the next banking day.
Nova Scotia. — Same as Quebec.
New Brunswick.— Three days grace are allowed for the
payment of all sight and time paper. Every kind of commercial
paper must be protested to hold indorsers, unless guarantors who,
in indorsing a note or bill, check or draft, write in their own
hand, above their signature, " I (or we) guarantee the payment
hereof." Protest notice from a notary of the public mailed the same
day to all indorsers, fixes the liability upon them all alike. Paper
falling due on Sunday or legal holiday is payable the day following.
Prince Edward Island.— Same as New Brunswick.
Manitoba. — Same as Ontario. Only no condition restricting
patent right notes.
Northwest Territories.— Same as Ontario. Except no
patent right condition.
British Columbia. — Same as Ontario. Except no patent
right condition.
PART IV— CHAPTER I.
Interest Ijaws of eacli State and Territory of the United States and tli(>
Provinces of Canada.
Alabama. — Eight per cent, per nunum is the legal interest; a
higher rate (except by licensed pawnbrokers) is usurj', and cannot
be collected.
Arizona. — Persons can contract for whatever rate of interest
they see fit. 7 per cent, is the rate allowed by law where no inter-
est is specified.
Arkansas. — Agreements to pay any rate is lawful under 10
per cent., over that rate non-collectable. The legal rate is G i)er
cent, per annum.
California. — See Arizona.
Colorado. — AVhere no interest is agreed upon the rate al-
lowed by law is 10 per cent.
Connecticut. — Six per cent is the legal rate ; more can by
agreement be lawfully collected.
Dakota. — Seven per cent, is the legal rate ; 12 per cent, can
be charged by agreement. Higher rate act as a forfeiture of all
interest.
Delaware. — R'^^ per cent is the legal rate (except to pawn-
brokers). Any chai jaads either by discounts or otherwise that
exceeds this rate, fc.ieits both principal and interest.
District of Columbia. — Ten per cent. ])y ar veement ; 6 per
cent, where no . ate is stipulated. If more than these rates are
charged the penalty imposed is the forfeiture of all interest.
Florida. — Eight per cent, is the rate by law where no rate is
stipulated. Agreements by parties no matter what amouni If
duress cannot be set up, is collectable at law.
Georgia. — Six per cent, allowed by the courts ; 7 per cent,
upon all commercial paper ; 8 per cent, under mortgage or bond
or such like agreements.
INTEREST LAWS. 79
Idaho. — From 10 per cent, per annum upwards to 2 per cent,
per mouth is lawful. Higher rates are illegal and impcses a pen-
alty of treble the amount charged to be deducted from the princi-
pal amount.
Illinois.— See District of Columbia.
Indiana. — Six per cent, is the legal rate. By agreement 8
per cent, can be collected. Excess of these rates, the law provides
that the legal rate alone will be allowed (6 per cent.)
Iowa. — The legal rate is 6 per cent, per annum. In contracts as
high as 10 per cent, can be collected. Store accounts bear 6 percent,
after the last item charged on the bill, if not paid within six months.
If more than 10 per cent, is exacted and not in writing, it subjects
a forfeiture of double the amount received.
Kentucky. — Six per cent, rate allowed by statute. If more
charged it can be recovered back.
Louisiana. — Five per cent, is the legal rate. By agreement
8 per cent- If embodied in principal and discounted under certain
conditions, the courts will admit it; if more than legal limit is
sought to be collected by agreement or otherwise, subjects the
whole interest to be forfeited.
Maine. — See Connecticut.
Maryland.— See Kentucky.
Michigan. — The legal rate is 7 per cent, per annum. Ag^-eed
upon as high as 10 per cent. All charges in excess of these rates
can be recovered back.
Minnesota.— See Michigan.
Missouri. — Same as Iowa, only jx-nalty of forfeiture goes to
the public school fund. If it has been paid, it cannot be recovered
back.
Montana.— See Colorado.
Nebraska. — Same as Michigan, only the penalty for usury is
forfeiture of all interest.
New Hampshire.— Six per cent, is the legal mterest. More
charged in any way is not collectable, and forfeits in addition to the
excess, all interest agreed to be paid.
80 READY REFERENCE MANUAL.
New Jersey. — 3ix per cent, is the lawful interest. In excess
of tbis amount it cannot bo collected, and if collected can be sued
for and recovered back by the party paying the same.
New Mexico. — Where no interest is stipulated, G per cent, is
allowed. Any rate charged by agreement is lawful and collectable.
New York. — Six per cent, is the legal rate of inteiest. For
charging more than this, a penalty of forfeiture of all the principal
and interest is imi)Osed.
North Carolina. — See New Jersey.
Ohio.— Six per cent, is the legal rate of interest. When agreed
upon 8 per cent, can be charged. All charged in excess of these
rates can be recovered back with costs.
Pennsylvania. — Six per cent, is the rate allowed by the Courts
in all cases of Chancery funds or moneys paid into Court, or where
no rate is stipulated, and is left to the Courts to fix. AVhere interest
in excess of this rate has Ijeen jiaid, the party paying the same, if he
institutes proceedings at law against the receiver, within six months,
can recover the same back with costs. Savings banks and build-
ing societies are by special provisions in their charters permitted to
loan at higher rates. The conditions that such charters usually con-
tain, are that they can loan to mechanics and tradesmen near the
value of their homesteads, and spread the repayment of the same
( See Clark's interest tables ) over many years in instalments that
include principal and interest.
Rhode Island.— See Connecticut.
South Carolina. — Seven per cent, is the legal rate. All in-
terest charged in excess of thi;-' rate is recoverable back and it is at
the discretion of the court to impose a penalty of forfeiting all the
interest paid.
Tennessee. — See New York.
Texas. — Eight per cent, is the legal rate. Twelve per cent, per
agreement. A.11 paid in excess subjects the forfeiture " all interest.
Utah. — Ten per cent, is the lawful rate of interest. Agree-
ments in writing for more are Collectable.
Vermont. — Six per cent, is the legal interest. Savings backs
are allowed to collect 6 per cent, semi-annually. Interest can be es-
INTF.nEST LAWS. 81
timated uijon interest, when the same accrues by uon-payment when
clue ; G per cent, discount is legal in banks.
Virginia. — See New Jersey.
Wyoming. — See Texas.
Wisconsin.— See IMichigau.
Washington Territory.— See Utah.
West Virginia. — See Pennsylvania, except that excess can be
recovered at any time within five years.
CANADA.
Province of Ontario. — Interest allowed lit law upon Court
funds { unless a lower rate is stipulated in writing) is G per cent.
Any late can be charged in mortgages, bonds or other agreements
stipulating interest, if the rate is printed or written in plain readable
iiiiinner so that the person or pei'sons agreeing to pay the same is
not in any respect deceived. If otherwise the whole principal and
interest is forfeited. Banks are now limited to 7 per cent., and it is
usury over that amount.
Quebec. — Six per cent, is the legal rate of interest. Agree
ments admit of any rate under the same rules as Ontario.
New Brunswick, — Six per cent, is the lawful rate of interest,
but agreements for more are valid, in conformity of the same rules
as in Ontai'io.
Nova Scotia. — Six per cent, is the legal rate. Seven per cent
under agreement upon real estate security. Ten per cent, on per-
sonal property. The same rules as Ontario as to interest being in-
serted plainly.
British Columbia. — See Ontario. ( E.Kcept banks are not re-
strivted.)
Manitoba and Northwest Territories.— See Ontario.
PART v.— CHAPTER I.
Arrest for civil debts.
Alabama.— There is no imprisoDment for debt.
Arizona. — Same as California.
Arkansas. — The same as California, only that a good and
sufficient bond with two sureties is required from complainant for
security against damages, iu case of wrongful arrest.
California. — Defendant may be arrested in civil actions of
contract arising within the State ; also when embezzlement, fraud,
false pretences in obtaining credit, concealing of property or dis-
posing of the same to prevent his creditors from recovering their
claims ; wrongful conversion of personal property, with a view of
defrauding his creditors.
Colorado. — The same as Alabama.
Connecticut. — The same as in force in California, only a pro-
vision is made under the statute, for an immediate examination
within four days thereafter; also there is a "Poor Debtor's Oath.''
The law exempts any person so arrested to the amount of money or
personal eflfects to the value of $17.
Dakota. — The same as the laws of California, except that all
debts upon which arrest orders can be procured from the courts
must be under contract in writing.
Delaware. — The same as Maryland.
District of Columbia. — No arrest can be made in the Dis
trict of Columbia, except in cases of well grounded evidences of
fraud. Plaintiflf must show that debtor is about to clandestinely
leave the District, by some actual performance on the- part of such
debtor, such as having disposed of his goods in part or whole, or
advertised himself in his conversation to some reliable ijerson. as
intending to remove from the District ; that he has been removing,
shipping, concealing, or otherwise conniving by secret contrivance
to dispose of his visible property and for the express purpose of
evading the just and honest payment of his debts : upon such
ARREST FOR DEBT. 83
evidence being esta' lisbed, the judge of any of the superior courts
may issue or cause to issue warrants of commitment for such debtor;
iu all such arrests, an immediate hearing is stipulated.
Florida, — The same as Alabama.
Georgia. — If a personal demand can be made by the creditor
upon the debtor in presence of credible witnesses, to produce the
property, and the debtor refuses to do so, or give a satisfactory
reason for not doing so ; and that evidence can be shown that he is
about to Hee from the State; in such cases and upon the affidavits of
such creditor and witnesses as aforesaid, the judges of the circuit
court will grant warrants of personal arrest.
Idaho. — Same as in New Mexico.
Indian Territory. — There are no collection laws in this ter-
ritory; the United States Court for Western Arkansas has juris-
diction of the criminal laws.
Indiana. — The same as the District of Columbia, only that
no woman can be arrested for debts ; and the prisoner has the right
to go with the officer to the nearest Justice of the Peace and make
oath that he is not absconding or concealing or disposing of his
property, as alleged ; the making of such affidavit implicates him
tor perjury in the first degree, and in such case he could be brought
back by extradition from any other State, in case that it could after-
wards be substantially proved that he so committed perjury.
Iowa. — Same as Indiana.
Kansas. — Same as Arkansas.
Kentucky. — Where a debt is due, and proof of concealment,
fraudulent disposition, or the removing of the property out of the
State, a warrant of arrest can be issued against the body of the
debtor.
Louisiana. — Any person a resident of the State, absconding
or having left the State and again found within the State, without
leaving sufficient property to satisfy the payment of his debts,
may be arrested and held for examination and vrial for fraud. This
does not however apply to females or residents of other States or
foreigners. They are supposed not to get credit : if they obtain
credit by false pretences, they ai liable for jiunishment under the
penal laws.
84 HEADY REFEUENCE MANUAL.
Maine. — Tbo same as Califoiui.-i, except tbat the debt must
be 810 or over. Debtor bas tbe riybt of cliscbargc by takiug the
poor debtor's oatb. Married womeu cauiiot bo arrested for debt.
Widows and spinsters can be.
Massachusetts. — Absconding from tbe State, wbere a judff-
ment of tbe court amounting to •^2() or over, bas been found, and
tbe debtor is bebeved to be evading by conceabnent or otberwise
tlio satisfaction of tbe same : Warrants of arrest can bo procured,
and tbe debtor arrested and bckl for examination, and if be docs
not satisfactorily clear tbe cbarges alleged in tbe complaint, be
may be kept in custody until be eitber pays tbe debt or proves to
tbe court bis innocence.
Maryland. — Same as District of Columbia.
Michigan. — Persons wbo by tbeir profession, business, em-
ployment, agency or fiduciary position wbereof neglect, miscon-
duct, misapplication or fraud bas deprived or defrauded any person
or 2)ersous in sucb capacity ; all actions of replevin, trover, tres-
pass, arising upon contract; removal of property out of jurisdiction
of tbe court, wbere tbe cause of action is laid ; concealment of prop-
erty ; attempting to or disposing of bis property witb tbe intention
of preventing bis creditors from obtaining tbeir just rigbts ; wbere
credit bas been obtained by fraud, pretence, misrepresentation of
any kind ; wbere by strategy and scbemes bas circumvented tbe
execution of writs of tbe courts for judgments of lawful debts; iu
all tbe foregoing warrants of arrest can be procured. Married wo-
men are exempt from arrest in all civil cases.
Minnesota. — Tbe same as Alabama.
Missouri. — Tbo same as Alabama,
Nebraska.— Tliere is no law tbat empowers arrest for civil
debts. Cases coming under tbe criminal law are punisbable by
penalties of fines and imprisonment.
New Hampshire.— Same as Connecticut, except tbat the
debt is limited to §13.33. No female can be arrested for debt ex-
cept under (iontract. Tbe time is not limited to four days, as in
Connecticut, for trial or examination, but a reasonable time is al-
lowed.
New Jersey. — Same as Micbigan.
ARREST FOR DEBT. 85
New MexicO.^ — Debtor owinpf to any oiio person !^50 or over
and attempting to abscond from the territory ; or has abscondeil
and is at any time found within the territory, temporary, can be ar-
rested upon a warrant sworn out by the person or his authorized
agent or attorney. Plaiutill' must furnish sureties for protection
against wrongful arrest.
New York. — To recover damages, a fine or penalty : injury
to property or person ; breach of promise ; fraud, deceit, wrongful
taking, detention, conversion, concealment, fraudulent disposition,
misapplication, embezzlement, clandestine attempts or removal of
goods, absconding from the State, warrants or writs of arrests can
lie jn'ocured. All persons such as bankers, broker?, attornyes,
agonts, engaged in fiduciary positions, or enq^loyed therein, are
held to be guilty of grand larceny, under a special Code. All per-
sists ill a Re2>res6}itative Cajniclty as heir, legatee, executor, ad
ujinistrator, devisee, next of kin, assignee or trustee, cannot be ar-
rested, but for his own personal acts or when connivance with the
person or persons guilty of the wrong-doing is proved. All inhiors
under 14 years of age are privileged persons in the opinion of the
courts.
North Carolina. — See Illinois.
Ohio. — See Michigan.
Pennsylvania.— Causes for arrest are limited to fraudulent
contracts, either oral or written, in payment of money ; misappro-
priating trust moneys ; concealment with intent to defraud ; actions
for .slander, libel or personal injury. There is no law to deprive
the citizen of his liberty in civil debts otherwise. The followers of
Penn respect that text of the constitution of this great re-
public, viz: — " iVt> state shall make or enfoice any lavi which shall
uliridffc the privileges or immunities of citizeyis of the United
Utiites ,• nor shall any state dejirive any jierson of life, liberty, or
property nHthont due process of law ,' nor deny to any person \fHhin
it>i jurisdiction the equal protection of the laio."
Rhode Island. — In actions of trover, dete?dion, tres})ass,
absconding debtors, fraud, concealment and similar causes, civil
arrest can be resorted to.
Tennessee. — No arrest or imprisonment for civil debts in any
form.
8G READY REFERENCE MANUAL.
Texas. — Same as Tennessee.
Utah Territory. — Same as Dakota.
Virginia. — For absconding debtors onlj'.
West Virginia. — See Nebraska.
Vermont. — Arrest of defendant can be made in all actions in
form ex dilecto (from the crime.) Not subject to arrest in actions
in form ex contracto (out of contract), except upon the affidavit of
the creditor, his agent or attorney, that "he has good reason to be-
lieve, and does believe that the debtor is about to abscond or re-
move from the State, and has money or other property secreted
about his person or elsewhere to an amount exceeding $20 ; " or hus
money in his hands in a fiduciary capacity, and refuses to pay it
over. A person not a citizen of the State or of the United States
may be arrested in any action for debt.
Wyoming Territory. — See Iowa.
Wisconsin.— See Illinois.
Washington Territory. — Same as New Mexico.
DOMINION OF CANADA.
Province of Ontario. — Imprisonment for debt throughout
this Province is of every day occurrence. There is established a
court in each district, which embraces a few townships, or parts
thereof, and towns, called a Division Court ; this court has a clerk
and bailiff appointed by the Provincial Government, and the county
judge (who is appointed by the Dominion Government for life or
good behavior) holds court every month, or quarter, as the business
requires ; this court has jurisdiction over claims not exceeding $200
of contract, and $100 without contract. This court is called the
" Poor Man's Court." Claims where judgments are issued invaria-
bly do not amount to $5 ; the defendant debtor has the right to de-
fend himself in this court without counsel, thereby enjoying the
gracious liberty of his own court, to be snubbed and silenced by
full-blooded luminary of a Judge. The cost of this " Poor
Man's Court " will in 75 per cent, of the cases tried ahd executions
issued amount to a third of the debt, and the remaining 25 per cent.
to as much as the debt. If the bailift' returns " no goods," the victim
ARREST FOR DEBT. 87
is served with a judgmeut summons to appear before the judpfe at
the next court; failing to obey, be will be committed to jail, and by
appearing usually is ordered to pay so much per week, or on neglect
to obey, will be taken to jail. Ca2>ias can be obtained from the
Superior Court judges to arrest any debtor absconding, where the
debt amounts to $100.
Province of Quebec. — The same as in Ontario, only that a
(^iipias can be obtained for ii520 or over. No capais can be procured
for a debt contracted between the parties in another country.
New Brunswick. — Same as Ontario, only amount where a
capias can issue is limited to $20 instead of $100, as the least sum ;
unmarried women can be arrested for debt in Supreme and County
( ourt claims. In Ontario no woman can be arrested for debt.
Nova Scotia. — The same as New Brunswick.
Manitoba. — See Michigan (U. S. A.)
British Columbia.— See Ontario.
Northwest Territories.— See New Mexico (U. S. A.)
Prince Edward.Island.— Same as Quebec.
BANK HOLIDAYS— UNITED STATES.
January^lst. — In Alabama, Arkansas, California, Colorado,
Connecticut, Dakota, Georgia, Idaho, Illinois, Indiana, Iowa, Kan-
sas, Louisiana, Maine, Maryland, Michigan, Missouri, Nevada, New
Jersey, New York, North Carolina, Tennessee, Texas, ITtah, Ver-
mont, West Virginia, Wisconsin and Wyoming.
January 8. — Anniversary of the Battle of New Orleans. — In
Louisiana.
February 14. — Mardi-Gras. — In Louisiana.
Fe' ruary 22.— Washington's Birthday. — In Alabama, Cali-
i'oinia, Colorado, Connecticut, Dakota, Georgia, Idaho, Illiuois,Ken-
tucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Min-
nesota, Missouri, Nevada, New Hampshire, New Jersey, New York,
North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina,
Texas, Utah, Virginia, Wisconsin and Wyoming.
March 2. — Anniversary of Texan Independence. — In Texas.
88 HEADY REFEIlENf'E MANUAL.
March 4. — Fircmeiis' Auuiversaiy. — In New OiloiUiH, Louisi-
ana.
April 21. — AuTiivei'Hary of the Battle of San Jacinto. — In
Texas.
Good Friday. — In LouiHiana, Maryianil and Pennnylvania.
April 26. — Memorial Day. — In Georgia.
May 30. — Decoration Day. — In California. Colorado, Con
nectifut, Dakota, Iowa, Illinois, Kannaa, Kentucky, MassacliusettH,
Michigan, Nevada, Now Hanip.shir(s New Jersey, New York, Ohio,
Oregon, Peiinsylvania, llhodo Island, Vtah, Vermont, Wisconsin and
AVyoming.
June 1. — Labor Day. — In Oregon.
July 4. — Indejiendeuce Day. — In all the States except Ne-
braska.
September 2. — Labor Day. — In Colorado, iMassachnsetts,
New Jersey and Kew York.
November 5. — General Election Day. — In California,Dakota,
Kansas, Maryland, Missouri, New Hampshire, New Jersey, New
York, Ohio, Oregon, South Carolina and Wisconsin.
November 28. — Thanksgiving Day. — In all the States and
Territories (in Nebraska there l)eing no statutory holidays, it is not
a legal lioliday, but is observed).
Christmas. — In all the States and Territories, in a like man-
ner to Thanksgiving Day.
ntate Fast Days. — When appointed by the proclamation of
the governor in each State and Territory.
Arbor Day.— In Idaho and Kansas, the day being set by the
governor ; and also in llhode Island, but it does not affect the p.ay-
ment of notes in II. I.
Saturdays after 12 o'clock.— In New York.
DOMINION OF CANADA.
January 1. — New Year's Day. In all the provinces.
Good Friday.— In all the Provinces.
May 24.— T)ie Queen's Birthday. In all the Provinces.
READY UEFEUF.NCE MANUAL. 8'J
June 24. — St. JoLu'h Dny. Id (Quebec.
July 1. — Doiniiiiou Day. In all the Provii)ces.
Thanksgiving Day.— As appoiutitl by the Governor in each
I'rovince.
Christmas Day.— In all the Provinces.
Notes. — In the Province of Ontario and other provinces it will
bo noticed in the laws of their banking, they keep open on HOiue of
the holidays, for the receiving of payment of bills but transact no
other business. Saturday afternoon in the city of Toronto is ob-
served from about May fust to November first, by nearly all the
wholesale houses, manufacturing establishments, banks, and larger
retail merchants, aa a half holiday. This is not a law, but a business
custom.
The Canadian Banks are all chartered corporations, owned and
operated through officers by stockholders. They require to deposit
a certain amount with the Dominion Treasury in acceptable govern-
ment bonds or other securities approved by the Finance Minister at
Ottawa, whereupon they are authorized to issue their own notes and
receive deposits to a certain proportionate amount under the " Do-
minion Ijauking Act." The Government issue notes that are called
"Legal Tender " and all the specie. All the " one's, two's and four's "
are Government notes ; the rest of the legal tenders are in larger
denominations. Many persons in the United States mistake the
notes of the Dominion Bank for the Dominion of Canada notes.
The former is a chartered corporation the same as the Bank of Mon-
treal. These institutions of Canada are in many respects very well
managed institutions, although not regarded as the best banking
system for a country; such institutions as the Bank of Montreal, Im-
perial Bank, Bank of Commerce, Dominion Bank and MoIsgij's, are
unquestionably as well managed as any corporations of the k nd in
any part of the business world.
CHAPTER II.
PART 1. Coiiiinerriiil Travelers' Licenses ; where reqiiiretl in the United
States ami Provinces of (^anatla. PART II. Thc^ dnties upon all ordi-
nary and staple merchandise aocordinf? to tlie U. S. TarilF or to 1k> col-
liH'ted upon goods comin;? into the country of Foreign nianufiuture or
production, and the same per Canadian Tariff of Customs upon their
enteriiifj; ('anada. PART 111. Fishery Treaties anrl the actions of the
Unitt'd States (lovernment and flreat Britain re>j;ardin>; the same, since
the treaty of Paris, 1775 U) 1889. PART IV. Neutrality I^Jiws of Na-'
tions.
PART I.— CHAPTER II.
Commercial Travelers' Licenses.
Alabama. — There is no State law other than municipal bodies
are empowered to regulate by by-laws of their own ; some towns in
the State charge as high as $100 per annum.
Arizona. — No license required.
Arkansas. — No license required.
Connecticut. — No license required.
Colorado. — No license required.
California. — Cities and towns are empowered by statute to
pass their own by-laws fixing the same, if they choose. San Fran-
cisco taxes as follows : $100 per quarter year, if business aggregates
$90,000 ; $60, if $50,000 and up to $90,000 ; $40, if over $20,000
and up to $50,000 ; all under $20,000, $25.
Dakota. — No license required.
Delaware. — $25 per annum. There is no license issued for a
part of a year.
District of Columbia. — All non residents must pay $200
yearly. Hawkers that sell haberdashery within the District are re-
quired to pay an annual license fee of $100.
Idaho, Illinois, Indiana, Iowa, Kentucky, and Kansas
collect no license fee.
COMMERCIAL TRAVELERS* LICENSES. 91
Louisiana.— Charges a State tax of $25 per month, and the
parishes and cities can at their option collect an additional tax ;
New Orleans collects $50 per annum.
Maine, Maryland, and Massachusetts require no license.
Michigan has a State license of $25 per annum, but it is ob-
solete.
New Jersey, New York, New Hampshire, and Ne-
braska charge no tax of any kind upon salesmen.
North Carolina.— Charges a state tax of $100 per annum
and municipal licenses are left optional.
Ohio, Pennsylvania, and Rhode Island require no license.
South Carolina.— Cities and incorporated towns and villages
can by by-laws enforce a tax. Some towns fix it at $10 per annum.
Tennessee.— A State tax of $10 per week or $25 per month is
collected.
Texas. — Any wholesale firm or person or company paying $200
can have as many travelers as they chooae within the State for the
license year.
Utah, Vermont, Virginia, West Virginia, Wyoming
Territory, Washington Territory, have no license law either
State or otherwise.
DOMINION OF CANADA.
Ontario has no license upon regular commercial men, but the
" Hawkers and Pedlars Act " is in force throughout the Province.
The taxes vary all the way from $5 per annum up to $200.
Quebec.^Three Rivors, St. Johns, Sorel, and Quebec collect
a municipal tax under the Provincial Statute.
Nova Scotia has an optional municipal law like Ontario. The
city of Halifax collects a fee of $50 per annum.
New Brunswick, Prince Edward Island, Manitoba,
British Columbia, and Northwest Territories have local
municipal laws taxing travelers, hawkers, pedlars and circuses, en-
forced as the different cities, towns and townships deem expedient.
PART II.— CHAPTER II.
United States and Canadian Dnties on Importations.
Animals FOR BREEDING ruBPOSEs, U. S. duty, -free.
" " " " Canada duty, - "
Animals for other purposes, U. S. duty, 20 per cent.
" " " " Canada duty, -..20 " "
Ale, porter or heer in bottles, U. S. duty, 35 cents per gal
" " " in bottles, Canada duty .18 "
Ale, porter and beer, (in casks), U. S. duty, 20 cents per gal.
" . " " " (in casks), Canada duty, ---.10 " "
Books and charts, (new), U. S. duty, - - .25 per cent.
" " " " Canada duty, 15 " "
Books, (for colleges, public libraries and scientific instruction and
benevolent purposes U. S. duty, free.
Books, (for colleges, public libraries and scientific instruction and
benevolent purposes), Canada duty, free
Boots and shoes, leather, U. S. duty, 35 per cent.
" " " leather, Canada duty, -25 " "
Brass or bronze, manufactures, U. S. duty, 45 per cent.
" " '• manufactures, Canada duty, -30 " "
Carpets, (hemp or woven), U. S. duty, - - 45 cents per sq. yd.
and 35 per cent, advlm.
" (hemp or woven), Canada duty, - 25 per cent.
Carpets, (tapestry printed), U. S. duty, 30c. per sq. yd. and 30 per
cent, advlm.
Carpets, (tapestry printed), Canada duty, 25 per cent.
Carriages and wagons, U. S. duty, 35 per cent.
" " " (under $100 in value) Canada duty, 20 per cent.
" " " (over $100 in value) Canada duty, 35 per cent.
Chinaware, U. S. duty 65 per cent.
Canada duty, 35 " "
Chinaware, (gilded and decorated), U. S. duty .60 per cent.
" (gilded and decorated), Canada duty, 30 " "
DUTIES ON IMPORTATIONS. 08
China, clay, Canada duty, free,
CifiARS, CUKB00T8 AND 0IGARETT8, U. S. duty, $2.50 per ftt. and 25 per
cent, advlm.
CiiiAKs, CHEROOTS AND ciGABETxa, Cauadu duty, $2.00 per Ih. and 25
per cent, advlm.
Clocks, U. S. duty, 35 per cent.
" Canatfe duty, 35 " u
Clothing, (in part or all wool), U. S. duty, 40c. per ft), and 35 per
cent, advhu.
Clothing, (in pp.rt or all wool), Canada duty, 30 per cent.
Clothing, (linen), U. S. duty, 40 '" "
" (linen), Canada duty, 35 u «
Clothing, (silk or its component), U. S. duty,.. 50 " "
" (silk or its component), Canada duty, 35 " "
Clothing, donations to charitable and benevolent institutions, U. S.
^^"^7' - - free.
Clothing, donations to charitable and benevolent institutions, Can-
at'aduty, free
Coal, coke, (bituminous), U. S. duty, 75c. per ton.
" " Canada duty, 60c. "
Coal, (anthracite), U. S. duty, free.
" " Canada duty, n
Corals, (cut or manufactured), U. S. duty, 75c. per ton.
" " " Canada duty,.. free.
Cutlery, (table, etc.) U. S. duty, 35 per cent.
" " Canada duty, 25 " "
" (plated and costing under $3.50 per dozen is charged in
Canada 50c. per dozen, and 20 per cent, advlm.
Cutlery (pen and jack knives), U. S. duty, 50 per cent.
" " Canada duty, 25 per cent.
Diamonds SET, U. S. duty, ..25 " '•
" " (these are included in jewelry, or precious stones un-
der the Canadian tariff and the duty is, (see jewelry.)
Diamonds, (and precious stones unset), U. S. duty, 10 pfr cent.
Canada duty free.
Efiects, (household furniture used by any person for one year),
U. S. duty, free.
Efiects, (household furniture used by any person for one year),
Canada duty, free.
94 READY REFERENCE MANUAL.
Enoravinos, U. S. duty, 25 per cent.
" Canada duty, 20 " "
Furniture, U. S. duty 35 " "
" (including burial caskets), Canada duty, 35 " "
Furs, (manufactured), U. S. duty, .20 "
" " Canada duty, 25 " "
Gilt AND PLATED WARE, U. S. duty, 35 " •'
Canada duty, .30 "
Glassware, U. S. duty, 45 " "
" Canada duty, -.30 " "
Gloves, (kid), U. S. duty, 50 " "
" Canada duty, 30 " "
Gold and SILVERWARE, U. S. duty, 45 *' "
" Canada duty, .20 " "
Gold BRONZE LEAF, Canada duty, 30 " "
Grain and Provisions and Dairy Products: —
U. S. duty on wheat, 20c. per bushel ; Canada duty, 15c.
U. S. duty on rye, 10c. per bush.; Canada, 10c. per bush.
U. S. duty on barley, 10c. per bush.; Canada, 15c. per bush.
U. S. duty on Indian corn, 10c. per bush.; Canada, 7^c. per b.
U. S. duty on oats, 10c. per bush.; Canada, 10c. per bush.
U. S. duty on rice, 2ic. per &.; Canada Ic. per tb.
U. S. duty on hay, per ton, $2 ; Canada duty, 20 per cent.
U. S duty on butter, 4c. per !b.; Canada, 4c. per ft.
U. S. duty on cheese, 4c. per ft.; Canada, 3c. per ft.
U. S. duty on beef and pork, Ic. per ft.; Canada, (see Animals.)
U. S. duty on lard, 2c. per ft.; Canada, 2c per ft.
U. S. duty on milk, 20c. per gal.; Canada, 30 per c. ad valorem.
U. S duty on hops, 8c. per ft.; Canada, 6c. per ft.
U. S. duty on honey, 20c. per gal.; Canada, 3c. per ft.
U. S. duty on mackerel, Ic. per ft.; Canada, Ic. per ft.
TJ. S. duty on herrings, Ic. per ft.; Canada, 50c. per cwt.
U. S. duty on salmon, Ic. per ft.; Canada, Ic. per ft. '
U. S. duty on fish in oil, 30 p. c; Canada, 30 p. c. ad valorem.
Guns, U. S. duty 25 per cent.
" Canada duty 20 "
Hats, (after various patterns and compositions) U. S.
duty 20 "
DUTIES ON IMPORTATIONS. 96
Hats, (after various patterns and compositions) Canada
duty not defined.
Hats, (trimmed with feathers, silk ribbons, etc.), U. S.
duty 50 per cent.
" (trimmed with feathers, silk ribbons, etc.), Canada
duty 25 "
Iron Pig and Scrap, U. S. duty $6.72 per ton
" «• Canada duty 4.00 "
Iron and Steel Manufactures or Raw, iron or steel blacksmiths'
hammers and sledges, track tools, wedges and crow bars, 2^
cent per ft>. U. S. duty ; Canada duty, 1 cent per lb. and 25 per
cent, ad valorem.
Iron or steel rivets, bolts, with or without threads or nuts, or bolt-
blanks, and finished hinges or liinge-blanks, 2^ cts. per lb.;
Canada duty, 1^ cts. per lb. and 30 per cent, ad valorem.
Iron ou Steel Car Axles, parts thereof, axle-bars, axle-blanks, or
forgings for axles, without reference to the stage of manufac-
ture ; 2j^ cts. per ft. U. S. duty ; Canada $30 per ton and 30
per cent, ad valorem.
Horhe Shoe Nails, galvanized or not, U. S. duty, 4 cts. per ft.;
Canada duty, 1^ cts. per ft. and 30 per cent, ad valorem.
Screws Commonly Called Wood Screws, two inehes or over in
length, (5 cts. per ft.; Canada duty, 6 cts. per ft.; one inch or
over in length but not over two inches, 8 cts. per ft., U. S. duty ;
Canada duty on the same, 8 cts. per ft.; over one-half inch and
not over one inch, 10 cts. per ft., U. S. duty ; Canada duty for
every size under one inch,ll cts. per lb.; less than one-half inch,
U. S. duty, 12 cts. per ft.
Iron or Steel Railway Bars, flat and punched, one cent per ft.
U. S. duty ; Canada duty $6 per ton.
Cut Tacks, brads or sprigs, not exceeding 16 ounces to the 1000,
U. S. duty 2 J cts. per 1000 ; Canada duty, 2 cts. per 1000 ;
exceeding 16 ounces to the 1000, U. S. duty, 3 cts. per ft.;
Canada duty, 2 cts. per ft.
Boiler Tubes, or flues, or stays, of wrought iron or steel 3 cts. per
ft.; Canada duty, 15 per cent, ad valorem. Other lorought iron
tubing, U. S. duty, 2^ cts. per ft.; Canada duty, 15 per cent.
9(5 UEADY ukfei;ence manual.
Iron c)R Steel Kails not weighing over 25 lbs. to the ya' d, U. 8.
duty, uine-teuths of one cent per tl».; Canada duty (sieel only),
free.
Cot Nails and spikes, of iron or steel, one and one quarter cts. per
fl)., U. S. duty ; Canada duty 1 ct. per ft>.
Whoitout Iron or Stkkl Nuts, washers, spikes, etc., 2 cts. per ft>.,
U. S. duty ; Canada duty, 1 ct. per tt>., and 25 per cent, ad
valorem.
LocoMOTivEH, Steam Engines, Mill-Ikons, luill cranks, anvils, wrought
irons for ships, forgings of iron or steel for vessels, or parts
thereof, weighing 'each 25 II is. or more, U. S. <luty 2 cts. per
Vi).; Canada duty on the same, 30 per cent., and in addition on
locomotives and the tender weighing 30 tons or over, $2,000.
Steel Isguts, cogged ingots, blooms, and slabs, by whatsoever
process made ; billets and bar bands, tapered and beveled bars;
bands hoops, strips, and sheet of all gauges and widths ; all
of the above not otherwise provided for, valued at 4 cts. per ft),
or less, 45 per cent, ad valorem ; all valued above 4 cts. per \h.
and not over 7 cts. duty 2 cts. per ft).; valued at 7 cts. and not
above 10 cts. per ft)., 2| cts. per ]h. duty ; valued above 10 cts.
per ft)., duty, 3 J cts. per ft).; Canada duty on the articles enu-
merated herein, are as follows : — All of above classes of steel
not elsewhere provided for valued at less than 4 cts. per ft)., ex-
cept ingots, cogged ingots, blooms, and slabs upon which a
duty shall be not less than $8 per ton, 30 per cent, and not less
on the whole than $12 per ton.
Malleable Iron Castings, not specially enumerated or provided for
in this act, 2c. per ft). U. S. duty ; Canada duty on the same,
.$25 per ton, but not less than 30 per cent, advlm.
Boiler or Plate Ikon, sheared or unsheared skelp-iron, sheared or
rolled in grooves, U. S. duty l;f^c. per ft).; Canada duty on the
same, (or sheet iron, common or black, not thinner than No. 20
gauge) $13 per ton.
Bridge Iron and Building joists, beams, girders, angles, channels,
T. T. columns and posts, or parts or sections of columns and
posts, deck and bulb beams and building forms, together with all
other structures and shape parts of iron or steel, l;Jc. per ft).,TJ.
DUTIEH ON IMl'OUTATIONS. 97
S. duty ; Cimada duty (not woigbing Icsh tlian 25 I^h. per lineal
yard), 12^ percent.; weighing less than 25 lbs. per lineal yard,
^c. per tt». and 10 i)er cent, advlm.
Files, file blankn, rasps, and iloiits of cuts and kinds, 4 inches in
length and under, 35c. per doz.; over 4 and under i) inches, 75c.
per doz.; 9 inches in length and under 14, $1.50 per doz.; over
14 inches, $2.50. Canada duty on files of every size, 30 per
cent.
Mixed Iron or Steel Manufactures not hereinbefore enumerated, as
a general average, duty is about 45 per cent, advlm., U. S.,
when composed wholly or part of iron, steel, copper, lead, nic-
kel, pewter, tin, zinc, gold, silver, platinum or any other metal.
Canada duty upon the same, 30 per cent, advlm. (It will be
observed that articles made of iron and steel are so numerous
that it is not practical to give them in detail in a work of this
kind; we only endeavor to give a few of the principal classes.)
Jewelry (gold and silver or imitation of), U. S. duty -.25 per cent.
" " " " " "Canada duty.. 20
(jet or imitation) U. S. duty.. 25 "
" " " " Canada duty.. 20
Laces (silks, silk and cotton), U. S. duty .26 "
" " " " Canadaduty .30
" in thread, U. S. duty 35 "
" " Canada duty free.
Leather Manufactures, U. S. duty 35 "
" " (and including Japanned patent boots and
Hhoes, and all other skins tanned in similar kind of manufac-
tures, Canada duty 25 per cent.
Bend, or belting leather, and Spanish or other sole, U. S.
duty, 15 per cent, advlm.; do. Canada duty 20 per cent.
Morocco finish or French calf, U. S. duty 20 "
" " " " " Canada duty 10
Linen (table-cloth and toweling), U. S. duty. .30 "
" " " Canadaduty ..20
Machinery (brass or iron), U. S. duty 45 "
" " " Canadaduty ...30 «'
Musical Instruments, U. S. duty 25 "
" " (when not specially named) Can., 25 "
W READY REFERENCE MANUAL.
Pianos, upright, a Hpecial duty by Canada of |30 each and 20
percent.; square piauoa, 825 each and 20 per cent; on organs
with two Bets of reeds, $10 each and 15 per cent., four sets of
reeds, $15 each and ?5 per cent., six sets of reeds, $20 each
and 15 per cent, all over six seta of reeds, $30 and 15 per cent,
duty.
Oils (animal), IT. S. duty 25 per cent.
" " Canadaduty 20
" Castor, U. S. duty .80 "
"Canadaduty 20 "
" Lubricating, U. S. duty 25 "
" " " Canada duty, 30c. per gal. and 25 per cent. adv.
" Kerosene, (American naphtha and liganiite), U. S. duty, 25
per cent.; do., Canada duty, T^c. per gal. and 10 per cent. advl.
Oi'iuM (all containing 9 per cent, of morphia, the United States duty
is $1.00 per tb. Opium containing less than 9 per cent, is pro-
hibited from entry into the United States. Opium uped and pre-
pared for smoking, and all other preparations of it not specially
enumerated or provided for in the tariff, $10 per fl>. Opium pre-
pared for smoking, and other preparations of it deposited in
bonded warehouses, shall not be removed therefrom for export-
ation without payments of duty, and such duties shall not be re-
funded by the United States.
Canada duty on all opiums used for drugs,. $1.00 per 11).
" " usee' for smoking, 5.00 " "
Paintings, (foreign) U. S. duty 30 per cent
« Canadaduty 20 " "
Works of an American artist while abroad, free.
" " Canadian " " " ..'. "
Picture Frames, U. S. duty 35 per cent.
" " Canadian duty 35 " "
Photograi'hs, U. S. duty .25 " "
" ( finished pictures ), Canada duty 20 " "
Upon all dry plate, " " 15 cts. per It).
" " " " advlm. duty additional 20 per cent.
Prints and Engravings, U. S. duty 25 " "
" " " Canada duty 30 " "
Printing presses, Canada duty 10 " "
l)UnES ON IMPORTATIONS. 99
rriuted music sheets, Caiiadn duty 10 ots. per !b.
Advertised bills, tickets etc., Canada duty 15 " " "
An advlm duty on the latter two, (Canada) of 25 per cent.
Pipes and Cioah Holders, U. S. duty 70 " "
« " " " Cauadaduty 35 " "
TIuhheb, ( in manufactured state ), IT. S. duty 26 *' "
" " " Canada duty 25 " '*
In unmanufactured state, U. S. duty 25 " "
" " " Canada duty free.
Rubber braces, webbing, etc. U. S. duty : . - 35 per cent.
«« " " " Canada duty 25 " "
Rubber worsted, with silk, cotton and manufactured
into goods, U. S. duty 50 " "
.Saddf-es AND Harness, IJ. S. duty 35 " "
" " " Canadftduty -..35 " "
Shawls, ( silk ) U. S. duty - 50 •' "
" Canada duty 30 " "
Camels' hair or wool, U. S. duty 35 cts. per ft).
and advlm. 40 per (lent.
Camels' hair or wool, Canada duty 35
Silk Dress by the Piece, U. S. duty 50
" " " " " Canada duty . 30 " "
Sewing Machines, U. S. duty 45 " "
" " Canada duty $3 each and an advlm of 20 " "
Statuary, (marble manufactures), U. S. duty 50 " "
" Canada duty 35 " "
Marble mantels, etc., Canada duty 15 " "
Marble in blocks sawn on more than one side, Canada
duty 26 per cent.
Marble ordinary from the quarry, Canada 15 " "
Spirits, Brandy, Whiskey, Gin, and Rum, U. S. duty . . $2 per gal.
Brandy, Canada duty 2 " "
Whiskey, Gin, Rum, Canada duty 1.75 " "
Sugar, (all under "No. 13" Dutch Standard x^*^^ ^- per ft).
U. S. duty. All above " 13 " and not over 16, 2.^th c. per ft..
Over 16 and up to 20, Ic. per fl^.
Canada duty, S'ig'ir for r^jfioiaff jiurpoccs,' under "14"lc.
per ft).; when' not for tefiniug purposes, the same grade Ic.
loo UUADY U£FUU£NC£ MANUAL.
per 111. luul 30 per cent, advlm ; all over the Htonilnrd of " 14"
1 J c. per tt». ttiid 36 pr-r vxmi. atlv'Iiii.
Svuup ANi> MoLAMHKH, luuler 50 (lugreoH polariacope luenHuro, V. S.
duty 4<'>. per gal.
Over 5<j degree poluriHcope, U. S. duty 8 " "
Canndiau duty ou Haine 20 per cent.
Salt, put up in piickageH for table use, U. S. duty 12c. per cwt.
Canada duty, put up in barrelH, HackH, or packngcM for ordinary
use, 15c. per cwt.
In Canada the bagH and barreln are subject to duty same aH
eniptieH, viz: — burrelu '20c. each and bagb made ofjjaperor
cotton, 25 per cent.
Salt bycargocH in bulk, Canmla duty 10c. per cwt.
Salt put up in Hnmll packagfH for fine use, 10c. '* "
Uhbuellah, silk. Alpaca U. S. duty 60 per cent.
" Canada duty 30 " "
Parasol components thereof or umbrellas for use of manufac-
turer, Canada duty, 20 i)er cent.
Untanned Skins ob Fuhs, U. S. duty free
" " " " Canada duty "
WiNEB : All wines that do not sparkle U. S, duty 50 per cent.
Champagnes in bottles of one-half pint, $1.75 per gal.
Over one-half pint and up to 1 i)t. in bottles, .. 3.50 '' doz.
All over a pint $2.26 per gal.
Claret or Burgundy in casks, $1.00 per gal. per case.
Canadian duty: Wines of all brands that do not sparkle and
containing letis than 20 per cent, of spirits, in wood or case
glass, not exceeding 12 pints to a gal. 25c. per gal. duty, along
with 30 per cent, advlm ; Champagnes $3 der doz. and 30 per
cent, advlm. when not containing more than a quart ; Wines
sparkling in bottles containing more than a pint, and over
half pint, $150 per doz. and 30 per cent. ; wines put up in
more than a quart bottle shall pay in addition to $3.00 per
doz. at the rate of $1.50 per gal. in excess of the quart measure.
Any liquors imported under the name of wines and exceeding 40
per cent, according to " Sykes Hydrometer'" shall be classed as
spirits, and be chargeable as the -ddiire : viz: — $1.90 per gal.
Wool (merino, Mt*»tizo, Metz or Inetib woolb of fine qualities, and
DUTIES ON IMI'ORTATTONR. 101
when tbo value of the Bamu at laat port of untry, uud where
shippod to United States), duty 10c. per lb., when the price
paid or market price of the Hanioat the port from where Hliippod
did not exceed 30c. per th. Where price exceeds 30c. per tl».,
U. S. duty 12c. per lb.
Canada duty: Unmanufactured hair of the Alpaca goat and
other likcaninialH, along with the LeiceHter, CotHwold, Liucoln-
Bhiru, South Down, known aH lustre wools free.
A duty is charged by the U. S. as follows upon Donskoi Cor-
dova, Valparaiso, when shipped from the lust port to U. S.: the
price does not exceed l'2c. per Ih., 2Jc. per Ih.; when it exceeds
12c. per th , then 5c. per 11 ».
Tii.\, U. S. duty free.
" Canada duty (except when shipped fronj the U. S.) free.
" " " (wh(!n shipped from tlus U. S.) - - 10 per cent.
Patent MEniciNUH : compounds not patented are chargeable for en-
try into C'anada as follows: Lic^uids, 50 per cent.; compounds
in solid or powders, 25 per cent.
AUTICLES FUEE OF DDTV' INTO CANADA NOT IN THE ABOVE.
Aconite, oxalic acid, agaric, alkanet root, aloes, alum, aluminum,
ambergris, ammcmia, anatomical preparations, aniline dyes, aniline
oil, aniline salts, anchors, antimony, arsenic, pot and pearl ashes, ash
soda, asphalum beans, vanilla and uux vomica, berries for dyeing,
blue vitriol, bone dust, boracic, borax, bristles, brimstone, bromine,
broom corn, burrstones. Burgundy pitch, casts and moulds, chalk
and cliif stones, chamomile flowers, chiuchona bark, chen-y heat
welding compound, citrons and rinds of in brine for candying, cot
ton yarns finer than No. 40, copper in sheets, compasses, cream tar-
tar, dragon's blood, fire clay, emery, flint stones, fishing tackle for
the use of fisheries where licensed, fossils, fowl for breeding pur-
poses, foot grease, gentian root, guano, gut and worm gut, bent
show case glass, fancy and flavored grasses, hair, hemp rags, hick-
ory lumber, ice, iodine, iron liquor, jalap, jute buds, indigo paste,
jute yarn, jute unmanufactured, scrap iron, leeches, lemons, litmus.
Hquoricp root, lava, locomotive tires of Bessemer steel in rough, steel
used in manufacture of skates, moss sea-weed and all other vegeta
ble substances used for matress making, munjeet, musk, oil cake.
102 READY REFERENCE MANUAL.
cocoanut, pitch, phosphorus, pipe clay, shellac, rennet, precipitate
of copper, potash German mineral, soda ash, saffron, sulphate of iron,
tin in bars, wire iron of steel or galvanized — 16 gauge or smaller,
woolen rags, zinc, wood.
UNITED STATES REVENUE TAX ON TOBACCO.
On and after May 1st, 1883, dealers in leaf tobacco shall annu-
ally pay $12 ; dealers in manufactured tobacco, $2.40 ; all manufac
turers of tobacco shall pay $6 ; manufacturers of cigars shall pay
$6 ; pedlars or salesmen shall pay $30 ; pedlars of the second
class shall pay $15, of the third class $7.20, of the fourth class
$3.60 ; retail dealers in leaf tobacco shall pay $250 and 30c. for each
dollar on the amount of their monthly sales, in excess of the rates
of $500 per annum. Farmers and producers of tobacco may sell at
the place of production tobacco of their own growth and raising at
retail directly to consumers, to amount of $100 per annum.
PART ni. -CHAPTER II.
Treaties between the United States and the United Kingdom of Great
Britain respecting the Fisheries of Canada.
Before the war of Independence, in 1775, British American
colonistB enjoyed equal privileges in the North American inshore
fisheries ; but, on the conclusion of peace, it became a question how
fttr such privileges should be continued to those who had volun-
tarily severed their connection with the British Crown. The mat-
ter was fully discussed in the negotiations which preceded the
treaty of Paris, and an agreement was arrived at by which United
States citizens were allowed the liberty to fish and to dry and cure
tish on certain defined portions of the coasts of British America.
THE TREATY OF PARIS.
The third article of the treaty of Paris, of 3d September, 1783,
reads as follows : —
" It is agreed that the people of the United States shall con-
tinue to enjoy unmolested the right to take fish of every kind on
the Grand Bank, and all the other banks of Newfoundland, also in
the Gulf of St. Lawrence, and all other places in the sea, where the
inhabitants of both countries used, at any time heretofore, to fish ;
and also that the inhabitants of the United Sta'es shall havo liberty
to take fish of every kind on such part of the coast of Newfound-
land as British fishermen shall use, (but not to dry or cure the
same on the island), and also on the coasts, bays and creeks of all
other of His Britannic Majesty's dominions in America; and that
the American fishermen shall have liberty to dry and cure fish in
any of the unsettled bays, harbors and creeks of Nova Scotia, Mag-
dalen Islands and Labrador, so long as the same shall remain un-
settled ; but so soon as the same, or either of them, shall be settled,
it shall not bo lawful for the said fishermen to dry or cure fish at
such settlement without a previous agreement for that purpose
with the inhabitants, proprietors or possessors of the ground."
The fisheries continued to be regulated by this treaty until the
war of 1812, by which the liberties granted United States citizens
under the above treaty (of 1783) were terminated.
104 READY REFERENCE MANUAL.
TUEATY OF GHENT.
The treaty of Ghent, signed in 1814, contained no reference t(
the fisheries question, although in the negotiations which led up to
that event, the subject was discussed by the plenipotentiaries of
both powers. On the part of the British Government it was stated
" they did not intend to grant to the United States gratuitously the
privileges formerly granted by treaty to them of fishing within the
limits of the British sovereignty, and of using the shores of the
British territories for purposes connected with the British fisher-
ies" while the American plenipotentiaries declai'ed that they were
" not authorized to bring into discussion any of the rights or liber-
ties which the United States have heretofore enjoyed in relation
thereto ; from their nature, and from the peculiar character of the
treaty of 1783, by which they were recognized, no further stipula-
tion has been deemed necessary by the Govei'nment of the United
States to entitle them to the full enjoyment of them all."
Immediately after the rising of this treaty, the British govern-
ment issued to the colonial fisheries the following : —
Instructions from the British Government to the Goi^ernor of
Neinfoundland, relatir^e to the privileges enjoyed by citizens of the
United States to fish within Jiritish jurisdiction :
Downing Street, 17th June, 1815.
Sir : — As the treaty of peace lately concluded with the United
States contains no provisions with respect to the fisheries, which
the subjects of the United States enjoyed under the III Article of
peace of 1783, His Majesty's Government consider it not unneces-
sary that you should be informed as the extent to which those priv-
ileges are affected by the omission of any stipulation in the present
treaty, and of the line of conduct, which it is in consequence advisa-
ble for you to adopt.
You cannot but be aware that the III Article of the treaty of
peace of 1783, contains two distinct stipulations, the one recogniz-
ing the rights which the United States had to take fish upon the
high seas, and the other granting to the United States the privi-
leges of fishing within the British jurisdiction, and of using under
certain conditions the shores and territories of His Majesty's for
purposes connected with the fishery ; of these, the former being
considered permanent, cannot be altered or affected by any change
FTSTIKRTKS TREATIES. lOf)
of the relative situation of the two countries, but the other being a
privilege derived from the treaty of 1783 alone, was, rs to its dura-
tion, neoossarily limited to the duration of the treaty itself. On the
(h'crlanilion of war by the Anioricau government and the conscciueiit
abrogation of the then existing treaties, the ITnited States forfeited
with respect to the fisheries, those privileges which are purely con
v<'ntional, and (as they have not been renewed by stipulation in
the present treaty) the citizens of the United States can have no
jiretonse to any right to fish within the British jurisdiction, or to
iis« tlie J3ritish territoiy for purposes (Hinnected with the fishery.
Such being the view taken of the ijuestion of the fisheries as
far as relates to the United States, I am commanded by His Royal
Highness, the Prince llegeut, to instruct you to abstain most care-
fully from any iuterfereuce with the fisheiy in which the citizens of
the United States may be engaged, either on the Grand Banks of
Newfoundland, in the Gulf of St. Lawrence, or other places in the
sea. At the same time you will prevent them, except under the
circumstances hereiuaft<T mentioned, from using the British terri-
tory for purposes connected with the fishery, and will exclude their
lishing vessels from the bays, harbors, rivers, creeks and inlets of
all His Majesty's possessions. In case, however, .it should have
happened that the fishermen of the United States, through ignorance
of the circumstances which afiect this (juestion, should, previous to
your arrival, have already commenced a fishery similar to that car-
ried on by them previous to the late war, and should have occupied
the British harbors, and formed establishments on the British ter-
ritory, which could not be suddenly abandoned without very con-
siderable loss, His Royal Highness, which is compatible with His
Majesty's rights, has commanded me to instruct you to abstain from
molesting such fishermen, or impeding the progress of their fishing
during the present year, unless they should, by attempts to carry
on a contraband trade, render themselves unworthy of protection or
indulgence ; you will, however, not fail to communicate to them the
tenor of the instruction which you have received, and the view which
His Majesty's Government takes of the fishery question, and you
will above all be careful to explain to them that they are not, in any
future season, to expect a continuance of the same indulgence.
I have, etc.,
Vice-Admiral Sir Ricjiakd G. Keats.
7 Bathurst.
106 READY REFERENCE MANUAL.
The enfoireiuent of these orders led to numerous seizures of
United States fishing vessels found within the limits of the colonial
maritime jurisdiction, either fishing, remaining in harbors with-
out necessity therefor, or using the coasts for purposes connected
with their iisheries.
TliL'sc stritigi'jit measures led to the reopening of negotiations
by the Tresident of the United States, (President Monroe) in 1818,
for tiie purpose of settling in an amicable maimer the disputed
points which had arisen in connection with the fisheries. Commis-
sioners were apjiointed by both parties and the Convention of 1818
was signed at London on the 20tli of October of that year,
THK CONVENTION 01' 1818.
Artict.k T, of this convention reads as follows: —
" Whereas diirereiices have arisen respecting the liberty claimed
by the Tiiited States for the inhabitants thereof to take, dry and
cure Hsh on certain coasts, bays, harbors and creeks of His Britannic
Majesty's dumiiiiows in America, it is agreed between the High
Contracting Parties that the inhabitants of the said United States
shall have, forever, in common with the subjects of His Britannic
Majesty, the liberty to take fish of every kind on that part of the
southern coast of Newfoundland, Cape Hay, to the Rameau Islands,
on the western and northern coasts of Newfoundland from the said
Cape Kay to the Quirpon Islands on the shores of the Magdalen
Islands, and also on the coasts, bays, harbours and creeks from
Mount Joly, on the southern coast of Labrador, to and through the
straits of Belle Isle, and thence northwardly indeiinitely along the
coast, without prejudice, however, to any of the exclusive rights of
the Hudson Bay Company; and that the American fishermen shall
also have liberty, forever, to dry and cure Hsh in any })art of the
unsettleil bays, harbours and creeks of the southern part of the coast
of Newfoundland, hereabove described, and of the coast of Labra-
dor; but so soon as the same or any portion thereof is settled, it
shall not be lawful for the said fishermen to dry or cure fish at such
portions so settled, Avithout previous agreement for such ])urpose
with the inhabitants, i)roprietors or possessors of the ground. And
the United States hereby renounce foiH^ver any liberty heretofore
enjoyed or claimed by the inhabitants thereof, to take, (by or cure
lish on or within three miles (marine) of any coasts, bays, creeks, or
FISHERIES THEATIEH. 107
liaibours of Ilis Dritaiinic Majesty's dominions in America not in-
cliuU'd within tlie above-mentioncfl limits; provided, however, that
the American fishermen shall be permitted to enter such bays or
harbours for the purpose of shelter, and of repairing damages
therein, of purchasing wood, and of obtaining water, and for no
oilier i»urpose whatever. But they shall be under such restrictions
as shall be necessary to prevent their taking, drying or curing fish
therein, or in any other manner whatever abusing the privileges
reserved to them."
By the terms of this Convention, United States fishermen have
secured to them forever the liberty :
1. To take fish on the southern coast of Nev.'foundland from
('ape Ray to the Rameau Islands; On the western and northern
coast of Newfoundland, from Cape Ray to the Quirpon Islands; on
the shores of the Magdalen Islands, and on the southern coast of
Labrador from Mount Joly to and through the straits of Belle Isle,
and thence northwardly indefinitely along the coast.
2. To dry and cure fish in any of the unsettled bays, harbors,
and creeks of the southern coast of Newfoundland and the coast of
Labrador, as described in the treaty.
3. To be admitted to the bays and harbors of His Britannic
-Majesty's dominions in America for purposes of shelter and repair-
ing damages, purchasing wood, obtaining water, and foi no other
]nir]>ose v^hatever.
In 1819 the act (59, Geo. III., Cap. 38,) was passed by the
Engiisli Government for the due execution of the provisions of the
convention. Acts for similar purposes and modelled after the act
of the home government, were passed by the colonial legislature, as
follows :
1836. — An Act relating to the fisheries and for the prevention
of illicit trade in the province of Nova Scotia, and the coasts and
harbors thereof.
[Note. — For the information of the unitiated of Canadian gov-
ernmental history, what are now called the provinces of Nova Scotia,
New Brunswick, Quebec and Ontario were under separate govern-
luent until confederation of the provinces in 1866. Their acts of
I'arliament were the same as the -acts of Parliament^now enacted in
the Dominion Parliament at the present time. Consequently these
acts that I am noticing were the same as federal acts of Parliament,
108 READY REFERENCE MANUAL.
bnoauso the governor-general, the head of the governments, was ap-
pointed by the home government, in a like manner as they appoint
governor-generals for the whole Dominion at the present time.
Therefore, the legislation passed by the provincial legislatures now,
can be vetoed by the Dominion Parliament, being subordinate to it,
while the Dominion is subordinate to the home government. — The
Author.]
1843. — A.n Act relating to the fisheries, and for the jM-evention
of illicit trade in Piino() Edward Island and the coasts and harbors
thereof.
1853. — An Act relating to the coast fisheries, and for the pre-
vention of illicit trade. — New ]ii iinswick 16, Vic, Cliap. 69.
1862. — Of the coast and deep-sea fisheries. — Nova Scotia, 25
Vic, Chap. 94.
1866. — An Act to amend the same, 29 Vic, Chap. 35.
1868. — An Act respecting fishing by foreign vessels, 31 Vic,
Chap. 61.
1870. — An Act to amend the same, 33 Vic, Chap. 15.
1871.— An Act further to amend, 34 Vic, Chap. 23.
1886. — An Act further to amend the same, 49 Vic, Chap. 114.
All of these from 1866 were passed by the Dominion Parliament and
under the whole of these the British and colonial governments en-
forced the treaty of 1818, and iirotected the inshore fisheries of the
British American colonies.
From 1818 to 1851, fifty-one United States fishing vessels
were seized, of which twenty-fire were condemned and twenty-six
released, either by the Admiral commanding or by order of the courts
of Vice-Admiralty.
The offences for which seizures were made and penalties im-
posed during this period were :
1. Fishing within the limits set forth in the convention of 1818.
2. Preparing to fish.
3. Purchasing and bartering bait and supplies.
4. Being in harbors and bays when not necessary for shelter
and rex^airs, or for obtaining wood and water.
The vigorous enforcement of the provisions of the convention,
led to negotiations between the United States and Great Britain,
which ultimately resulted in the Reciprocity Treaty of 5th of June,
1'IHIIEIUE.S TREATIES. lUU
1854. The clauses of this treaty, relating more especially to the
iiuheries, are ub follows :
THE TREATY OF KECIPROCITY.
Article I.
"It is agreeil by the high contracting parties, that in addition
to the liberty secured to the United States tishernien by the above
lueutioued Convention of 20th October, 1818, of taking, curing and
drying fish on certain coasts of the United Kingdom's British North
American possessions therein defined, the inhabitants of the United
States shall have, in common with the subjects of Her Britannic
Majesty, the liberty to take fish of every kind, except shell-fish, on
the sea coasts and shores, and in the bays, harbors and creeks of
Canada, New Brunswick, Nova Scotia, Prince Edward Island, and
of the several islands thereunto adjacent, without being restricted
to any distance from shore, with permission to land upon the coasts
and shores of those colonies and the islands thereof, and also upon
the Magdalen Islands, for the purpose of drying their nets and cur-
ing their fish; provided, that in so doing they do not infftfere with
the rights of private property, or with British fishei lun in the
peaceable use of any part of the said coast in their occupancy for
the same purj^ose.
" It is understood that the above mentioned liberty applies
solely to the sea fishery, and that the salmon and shad fisheries and
all fisheries in rivers and the mouths of rivers, are hereby reserved
exclusively for British fishermen.
'* And it is further agreed that in order to prevent or settle any
disputes as to the places to which the reservation of exclusive right
to British fishermen contained in this article, and that of fishermen
of the United States contained in the next succeeding article, apply,
each of the High Contracting Parties, on the application of either
to the other, shall within six months thereafter, appoint a Couimis
siouer. The said Commissioners, before proceeding to any busi-
ness, shall make and subscribe a solemn declaration that they will
impartially and carefully examine and decide, to the best of their
judgment, and according to justice and equity, without ftar, favor
or affection to their own country, upon all such places as are in-
tended to be reserved and excluded from the common liberty of
110 HEADY nEFEUEN(!E MAND.VL.
fishing uuder Uub nnd tlie next succeeding article ; and such dec-
larations bhall be entered on the record of their proceedings. Tiie
Commissioners nhall name some third person to act as an arbitra-
tor or umpire in any case or cases on which they may themHoIves
differ in opinion.
" If they shoukl not be able to agree upon the name of such
third person, they shall each name a person, and it shall bo deter-
mined by lot which of the two persons so named shall be the arbi-
trator or umpire in cases of dill'erences, o)- diHagreeuiont between
the Commissioners. The person so to bo chosen to be arbitrator
or umpire, shall before proceeding to act as such in any case, nuike
and subscribe a solemn declaration in form similar to that whi(!h
shall already have been made and subscribed by the Commissioners,
which shall bo entered on the record of the proceedings.
"In the event of the death, absouce or incapacity of either
of the Commissioners, or of the arbitrator, or umpire, or of their
omitting, declining or ceasing to act as such Commissioner, or arbi-
trator, or umpire, another and different person shall be appointed,
or named as aforesaid, to act as such Commissiouerj or arbitrator or
umpire, in the place and stead of the person so originally appointed,
or named as aforesaid, and shall make and subscribe such declara-
tions as aforesaid.
" Such Commissioners shall proceed to examine the coasts of
the North American Provinces and of the United States embraced
within the provisions of the first and second articles of this Treaty,
and shall designate the places reserved by the said articles from
the common right of fishing therein.
" The decision of thcs said Commissioners, and of the arbitrator
or umpire shall be given in writing in each case, and shall be signed
by them respectively. The High Contracting Parties hereby sol-
emnly engage to consider the decisions of the Commissioners con-
jointly, or of the arbitrator or umpire, as the case may be, absolute-
ly final and conclusive in each case decided upon by them or him
respectively."
Article II.
" It is agreed by the High Contracting Parties that British
subjects shall have, in common with citizens of the United States,
the liberty to take fish of every kind, except shell-fish, on the eastern
FISHERIES TnEATIEH. Ill
Bea coaHts ttiul hIioioh of tlio Uuiteil Statos,nortli of tliiit.y-Mixtln,;}(tth)
piuiillel of uorth liititude ami on the BhoroB of tlie buvorul islaiulH
thereuuto adjacoiit. ami iji tlie bayH, harbors ami crocks of tho Haiil
Bea coasts and slioros of tlio United Statos, and of the naid islands,
without being rest'icted to any 'iatance from the shore, with per-
miBsioii to land upon the said coasts of the United States, and of
the islauda aforesaid, for the purpose of drying their nets and curing
their fish, provided in bo doing they do not interfer.i vith tl e rights
of private proi)erty, or with the fishermen of the United Statos, in
peaceable use of any part of said coasts iu their occupancy for the
same purpose.
" It is umlerslood that the above mentioned liberty a2)plieB
solely to the sea fishery, and that salmon and shad fisheries, and all
fisheries in rivers and mouths of rivers are hereby reserved ex-
clusively for fishermen of the United States without uiterferonce."'
A Commission, comiiosed of M. H. Perley, Esq., on behalf of
the British Government, and John Hubbard, Esq., on behalf of (he
United States, was engaged from 181)6 till 18(!0 in determining the
places (71 in numb( r) to which the exclusive right of fishing under
the first and second articles of the Treaty above.
The Reciprocity Treaty continued in force from 1854 until
18()G, when it terminated, after twelve months' notice therein pro-
vided had been given by the United States Government.
Efforts were made by Canada and Great Britain for its renew
al, but failed, and as a consecpience of such failure, the American
privileges under it lapsed and the Convention of 1818 the Canadian
government assume revived.
Upon the termination of the Reciprocity Treaty on the 17th
of March 1800, Viscount Monclc, Governor General of Canada
" Province of Canada," issued the following proclamation : —
PROCLAMATION.
Victoria, by the Grace of God, of the United Kingdom of
Great Britain and Ireland, Queen, Defender of the Faith, &c.
To all whom these presents shall come, or whom the same
may concern, Gueeting :
Whereas, a certain Ti'eaty was made between Her Majesty and
the United States of America, on the 5th of June, 1854, providing
for reciprocal trade ; and whereas the United States of America
112 READY REFEHENCE MANUAL.
have, ill ;i<('((i(liiiici' witli tlu' Icrins (tf said 'I'rraty, givoii iiotiff I'ltr
the tcriniiiatioii tluTi'of; and wlnTeaH, in conHcquoiict' of hiicIi nuticc
tilt! Haid Treaty will expire on liie ITtli day of March, IHCO;
And wliereas, under tho said Treaty, many jterHonH, eitizeiiH of
the United States of America, havo invested moneys and fitted out
ships for the purpose of carrying on the (insiiore tra(U') fisiieries
within tlie territory of C'ana<hi under the said Treaty;
And wliereas, they may he unaware that their right to carry on
KUcli inshore lisheries will end on the said 17tli of March;
We, therefoiH', in our great desire to prevent injury or loss to our
loving suhjectts, or to the citizens of a State with which we are
happily in amity, do in this, our Royal Proclamation, caution and
warn all persons not subjects of our realm, that after the said 17tli
(hiy of iNIarch next, no vessels owned and manned in the United
States of Anu'rica can pursue the inshore fisheries without rendering
themselves liable to the confiscation of their vessels, and such other
penalties, pecuniary and personal, as are by law imposed.
(Signed)
MONCK,"
However, this ])r(jclaniation was subsequently modified by the
British Government and fishermen were permitted to carry on their
fishing during the season of 1800; and for four years further by the
Government of (Canada adopting tlie expetlient of granting licenses
to American fishermen; this system proved abortive after the first
and second years by tlie number of licenses falling off from 305 in
1860 to 25 in 1800.
Following this the British Government enforced a rigid ad-
herence to what they assumed their rights; vigorous fieets of ships
of war were dispatched from tlie home government in 1870, and
continued until tlie next year, when negotiations between Great
Britain and the United States resulted in the a])pointmeiit of a
Joint High Commission to whom were referred several matters in
dispute between the two governments, among which was included
the question of the North American fisheries.
The Commission held its first meeting at Washington on the
27th of February, 1871, and wiiat is known as the "Washington
Ti'eaty " was signed on the 8th day of May of the same year.
KISHKlllEH TKEATIES. 113
THE WASIIINOTON TKEATV.
'I'll*' Artioli'H of tliirt Tivaly which rchitc to tli«' HsherifH are an
I'oIIowm; —
Article XVIII.
"It is iii^rt'cd l»y the Ili.Lfh (/Oiitnictiiii^ rurtii-s tliat in ;nl(lilioii
lo thf liluTty sctMircd to tlic irnitcil Stutt's lishciiiu'ii by tiic Coiivcii-
tioii Ix'twcen (Jrniit Britain ami the United States, aigucd at Loutlou
i)n the 20th day of October, 1818, of ^akiu;,', curing and drying tibh
on certain coasts of the British North American colonies therein
(k'tiiicd, the inhabitants of the United States shall have, in common
with the subjects of Hor Britannic INIojcsty, the liberty, for tiie term
of years mentioned in Article XXXIII of this Treaty, to take fish
of every kind, except shell tish, on the sea coasts and shores, and in
the bays, harbors and creeks, of the provinces of (Quebec, Nova
Scotia and Now Brunswick, and the colony of Prince Edward Island,
iiiul of the several islands thereunto adjacent, without being restrict-
ed to any distance from the shore, with permission to land upon the
same coasts and shores and islands, and also upon the Magdalen
Islands, for the purpose of drying their nets and curing their tish ;
provided that, in so doing, they do not interfere with the rights of
private property or with British fishermen, in the peaceable use of
any part of said coasts in their occuj)ancy for the same purpose.
'* It is understood that the above mentioned liberty applies
solely to the sea fishery, and that the salmon and shad fisheries in
rivers and the mouths of rivers are hereby reserved exclusively for
British fishermen.
Article XIX.
" It is agreed by the High Contracting Parties that British
subjects shall have in common with citizens of the United States,
the liberty, for the term of years mentioned in Article XXXIII of
this Treaty, to take fish of every kind, except shell fish, on the
eastern sea coasts and shores of the United States north of the
thirty ninth parallel of north latitude, and on the shores of the
several islands thereunto adjacent, and in the bays, harbors and
creeks of the said sea coasts and shores of the United States and of
the said islands, without being restricted to any distance from the
shore, with permission to land upon the said coasts of the United
114 READY hefeuence manual.
StoteH and of the iHlmulH iiforeHaid for tlie puriiOHe of drying tlioir
iH'tH and curing tlioir fiHh ; provided that, in 8o doing, tlioy do not
interfere with the rights of private property, or witii the liHhernien
of the United StateH, in the peaceiiblo umo of any pari of the Haid
coastH in their occupaiu^y for the same piirpoHe.
" It is understood that the aboTO mentioned hherty applies
solely to the Hea tiHhery, and that Halmon and Hlia*1 tiHlierieg and all
other tiHliorieH in riverw and nioutliH of rivors, are hereby renervtid
excluuively for tisherineu of the United States.
Article XX.
" It is agreed tliiit the places desigiuited by the ConimisHioners
ai)i)()inted under the Ist article of the treaty between (Ireat Britain
and the United States, concluded at Washington on the Hth of Juno
1854, upon the cousts of Iler Britannic Majeuty's Dominions and
the United States, as places reserved from the connnon right of
fishing under that treaty, shall bo regarded as in like manner re-
served from the common right of fishing under the preceding ar-
ticles. In case any (piestion should arise between the governments
of the United States and of llcr Britannic Majesty as to the com-
mon right of fishing places not thus designated as reserved, it is
agreed that a Commission shall bo appointed to designate such
places, and shall be constituted in the same manner, and have the
same powers, dutios and authority as the Commission appointed
under the said Ist article of the treaty of the 5th of June, 1864.
Article XXI.
" It is agreed that, for the term of years mentioned in Article
XXXIII of this treaty, fish oil, and fish of all kinds (except fish of
the inland lakes and of the rivers falling into them, and except fish
preserved in oil), being the produce of the fisheries of the United
States, or of the Dominion of Canada, or of Prince Edward Island,
shall be admitted into each country respectively free of duty.
Article XXII.
"Inasmuch as it is asserted by the government of Her Britanuic
Majesty that the pinvileges accorded to the citizens of the United
States under Article XVIII, of this treaty, are of greater value than
those accorded by Articles XIX and XXI, of this treaty, to the sub-
FIMHFRIFH TKRATIRH. 115
jocIh of Hoc liritaiiiiic Majtmty, ami this aHBortiun \h not udiiiittu*]
by tho fjfoveriiiuvnt of the United States, it Ih further agreeil that
CoiumiHHiuneru Hhiili be appointed to detcnniuo, having regard to
the privileges acconb'd by the Ignited States to the HubjeotH of Her
l(ritanni(! ^^ajeHty, aH stated in Articles XIX and XXI of thin treaty,
the unioiint if any eoinpunsation which, in their opinion, ought to
be paid by the goveriuneHt of the United States to tho government
of Her iiritannic Majesty,* in return for the privileges accorded to
the citizens of tho United States under Article XVIII of this treaty ;
and that any sum of money which tho said CommiHsioncrs may so
award shall be ))aid by the United States Ooveriiment in gross sum,
within twelve months after such award shall have been given.
Article XXIII.
"The Commissioners referred to in the preceding article shall bo
ai)pointed in tho following manner, that is to say : One Conuuib
sioner shall be named by Her Britannic Majesty and the Presi-
dent of the United States, and a third by Her Britannic ^fajesty
and the President of the United States conjointly ; and in case the
third Commissioner shall not have been so named within a period
of three mouths from the date when this article shall take effect,
then tho third Commissioner shall be named by the representative
at London of His Majesty the Emperor of Austria and King of
Hungary. In case of tho death or absence, or incapacity of any
Commissioner, or in the event of any Commissioner omitting or
ceasing to act, the vacancy shall be filled in the manner hereinbe-
fore provided for making the original appointment, the period of
three months in case of such substitution being calculated from the
date of the happening of the vacancy.
"The commissioners so named shall meet in the city of Halifax,
in tho Province of Nova Scotia, at the earliest convenient period
after they have been respectively named, and shall, before proceed-
ing to any business, make and subcribe a solemn declaration that
* This Commission was appointed by the united governments, and met
in Halifax on the Ifitli day of June, 1877, for tlie purpose of (letenniniiiK
(ho amount of compensation to Ir> awarded for the extension of tlie (isliery
jjiiviliges herein meiitioiiod, and after sitting over live months awarded the
sum of S.'),.')()0,000 to Ix; paid to the government of England by that of the
United States.
116 READY REFERENCE MANUAL.
they will impartially and carefully examine and decide the matters
referred to them to the best of their judgment, and according to
justice and equity ; and such declaration shall be entered on the
record of ilioir proceedings.
"Each of the high contracting parties shall also name one person
to attend the Commission as its agent, to rej)resent it generally in
all matters connected with the Commission.
Article XXIV.
"The proceedings shall be conducted in such order as the com-
missioners appointed under Articles XXII and XXXIII of this
treaty shall determine. They shall be bound to receive such oral or
written testimony as either government may present. If either
party shall oiler oral testimony, the other party shall have the right
of cross examination, under such rules as the Commissioners shall
prescribe.
"If in the case submitted to the Commissioners either party
shall have specified or alluded to any report or document in its own
exclusive possession without annexing a cojjy, such party shall be
bound, if the other party thinks proper to apply for it, to furnish
that party Avith a copy thereof; and either party njay call upon the
other, through the Commissioners, to produce the originals or cer-
tified copies as the Commissioners may require.
The case on either side shall be closed within a period of six
months from the date of organization of the commission, and the
commis.sioners shall be retpiested to give their award as soon as
possible thereafter. The aforesaid period of six months may be ex-
tended for three months in case of vacancy occurring among the
commissioners, under the circumstances contemplated in Article
XXIII of this treaty.
Article XXV.
The commissioners shall keep an accurate record and correct
minutes or notes of all their i^roceedings, with the dates thereof, and
may appoint and employ a secretary and any other business officer
or officers to assist them in tbe transaction of the business which
may come before them .
Each of the high contracting parties shall pay its own commis-
sioners and agents or counsel ; all other expenses shall be defrayed
by the two governments in equal moities.
FISHERIES TREATIES. 117
Chapter XXXII.
It is further agreed that the provisions and stipulations of Ar-
ticles XVIII to XXV of this treaty, iiiclnsiTe, shall extond to the
colony of New Fouudland, so far as they are applicable. But if the
Imperial Parliament, the Legislature of New Foundland or the Con-
gress of the United States shall not embrace the colony of New
Foundland in their laws enacted for carrying the foregoing articles
into effect, then this article shall be of no effect ; but the omission
to make provision by law to give effect, by either of the legislative
bodies aforesaid, shall not in any waj' impair any other articles of
this treaty.
Article XXXIII.
The foregoing Articles XVTI to XXV, inclusive, and Article
XXX of this treaty, shall take effect as soon as the laws re([uired to
carry them into operation shall have been passed by the Imperial
Parliament of Great Britain, by the Parliament of Canada, and by
the Legislature of Prince Edwai'd Island, on the one hand ; and by
the Congress of the United States on the other.
Such assent having been given, the said articles shall remain
in force for the period of ten years from the date at which they may
come into Oi)eration ; and, further, until the expiration of two years
after either of the high contracting jiarties shall have given notice
to the other of its wish to terminate the same ; each of the high
contracting parties being at liberty to give such notice to the other
at the end of the said period of ten years, or at any time after-
wards."
The acts of the different Parliaments of Great Britain and the
Congress of the United States, having been passed, a proclamation
tixed the 1st of July, 1873, as t>he date on which they were to come
into operation. New Foundland did not, however, adopt the treaty
until a year later.
The high commissioners appointed, and referred to in explana-
tory note in Article XXII hereinbefore, as to their award, were: Sir
Alexander Thomas Gait, of the city of Toronto in Canada, by Her
iMajesty the Queen of England : Hon. H. Kellogg, by the appoint-
ment of the President of the United States ; and Mr. M. Delfosse,
named by the Emperor of Austria-Hungary.
118 READY REFERENCE MANUAL.
The reciprocal arriingeiiients luade under the treatj' of Wash-
ington remained in force for a period of ten years, when on the 3rd
of March, 1883, the following resolutiou was adopted by the Con-
gress of the United States:
" Resolved by the Senate and House of Representatives of the
United States of America, in Congress assembled : That, in the
judgment of Congress, the provisions of Articles numbered XVIII
to XXV, inclusive, and of Article XXX of the treaty between the
United States and Her Britannic Majesty, for an amicable settlement
of all causes of difterences between the two countries, concluded
at Washington, on the 8th day of May, 1871, ought to be termi-
nated at the earliest possible time, and be no longer in force ; and
to this end the President be, and he hereby is, directed to give no-
tice to the government of Her Britannic IVIajesty that the provisions
of each and every of the articles aforesaid, will terminate and
be of no force on the expiration of two years next after the time of
giving such notice.
" Sec. 2. That the President bo, and he hereby is, directed to
give such notice of such termination on the 1st day of July, 1883,
or as soon thereafter as may be.
" Sec. 3. That on and after the expiration of two years' time
required by said treaty, each and every of said articles shall be
deemed and held expired and be of no use, force and eft'ect, and that
ev(;ry department of the government of the United States shall ex-
ecute the laws of the United States [in the premises] in the same
manner and to the same effect as if said articles had never been in
force ; and the Act of Congress approved 1st March, 1873, entitled
' An Act to carry into effect the provisions of the treaty between the
United States and Great Britain, signed in the city of Washington,
the 8th day of May, 1871, relating to the fisheries,' so far as it re-
lates to the articles of said treaty, so as to be terminated, shall be
and stand repealed and be of no force on and after the time of the
expiration of said two years."
Approved 3rd March, 1883.
On July 'Jd, 1883, the United States Minister at London, ac-
cordingly notiliod Hit Majesty's Government, tliat the Fisliery
Articles of the Treaty of Washington would terminate on the 1st
day of July, 1885.
FISHERIEH TREATIES. 119
A temporary agrocnu'iit, as the result of negotiations, Mas en-
tered into between the United States and Great Britain, thi' purjiort
of wliieh is set forth in the following proclamation issued by the
President of the United States : —
Agueement between the United States and Great Britain re-
specting tlio Fisheries, concluded 22nd of Juno 1885.
NOTICE.
By direction of the President, the undersigned, Secretary of
State, hereby makes known to all whom it may concern, that a tem-
porary diplomatic agreement has been entered into between the
Government of the United States and the Government of Her Maj-
esty in relation to the fishing privileges which were granted by the
lishery clauses of the treaty between the United States and Great
IJritaiii, of 8th of May, 1871, whereby the privilege of fishing,
which would otherwise have terminated with the treaty clauses on
the first of July proximo, may continue to be enjoyed by the citi-
zens and subjects of the two countries engaged in fishing operations
throughout the season of 1885.
This agreement proceeds from mutual good will of the tAVO
governments, and has been re^ached solely to avoid all misunder-
standings and difficulties which might otherwise arise from abrupt
(ci'inination of the fishing of 1885, in the midst of the season.
The immunity which is accorded by this agreement to the
vessels belonging to tlie citizens of the United States engaged in
tishing in the British American waters, will likewise he extended
lo British vessels and subjects engaged in fishing in the waters of
the United States.
'J'he Joint Resolution of Congress, of 3rd March, 1883, pro-
viding: for the termination of the Fishery Articles of the Treaty of
8th March, 1871, having repealed in terms, tbe Act of 1st jMarcli,
1873, lor the execution of the Fishery Articles, and that repeal be-
ing expressed and absolute from tlie date of the termination of said
I'Mshery Articles under due notification given and ])roclainu'd by
the President of the United States, to wit, 1st July, 1885, the pres-
ent temporary agreement in no way afi'ects the question of tho
statutory enactment or exemption from Customs duties, as to which
tile abrogation of the Fishery articles remain complete.
As part of this agreement, the I'resident will bring the whole
120 ' READY REFERENCE MANUAL.
(juostion of the fislicM'ics before Congress at its next session in De-
cember, and recommend the ajipointment of a Joint Commission by
the (4overTiment of the IJnitetl States and (rreat IJritain to eonsi(U'r
tlie matter, in the interest of maintaining good neighborhood and
friendly intercourse between tlie two countries, thus affording a
prospect of negotiation for the development and extension of trade
between the United States and British North America.
Coi>ios of the memoranda and exchanged notes on whicli tliis
temporary agreement rests are ajjjx'iith'd. Reference is also ma<le
to the I'resident's I'roclamation of 'Msi of fTanuary, 1885, terminat-
ing the Fishery Articles of the Treaty of Washington.
liv directioTi of the President,
(Sd.) T. F. IJayaui),
Sec'y of State.
President Cleveland in hi>; Message to Congress in December,
1885, in accordance with the promise in tlie above agreement, did
recommend that Congress provide for the ai)poinment of a Commis-
sion in which the Governments of the United States and Great
Britain should join in a settlement of the question of the res])ective
countries : Congress on a Resolution rejected the same by a vote
of .To to 10. Then it was brought up before Congress in December,
188G, and a Commission was agreed upon ; Commissioners met at
AVashington and agreed upon a joint Treaty that was accepted by
the House of Representatives but rejected by the Senate during the
session of l^^s7. At the present time matters stand in a status (pio,
of the Treaty of 1818.
PART IV— CHAP. II.
NEUTRALITY LAWS OF NATIONS.
Neutrality, in international law, the indifferent and im])artial
posture maintained by one nation with regard to others whicli are at
war. This character is usually iinprossed upon a nation only by a
war between other states, yet what is called a pernianeut neutrality
may also exist, as in the case of Switzerland and Belgitiiu. which
have engaged always to remain neutral when complications arise
between other powers. The jierfect inviolability of its toiritory is the
clearest, if not the chief right of a neutral state. Admission to the neu-
tral domain may be denied to all, but if granted, must be on a com-
mon equality. The entrance of war vessels and their prizes into
neutral ports may be forbidden ; but unless it is expressly prohibit-
ed, the liberty to enter is implied. The U. S. government concedes
this favor to the public ships of hostile powers, without their prizes.
Permission to raise forces within the neutral territory cannot con-
sistently be given to one belligerent to the exclusion of others and
the United States refuse the privileges to all alike upon this princi-
ple. Whether a neutral flag protects the ship and cargo it covers
from the assertion of belligerent rights, has long been a vexed (jues-
tion in international law. The principle that the character of the
vessel should determine that of the cargo was embodied in the trea-
ties of Utrecht in 1713, and has been introduced into frequent con-
ventions based upon these treaties, to which Great Britain has been
a party ; but, except when bound by a special compact, that power
has steadily maintained the rule that an enemy's goods on board of
a neutral ship are good prize of war.
In its general jurisprudence the United States has adopted the
same rule as Great Britain, but in its treaties with other nations has
generally inserted the more liberal principle that free ships make
free goods. In 185G Groat Britain formally assented to the doc-
trine she had so long opposed, by joining in the declaration of Paris,
which contained the provision that a neutral flag should cover an
enemy's goods except contraband goods of war : and this action of
the great powers has probably for all time iixed the maxim in the
civilized countries. The rule that goods of neutral carriage, except
contraband, are not liable to capture, though ladeu in an enemy's
122 READY REFERENCE MANUAL.
ship, was also included in the declaration of Paris, and, although
formally rejected by France, has been generally observed by other
nations. While a neutral may carry on its commerce with the hos-
tile powers under reasonable restrictions, its ships must not carry
contraL'"!ul, or break blockades, or in any way render direct assis-
tance in the war. They must also be provided with proper papers
to prove their nationality, and must submit to a reasonable exercise
of the right of visitation.
Materials fitted by their nature for warlike uses will be deemed
contraband as a matter of course ; but the decision as to articles
which are serviceable in peace as well as in war, will depend upon
the circumstances of the war, and the use to which it seems prob-
able the goods will be put. What constitutes a violation of block-
ade '? There must be ( 1 ) an actual blockade by a force sufficient to
maintain it, ( 2 ) a proper notification of it, and ( [i ) an actual or at-
tempted entrance or departure with a cargo laden after it begins.
As to the assistance which a neutral may render to a belligerent, it
is noteworthy that the British government denied the right of an
American naval officer to seize the confederate ambassadors on the
British steamer Trent in 18G1, and the United States disavowed the
act. In, J^olicies of I}isH7-<inee, the neuir&Miy oi the property in-
sured is sometimes expressly warranted, in which case the warranty
is construed to mean that the ship or cargo is sometimes owned by
a citizen of a country not at war when the risk begins, and that
with the property shall go all these usual documents and precau-
tions which prove the neutrality and protect it from belligerent
risks. The warranty requires such trade, conduct, and course of
action in the transaction as shall be in conformity and adaptation
to it. Thus it is broken if a vessel exhibit only false papers when
she is captured, or resist a search when rightly demanded, or seek
or receive belligerent protection. The warranty of the neutrality
of a ship is broken if a belligerent own any part of it ; but in re-
gard to goods, the warranty of the neutrality of a ship's . goods ex-
tends only to the interest of the insured, and is not broken by the
fact that part of the cargo not insured is not neuti'al. If, however,
neutral interests or property are indistinguishable from belligerent
interests, the whole becomes liable to all consequences of a bellig-
erent character.
CHAPTER III.
MISCELLANEOUS LAWS,
I 'iiit I. — The Natunilizjition Laws of the United States and Dominion of Can-
ada. Part II. — Extracts from the Posttvl Laws of the United States and
Canada, respecting mailable and nnmaihil)lo matter. Part III. — Copy-
ri;4ht Unles and Regulations of the United States and the Dominion of
t 'aiiada. Patent Laws and Ri'f^ulations for applying for a patent in botli
Countries, and the; Laws and Rules hearing uimn Trade Marks. Part
IV. — Co-Partnership Law. Part V. — Landlord and Tenant. Part VL—
Miister and Servant and Apprentice. Part VII. — Extradition Laws be-
tween United States and Canada,
PART I— CHAP. HI.
NATURALIZATION LAAVS OP UNITED STATES.
All aliens entering the United States, excepting Chinamen, who
are prohibited under all circumstances, can become citizens in the
manner following. Naturalization is of three kinds : (1) Voluntary
upon petition. (2) Involuntary, by the act of another. (3) Neither
voluntary nor involuntary, but as the consequence of an action by
tlie person concerned. Voluntary naturalization by petition requires
live years' residence ; the other two naturalizations : (2) of minor
children, (3) the mai'riage of alien women to citizens, may be made
upon the day of arrival. Every person naturalized whether male or
female, infant or aged, is entitled to " second papers.'' " Second
l^apers " may, therefore, be obtained by some aliens one daj' after
lauding, while others must wait five years. But only free white and
I'reo or slave negro women are naturalized by marriage to a citizen.
An Indian woman cannot be naturalized under any circumstances.
The following is the oath of intention to become a citizen : —
Unitku States of America, \
State of Vermont, > ss.
Chittenden County. )
I, John Smith, formerly a resident of Canada and now residing
at Burlington, Vermont, an alien, do declare on oath, that it is bona
fide my intention to become a citizen of the United States, and to
renounce forever all allegiance and fidelity to any foreign Prince,
124 IIRADY RRFERENrE MANUAL.
Potentiito, Statf or Sovereignity, aud particiiliirly to the Qxeeit of
Oreat liritahi. nitd Trdatnl, of which I am at this time n citizen
or subject John Smith.
The foregoing declaration of intention \
made and sworn to bi fore me this >
'2fith day of January A. D., 18H0. )
RoHWKi.L Dartiimocth,
Clerk of the County Court of ('hittcuiden, a Court of TJecord
having common law juriKdiction, a Seal and a ("lerk.
\
State of Vkhmont,
' ss.
Chittenden County.
I, iioswKLL Dautiimouth, Clerk of Chittenden County, State of
Vermont, a Court of Record, having common law jurisdiction and a
Clerk and S(!al, do hereby certify that I have compared the above
with original declaration of intention of John Smith to bo admitted
a citizen of th*^ Iljiited States, filed in my office this daj- and now on
file therein, and tliat the same is a correct transcript thereof, and of
the whole of such original.
^-^>^-^>. III 7\:stimoni/ Whereof I have hereunto set
T e f '".y hand and uHixod the Seal of C'hittendeu County,
r and of said Court at the City of J3inlington, this 2()th
^-^v-^-^-' day of January, Anno Domini, 1889.
RoswELL Dahthmoutii, Clerk.
77/« (iboi'e certificate is evidence in any State in the United
States, that John Smith has declared his intention at the time and
in the place and State, of becoming a citizen of the United States.
It is a comuio)) dehishm in the British^Colonies, that the special
mention of renouncing allegiance to the Queen of Great Britain, is
something extraordinary, and not required of other aliens. This is
a misappiehonsion; eveiy foreigner must swear allegiance in a similar
manner, mentioning the Queen, King, Czar, Prince or Potentate of
the Country of which he is a citizen, subject or adherant.
77/6 applicant must be a resident for five years of the United
States ; and although he may not have declared his intention as
above, until two or three years after becoming a resident, he can
upon taking his final oath, as hereinafter prescribed, and the evi-
dences of such residence by one or more credible witnesses, secure
his certificate of citizenship ; but in no case can he otherwise obtain
NATUItALIZATlON I,A\VS. 125
8iuli ceititicute, without being ii rcsiilt'iit in tho couutry for fioe
I I ears.
Witnenacs . ljfiff<ii'it.
State of Vkumont, 1
V 88.
Cliitteuik'U County. )
We, John Joneh and Wiluam Hands, of the City of Jjuriingtou,
in tho County of Cliittcunlen, iiforeKiiid, and Stiitc of Vermont, ami
being citizens of tho United Stiites of Amoiii-a, of lawful age, depose
and say that we are personally ao(juainted with John Smith, a for
eigner, intending to become naturalized. and know that he has resided
in the United States for tho last live years, and for more than one
year past in Vermont, and that he is a nuiet and peaceable person,
and well disposed to the Constitution of the United States, and to
the order, good government, and happiness of the same.
Dated at Burlington this -tth day of March, A. D., 18D1.
John Jonks.
AVii-LiAM Hands.
/Subscribed ami Stnorn to at Burlington, this -ith day of March,
A. D., 1891. Before me,
RoswELL Daiithmouth,
Clerk of the County Court of Chittenden.
Second Ajfidavit of AllegUince to United /States:
I, the above named John Smith, do hereby declare that I will
support the Constitution of the United States, and that I do abso-
lutely and entirely renounce and abjure all allegiance and fidelity to
(■very foreign Prince, Potentate, or Sovereignty, whatever, and par-
ticularly I do hereby absolutely and entirely renoutice and abjuie
all allegiance and fidelity to the (iuceu of Great Britain and Ireland.
John Smith.
kSiibscribed and ISworn to iu open Court, this 4th day of March,
A. I)., 1801.
RoswELL Daetiimouth, Clerk.
Admitted and sworn, as above, the day and year
last aforesaid.
Certificate of Citizenship issued this 5th day of March, 1891.
RoswELL Dauthmoutu, Clerk.
r2«i
ItKAUy UliFEllENt'E MANUAL.
STATE OF VERMONT.
ClIITTKNDKN Coi'NTY.
(ss.
lie it reiitevibered, that at the session of the County Court bo-
gun and holden at Burlington, within and for said County of Chit-
tenden, on the last Tuesday in February, Anno Domini, 1H91, John
Smith of the City of Burlington, and County of Chittenden, and
State of Vermont, having complied with all the laws of the United
States, relating to the naturalizatioii of foreigners, is this 5th day
of March, A. D., 1891, in open Court, on due proof, and upon his
oath of abjuration, and his oath of allegiance to the United States,
by the judgment and order of said Court, admitted to all the rights
and privileges of naturalized citizens of the United States.
Ill testiviony whereof I have hereunto set
my hand and affixed the seal of said
Court, at Burlington, in said county,
this 5th day of March, A. D., 1891.
RoswELL Daktumouth, Clerk.
NATURALIZATION LAWS OF THE DOMINION OF CANADA.
Every person who is the full age of twenty-one years and who
is not an idiot, lunatic or married woman, can become by the laws
a naturalized subject of Canada, as one of Her Majesty's colonies,
under 44 V. chapter 113. The following are the forms :'
"A."
OATH OF BESIDENCE.
I, William Jones, do solemnly swear (or affirm as the case
may be) that, in the period of five yeais preceding this date I have
NATURALIZATION LAWH. 127
roHided five yrnrs in the Dominion of Canada, witb intent to settle
tli<'r«(in, without havinj,' been, during,' Huch £>») yeoTri, ti htated reni-
dt'ut in any foreign country. So help mo God.
Sworn bcforo lue iit Montreal, this iHt day) xxr t
, , . ., t T 1 1UUI1 r William Jones.
of Junuary ui the year of our Lord, 1HH[). )
WlLDlTIl WiNO,
C. C. Court.
Note. — The person usually authorized to take this oath is the
clerk of the County Coiirt. The act however provides that the
Governor in C!ouiicil may, from time to time, a]>point commission-
ers to administer oaths under the act. This certificate of residence
is filed when taken in the different provinces as follows : Ontario,
with the clerk of the peace in the county whore applicant resides ;
(Quebec, with ttie clerk of the Circuit C^ourt of the circuit within
which the appellant resides ; Nova Scotia, with the prothonotary
of the Supreme Court; New Brunswick, with the clerk of the Su-
preme Court; British Columbia, with the clerk of the Su})reme
Court for the province ; Prince Edward Island, with the clerk of
the Supreme ('ourt of Judicature ; Manitoba, with the clerk of the
Court of (Queen's Bench ; North West Territories, with the person
prescribed by the Governor in council.
CIVIL SERVICE EMPLOYEk's O.VTH.
/, William Ilojykiiis, do swear (or aflirm) that, in the period
of three years preceding this date, I have been in the service of the
Government of Canada, (or of the Government of the Province * *
whatever province he was employed by), for the term of three years
and I intend, when naturalized, to reside in Canada (or to serve
under the Government of * * * as the case may be).
Sworn before me at Montreal, this) „, ,_
Ist day of January, A. D., 1889. / William Hopkins.
Wilbur AVino,
c. c. c.
Upon the filing of certificates in the form above with the
otiicials prescribed in the different Provinces, the proclamatory
order is read at the next session of the regular Court of Oyer and
Termine, or County Court, and if no objection is made the oath of
allegence in the following form is duly administered :
1'2H nEAUY IIKIKIIENCE MANUAL.
OATH of AM.EUIANCE.
I, Wti.i.iAM JoNCri, do Hoh-iiiiily pruiiiiHi! uiid Hwvar (or aftirni)
timt I will be fuithful iiiul bciir tnio allo^MiiD<-() to Her MiijeHty
(jtiocii Victoi'iu (or tho rci^iiin^ Hovoreigu for tho tiiuo buitig) aH
lawful Sijvert'i^fn of tli« United Kiiif^'dom «)f Great Britain and
Irelund,fan<l of tlio Dominion of Ciinuda, dopendiiiit on, and Ix-long
iii|r to the Haid lun^^'doni, and that I will defend Her to the iitmuut
of my |»ower ajjfainHt all traitorouH couHitiracieu or attetuptH whatHO-
evor whieh Hhall be made u^'ainst Her I'erHon, Crown and Dignity,
and that I will do my utiuoHt endeavor to diHcloHe and make known
to Her Majesty, Her Heirs or SueeeHMorH, all treauons or traitorouH
couHjiirHeies and attemptH whieh I sliall know to be againHt Hor
or any of them: and all thiu I do Hwear (or atVirmi without any
e(piivoeation, mental evasion or Heeret rcHorvatiun. Ho help me God.
Sworn before me at Montreal,
this iHt
t^fore me at Montreal, ) -.xr t
, A I k t\ 1UU11 r AViI.l.IAM JONEH.
of AuguHt, A. J). 188 >. )
WlI.UUU WiNO,
c. c. c.
THE NATURALIZATION OEKTIFICATE.
I, Wilbur Wing, Clerk of the Cireuit Court in and for the City
of .^^ontreal, do certify that William JoneH, an alien, on the Ist day
of January. 18H9, Hubscribed and took before nie the oath of rewi-
dence. and upon the Ist day of August, 188'.), the oath of allegiance,
authorized by the eighth Heetiou of " Tho Naturalization Act," and
therein swore (oi- atHrmcd) to residence in Canada for five years ;
that I have reason to believe, and do believe, that the said William
Jones, within the period of five years preceding the said day, has
been a resident within ('anada for five years, that the said William
Jones is a person of good character, and that there exists, to my
knowledge, no reason why the said Williani Jones should not be
granted all the rights and capacities of a natural born British
subject.
Dated at Montreal, the 5th day of August, A. D. 1889.
Wilbur Wino, C. C. C.
Note. — In the government employee's case the certificate is
simply changed from live years to three years, and substituted that
he was in the civil service for that period.
NATl'UAI.I/ATION LANVM. Vl'J
"0."
riNAL OEUTU'ICATK Ol' TUK CUUUT.
Dominion or Canada,)
I'roviiu'c of (jiittbec. )
III the ('ircuit Court, in iiud for tin- (!omity of Hoolu'lof^'a :
Wlierc'iiH, Wii.i.iAM JoNKH, foniicily of tlio Cit} of Now York, in
tlio Uuitcd Stiili'S of Aiiiericii, iiiid ii citi/cii tliuicot', Iiuh compliial
with t\w nevoral n^iuirciiu'iitrt of the " Nuliuiih/ution Act," iiiul hiiB
(hiiy reuided iu ('iiiiiidu for thu puriod of five ycarH. And whorfun
the certitit'iite ^'runted to tiie Hiiid Williiiin JoneH, under iLe tenth
Hection of said Act (the nuturuU/ution certificate), und hiiH been duly
read in open court uiid thereupon, by order of Hitid court, huH Iteen
lih'd of record in the huiiic, purHuiint to the siiid Act. This is, there
fore, to certify to all whom it luiiy concern, tluit under mid by virtue
of the Huid Act, Wii.mam Jonks huu become naturaU/ed hb a liritiuh
subject, and iH, within Canada, entitled to all political and other
ri{,'htH, powers and privilejjcH, and is Hubject to all obligatiouH to
which a natural-born IJritish subject in entitled or subject within
Canada, with this (|ualitication, that he shall not, when within the
limits of tiie foreij,'n State of whicth he was a citizen, previnns to the
date hereof, be deemed to be a British subject, unless hv has ceaued
to bo a citi/en of that State, in pursuance of the lawH thereof or iu
pursuance of a treaty or convention to that efTect.
Given under the seal of the said court, this 5th day of August,
A. D. 1885).
E. F.,
Judge of the Court, presiding.
PART II— CHAP. III.
EXTRACTS FKOM THE POSTAL LAWS AND REGULATIONS OF THE UNITED
STATES AND CANADA.
Blackmail Postal Cards.— The letter following, from Post
master-Geueral Dickson, sets forth the regulations of the Postoffice
Department of the United States regarding the mailing of the same :
J'ostoffice J)epartrnent, )
Office of the Postmaster General, >•
Washington, D. C, June 18, 1888. )
The President has this day approved the act which, among other
things, provides as follows:
" And all matter otherwise mailable by law, upon the envelope
or outside- cover or wrapper of which, or postal card, upon which
indecent, lewd, lascivious, obscene, libelous, scurrilous, or threaten-
ing delineations, epithets, terms or language, or reflecting injuri
ously upon the character or conduct of another, may be written or
printed, are hereby declared unmailable matter, and shall not be
conveyed in the mails, nor delivered from any postoffice nor by any
letter-carrier ; and any person who shall knowingly deposit, or cause
to be deposited for mailing or delivery, anything declared by this
section to be unmailable matter, and any jierson who shall knowing-
ly take the same or cause the same to be taken from the mails, for
the purpose of circulation or disposition of, or of aiding in the cir-
culation or disposition of the same, — shall be deemed guilty of a
misdemeanor, and shall, for each ofTense, be fined not less than $100
nor more than $5000, or imprisoned at hard labor not less than one
year nor more than ten years, or both, at the discretion of the
court."
l*ost7aasters are iwtijied that under this act such matter will
be treated precisely as obscene matter is treated under the provis-
ions of Section 380, J'ostal Lavs and Jtegalations.
Any postal card, or any other matter upon the envelope or out-
side cover of which appears anything which reflects injuriously upon
POSTAL LA.\VS AND REGULATIONS. 131
the person addressed, or any one else, or upon his character or con-
duct, or is plainly calculated and intended to injure his feelings or
reputation, or bring him discredit, or which threatens him — will be
excluded. Anything in the nature of an offensive or threatening
dun, apparent upon an envelope, outside cover or postal card, or
conveying the suggestion that such dun is inclosed, will be excluded
iis non-mailable under this act. The attention of postmasters is
called, in this connection, to Sections IJSl and 527 of the Postal
Laws and Regulations, as applicable. As to the mailabiiity, the
postmaster, if he deems any case doubtful, will submit it to the De-
partment for decision. (Signed)
Don M. Dickson,
Postmaster- General.
DOMESTIC RATES OF POSTAGE IN THE UNITED STATES.
All miiilable matter for trausmisHion by the United States mails
within the United States, is divided \i\io four classes, under the fol-
lowing regulations :
First Class Matter. — This class includes letters, postal
(;ards, and anything sealed or otherwise closed against inspection,
or anything containing writing not allowed as an accompaniment to
printed matter under class throe. Kates of postage to any part of
the United States, t^co cents per ounce or fraction thereof; rates on
local drop letters at free delivery offices, tico cents per ounce or frac
tion thereof; at offices where there is no free delivery by carriers,
one cent per ounce or fraction thereof; rates on postal cards, one
cent. Nothing must be added or attached to a postal card, exce2it
that a printed address slip may be pasted on the address side. The
addition of anything else subjects the card to letter postage. Noth-
ing but the address, and as hereinbefore, must be upon the face, or
stamped side.
Rates on specially delivered letters, ten cents on each letter in
addition to rcyular postage; this entitles the letter to immediate de-
livery by special messenger. Special delivery stamps are sold at
postottices, and must be affixed to each letter. An ordinary ten-cent
postage stamp affixed to a letter will not entitle it to special de-
livery.
Prepayment by stamps invariably required. Postage on all
182 READY UEPEllENCE MANUAL.
letters bhould be fully prepaid, but if prepaid one full rate and no
more, they will be forwarded, and the amount of deficient postage
collectod on delivery ; if wholly unpaid, or prepaid with less than
one full rate and deposited at a postoffice, the addressee will be no-
tified to remit postage, and if he fails to do so they will be sent to
the Dead Letter Office ; but they will be returned to the sender if
he is located at the place of mailing, and if his address be printed
or written upon them.
Letter rates are charged on all productions by the typewriter
or manifold process. Letters (but no other class of mail matter)
will be returned to the sender free, if a request to that eft'ect is
printed or written on the envelope. There is no limit of weight
of first class matter.
Prepaid letters will be forwarded from one postoflice to another
upon the written request of the person addressed, without addi-
tional charge for postage. The direction on forwarded letters may
bo changed as many times as may be necessary to reach the person
addressed.
Second Class Matter. — This class includes all newspapers,
periodicals, or matter exclusively in print and regularly issued at
st''.ced intervals as frequently as four times a year, from a known
office of publication or news agency, to actual subscribers or news
agents, and transient newsjjapers and publications of this character
mailed by persons other than publishers.
Hates of Postage to Publisheks. — One cent a 2>ound or frac-
tion thereof, prepaid by special stamp. Publications designed pri-
marily for advertising or free circulation, or not having a legitimate
list of subscribers, are excluded from the pound rate, and pay third
class rates.
Publications sent to actual subscribers in the country where
published free, unless mailed for local delivery at a letter carrier
office. Hates of postage on transient newspapers, magazines, or
periodicals, one cent /or each four ounces or fraction thereof. These
rates do not apply for transient publications mailed for local deliv-
ery by carriers at a free delivery office.
Third Class Matter. — Mail matter of the third class in-
cludes printed books, pamphlets, engravings, circulars (in print or
by the hectograph, electric pen, or similar process), and other mat-
rosTAIi LAWS ANT) P.EaULATIONS. 138
tei' wholly iu print, proof sheets, corrected proof sheets, and ninmi-
scripts, copies or copy accompanying the same. The rate on matter
of this class is (me cent for each two ounces or fraction thereof.
Manuscrij^t, unaccompanied by proof sheets, must pay letter rates.
Third class matter must admit of easy inspection, otherwise it will
1)6 charged letter rates on delivery. It must be fully prepaid, or it
will not be forwarded. Its wrapper must bear no writing or print-
ing except the name and address of the sender and a retui'u re-
quest.
The limit of weight is four pounds, except single books in sep-
arate packages, on which the weight is not limited. The name and
address of the sender, preceded by the word " from," may be writ-
ten upon the package, and a simple manuscript dedication may
appear in a book or upon the article enclosed, as : " Presented to —
by — , etc.," or "A birthday gift from — , etc."
Fourth Class Matter.— Fourth class matter is all mailable
matter not included in the three preceding classes, which is so pre-
pared for mailing as to be easily withdrawn from the wrapper and
examined. It embraces merchandise and samples of every kind
and description, and coin and specie. Hates of postage, o7ie cent
for each ounce or fraction thereof^ (except seed, roots, bulbs, cut-
tings, coins and plants, the rate of which is one cent for eac/i two
ounces or fraction thereof) ; this matter must be fully prepaid, or it
will not be forwarded.
Articles of this class that are liable to injure or deface the mails
— such as glass, sugar, needles, nails, pens, etc., — must be first
wrapped in a bag, box, or open envelope, and then secured in an-
other outside tube or box made of metal or hardwood,without sharp
corners or edges, and having a sliding clasp or screw lid, thus secur-
ing the articles in a double package. Such articles as poisons, ex-
plosives, or inflammable articles, live animals, insects, or substances
exhaling a bad odor, will not be forwarded in any case. The regu-
lations respecting the mailing of li(^uids are as follows : Liquids not
ardent, vinous, spiritous or malt, and not liable to explosion, spon-
taneous combustion, or ignition by shock or jar, and not inflamma-
ble (such as kerosene, naphtha or turpentine), may be admitted to
the mails for transportation within the United States. When con-
tained in glass bottles or vials, such bottles or vials must be strong
134 READY REFERENCE MANUAL.
enough to stand the shock of handling in the mails, and must be en-
closed in a wooden or papier mache block or tube, not less than
three-sixteenths of an inch thick in the thinnest part,strong enough
to support the weight of mails piled in bags, and resist rough hand-
ling ; and there must be some other absorbent sufficient to protect
the glass from shock in handling ; the block or tube should be a
tightly-fitted screw-lid of wood or metal, with a rubber or other pad
so adjusted as to make the block or tube water-tight and prevent
the leakage of the contents in case of breaking of the glass. The
limit of admissible liquids and oils is not to exceed four ounces,
liquid measure. Limit of weight (excepting liquids) four pounds.
The ordinary return directions are admitted to be written or printed
thereupon.
Registration. — All kinds of postal matter, except second class
matter, can be registered at the rate of ten cents for each package
in addition to the regular rates of postage, to be fully prepaid by
stamps. Each package must bear the name and address of the send-
er, and a receipt will be returned from the person to whom ad-
dressed. The Postoffice Department or its revenue is not liable for
loss of any registered mail matter.
MoNEi Okders Payable at Domestic Offices, the rates are as
follows : — For sums not exceeding $5, five cents ; for $5 and up to
$10, eight cents ; for $10 to $15, ten cents ; for $15 to $30, fifteen
cents ; for $30 to $40, twenty cents ; for $40 to $50, twenty-five
cents ; for $50 to $60, thirty cents ; for $G0 to $70, thirty-five cents;
for $70 to $80, forty cents ; for $80 to $100 forty-five cents.
Postal Notes ai issued for sums less than $5, for a fee of
three cents, and are payable to any person presenting them, either
at the office designated on the note or at the office of issue within
three months of date of issue. They are not issued withoiit the
United States, or payable.
Free Delivery is required by law, in every town or city of
50,000 population, and may be established in places containing not
less than 10,000.
Franking Privileges were abolished in July, 1873, excepting
public documents printed by order of Congress ; letters or other
matter relating exclusively to the United States Government, or appli-
POSTAL LAWS AND REGULATIONS. 135
cations for copyrights, etc., under the regulations as set forth in
the Copyright Regulations in this Chapter, Part IIL
Postage to Canada : — Letters per ounce (prepayment compul-
sory) two cents ; postal cards, one cent ; newspapers, per four oun-
ces, one cent ; samples of merchandise, not exceeding 8 ounces, ten
cents ; registration fee, ten cents. Correspondence Exchangeable
comprises letters (ordinary and registered), postal cards, news-
papers, pamphlets, magazines, books, maps, plans, engravings
drawings, photographs, lithographs, sheets of music, etc., and
patterns and samples of merchandise including grains and seeds.
Any article of correspondence may be registered. Patterns and
samples are construed to be bona fide specimens of goods on hand
and for sale, having no intrinsic value apart from their use as
patterns or samples. They are subject to the regulations of either
country to prevent violations of the revenue laws, must be left easy
of inspection, if inspection is required.
Countries of the Universal Postal Union include nearly all
the civilized countries of the world, except the provinces of Austra-
lia and others hereinafter mentioned. The Postage to all the coun-
tries under this union, is as follows : — Letters, per half ounce,
prepayment optional, five cents; Post cards, two cents; New.spapers
and other printed matter, per 2 ounces, one cent; Commercial papers
in packets not exceeding 10 ounces, five cents ; exceeding 10 ounces,
for each 2 ounces, 07ie cent; Samples of merchandise, not exceed-
ing 4 ounces, for each 2 ounces, one cent; Registration fee on all
articles or letters named, ten cents additional.
Countries or Colonies of Great Britain not m the Postal
Union : — Australia, except New South Wales, Queensland and
Victoria; Cape Colony, China, Natal, Morocco, New Zealand,
Transval, Madagascar, and St. Helena. J^ostage to all the Australian
Colonies and New Zealand : — 12 cents per half ounce prepaid ; Cape
Colony and St. Helena, 15 cents per half ounce ; Australia that is
not out of the Postal Union and letters addressed via. San Francisco,
five cents per half ounce ; Newspapers to Australia, two cents jier
2 ounces.
EXTRACTS postal LAWS OP CANADA,
Section 103, 46 Vic. — Provides that every one who posts for
transmission or delivery, by or through the post, any obscene or
130 READY REFERENCE MANUAL.
immoral book, pamphlet, picture, print, engraving, lithograph, pho-
tograph, or other publication, matter or thing of an indecent, im-
moral, seditious, disloyal, scurrilous, or libelous character ; or any
letter upon the outside or envelope of which, or any post card or
post band or wrapper upon which, there are words, devices, matters
or things of the character aforesaid, or any lottery circular, or con-
cerning an illegal gift concert or other similar enterprise, offering
prizes ; or concerning schemes devised and intended to deceive and
defraud the public, for the purpose of obtaining money under false
pretences, — is guilty of a misdemeanor.
Section 92, 38 Vic. — Provides against inclosing explosive sub-
stances in matter posted in the mails, as follows : Every one who
incloses in or with any letter, packet or other mailable matter, sent
by post, or puts into any postoffice, any explosive, dangerous or de-
structive substance or liquid, or any matter or thing likely to injure
any letter or other mailable matter or the person of any officer or
servant of the postoffice, — is guilty of a misdemeanor, unless such
offence is, by the criminal statutes, punishable in a greater magni-
tude.
Section 45, Chap. 35. — Any letter or other article of mail mat-
ter suspected to contain any contraband goods, wares or merchan-
dise, or any goods, wares or merchandise on the importation list,
on which coming into Canada any duty or customs are by law pay-
able, and suspected to have been inclosed therein and sent by post
to evade payment of the customs, who in the presence of the person
to whom the same is addressed, or in his absence the collector at the
nearest port, may open and examine the same. If dutiable goods
are found therein, the collector may detain the letter or article of
mail matter and its contents for the purpose of prosecution ; or by
notice to the party addressed, inform the person that a letter or
parcel is laying in the customs for him, if he supposes it is a case
of no evasion of the law.
Section 93, 35-49, Vic, provides a penalty of $10 and up to $40,
for inclosing in a parcel or newspaper, letter, post card, or other
mail matter.
Postage Rates Within Canada or to the United States. — On
all first-class matter, three cents per ^ oz.; post cards, one cent;
registration, two cents extra.
POSTAL LAWS AND REOULATIONS. 137
Postage to Foreion Countriks, Exokpt thk U. S. — /''ice cotts
per half ounce to Austria, Belginiu, Cuba, Egypt, France, Germany,
Gibraltar, Holland, Italy, Japan (viaU. S.), Madeira, Mexico, Portu-
•^a\, Iluseia, Sandwich Islands, St. Pierre et Miquelon, Spain, Sweden,
Switzerland, Bermuda, Newfoundland; ten cents per half ounce to
Africa, Brazil, Buenos Ayres, Ceylon, China, Maiirifiiis, Monte Vi-
deo and Sierra Leone ; fifteen, cents per half ou7ice to the following
places: Australia S. & W., Cape of Good Hope, New South "Wales,
New Zealand, Tasmania and Victoria ; serpen cents to Fiji Islands
and to South and "West Australia, not by Brisbane.
Newspapers. — Where live cents postage per half ounce is
charged on letters, one cent per two ounces is charged on newspap-
ers ; where 10 cents letter postage, two cents per two ounces; wliere
15 cents per half ounce on letters, four cents per two ounces on
papers ; where 7 cents, three cents per two ounces.
Same Regulations as in U. S. is adopted, unless as follows :
There is no special delivery ; there is no postal notes issued ; frnnk-
iiig is admitted on all correspondence with the governinent or all
its departments and employees at the head departments; with all
membors of the Senate and House of GoinmoiiR,during he session of
Parliament; upon all matters appertaining to the copyiight or pat-
ent and trade mark departments. Canada has a " Book Post " of
one cent per four ounces; to the United Kingdom, one cent per two
ounces; they have a parcel post in which they charge six cents p'^r
four ounces, and five cents for registering ; five cents is charged i^r
registration on all places outside of Canada.
TART III.— CHAP. III.
D1UF.CTION8 KOH HEOCItlNO OOPVUiaHTS IN TUB UNITED STATES UNDER
THE I,ATKHT ItEVlSKD AOTH OF C0N0UES8.
1. — A priiiled copy of the title (boHides the Iwo copies to be
(lepoHited after publication) of the book, map, chart, dramatic or
musical composition, engiaviiif,', cut, print, or photograph, or u
description of the painting, drawing, chromo, statue, statuary, or
model or design for a work of the fine arts, for which copyright is
desired, must be sent by mail or otherwise, prepaid, addressed :
" LlliRAKIAN or CONORESS,
Washington, D. C."
Tbis must bo done before jMiblication of the book or other article.
The printed title rccjuired may be a copy of the title pag'3. In
other cases, the title must be ])rintod expressly for copyright entry,
with name of claimant of copyright. The style of type is immaterial,
and the print of a type-writer will be accepted. But a separate
title is rcrpiircd for each entry, and each title must be printed on
paper as large as commercial note. The title of a periodical must
include the date and number.
2. — The legal fee for recording each copyright claim is 50 cents,
and for a copy of this record (or certificate of copyright) an addi-
tional fee of 50 cents is required, making $1, in case certificate is
wanted, which will be sent by early mail. Certificates covering
more than one entry are not issued.
3. — Within ten days after publication of each book or other
article, two complete copies of the best edition issued must be sent,
to perfect the copyright (as set forth in clause one above), with the
address :
" Librarian of CoxaREss,
Washington, D. C."
The postage must bo prepaid, or else the publication inclosed
in parcels coveied by printed Penalty Labels, furnished by the
Librarian, in which case they will come free by mail, without limit
DIRECTIONS FOR SFX'URINO COPYRIGHTS. 139
of weight, accorJiiig to rulings of the Postofficc Departmeut.
Witliout tlio depoHit of copies above required the copyright is void,
Hud a penalty of $26 is incurred. No copy is required to be de-
posited elsewhere.
4. — No copyright is valid unless notice is given by inserting in
every copy published, on the title page or the page following, if it
be a book ; or, if a map, chart, musical composition, print, cut, en-
graving, photograph, painting, drawing, chromo, statue, statuary,
or model or design intended to be perfected as a work of the fine
arts, by inscribing upon some portion thereof, or on the substance
on which the same is mounted, the following words, viz : " Entered
according to Act of Congress, in the year , by ,
in the office of the Librarian of Congress at Washington,^'' or, at
the option of the person entering the copyright, the words: " Copy-
right, 18—, by ."
The law imposes a penalty of $100 upon any person who has
not obtained copyright who shall insert the notice " Entered accord-
ing to Act of Congress,'' or " Copyright,''^ etc., or words to the
same import, in or upon any book or other article.
5. — Any author may reserve the right to translate or dramatize
his own work. In this case, notice should be given by printing the
words, " Might of translation reserved,'" or, " All rights reserved,^'
below the notice of copyright entry, and notifying the Librarian of
Congress of such reservation, to be entered upon record. Since
the phi'aso " A II rights reserved " refers exclusively to the author's
right to dramatize or to translate, it has no bearing upon any publi-
cations except original works, and will not be entered upon the
record in other cases.
6. — The original term of copyright runs for twenty-eight years.
Within six months before the end of that time, the author or
designer, or his widow or children, may secure a renewal for the
further term of fourteen years, making forty -two years in all.
Application for renewal must be accompanied by explicit statement
of ownership, in case of the author, or of relationship, in the case of
his heirs, and must state definitely the date and place of entry of
the original copyright. Advertisement of renewal is to be made
within two months of date of renewal certificate, in some news-
paper, for four weeks.
140 READY REFERENCE MANUAL.
7. — Tho time wiihiu which any work euleiTd for copyright may
ho iHHued from tho preHH in not Hinited hy any law or ifgulatiou,
hut depends upon the discretion of the proprietor. A copyright
may bo Hocured for a i)rojected work as well as for a completed one.
Jiut the law provides for no caveat, or notice of interference — only
for actual entry of title.
8. — A copyright is assignable in law by any instrument of
writing, but such assignment must be recorded in the oflice of the
Librarian of Congress within sixty days from its date. The fee for
this record and certificate is one dollar, and for a certified copy of
any record of assignment one dollar.
9. — A copy of tho record (for duplicate certificate) of any copy-
right entry will bo furnished, under seal, at the rate of fifty cents
each.
10. — In case of books published in more than one volume, or
of periodicals published in numbers, or of engravings, photographs,
or other articles published with variations, a copyright is to be en-
tered for each volume or pai ' of a book, or number of u periodical,
or variety, as to style, title, or insci-iption, of any other article. To
complete the copyright on such a work two copies of each serial
part, as well as of the complete work (if published separately) must
be deposited.
11. — To secure a copyright for a painting, statue, or model, or
design intended to be perfected as a work of tho tine arts, so as to
prevent infringement by copying, engraving, or vending such de-
sign, a tletinite description must accompany the application for
copyright, and a photograph of the same, at least as large as " cabi-
net size," should be mailed to the Librarian of Congress within ten
days from the completion of the work or design.
12. — Copyrights cannot be granted upon trademarks, nor upon
mere names of companies or articles, nor upon prints or labels in-
tended to bo used with any article of manufacture. If protection
for such names or labels is desired, application must bo made to the
Patent Office, where they ai'e registered at a fee of $6 for labels and
$25 for trade marks.
13. — Citizens or residents of the United States only are enti-
tled to copyright.
COl'YllKHIT UE(JULATI0N8. 141
14. — Every ttpplifiiut for a copyright hUouM Htuto iliBtiuctly tli«
full iiiiiiio iiiul rcHulouce of tlio I'liiiiuaiit, iind whether the right is
claituod UH luithor, doniguer, or proi)rioior. No iifliduvit or formal
applicutiou in required.
COPYRIGHT REGULATIONS OF THE DOMINION
OP CANADA.
Sec. 4. Any pernoii domiciled in Cauada or in any part of thu
British posseHHioiiH, or any citizen of any other country which haw
an international copyright treaty with the United Kingdom (the
United StateH has no Huch treaty), who in the author of any book,
map, chart, or musical composition, or of any original painting,draw-
ing, statue, sculpture or photograph, or who invents, designs.etches,
engraves, or causes to be engraved, etched or made from his own
design, any print or engraving, and the legal representatives of such
person or citizen, shall have sole and exclusive right and liberty of
printing, reprinting, publishing, reproducing and vending such lit-
erary, Hcientilic or artistic works or compositions, in whole or in
part, and of allowing translations to be printed or i-eprinted and Bold,
of such literary works, from one language into other languages, for
the term of twenty ei(j lit years from the time of recording the copy-
right thereof in the manner hereinafter directed. — 38 V., Chap. 88,
B. 4.
Sec. 5. The condition for obtaining such copyright shall be that
the said literary, scientific or artistic works shall be printed and pub-
lished, or reprinted and republished, in Canada ; or in case of works
of art, that they shall be produced or reproduced in Canada, whether
they are so published or produced for the first time, or contempo-
raneously with, or subsequently to publication or production else-
where ; but, in no case shall the said sole and exclusive right liberty
in Canada continue to exist after it has expired elsewhere.
2. — No immoral, licentious, irreligious, or treasonable or sedi-
tious literary, scientific or artistic work shall be the legitimate sub-
ject of such registration or copyright. — 38 Vic, C. 88, s. 4, part.
Sec. 6. Every work of which the copyright has been granted
and is subsisting in the United Kingdom, and copyright of which is
not secured or subsisting in Canada, under any act of the Province
142 READY UKFEItKNOK MANUAL.
of ('iiiiada, or of t\w LegiHliituro of any of the provinc(>B forniiiif^
part of Cntinila, or of th» LogiHlaturc of any of tlio provinccH forming
part of what iiiuy bo teriiiod Old Canadii, (tbJH refers to tbo provin-
ces of Upper and Lower Cuiuidn prior to tbo Confudoratioii of tbo
ProviucoH. which aro now nnniod Ontiirio und (^uolx'f), Hliftll, whon
printed and piihUHbod, or rci)rintod and rcpiihliHliod, in (Janada, bo
entitled to copyright under thin a(rt ; but nothing in tluH act hIuiII
be bold to prohibit tbo importation from the United Kingdom of
copies of any Buch work lawfully printed there.
2. — If any Hucb copyright work is reprinted HubHecpuntly to
its publication in tbo United Kingdom, any pcrrton who bas, provi-
ouHly to date of outry of such work upon tbo rogiutorH of copy-
rigbtH, imported any foreign reprintw, may dibpoHo of Hucb roprintH
by Halo or otlierwiHO ; but tbo burden of proof of eHtal>liHhing tbo
extent and regularity of transactions shall, in such case, bo upon
such person.— 38 V., C. 88, s. 15.
Sec. 7. Any literary work, intended to bo published in pamph-
let or book form, but which is first published in separate articles
in a newspaper or periodical, may be registered under this act while
it is BO preliminarily publiHhcd, if the title of fbo manuscript and a
abort analysis of the work are deposited at the Department, and if
every separate article so published is preceded by the words, "Reg-
istered in accordance with the Copyright Act " ; but the work, when
published in book or pamphlet form, shall be subject also to the
other requirements of this act. — 38 V., C. 88, s. 10, part.
Sec. 8. If a book is published anonymously, it shall be suflici-
eut to enter it in the name of the first publisher thereof, either on
behalf of the un named author, or on behalf of such first publisher,
as the case may be. — 38 V., C. 88, s. 25.
Sec. 0. No person shall be entitled to the benefit of this act
unless be has deposited at the Department two copies of such book,
map, chart, musical composition, photograph, print, cut, or eiigrav-
ing, and in case of paintings, drawings, statuary, and sculpture, un-
less be has furnished a written description of such works of art ;
and the minister shall cause the copyright of the same to be recorded
forthwith in a book to be kept for that purpose, in the manner
adopte d by bim, or prescribed by rules and forms made, from time
o time, as herein provided. — 38 V., C. 88, s. 7.
COPYIIKUIT RK(HILATI()NH. MH
Ht;v. 10. Tho iiiiiiiKUtr hIijiII ciiuhu oho of Htirh two (■o])i«'H of hiu'Ii
book, limp, cliiirt, iiuiHinil coinpoHition, itltoto^'rupli, print, cut, or
oiigraviii^', to be (U'poHited in thu library of tlio I'ui'liuuiout uf ('uii-
adii— :i8 v., c. 88, h. 8.
Seo. 11. It hIkiII not he recpiiHite to doHvor any printed copy
of the Hitcond, or of any HubH('(iuent (Mlition of any book, unltttH tho
Hanie contaiuH very important alti rations or udditionH. — ^8 V., c88,
H. 2<J.
Hk(!. 12. No person Hhall \w ontitlod to tho benefit of this act
iinleHH lie gives information of the copyright being secured by caus-
ing to bo inserted in the several copies of every edition published
luring the term secured, on the title page, or on the page immedi-
ately following, if it is a book — or if it is a map, chart, musical com
position, print, cut, eugravuig or photograph, by causing to bo im-
pressed on tho face thereof, — or if it is a volume of maps, charts,
music, engravings or photographs, upon the title page or frontiu-
pieco thereof, the following words, that is to say : '* Entered accord-
ing to Act of tlie Parliament of Canada, in the year 18 , by A.
B., at the Department of Agriculture"; but an regards piiintings,
drawings, statuary and sculptures, the signatures or sigualure of
the artist shall be deemed a sufficient notice of such proprietorship.
—38 v., c. 88, 8. 9.
Sec 13. The author of any literary, scientific or artistic work,
or his legal representatives, may, pending the publication or repub-
lication therciof in Canada, obtain an interim copyright thereof by
depositing at the Department a copy of tho title or a designation of
such work, intended for publication or republication in Canada —
which title or designation shall be registered at the said Depart-
ment — to secure to such author aforesaid, or his legal representa-
tives, the exclusive rights recognized by this act, previous to publi-
cation or republication in Canada; but such interim registration
shall not endure for more than one month from the date of the orig-
inal publication elsewhere, within which period tho work shall be
printed or reprinted and published in Canada.
2. — In every case of interim registration under this act, the au-
thor or his legal representatives shall cause notice of such registra-
tion to bo inserted once in the Canada Gazette. — 38 V., c. 88, 10,
part.
14-4 llEAIJY REFEUENCE MANUAL.
Sec. 14. TLo appliciitiou for the registration of au iuterim
copyright, of a temporary copyriglit, aud of a copyright, may bu
made in the iiaiub of the author or his legal re])re8eutatives, by auy
person purportiug to be the agent of such author or legal represen-
tatives ; aud any damage caused by a fraudulent or an erroneous
assumption of such authority, shall h'i recoverable in any court of
competent jurisdiction.— 38 V., c. 88, s. 23, part.
Sec. 15. The right of au author of a literary, scientific or ar-
tistic work, to obtain a copyright, aud the copyright when obtained,
shall bo assignable in law, either in whole or part, by an instrument
in writing, naade in duplicate and one copy liled in the Department
of Agriculture. — Extract from 38 Y., c. 88, s. 18.
Sec. 17. This clause gives the right of renewal at end of
twenty-eight years for the term oijonrteen years longer. The pro-
ceedings of original copyrights must be fultilled within one year after
the expiration of the original term, or the right becomes forfeited.
— Part of Sec. 5 of same act.
Sec. 24. This clause of the regulations provides as follows :
Newspapers and magazines published in foreign countries, and
which contain, together with foreign original matter, portions of
British copyright works republished with consent of the author, or
his legal representatives under the law of the country where such
copyright exists, may be imported into Canada. — 38 V., c. 88, s. 20.
I'EN.VLTIES FOK INFRINGEMENT.
$1 or not less than 10 cents for every copy found of a book, o ■
other publication found in the possession or known to have been
sold or possessed by the person or persons so infringing. The samt
for any painting, drawing, statue or other work of art. The same
as to prints, maps, engravingo and musical compositions, along with
a forfeiture of all so found. The act i)rovides for a penalty of $300
for advertising or pretending to have a copyright. The penalty for
falsely representing that the interim registration has been made, is
$100. A moiety of the line goes to the government and the residue
to the lawful owner of the copy-right. The act provides that any
action under the act must be brought within two years after the
cause of action arises.
AMENDMENT OF liEVISED STATUTES. 145
FORM OF Al'l'LICATION TO HE MADE BY THE AUTIIOK OK PKOPUIETOE FOR
COPyiUOUT UNDER THE ACT.
To the Minister of Ayrictilture,
(Copyright Branch) Ottawa, Cauacla.
I (name of person), domic-ileJ in Cauacla (state the phice and
province), or being a citizen of any country which has an interna-
tional copyright treaty with the United Kingdom (as the case may
be), hereby declare that I am the proprietor of the (book, map,
chart, etc., as the case may be), called (title or name, as the case
may be), and that the said (book, etc.), has not been published in
Canada by (name of the publisher thereof), in the (name of locality
where the publication has taken place), in the Province of (name
the pi-ovinco where published) and hereby request the registration
of the Siime, aud for that purpose I herewith forward the fee re-
(luired by " The Copyright Act," together with two copies of the
(book, map, chart, etc.)
In testimony whereof, I have signed in the presence of the two
undersigned witnesses at the place and date hereunder mentioned.
Dated at , in the Province of
, this day of , 18 — .
(Hig. of Author.)
(Sigs. of witnesses here.)
Registration fees, !§1 for complete ; 50 cts. for interim.
NoTK. — The following amendment of the Canadian Copyright
Act repeals certain clauses of the foregoing. — Autiiok.
AN At'T TO A.MKND "THE COI'YHIGHT ACT," ClIAl'TKU SIXTY-TWO
OF THE KEVISKI) STATU'JKS OF 1SS9.
Her ]\[ajesty, by and with the advice and consent of (he Sen-
ate and House of Commons of Canada, enacts as follows:
J . Sections four and ilve of " T/ie Copi/rii/ht Act"" are here-
by repealed and the following substituted therefor:
"4. Any person domiciled in Canada or in any part of the
British i)ossessions, or any citizen of any country which has an
Iiiternati(tnal coi)yright treaty with the United Kingdom, in which
Canada is included, who is the author of any book, map, chart or
146 READY REFERENCE MANUAL.
miisiciil or literary composition, or of any original painting, draw-
ing, statue, sculpture or photograph, or who invents, designs,
etches, engraves or causes to be engraved, etched or made from his
own design, any print or engraving, and the legal representatives
of sucli person or citizen, shall have tlie solo and exclusive right
and liberty of printing, reprinting, publishing, reproducing and
vending such literary, scientific, musical or artistic works or com-
positions, in wliole or i»i part, and of allowing translations to be
printed or reprinted and sold of such literary works, from one lan-
guage into other languages, for the term of twenty-eight years
from the time of recording the copyright thereof in the manner
and on the conditions, and subject to the restrictions hereinafter
set forth.
" 5. The conditions for obtaining such copyright shall be that
the said literary, scientific, musical or artistic work shall, before
publication or production elsewhere, or simultaneously with the
first jjublication or production thereof elsewhere, be registered in
the office of the Minister of Agriculture, by the author or his legal
representatives, and further, that such Avork shall be printed and
published or produced in Canada, or reprinted and republished or
reproduced in Canada, within one month after publication or pro-
production elsewhere; but in no case shall the sole and exclusive
right and privilege in Canada continue to exist after it has expired
in the country of origin:
" 2. No immoral, licentious, irreligious, or treasonable or
seditious literary, scientific or artistic work shall be the subject of
such registration or copyright:
" 3. If any such copyright work has been reprinted previously
to the coming into force of this Act, any person who has, pre-
viously to such date, imported any foreign reprints, may dispose of
such reprints by sale or otherwise; but the burden of proof of
establisliing tlic extent and regularity of the transaction shall, in
such case, be upon such person:
" 4. In the case of any person who has contracted, previously
to the coming into force of this Act, to supply any reprint of any
work, either in its complete state or by serial mnubers, of which
work copyright has been obtained either in the Unitetl Kingdom or
any such country i ^ aforesaid, but not in Canada, such person shall
AMENDMENT OF llEVISED STATUTES. 147
be entitled to coini)lete such contract, and, subject to the provisions
of the Acts resp acting duties of Customs, to import the same; but
the burden of proof of establishing the extent and regularity of
the transaction shall, in such case, be upon such person,"
2. Section six of the said Act is hereby repealed.
3. If the person entitled to copyright under the said Act as
hereby amended fails to take advantage of ita provisions, any per-
son or persons domiciled in Canada may obtain from the Minister
of Agriculture a license or licenses to print and publish or to pro-
duce the work for which copyright, but for such neglect or failure,
might have been obtained; but no such license shall convey exclu-
sive rights to print and publish or produce any work:
2. A license shall be granted to any applicant agreeing to pay
the author or his legal representatives a royalty of ten per centum
on the retail price of each copy or reproduction issued of the work
which is the subject of the license, and giving security for such
payment to the satisfaction of the Minister.
4. The royalty provided for in the next preceding section
shall be collected by the officers of the Department of Inland
Revenue, and paid over to the persons entitled thereto, under regu-
lations approved by the Governor in Council, but the Government
shall not be liable to account for any such royalty not actually
collected.
5. Whenever under the foregoing provisions of this Act a
license has been issued permitting the printing and publishing or
the producing of any work, and evidence has been adduced to the
satisfaction of the Governor in Council that such work is in course
of being printed and published or produced in such manner as to
meet the demand therefor in Canada, the Governor General may,
by proclamation published in the Canada Gazette, prohibit the
importation, while the author's copyright or that of his assigns is
in force, subject to the provisions hereinafter contained, of any
copies or reproductions of the work to which such license relates;
but if at any time thereafter it is made to appear to the Governor
in Council that such work is not, under such license, printed and
l)ublislied or produced in such manner as to meet such demand, the
Goveriior General may, by proclamation published as aforesaid,
revoke such prohibition.
148 HEADY REFERENCE MANUAL.
6. Notliiiig in this Act contaiiit'd shall bo det'ined to proliibit
tlie importation from the Uniti'fl Kin<^dom of copies of works of
which tlie copyright is tliere existing and whicli are lawfully
printt'(l and ])ublished there, nor shall anything in this Act con-
tained be deemed to apply to any work for which copyright has
been obtained in the United Kingdom or in any such country as
aforesaid l)efore the coming into force of this Act; but the law in
:.'orce at the time of the coming into force hereof shall be deemed
to be still in force as respects such works.
7. The foregoing provisions of this Act shall come into force
on a day to be named by proclamation of the Governor General.
RULES OF PRACTICE IN THE UNITED STATES
PATENT OFFICE.
1. — All business should be transacted in writing, and addressed
to the " Commissioner of Patents, Washington, D. C." Express
charges, freight, postage, and all other charges must be prepaid.
Personal attendance is unnecessary. Double correspondence with
inventor and an attorney, or two attorneys, will not be permitted.
Inventor can correspond himself, or if ho appoints an attorney, he
shall notify the Commissioner of Patents of such appointment, when
the Department will then only recognize the correspondence of
such attorney. All correspondence, to avoid errors and insure
prompt answers, should give, on the top of such letters, the serial
number ; which will be put upon the application at the Department
when lirst received. Inquiries cannot be answered, when made with
a view of ascertaining whether any alleged improvements have been
patented ; nor can the Department act as expounders of patent law,
except as to questions arising within the office. The merits or
demerits of an invention, thoinventoralonomust be thejudge of ; the
Department deals by rules prescribed by law, a copy of which will
be forwarded to him (or, as the case may be, his attorney) and the
section marked that bears upon his inquiry, and this the Depart-
ment deems a respectful reply. Until patents are granted, absolute
secrecy is maintained, unless necessary to the proper conduct of
business before the office. The authority given by an inventor to
an attorney, may be revoked at any time by cancelling the power
given him and filed with the Dejjartment, when all fm'ther corres-
RULES OF PRACTICE IN THE PATENT OFFICE. 149
pondence will be carried on tlirough the inventor or such other
attorney he may appoint. Senat ors or menibers of CongresH, ai e
prohibited from examining or luterftrence, in a like manner as all
othera outside of authorized attorney or inventor LimBelf.
2. — A patent may be obtained by any person who has invented
or discovered any new and useful art, machine, manufacture, or
comiiosition of matter, or any new and useful improvement thereof,
not known or used by others in this country, and not patented or
described in any printed publication in this or any foreign country,
before his invention or discovery thereof, and not in public use or
on sale for more than two years prior to his application, unless the
same is proved to have been abandoned ; and by any person who,
by his own industry, genius, etrorts and expense, has invented and
produced any new and original design for a manufacture, bust,
statue, alto-relievo, or bas-relief ; any new and original design for
the printing of woolen, silk, cotton, or other fabrics ; any new and
original impressio}i, ornament, pattern, print or picture to be printed,
paiuted, cast, or otherwise placed on or worked into any article of
manufacture ; or any new, useful, and original shape or configura-
tion of any article of manufacture, the same not having been known
nor used by others before his invention or production thereof, nor
patented nor described in any printed publication, upon payment
of the fees required by law and other due proceedings. In case of
the death of the inventor, the patent may issue to the executors or
administrators of inventor's estate ; the inventor can assign his
rights to a patent not issued, but the application and oath must be
made by the actual inventor, if alive, even if patent is to issue to an
assignee ; it inventor is dead, then the oath must be made by his
executors or administrators. If it appears that inventor believed
himself to be the original inventor, or discoverer, a patent will not
be refused on that account, if not patented already in the United
States, excepting the same was described in a publication soid in
this country. Joint inventors are entitled to joint patent ; neither
can claim one separately. Letters patent from a foreign govern-
ment to tile for patent in the United States, are admissible and valid,
unless the invention shall have been in public use in the United
States two yeai's preceding the receipt of such letters, but in such
case the time will be limited to expire concurrently with the original
150 READY REFERENCE MANUAL.
patent in Hiicii foreign country, providing hucU unexpired period
does not exceed seventeen years, in Huch case, then only for seven-
teen years from the filing of such letters.
3. — A complete application, comprises the petition, specifica-
tion, oath and drawings and the model or specimen when required;
and the dejiosit of $15. All explanations and writings must be in
the English language. Applications are numbered in regular order
as received at the Department, the present series running from
January Ist, 1880. The application must be completed within two
years from the first action having been taken thereon. The appli-
cation, drawings, model, designs or specifications, &c., should come
within one package to the Department at first, if possible, if not
in such a manner as to easily connect everything clearly and cor-
rectly.
4. — The specification, means the description of the invention,
so that any person skilled in the art or science to which it apper-
tains could make, construct, compound and use the same ; the lan-
guage used should be simple, brief and expressive. The following
order of arrangement should be observed in framing the specifica-
tion:
1. — Preamble stating the name and residence of the applicant,
and the title of the invention, and if the invention has been pat-
ented in any other country, the country or countries wheie so pat-
ented or patent applied for, and if patented, the nuTuber, date and
place where and when issued.
2. — General statement of the object and nature of the inven-
tion.
3. — Brief description of the several views of the drawings (if
the invention admits such illustration).
4. — Detailed description.
5. — Claim or claims.
6. — Signature of inventor.
7. — Signatures of two witnesses.
8. — Independent inventions, cannot be made under one appli-
cation ; each must be a distinct application, with all its drawings,
&c.
RULES OF PRACTICE IN THE PATENT OFFICE. 151
9. — TLo hpecificalioii aud clrtims and all aiuejuliiientB inust
be plaiuly written or printed (preferred) ou one wide of paper, and
interlineations and erasureo avoided. Legal cap paper with lines
numbered is preferable.
10. — The applicant, if the inventor, must make his oath or
aflirmation that lie does verily believe himself to be the original
and first inventor or discoverer of the art, machine, manufacture,
composition, or improvement for which he solicits a ])atent, and
that he does not know and does not believe that the same was ever
before known or used, and shall state of what country he is a cit-
izen and where he resides. Also if the applicant has patented in
any other country, he must set forth the full particulars.
11. — The oath or affirmation may be made before any person
within the United States authorized by law to adminstcr oaths, or
in a foreign country, before any Ambassador, minister, charge
d'affaires, consul, or commercial agent holding commission under
the goveinment of the United States, or before any notary public
of the foreign country. All persons administering such oath,
must attest the same with the seal of his commission and oflBce.
All after amendments to the application, must in a likeuianner be
under oath as aforesaid.
5. — The drawings must be signed by inventor or by his attor-
ney in fact, and attested by two witnesses, and must show every
feature of the invention covered by the claims, and when the inven-
tion consists of an improvement on a machine, it must exhibit, in
one or more views, the invention itself, disconnected from old struc-
ture, and also in another view, so much only of the old structure
as will suffice to show the connection of the invention therewith.
1. — Three several editions of patent-drawings are printed and
published, one for the office use, certified copies, &c., of the size and
character of those attached to patents, the work being about 6x9^
inches ; one reduced to half that scale, or one fourth the surface,
of which four will be printed ou a page to illustrate the volumes
distributed to the courts ; and one reduction— to about the same
scale — of a selected portion of each drawing to illustrate the official
Gazette.
2. — Drawings must be made on white paper of the thickness
152 READY REFERENCE MANUAL.
of three-sheet Bristol board. ludia iuk aloue luuflt be uBed, so as
to luuke deep solid black liuen.
3. — The size of sheet upon which drawing is made must be ex-
actly 10 by 5 iuches. One inch from its edges for marginal line.
4. — Letters and fif/ures of reference must be carefully formed.
The letters sliould (or ligures) measure one-eighth of an inch.
5. — Drawings should bo rolled for transmiKsion to the ofllce,
not folded. No agents or attorney's stamp or advertisement, writ-
ten or printed on any papers connected with the application will be
permitted.
6. — The Department will furnish the drawings at cost, as
promptly as its draftsmen can make them, for apiilicauts wlio de-
sire to so procure them.
6. — When models are required, the examination will not pro-
ceed until furnished. A model must clearly exhibit every feature
which forms the subjeet of a claim of invention, and should not in-
clude other matter than that covered by the actual invention, unless
necessary to the exhibition of the invention in a working model.
The model should be neatly made of durable material, metal is
deemed preferable ; but when material forms an essential feature
of the invention, it must be constructed of that requisite. The
model must not be more than one foot in length, width or
height, except by special permission from the Commissioner in
cases of very complicated inventions. The name of the inventor
should be permanently fixed upon the model. Working models are
always preferred. Models belonging to patented cases will not be
taken from the office except in the custody of a sworn employee of
the department.
1. — When invention is composed of specimens, ingredients
sufficient for experimental purposes, should accompany the appli-
cation.
Note. — In the foregoing instructions we have only sought to
give such information as will intelligently aid an intending appli-
cant to what he requires to do and how to do it. The Patent Office
regulations and laws, are a very large volume in itself, as can easily
be imagined, dealing as they have to do with possibly a million of
different iuyentions. What is contained in this guide, is a con-
PATENTS OF INVENTIONS. 158
(leuBed abstract of general information upon the ordinary rules, iu
as comprehensive and prac^tical a manner as possible ; or in other
words the knowledge of the proceeding that any person would seek
and require having in contemplation to use it, picked out and
printed in a nutshell. Where difficult inquiries arise, or compli-
cated points in the patent laws, and the laws of appeals from the
Commissioner's decisions, in case of rejection or otherwise, the
only safe and proper plan, is to entrust the same to a competent
patent lawyer, who will, if ai)plied to in the right time, preserve the
rights of many inventors, before they are deprived of the just re-
wards of their genius ; it is like sending for a physician when the
fever has exhausted the vitality of the victim, as waiting too long
for righting wrongs about patents. Start right, work right, and do
your part with all your determination of success, if you do it at all.
(Author).
PATENTS OF INVENTION.
ROLES, REGULATIONS AND FORMS OF THE CANADIAN PATENT OFFICE.
1. — A personal appearance of the applicant or his representa-
tive at the Patent office is not required, unless specially called for
by the commissioner or deputy commissioner.
2. — In all cases the applicant or depositor of any paper is re-
sponsible for the merits of his allegations and the validity of the
instruments furnished by him or his agent.
3. — Correspondence may be carried on either with the appli-
cant or his agent, but only Avith one person, and will be conveyed
through the Canadian mails free of charge.
4. — All documents must be legibly and neatly written or
printed on foolscap paper (13 inches long and 8 wide) with an inner
margin of one inch and a half wide.
5. — All communications are to be addessed — " The Commis-
sioner OF Patents, Ottawa, Canada." Papers forwarded to the office
should be accompanied by a letter, and a separate letter should be
written on every subject.
6. — As regards proceedings not specially provided for in the
accompanying forms, any other form being conformable to the let-
10
154 UKADY IlEFERKNCE MANUAL.
ter and Hj)irit of tho law may bo accepted, and if not conformable
therewith will be returned for correction.
7. — Models must bo neat and substantial working ones, not ex-
ceedinpf 12 inches on the longest side, unless otherwise allowed by
special permission ; models must be so constructed as to show exact-
ly every part of the invention claimed and its mode of working. In
cases whei'o samples of ingredients are required by law, they must
be contained in glass bottles properly arranged, but dangerous or
explosive substances must not be sent. Both models and bottles
must boar the name of the inventor, the title of the invention, and
the date of the application ; they must bo furnished to tho Patent
Office free of charges and in good order.
8. — All feea recjuired by law should be transmitted with the
application for any action by the office, in current bankable funds,
inclosed in registered letters. Bank drafts, money orders, and
checks, which must be certified, should be made payable to " Com-
missioner of Patents, Ottawa." (In no case should money be in-
closed with models).
9. — An application for patent must be proceeded with and per-
fected within two years after the lodging of the petition, in default
of which it will be regarded as abandoned, as well as all proceed-
ings had in relation thereto, and any fees paid will bo held at the
expiration of that period to be forfeited.
10. — Two or more separate inventions can not be claimed in
one application, nor included in one patent. But if separate matters
are represented to be dependant on, and connected with each other
as to be necessarily taken together, to obtain the end sought for by
the inventor, the Commissioner of Patents shall be the judge
whether or not the pretensions of the applicant in such respect can
be entertained.
11. — The filing of a protest against the issuing of a patent shall
not bo taken in itself as sufficient reason to withold the granting of
such patent to an applicant.
12. — A caveat can only be filed by an inventor, and shall be
composed of a specification (and drawings), certified on oath ; and
the applicant may, while it is pending, lodge additional papers, pro-
vided they relate exclusively to the same invention. The person fil-
PATENTH OP INVENTIONS. 155
inpr a caveat will not bo ontitlocl to notice of any application pencliog
at the time of tiling his cav&at. A caveat muBt bo limited to a sin-
gle invention.
The specification of a caneat should be sufficiently precise to
enable the office to judge whether there is a probable interference
when a subse([uout application is filed.
13. — Drawings in duplicate to be attached to the duplicate
specification nuist be made in India or carbon ink, on sheets of
tracing linen (eight by thirteen inches), neatly executed and witliout
colors.
All drawings must bo clear, sharp, well-defined, and not too
fine.
Lines that are pale, ashy, very fine, ragged or rotten, give bad
results when photo-lithographed.
Brush-shading, tinting, and imitation surface graining, should
never be used ; and in fine shading the result should bo attained
with as few lines as possible.
Section lines also should be as open in their spacing as the case
will admit of, and these, as well as all right lines, in order to insure
clearness, should bo made cone, ve surfaces with a ruling pen. The
shading of convex and concave surfaces may be dispensed with
when the invention is otherwise well illustrated.
Shade lines may sometimes be used with good effect, but heavy
shadows where they would obscure lines or letters of references,
should be avoided.
With each application an extra drawing must be supplied for
the Patent Office Record, on a sheet of Bristol board 8 by 13 inches;
without writing on its face, merely the usual lettering ; no title, cer-
tificate nor signatures ; on the back of the sheet the name of the
inventor and the title of the invention must bo written in pencil.
Where several figures are furnished, any one figure which will
best give a general idea of the invention will be sufficient.
The curd board to be used must have smooth or calender sur-
face ; a sheet of " double thick Bristol board " or " Whatman's
drawing paper " is recommended.
The card board drawing should be rolled on a roller for trans-
mission to the office, as folding will prevent its usefulness for photo-
lithographing.
lo(J READY RKFKUKNCK MANUAL.
A HuiiipUt fiinl buiird drnwing will bo fiiiiiiHiicd on applioa
tion.
14. — In tli(> iiiuttor of re-JMHUi', mider t\w aot, wliiitcver iHiTjilly
t'liibrnccd in the uriginid npplicatiuu and ho deHcribed or hLgwq in
the HiiuiR, that it might have btten ouibraccd in tlio original patent,
may b« ground for re-iHsue. No now matter can be introduct'd into
the HpecificatioiiH, nor Hhall the niodolH or drawingH bo amelidfd ex-
cept by the other. In the abHonco of model or drawing, the re-isHue
may contain airicndninntH which wero part of the invention. JSep-
arati' patents may Ihsuo for each distinct part of the invention, com-
prehended in the original patont.
15. — Information in relation to pending caHos will be fur-
niHhed only ho far as it becomes necessary in conducting the busi-
nesB of the office.
16. — Tho office can not respond to inquiries as to tho prol)abil-
ity of an alleged invention being patented in advance of an ajiplica-
tion for patent ; nor can incjuiries founded on brief or imperfect
descriptioDH, propounded with a ' iew of ascertaining whether al-
leged improvomentH have been patt*?*;^ 1, nor unless the name of tho
patentee and, as nearly as possible the date of the patent, be given ;
nor can it act as an expounder of the Patent Law, nor as counselor
for individuals, except as to questions within the office.
In order to avoid unnecessary explanations and useless loss of
time ind labor, it is particularly recommended that reference be
made to the law before writing on any subject to the patent office.
A copy of the rules with a particular section marked, sent to
any person making inquiry, will be deemed a sufficient answer by
the office.
17, — It is desirable, in the interest both of the applicant and
of the public service, that the papers and drawing should be pre-
pared by competent persons, as despatch and regularity in the pro-
ceedings will thereby bo promoted.
18. — AH business with the office must bo transmitted in writ-
mg. The action of the office will be based exclusively on the writ-
ten record. No attention will bo paid to any alleged verbal prom-
ise or understanding in i elation to which there is any disagreement
or doubt.
PATENTM OF INVKNTIONH. 157
19. slunij/HhifiHtK of /ntfe/its iii«' tn bv. uo-tMiiptMiiiul by ii copy
tlu'ioof ; the origiiinl will be kept in th<' I'utcnt Otlic*' uiid the copy
will be returuod to the peruuu boiidiiig it, with a curtitlcato of reg-
iHtrutiou thereon.
20.--A11 caHOB (:onu(>ctod with the iiitiieato and luultifariouH
proceedingH ariHing from the working of tho ratcnt OHico, which
are not Hp^ciaily defined and jn-ovided for in theue ruleH, will be
decided in accordance with the uieritu of each caue under the au-
thority of the ComuiiHsiouer; and such deciHion will bo conununi-
cated to the interested parties in writing.
Note. — There in no appeal from the deciHion of the Conuuiu-
Hioner of PateutB. An iuveHtigation can be proHccuted by applica-
tion to the Minister of JuHtice, and teHtimony taken ujjon the com-
plaint, and if it iH suflicient to warrant a re examination by theCom-
miHsioner of Patoutw, it will be referred back to him with whatever
rocommeudatiouH the judicial committee Hud warrantable.
APPENDIX OF FORMS.
I'etitlons. Vorm I. Ihj sole inventor.
To the Commissioner of Pateuts, Ottawa, Canada.
The petition of John Smith, of the towu of Meaford, in the
county of Grey, and Province of Ontario, carpenter, show eth :
That he hath invented new and useful improvements in machines
for breaking stones, not known or. used by others before bis iuveu-
tion thereof, and not being in public use or on sale with his consent
or allowance as such inventor, for more than one year previous to
his application for a jiatent thereof in Canada.
Your petitioner therefore prays that a patent may be granted
to him for the said invention, as set forth in the specification in
duplicate relating thereto, and, for the purposes of the Patent Act,
your petitioner elects his domicile in the town of Picton, in the
county of Prince Edward, in the Province of Ontario.
John Smith, Applicant.
Meaford, Ist January, 1889.
158 KEADY REFERENCE MANUAL.
LAWS AND KEQULATI0N8 RESPECTING TRADE MARKS OF UNITED STATES.
Be it Enacted, &C., — That owners of trademarks used in
commerce with foreign nations or with Indian tribes, provided such
owners shall be domiciled in the United States or located in any
foreign country or tribes, which, by treaty, convention or law,
affords similar privileges to citizens of the United States, may obtain
registration of such trade-marks by complying with the following
requirements:
First. — By causing to be recorded in the Patent Office a state-
ment specifying name, domicile, location, and citizenship of the
party applying ; the class of merchandise, and the particular descrip-
tion of goods comprised in such class to which the particular trade-
mark has been appropriated ; a description of the trade-mark
itself, with fac- similes thereof, and a statement of the mode in which
the same is applied and affixed to goods, and the length of time in
which the trade-mark has been used.
Second. — The fee is $25, and such regulations as may be
prescribed by the Commissioner of Patents.
Seo. 2. — The application for registration of trade-mark, as
aforesaid, must be accompanied by a written declaration, setting
forth : that such party has at the time a right to the use of the
trade-mark sought to be registered, that no other person, firm or
corporation has the right to such use, either in the identical form
or any other resemblance thereto as might be calculated to deceive;
that such trade mark is used in commerce with foreign nations or
Indian tribes, as above indicated ; and that the descriptions and
fac-similes presented for registry truly represent the trade-mark
sought to be registered.
Sko. 3. — Provides for the registration by the Commissioner of
Patents, and his powers to decide on claims between an applicant
as previous registrant, or between two applicants, he shall follow,
so far as the same may be applicable, the practice of courts of equity
of the United States.
Sec. 4. — Certificate of registry of trade-marks shall be issued
in the name of the United States of America, under the seal of the
Department of Interior, and shall be signed by the Commissioner
of Patents.
RtTLES AND FORMS FOR TRADE-MARKS. 159
Sec. 5. — Provides that a certificate of registry shall reiuaiu in
force thirty years, and that at any time during the six months prior
to its expiration, may be renewed for a like period.
Sec. 6. — Stipulates a liability and right of the injured person, for
the fraudulent use of a duly registered trademark.
Section 2496 of the R. S. of the U. S. A. respecting foreign
counterfeits of watch trade-marks, as follows : — No watches, watch-
cases, watch- movements, or parts of watch-movements, or any other
articles of foreign manufacture, which shall copy or simulate the
name or trade-mark of any domestic manufacture, (manufacturer)
shall be admitted to entry at the custom-house of the United States,
unless such domestic manufacturer is the importer of the same.
And in order to aid the officers of the customs in enforcing this pro-
hibition, any domestic manufacturer who has adopted trade-marks
may require his name and residence and a description of his trade-
marks to be recorded in books which shall be kept for that purpose
in the department of the Treasury, under such regulations as the
Secretary of the Treasury shall prescribe, and may furnish to the
Department fac similes of such trade-marks ; and thereupon the
Secretary of the Treasury shall cause one or more copies of the
same to be transmitted to each collector or other proper officer of
the customs.
rules and foums respecting the application for trade-marks in
the dominion of CANADA,
General Rules.
I. There is no necessity for any personal appearance at the
Department of Agriculture, unless sijecially called for by order of
the Minister or the Deputy, every transaction being carried on
by writing.
II. In every case the applicant or depositor of any paper is
responsible for the merits of his allegations and of the validity of
the instruments furnished by him or his agent.
III. The correspondence is carried on with the applicant or
with his agent who has remitted or transmitted the papers to the
office, but with one person only.
IV. All papers are to be clearly and neatly written on foolscap
100 READY REFERENCE MANUAL.
paper, and every word of them is to be distinctly legible, in order
that no difficulty should be met with in the taking cognizance of,
and in the registration and copying of the same.
V. All communications to be addressed in the following words :
— To THE MiNisTEK oi' Agkicdltukk (Tkade Mark Depaktment),
Ottawa, Canada.
VI. As regards proceedings not specially provided for in the
following forms, any form being comformable to the letter and spirit
of the law will be accepted, and if not so conformable will be re-
turned for amendment or correction.
VII. A copy of the Act and the Rules with a particular section
marked, sent to any person, is intended for an ausw r.
VIII. An application for the registration of a General Trade
Mark shall be made in duplicate after the following manner :
To the Minister of Ayricnlturc, {7'rade Mark and Copyright De-
2^artnient,) Ottttwa, Canada.
I, (name of person) of the (city, town, or other locality, as the
case may be), in (name of county, province or state, as the case may
be), hereby furnish a duplicate copy of a general trade mark, in
compliance with sections 4 and 9 of " The Trade Mark Act," (sec-
tion 4, reads : " A trade mark may be general or specific, accord-
ing to the use to which it is applied or intended to be ajiplied by
the pro^n-ietor thereof." Section 9, reads: "Every proprietor of
a trade mark who applies for its registration shall state in his ap
plication whether the said trade mark is intended to be used as a
general trade mark or as a specific trade mark.' ) which I verily be-
lieve is mine, on account of having been the first to make use of the
same, (or on account of having acquired it from, naming the per-
son, to whom I verily believe to be the original proprietor thereof.)
The said general trade mark consists (here must be inserted a
description of the trade mark, recital of the motto or mottoes, &c.,
«&c., in order to explain the pattern furnished), and I hereby re-
quest the said general trade mark to be registered in accordance
with law.
I forward herewith, the fee of $30, in accordance with section
10. (Section 10 provides a fee for general trade mark to be charged
of $30 ; a specific *^rade mark, $25 ; renewal of specific trade mark
RULES AND FORMS FOIl TRADE- MARKS. 101
$20 ; for copy of certificate, $1 ; for recording an assignment, $2 ;
for copies of documents asked from Department respecting any
trade mark, 50 cents a 100 words), of the said act.
In testemouy thereof, I have signed in the presence of the two
undersigned witnesses, at the place and date hereunder mentioned.
(Place and date).
(Signature of the proprietor).
Signature of the two witnesses.
IX. An apijlication for the registration of a specific trade
mark shall be made in duplicate after the following form :
To the Minister of Agriculture^ {'Trade Mark Departtncnt),
Ottawa, Canada.
I, (name of person), of the (city, town, or other locality, as the
case may be), in (name of county, province or state, as the case may
be), liereby furnish a duplicate copy of a specific case trade mark,
to be applied to the sale of (description of the class of merchandise),
in accordance with sections 4, and 9, of " The Trade Mark and De-
sign Act," (referred to in section VIII), which I verily believe is
mine, on account of having been the first to make use of the same,
(or on account of having acquired it from, naming the person, whom
I verily believe to be the original proprietor thereof).
The said specific trade mark consists (here must be inserted a
description of the trade mark, recited in order, and the motto or
mottoes, in order to explain the pattern furnished), and I hereby
request the said specific trade mark to be registered in accordance
with the law.
I forward herewith the fee of $25 in accordance with section
10, of said act.
In testimony thereof, I have signed, in the presence of the two
undersigned witnesses, at the place and date hereunder mentioned.
(Place and date).
(Signature of the proprietor).
Signature of the two witnesses.
1()2 READY REFERENCE MANUAL.
X. An applicatiou for the registration of an Industrial Design
shall be made in duplicate, after the following form :
7'o the Minister of Agricnlture, ( Trade Mark and De%ign
Branch), Ottaioa, Canada.
I, (name of the person), being a resident of Canada, and now
residing in the (city, town or other locality, as the case may be), in
the (name of the Province, as the case may be), hereby declare that
I am the proprietor of the Industrial Design, of which duplicate
copies are herewith forwarded, and which consists (here insert a
description of the design, and an explanation of its use), and I
hereby rec[uest that the said Industrial Design be registered in ac-
cordance with the law.
I forward herewith the fee of $5, in accordance with section
26, of the " Trad*' Alark and Design Act." (Section 26 specifies a
fee of $5 for such designs ; for extension of time, $2 ; fee for certi-
ficate, $1 ; fee for recording assignment, $2 ; and 50 cents ^ 100
words for reports of designs).
In testimony thereof, I have signed, in presence of the two
undersigned witnesses, at the place and date hereunder mentioned.
(Place and date).
(Signature of the Proprietor.
Signature of the two witnesses.
XI. An application for the registration of a timber mark or
marks shall be made in duplicate after thf following form :
To the Minister of Agriculture, {Trade Mark and Copyright
Branch), Ottawa, Canada.
I, (name of persons or firm), of (residence), engaged in the busi-
ness of lumbering, (or getting out timber and floating or rafting
the same), within the Provinces of Quebec and Ontario, hereby re-
quest the registration of the accompanying timber mark (or marks),
which I (name of person or firm), declare was not in use, to my
knowledge, by any other persor than myself at the time of my adop-
tion thereof, and cf which the following are a description and
drawing (or impressions), in duplicate.
RULES AND FORMS FOR TRADE MARKS. 103
1 herewith forward the fee of $2, required by "£n act respect-
ing the marking of timber."
In testimony thereof, I have signed the appllcition in the pres-
ence of the two undersigned witnesses at the pla^e and date here-
under mentioned.
(Place and date).
(Signature of '^he Proprietor).
Signature of the two witnesses.
PART IV.— CHAP. III.
GENEKAL I'ROVIBIONS OF PAKTNEKSIUP LAWS.
Paitueisbips way consist of one or more persons who shall be
called general partners, and who sliiiU jointly and severally be respon-
sible, as general partners now are by law, and of one or more per-
sons who shall contribute to the common stock a specific sum in
actual cash payment, as capital, and who shall be called special
partners, and shall not be personally liable for any debts of the
partnership, except in such cases as is hereinafter mentioned. The
persons forming such partnerships shall make and severally sign a
certificate, which shall contain the names, both Christian and sur-
uime, and respective jjlaces of residence of all the general and spe-
cial partners, distinguishing who are the general and who are the
sjiecial partners, the amount of capital which each si)ecial partner
contributed to the concern, the general nature of the business to be
transacted, and the time when the partnership is to commence and
when it is to terfliinate. No such partnership shall be deemed to
have been formed until a certificate, made as aforesaid, shall be ac-
knowedged, by all the partners, before some justice of the peace,
and recorded in the office of the recorder of the county in which
the principal place of business of the partnership is situated, in a
book to be kept for that purpose, open to public inspection. If the
partnership shall have i^laces of business situated in different coun-
ties, a copy of the certificate, certified by the recorder in whose
office it shall have been recorded, shall be filed and recorded in like-
manner in the office of the recorder in every such* county. If any
false statement shall be made in any such certificate, all the persons
interested in the partnership shall be liable, as general partners,
for all the engagements thereof. The partners shall for at least six
consecutive weeks immedialely after such registry, publish a copy
of the certificate above mentioned in a newspaper printed in the
county where their principal place of business is situated ; and if
no such paper be there i^rinted, then in a ue"/spaper printed within
the State or province nearest thereto. In case such publication be
not so made the partnership shall be deemed a general partnership.
PARTNERSHIP LAWH. 105
Renetnals and rontlnuatio7ia oi a, limited partnersliip beyond tlip
time originally agreed upon for its duration, a certificate thereof
shall be made, acknowledged, recorded, and published, in like man-
ner as is provided in the preceding sections for the original forma-
tion of limited partnerships; and every such partnership which shall
not be renewed in conformity with the provisions of this section
shall be deemed a general partnership. The business of the part-
nership shall be conducted under the firm name contained in the
certificate provided for as aforesaid, which firm name shall in no case
contain the name of any special partner, and the general partners onlj'
shall transact business ; and if the name of any special partner
shall be used in such firm with his consent and privity, or if he
shall personally make any contract respecting the concerns of the
partnership with any person except the general partners, he shall
be deemed anel treated as a general partner. During the contin-
uance of any partnership under the provisions as aforesaid, no
capital stock thereof shall be withdrawn, nor any division of in-
terest or profits be made so as to reduce such capital stock below
the sum stated in the certificate before mentioned ; and if, at any
time during the continuance, or at the termination of the partner-
ship, the property or assets shall not be sufficient to pay the part-
nership debts, then the special partners shall severally be held re-
sponsible for all sums by them in any way received, withdrawn, or
divided, with interest thereon from the time when they were so
withdrawn respectively. No general assignment by said partner-
ship, in case of insolvency, or where their goods and estate are in-
sufficient for payment of all their debts, shall bo valid, unless it
shall provide for a distribution of the partnership property among
all the creditors in proportion to the amount of their several claims.
In case of an assignment as aforesaid, the assent of the creditors
shall be presumed, unless within sixty days after notice thereof,
they shall dissent ; and no such assignment shall be valid unless
notice thereof shall be given in some newspaper printed in the
county where the place of business of the party making it is situ-
ated (or, if no newspaper be printed in such county, then in some
newspaper printed within the state or the province, nearest thereto)
within fourteen days after the making of such assignment All
suits respecting the business of such partnership shall be prose-
166 READY REFERENCE MANUAL.
cuted by and against the general paitnerH only, except in those cases
in which provision is made as aforesaid, that the special partners
shall bo deemed general partners and that special partnership shall
be voided by acts and noncompliance with the law ; in which cases
all the partners deemed general partners shall join or bo joined in
such suits; and excepting, also, those cases wliei< special partners
shall behold severally responsible on account of any sums by them
received or withdrawn from the common and origi il capital account
as hereinbefore provided. No dissolution of a lii ted partnership
shall take place, except by operation of law, befor- the time speci-
fied in the certificate above mentioned, unless a n( ice of such dis-
solution shall be recorded in the Recorder's office ii which the orig-
inal certificates or the certificate (as the case may h-,') of renewal or
continuation of the partnership was recorded, and unless such no-*
tice shall also be published for six weeks, in ^-()me newspaper
printed in the county where the certificate of formation of such
partnership was published according to the conditii Jis hereinbefore
set forth ; but if no newspaper shall, at the time r.f such dissolu-
tion, be printed in such county, then as in the original cases in
the state or province nearest thereto.
The Closing up of Business in case of death of one of the part-
iiei*«hip, is one of the very important provisions in a carefully
drawn up co partnership deed ; it should provide for a speedy and
practicable settlement by the surviving partners. The usual prac-
tice is that the surviving partners, within sixty days after such
death shall proceed to make a full, true, and complete inventory of
the estate, goods, chatties, rights, credits, moneys, and effects
within his or their knowledge, and shall cause the same to be ap-
praised by two competent freeholders or landlords of the neigh-
borhood, one of whom shall be selected by the surviving partner or
partners, and the other by the Clerk of the Court having probate
jurisdiction, making a full and complete schedule thereof ; which
said schedule and appraisement shall be sworn to by said appraisers
before the Clerk of such Court, specifying that the property de-
scribed in said schedule is appraised at its true cash value ; which
schedule shall by said appraisers bo filed in the office of the Clerk
of the Court having probate jurisdiction, immediately after the
completion thereof. It is the duty of such surviving partner or
rARTNERsnir laws. I(i7
partnern, immediately upon the tiling of bucIi bchedule of ap})niiBe-
ment, to file with the Clerk of the Court having probate juriediction,
his or their affidavit that the schedule filed by said appraisers con-
tains a full, true, and complete list of all the liabilities of said firm
at the time of the death of said deceased partner : to which said
list of liabilities said surviving partner or paitners shall also ap-
pend his or their afiidavits testifying to the correctness thereof.
Upon the filing of the inventory, appraisement, and list of liabili-
ties, as before mentioned, such surviving partner or partners shall
execute a bond, payable to the state or province, in the sum of
double the amount of the interest of said decedent, as shown by
said inventory, appraisement, and list of liabilities on file, condi-
tioned for the faithful performance of his or their trust, signed at
least by two good and sutficient freehold sureties, to be approved by
the Clerk of the Court. If such surviving partner or partners shall
fail to file such bond within the number of days usually allowed in
general cases of a similar kind in the state or province,the Judge of
the Court having probate jurisdiction shall appoint a receiver to
take charge of the assets of such firm, who shall proceed to settle
the same as though a voluntary assignment of the assets of said
firm had been made for the benefit of creditors. If such surviving
partner or partners shall fail to file such niventory, appraisement
and list of liabilities as first stated in this winding up process, or
shall fail or refuse to take upon him or themselves the settlement of
the business of such firm, the Judge of the Court having probate ju-
risdiction, upon petition filed by any one interested in the settlement
of such partnership, who shall proceed to settle the name as though
a voluntary assignment for the benefits of the creditors had been
made by the surviving partner or partners of such firm. Any per-
son interested in the settlement of such partnership business may
file a petition in the Court having probate jurisdiction, to have a
receiver appointed to settle the same, and shall give the surviving
partner or partners at least ten days' notice of the time of hearing
and the place of such hearing, in the said petition ; and if, upon
the hearing thereof, the Judge of such Court shall be convinced
that such partnership business is not being properly settled, or
that the assets of such firm are being wasted, he shall appoint a
receiver to settle the same, as heretofore provided for in the fore-
going instructions.
Ifi8 RFADY RKFERKNCE MANUAI-.
Upon the Hettlomont of fluch piirtncrHhip biisinesH, tho surviv-
ing partner or partners Hhall ntport tho Hanio to the proper Court,
and pay the HurpluH belonging to such deceased partner into Court,
to be paid out, on tho order of the Probate Judge to Huch person
or persons as the Court may have found entitled to the same by
law. Such surviving partner or partners shall settle such partner-
ship business within two years, usually from the filing of such in-
ventory and appraisement, unless the Court, for good cause shown,
shall grant a longer time. Upon the final winding up as aforesaid,
tho bondsmen upon application to the Probate Court Judge may
have their bonds cancelled.
Tho foregoing instructions if carefully followed, explains the
universal proceedings of co-partnerships ; in some states and in the
provinces, slight variations in minute details may appear, but the
substantial legal embodiments, are contained strong enough to
practically need little or no change. Wo have after great research
and comparison of this co partnership law, as in eft'oct in the differ-
ent states of the United States, and in the difl'erent pi'ovinces of
Canada , found so little difference, as convinced us of the utility of
embracing under a general line as in the foregoing, the legal and
proper proceedings, to be adopted in any state or territory, or of
the provinces, upon which it is calculated to treat.
PART v.— CIIAl*. III.
rANDr.onn and tenant. — the oKNEUvr, law iiRAniMd upon thk RtoiiTH
OF llOTII.
EsTATKH AT wii.L. — Estatc'H ftt Will iiiay be (letGrniinoil by one
montb'H notice, in writing, delivoietl to the tenant.
Tenancif.3 AT WILL, AND FROM YEAH TO YEAii. — A tenancy at will
can not arise oi' be created without an express contract ; ami all
general tenancies, in which the prcmiHOH are occupied by the con-
Hout, eitlior express or implied, of lln^ luudlord. shall bo dconicd
tenancies from year to year.
Notice to petermine tenancies i kom year to year. — All tenan-
cies from year to year may be determined by at least three niouths'
notice given to the tenant prior to the expiration of the year ; and
in all tenancies which, by agreement of the parties, expr<'88 or im-
plied, are from one period to another, of less than three months
duration, a notice equal to the interval between such periods shall
be sufficient.
Form op notice. — iMay be used in erase of a tenancy from year
to vear.
Rochester, Monroe Co., New York, Jan. 5th, 1889.
To William Jirown : — You are hereby notilied to deliver up
to me, at the expiration of the current year of your tenancy, which
expires the 12th day of April next, the possession of the 354 East
Main St., in this city, (or as the case may be the north half of lot
24, in the 3rd range, &c., if a farm), now held by you from me as
tenant.
Elijah Roland.
Non-payment of rent notice. — If a tenant refuse or neglects to
pay rent w'.wn due, ten days (uukss provided by special provision
between the landlord and tenant, in the body of the lease, or in
11
170 READY UEFEIIF.NCE MANUAL.
writing if tlie loaHO in not writteu), nolico to i|uit nhall tletnrniino
th« leiiHj', when not coinplind with. The follow ing form of notice or
Hotuething Hiniilnr Ih Hufticic-nt :
IJuilington, Vt., February 6tli, 1881).
To /tlc/iard Dales : ~1 licrcby give you notico to deliver up to
nio nt thn expiration of ten (lays from tlio time of lioing Herved with
tluH n( tice, or pay to me the rent due, the posscHHion of th(( piemiweH
now occupied l)y you, namely : Lot nundiered 10 on Market St , in
the city of iiurliugton, and county uf Chitteutlen, and Stuto of
Verniont.
John Sink.
Place of paymknt. — Where it is not fixed by agreement, the
landlord or hin agent, must demand the Hanie on the premiweH junt
before sunset on the day Hpeciiied.
Cannot err thei s. — Unless expressly authorized the tenant
cannot cut trees ni)on land, except for necessary firewood.
Makino uEi'Aius. — A covenant is never implied that the lessor
will make any repairs. In the absence of a <!Ovenant to repair, the
tenant must pay rent ulthough the building be destroyed by fire,
unless the demise is part only of the whole building. The tenant
is not answerable, in the absence of exprens agreement, for the ac-
cidental destruction of the premises by fire. If a landlord leases a
part of a tenament or building for dangerous uses, he becomes
liable to the other tenants for any damages that may at any time
occur to them thereby.
When notice to quit is unnecessauv. — Where the landlord
agrees with the tenant to rent the premises to him for a specified
term, and where it is agreed at the time that the contract will then
cease ; where a tenant at will connuits waste ; or in case of a tenant
at sufTerance ; or where, by the express terms of the contract the
rent is pa3'able in advance, and where the tenant has entered, and
refuses or neglects to pay rent.
Notice, how served. — Notice, as recjuircd in any of the preced-
ing questions, may be served on the tenant, or if he cannot be found,
bj- delivering the same to some person of proper age and discre-
tion, residing on the premises, having first made known to such per-
I.ANni.OKI) AVn TENANT. 171
Hull tilt! uonlfiilH iliuicdt ; aiul if no Hiiuh pciHoii ciiii be fotititl un lh«
pi-eiuiHim, tL(Ui by anixing a copy of Hucb notice to a conhpiououH
part of enid prMiiiHCH.
Conveyance without ATTonNMEST. — l'uj'"'<'"t of rent by the
tcimnt to tho grantor, at any tinie before notice of Hale given to naiil
tenant, Hhall be good agaiiiHt the grantee. The conveyance of the
eHtate by hiudU)rd without the attornment of tenant iH vahd.
OccupANTH MAiii.E FOR KENT. — The occupaut, without special
contract, and not siiHlciently long enough to take advantage of the
HtpiatterH' right under tho Htattitew of limitation to lecovtiry of poH-
KOHHion, of any landH, whall be liable^ for rent to any pernon entitled
thereto. A peiHon taking poHHCHbion under a voidable contract of
purchaHe, is liable for rent.
Landdohd's MEN Fon KENT. — In all cases wher(> a tenant agrees
to pay, as rent, a part of crop raised on tho leased premiHcts, or
rent in kind, or a cash rent, the landlord Hhall have a lien on the
cro]) nuHcd under Huch contract, for tlu! payment of such rent ;
which lien, if i\m tenant i efuse or neglect to pay or to deliver to the
landlord such rent when due, m.ay be enforced by sale of such crop,
in tho same manner as tho lien of a bill of sale or chattlo mortgage
^containing a power to sell.
E.FE(!TMENTS AND sEizuuEs. — No landlord between the hours of
sunrise and sunset, shall by himself or his duly authorized bailift",
forcibly enter upon the premises of any tenant, or otherwise make
distraint for rent. 77ie process o/ attaehitient for rent diii\ lies
unch^r tho common laws and customs everywhere; but the right to
sell tho same is only permitted under the laws of some states and
in the provinces of Canada. Tho practice and law is to bring suit
and prove the legality and justice of the debt, as in any other cause.
But where a lease exists aiid the landloid has fultilled his cove-
nants, tho debt is as de/easelcss as a promissory note, " for value
received."
PART VI.— CHAP. III.
MASTER AND SERVANT.
The word servant, is a gfcneric term, embracing slaves ; but
where slavery does not exist, a servant is one wbo by liontract has
bound himself (or herself as the case may be) to render service to
another, who in respect to the subject matter of the contract is bis
master. The contract hiring may be verbal or in writing ; if it be
for more than a year, it must be in writing, or it will be valid only
so far as the parties have acted under it. When the time of service
is fixed, neither party has the right to terminate it, except for good
and siilHcient cause. The servant must obe\ all proper directions
in respect to the service, attend faithfully to his duties, and be
guilty of no g'ossly immoral or indecent behavior. Leaving without
sufficient cause : — The penalty for leaving without sufficient cause,
or if the master shall wrongfully discharge him, is the payment of
such damages as the other party can show he sustained. Where a
wrongful act is done by a servant by direction of the master, or in
his presence, so that his consent can be fairly implied, or as a natural
or probable result of directions given by the master, or in the exer»
cise of a discretion which the master has given, the master is answer-
able in damages to the person injured. If a servant steps aside
from his duty to commit an intentional wrong, ho alone is liable
therefor. But if a railroad ctaiductor should in defiance of his
orders, and wilfully and wantonly iuHict an injury upon a passengf^',
the company would be liable, because it was its duty to see that t/ie
conductor, placed and intrusted to fal/il their contract of carrying
that passenger, was not i?itr listed to those who would negligently or
jnirposely violate it.
These rules of liability on the part of the master do not apply
in favor of a servant who is injured by the carelessness or negligence
of a co-servant, unless he can show that the servant causing the
injury was incompetent or an unfit person to be engaged ii^. such em"
ployment, and that the master knew it when he employed him. One
who entices a servant away before his time of service has expired,
or who injures him so that he cannot labor, or who seduces a female
servant, is liable to the master of «uch servant for damages.
ixtiW OF APPUENTICESIIIP. 173
LAW OF Ari'EENTICESHIP.
Apprentice, a persou bound to service for a term of years, aad
receiving in return instruction in bis master's business. Appren.
ticesliip had its origin in the system of associated trades which
prevailed in Europe in the middle ages. It was the mode of ac-
(piiring freedom under the huv to exercise a trade, but exists at
present chiefly as a convenient means of accpiiring knowledge of
one. Apprenticeships are first noticed in the English statutes in
1888. The London apprentices ligured as an important body during
civil wars. Their term of service was seven years. Early in the
present century apprenticeships, as a necessary means of access to
a trade, was abolished. In almost all the United States and in each
Province of Canada, the contract is provided for by statute. In
some of the States it is regulated by the agreement between the
parties, confirmed by the parent or guardian of the apprentice, the
time being sometimes a rule and custom, but more generally the
attainment of efficiency. New York State by statute of 1871, the
term of apprenti -iship must be not less than three or more than
five years. In other states the statutes limit the time and stip -
uhites the hours of service, the education j)eriod8 in each year in
the common schools, etc. But in no state does the law bind the
apprentice to serve longer than the years of his majority.
In Rkspect to ApriiENTiCESHips Generama' : — It has bee 'leld
tluit the indenture cannot be assigned by the master, unless with
the infant's consent or under the sanction of well settled usage.
The apprentice cannot abandon his service unless his master deserts
him. The master cannot turn away the apprentice for ordinary
misbehavior, such as idleness or drunkeness ; and if the apprentice
is ill, the master is bound to provide proper cars and medicines.
The employer may maintain an action for the value of his appren-
tice's services against anyone who entices him away, or wilfully
harbors him after his desertion, with knowledge of his dt sertion
and his apprenticeship. The obligation of the apprentice is dis-
solved by the death of his master or insolvency. Dissolved by dis-
charge witLout cause, entitles the apprentice to wages for the entire
time of his apprenticeship, served and to be served. Marriage of a
female apprentice annuls her obligations.
PART Vn.— CHAP. Til.
EXTRADITION OF I'UUITIVE I'ELONS BETWEEN THE UNITE]) STATEH AND
CANADA.
An act rospectiug the treaty betweea Great Britain and tbe
United Stati's of America lor the appreliension and surrender of
certain ollenders.
Tiie act recites tbe treaty signed at Washington on the 9th day
of August, 1842, and ratitications exchanged at London on the 30th
of October tbe same year, and then enacts :—
( 1 ) As amended by subsequent statute, 24, V. C G, that upon
coiuphiint made under oath or atfirmation, charging any person
found within the limits of the provinces (now Dominio]i of Canada)
of Canada with having committed within the jurisdiction of the Unit-
ed States of America, with any of the crimes herein enumerated,
viz : — the crime of murder, or assault to commit murder, piracy, ar-
son, I'obbery, forgery or the utterance of forged paper, it shall be
lawful for any judge of tbe Supreme Courts in the Provinces, or any
County Court judge or any recorder of a city, or police magistrate,
or stipendary magistrate, to issue his warrant for tbe apprehension
of the person so charged, that he may be brought before such judge
or other officer, and upon being brought before him, under the said
warrant, it shall be lawful for such judge or other offi(xn- to examine
upon oath any person or persons touching the truth of such charge ;
and upon such evidence as, according to the laws of the Provinces,
would justify the apprehension and committal for trial of the person
so accused, if the crime of which he shall be so accused had been
committed heiein, it shall be lawful for such judge or other officer
to issue his warrant for the commitment of the person so cliarged to
the proper gaol, there to remain until surrendered according to stip-
ulation of said treaty, or until discharged according to law ; and the
said judge or other officer shall thereupon forthwith transmit or de-
liver to the Executive at the seat of government all the testimony
taken before him, that a warrant may issue upon the recpiisition of
the United States for the surrender of such i)erson, pursuant to the
said treaty.
EXTRADITION OF FUGITIVE FELONS. 175
2. (An amendment to the foregoing statute.) In every case of
complaint as aforesaid, and of a hearing upon the return of the wnr-
rent of arrest, copies of the depositions upon which the original
warrant may have been granted in the United States, ( according to
the laws of the different states ) certified under the hand of the per-
son or persons issuing such warrant, and attested upon oath of the
party producing them, to be true copies of the original depositions,
may be received in evidence of the criminalit}' of the person so ap-
prehended.
3. ( As further amended by Act of Parliament.) It shall be law-
ful for the Governor General, upon a requisition made as aforesaid
by the United States, by warrant under his seal to order the person
so committed to be delivered to the person or persons authorized to
receive sucli person in the name and on the behalf of the United
States, to be tried for the crime of which such person stands ac-
cused ; and such person shall be delivered up accordingly ; and the
person or persons authorized as aforesaid may hold such person in
custody, and take him to thp states or territories of the United
States, pursuant to the said treaty ; and if the person so accused es-
capes out of any custody to which he stands committed, or to which
he has been delivered as aforesaid, such person may be retaken in
the same manner as any person accused of any crime against the laws
of this Province, may be taken upon escape in a like manner.
4. ( As further amended.) Provides that any person so arrested,
if not delivered up within two rionths after such commitment, any
of the judges of the Superior Courts having power to grant writs of
habeas corpus, upon application made and proof given of notice to
the Secretary of State, may order such person to be discharged out
of custody, unless sufficient cause be shown to tht. contrary.
THE WELDON EXTRADITION ACT OP 1889.
An act to extend the provisions of the Extradition Act.
Whereas, it is expedient to make further provision for the ex-
tradition from Canada of fugitive oftenders from foreign states :
Therefore, Her IMajesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as follows : —
1. In case no extradition arrangement, within the meaning of
176 READY UEFEI5ENCE MANUAL.
'* The Kxtradith^t Act^^ exists between Her Majesty and :i foii'igu
state, or iu ease such an extradition arrangement, extending to
C^aiiada, exists between Her Majesty and a foreign state, but does
not include the crimes mentioned in the schedule to this act, it
shall, nevertheless, be lawful for the Minister of Justice to issue
his warrant for the surrender to such foreign state of any fugitive
oftender from such foreign stal- charged with or convicted of any
of tile crimes mentioned in the schedule to this act: Provided,
always, that the ariest, connnittal, detention, surrender and convey-
ance out of Canada of such fugitive ollender shall be governed by
the i)rovisions of '• The J'Jxtrudition Act,'' and that all the provis-
ions of the said act shall fil^'ly to all steps and proceedings in re-
lation to such arrest, committal, detention, surrender and convey-
ance out of Canada, iu the same manner and to the same extent as
they would apply if the said crimes were included and specilied iu
ail extradition arrangement between Her Majesty and the foreign
state, extending to Canada.
2. All expenses connected with the arrest, committal, deten-
tion, surrender and conveyance out of Canada of any fugitive ofi'eii-
der under this act shall be borne by the foreign state applying for
the surrender of such fugitive oftender.
3. The list of crimes in the schedule to this act shall be con-
strued according to the law existing in Canada at the date of the
commission of the alleged ciime, whether hy common law or by
statue made before or aftfsr the coming into force of this act, and
as including only such dimes, of the description comprised in the
list, as are, under tliut law, iudictaljle oftences.
2. Tue provisions of this act shall apply to any ci'ime mentioned
in the said schedule, ciommitted after the coming into f()rce of this
act, as regards any foreign state as hereinafter provided.
4. The foregoing provisions of this act shall not come into
force with respect to fugitive oftenders from any foreign state until
this act shall have been declired by proclamation of the Governor
General to be in force and efl'ect as regards such foreign state,
from and aftei' a da}' to be named in such Proclamation ; and the
provisions of this act shall cease to have any force or efi'ect with
respect to fugitive oftenders from any foieign state, if by proclama-
EXTHADITION OF FUGITIVE FELON'S. 177
tion the Governor General declares this act to '>e no longer in
operation as regards such foreign state.
2. The day from and after which, in such case, the provisions
of this act shall cease to have force and efTect shall be a day to be
named in such proclamation.
5. This act shall not authorize the issue of a warrant for the
extradition of any jierson under the provisions ofthisBtatute, toany
fitiite or country in which by the law in force in such state or coun-
try, such person may be tried after such extratlition for any other
otl'eiice than that for which he has been extradited, unless an assur-
ance shall lii st have been given by the executive authority of such
state or country, that the person whose extradition has been
claimed shall not be tried for any other offence than tiiat on account
of which sLioh extradition has been claimed.
SCHEDULE.
(1) Murder, or attempt or consi>iracy to murder ; (2) man-
slaughter ; (3) counterfeiting or altering money and uttering coun-
terfeit or altered money ; (4) forgery, counferfeiting or altering
or uttering what is forged, counterfeited or altered ; (5) larceny ;
(6) embezzlement ; (7) obtaining money or goods or valuable se-
curities by false pretences ; (8) rape ; (9) abduction ; indecent
assault; (10) child stealing; (11) kidnapping: (12) burglary,
house-breaking or shop-breaking; (13) art on ; (14) robbery; (15)
fraud committed by a bailee, banker, agent, factor, trustee or mem-
ber or public officer of any company or municipal corporation, made
criminal by any law for the time being in force ; (16; any malicious
act done with intent to endanger persons in a railway train ; (17)
piracy by municii)al law or law of nations, committed on board of
or against a vessel of a foreign state ; (18; criminal scuttling or
destroying such a vessel at sea, whether on the high seas or on the
great lakes of Noi'th America, or attempting or conspiring to do so;
(19) assault on board such a vessel at sea, whether on the high
seas or on the great lakes of North America, with mtent to destroy
life or to do grievous bodily harm ; (20) revolt, or conspiracy to
revolt, by two or more persons on board such a vessel at sea,
whether on the high seas or on the great lakes of North America,
178 READY BEFEUENCE MANUAL.
agaiust the authority of the inaHter ; (21) adiuiuiHteriiig drugs or
using iustrunients with iuteut to procure the miacarriage of a
woman ; (22) any oft'ence which is, in the ca.se of the principal
ofi'ender, included in any forgoing portion of this schedule, and for
which the fugitive criminal though not the principal, is liable to be
tried or punished as if he were the principal.
CHAPTER IV.
I'AUT I.— Tlio MiuriaKi! Laws tus irgiilatod l.y statutes in cacli Slate and
Territory of the United States and in each Province in tlie Dominion of
Canada. Wiiere a licensi; is reipnred. A-^es of cai)al)ility to eider
the contract witli parents' consent or wi'hout. AVliere ^hlrriaK<• is
regarded as a civil contract and where it is not. AVho can i)erl'orni
the ceremony. Whi-n^ living together as hnsi.and and wife consti-
tutes a lawful marriage. PART II. — Married woman's separate
riglds resjiei'ting the ownership and disposition of property. Her
liahility for her luisband or family debts. Debts antenuptial and
otherwise that both husband and wife assume. PART III.— The
linws of Divorce; The causes for which decreed; The time action nuist
be commenced, and its effect on ]n-oi»erty of both iiarlies. PART IV.
— Woman Kiiirrage in United States and elsi'xv here.
PART I.— C!HAP. IV.
MARRIAGE LAWS.
Alabama. — The State recjuires a mairiage license. INIales of
the full age of 21 years, aud females 18 years of age can lawfully
enter the marriage contract without consent of parents or guard-
ians ; ministers of the gospel, justices of the peace, notaries of
public, judges and justices of the courts, are authorized to solemnize
marriage.
Living as Man and Wife does not constitute a marriage, rec-
ognized in any manner by law.
Whites Cannot Intermarry with any person having more than
one-half colored blood by descent.
Marriage does not Legitimize all children born in wedlock ;
If mother is enceinte at marriage, the husband can or may not
recognize the issue ; supporting the child and using his name com-
pletes its legitimacy in the eyes of the law.
Persons Cannot Mutually Contract, except in the i^resence
of a minister or other officer qualified to perform marriage, aud two
other witnesses, without a license.
Registration of Deaths, Births and Marriages shall be re-
180 HEKDY UEFEltENCE MANUAL.
ported to tlio Secretary of the State Board of Health l)y phyHiciaiiH,
midwivcH and officers performing the luurriago cereuiouy, within 30
dayH thereafter.
FiiisT CousiNH can enter marriage in thib State, bnt certain
religious denominations refuse according to their church edicts, to
perform the marriage.
Arkansas. — The State requires a marriage license ; the
County Clerk issues it ; the fee is !$2,5().
AdKS UK Cai'AIUMty :— MuloH 21 and females IS can enter the
marriage contract, if otherwise capable, without consent uf their
parents or guardians. Males 17 and females 14 with the consent of
the father of either contracting party, at time of obtaining the
license, are privileged.
Who can Solemnizk : — Alarriagos can be performed by all minis-
ters of the gospel; judges of all the courts, justices of the peace and
the governor of the State.
Living as Man and Wife has been held by the inferior courts
as a lawful marriage ; but is regarded as (questionable Jaw.
Whites aue not Pkoiiiiuteu to marry Indians, but the mar
riages of whites with negroes are void by the statutes of the State
it is regarded by experienced lawyers as unconstitutional.
REGisTKvnoN: — All marriages must by a certificate of Mie ottici-
ating minister and the license be recorded with the Coi> Clerk
within sixty days thereafter.
iMauuiaue LEdiTniizES all childrcsn born in wedlock or otherwise
as set forth in the statutes as follows : •' Sec. 2525. — If a man have
by a woman a child or children and afterward shall intermarry with
her, and shall recognize such children to be his offspring, they shall
be deemed and considered as legitimate.
FiusT Cousins cannot intermarry.
Arizona. — A marriage license is recpiired ; males 18 and
females 16 can enter marriage vows, when the female obtains the
consent of her parents or guardian ; under these ages both recjuire
consent.
MARRIAOF, lAWfl.
181
TuK Law.s of Ai,.vi!.vm\ ill other rospects are followed, except
that whites are prohibited to iutoriuarry with Moiigoliaus.
California.— A raarriage liceuse is required ; the clerk of the
County Court iHsues it ; the fee is $2.50.
AfJE OP Consent :— Maloa must be 18 and females 15 years of
ago, and not prohibited by relationship. Without consent : male
21, female 18.
Who can Solemnize :\rARuiA(iES :— All ministers of the gospel
and every recognized rehgious body according to their creeds, viz:—
R:ibl)ic:^, QnalvOVH and Friends; justices of the peace; judges of
the diilercnt Courts of Record.
Mariuaok a Civn, Contract:— Where marriage by mutual
agreement, apart from adulte,\, or compulsions arising therefrom,
and assumption of martial rights and obligations : the laws of Cali-
fornia regard it as full and suflUcieut.
First Cousins and intermarriage with Mongolians are prohib-
ited.
Registration :— All marriages must be recorded within thirty
days thereafter with clerk of County Court.
Colorado.— A marriage license is required the same as in Cal-
ifornia.
Aoe of Consent :— ^Males 14 years of age and females 12 years
of age, with the coiisciut. of lather of botli contracting parties, or the
mothers as the case may be. Without consent of parents : males
21, females 18.
Intermarriage of races is forbidden, if ihe blood by descent
is more than half Indian, Mongolian or negro.
Connecticut :— Marriage licenses are required ; the County
Clerk issues them, the fi'e is $1.
Ages ok Consent.— Males 14, females 12 ; no license can be ob-
tained without the personal application of the male conjointly with
• his father or prospective father-in-law. Without consent, male 21,
and female 21 years of age.
182 READY UEFEIIENCE MANUAL.
Voin Marhiaokh : — All iiiftrriugoH soUiimiizfid between persons of
closor than coiisinH of second dugioo by blood or fhst def,'ree by
marriage law ; insane and idiotic persons ; under lawful age ; iDy
force, and bigamy.
MAniiiAfiE Leoamzkb all children born in wedlock.
LivrNa TociETiiiiu ah Man and Wife does not constitute a law-
ful marriage.
Makuia(ies by Mutual Agreement are not recognized by law ;
the coroniony niUHt be performed by a duly authorized minister of
the gospel or oth(!r authorized person by his society or body ; a
miigistrato, judge or suporinUiudant of some public benevolent in-
stitution. I'crsons living in fornication are liable to prosecution.
Dakota. — A marriage license is not re(|uired. Any male of
the age of 18 years and female of 15 years, having no natural or
other discjualification, are capable of consenting to and consummat-
ing marriage. The marriage may be solemnized by either a justice
of the peace, judge of the Probate Court or Supreme Court, mayor,
a minister of the gospel, or priest, of any denomination ; and in case
of Indians, by the peace-makers, their agents or suiierintendents of
Indian affairs. Indians living as husband and wife, are, according to
Jndian customs of the chiefs, regarded as married. All marriages
contracted without the Territorj' and valid wliere made, are good
here. All children born in wedlock are presumed to be legitimate ;
a child born of the same parents before wedlock, becomes legitimate
by the siibsccjuent marriage of the parents. A joint declaration of
marriage by either a written agreement or substantial witnesses to
<he same, without any olliciating person, is valid. The person sol-
emnizing a marriage, must furnish either party on recpiest, a certifi-
cate sj)ecifying as follows : —
1. The names and places of residences of the parties married-
2. That they were known to him, or were satisfactorily proved
to him by the oath of a person known to him, to be the persons de-
scribed.
3. That he had ascertained that they were of sufficient age.
4. The names and places of residences of the attesting wit-
nesses.
MAUHIAdF, I-AWS. 183
6. Tiie time aud plucu of timiria^c.
6. That lifter due iiKjiiirj', tlu;ro appeared to l)e no Inwfiil
iiiipedimeiit.
This certificftto may, within six montliH after the niarrinf^e, be
filed witli tlie clerk of the city or town where the niurriage was hoI-
ernuized ; or whore either parties reside : or the regiHtrar of deedH of
such county: and wlien thus fikd, niUHt l>o entered in a book to be
provided by such oflice, in alphabetical order of the name of each
[larty, and in the order of time of tiling ; this entry niUHt Hpecify the
name and place of rcHidence of each party : the time and j)laco of
marriage; the name and oilicial .station of the person signing the
certificate, and the time of tiling.
A certificate is signed by a minister or priest, there must be en-
dorsed or annexed before filing, a certificate of a magistrate residing
in the same county with the clerk that the person by whom it is
signed, is personally known to such magistrate and has acknowl-
edged the execution of the certificate in his i)reaence, or that the ex-
ecution of the certificate by a minister or priest of some religious
douoiiiination has been provt^d to the magistrate by the f)ath of a
person known to him and who saw the certificate executcul.
15y an act approved INIarch I'-i, ISK;!, laws of Dakota,
(^haitter l;{7, page 204, sec. 3, it is made the duty of the coroner to
obtain statistics of the number of deaths, the ages and nativity of
deceased, and cause of death ; also the births and maniages each
year; the registration of these is impel ative within IH days.
Delawaro. — ^^ar^iage licicnses are rciiuiied ; the clerk of the
county and city courts issue tlieni.
AoEs oi' Consent : — The common law regulates the age if an
objection arises to the age of a male; the female cannot be under
12 years of age ; parents consenting to the marriage of a female
under this age are liable to severe penalties under criminal proced-
ure. Males are of full age at 21, and females at 18, and conse
quently can do all lawful acts of their own free will.
M\UHi\GE WITH Nkouoes and mulattos is prohibited ; the
statute is silent upon the marriage of Indians and Mongolians.
The prohibition in this respect is regarded as unconstitutional.
184 READY REFERENCE MANUAL.
Makhiaue Leqitimizes all children buru under marriage, but
children born of the same parents before marriage, are illigitimate.
Living as Man and Wife or mutual agreement marriages are in
any manner illegal ; marriage is regarded as a status relation made
sacred by divine ordinances.
Marriages must be recorded by a certificate of the oflBciating
person, along with the license, with the recorder of deeds, within
three months.
Who can Solemnize: — Ministers ordained or authorized by
their church ordinances or society customs, and the mayor of the
city of Wilmington.
Georgia. — Marriage licenses are required bj' the State ; the
ordinary or his deputy issues them ; the fee is .fl.75.
Ages of Consent : — Males 17, females 14, if not otherwise pro-
hibited.
Officers Authorized to Solemnize, are ministers ordained by
any body, or denomination recognized by the people as a religious
society; justices of the peace; judges of the State and United
States Courts.
Registration must be immediately made by filing a certificate
from the oflBciating person along with the marriage license.
Lawful Ages of males 21, females 18, after full age if no other
hinderance by being closer relationship than cousins of second de-
gree, insane, under age of consent, physically incompetent, white
with a negro of more than half blood, force, fraud, bigamy or
otherwise, they are free from restraint.
Marriage by banns, and by the rules of Quakers is recognized;
living as husband and wife is not ; marriage by mutual agreement
in presence of witnesses does not constitute a legal marriage.
Marriage Legitimizes all children born of the same pai*ents be-
fore wedlock and after. Children or a child born before marriage
must take the fathers name and be recognized by baptism and sup-
port as the child or children of the father.
Marriage is a Civil Contract, but ranks under divine law as
well as the state law.
MARniAOE LAWS. 185
Florida. — Marriage licenses are required under the laws of
the state.
Ages of Consent : — Males 14, females 12 ; both of tbe contract-
ing parties must have their father's consent to and a joint application
(of at least one of them) in obtaining tbe license. Without consent
both must be 21 years of age.
Voidable jNlARniAGEs:— All persons within the Lnvitical degrees
bigamous or negro blood ; all these are prohibited under the mar-
riage license code.
Living AS Man and Wife does not bj' limitation of time or com-
mon assumption of marital relations, legalize apart from the re-
(piirements of tbe status of church and state laws, a marriage. It is
fornication and living in adultery, and every child born under such
relations is deemed to be illegitimate in heirship claims. (See
Wills.)
Illinois. — A marriage license is rcquiied. except where the in-
tention of the parties as hereinafter provided, is by the discipline of
their society or denomination published in the forms of their society.
The Clerk of Each County is the person who issues them ;
the fee is $1. For issuing them contrary to the law, he makes him-
self liable to a fine of $300 for each ott'ense.
Males 18 Yeaks of Aoe and ujiwards to 21 ; females 14 years
and upwards to 18; must have the consent of their father, ( if living
and capable ) if not living or capable, then the mother or the guar-
dian, as the case may be, of either, before a license can be procured.
Who are Qualified to Solemnize Mahriaoes: — All ministers'
priests, elders, bishojis, deacons of every denomination, if by the
government of their body authorized ; every justice of the peace
and judge of any court of record; superintendent of any public
institution for the education of deaf and dumb in this State ; per-
sons known as members of the society of (Quakers or Friends, may
lawfully marry by having the parties declare their intentions to a
standing committee of an official meeting, at least one week before,
and appearing in public or private gathering before official witness,
es of said body, with a certificate duly setting forth the names and
18
186 READY REFERENCE MANUAL.
residences of eacb contracting party, and of the parents of each, if
living, which said certificate shall be signed by the parties and the
official witnesses, and shall be publicly read by one of the witness-
ing parties and afterwards recorded on the records of an organized
meeting of said society.
Marriage Legalizes all children born in wedlock, and the "Bas-
tardy Act" provides as follows: — "If mother of bastard child, and
reputed father, shall at any time after its birth intermarry, the child
shall in all respects be deemed and held legitimate." Whites are
not restricted from marriage with blacks.
Registration, by the party performing marriage ceremony, by a
certificate, must be filed with the license (if a license lias been used)
with the county clerk in the county wherein the marriage was cele-
brated.
Living Together as Husband and Wife does not constitute a
marriage; but if their was such an agreement consummated in writing
entered into, at common law it would be held valid. Marriage is a
civil contract in Illinois.
Marriage Between Degrees prohibited by law (Cousins of first
degree included) are void.
Indiana. — Males 18 years of age and females IG years, can
lawfully enter the marriage contract, but cannot obtain a license
without the consent of parents or guardians. If either party has
one-eighth more than half colored blood, such person cannot marry
a white. Judges of courts of record, justices of the peace, and
ministers of the gospel, and priests of all denominations, can solem-
nize marriages. Licenses must be obtained from the clerk of the
Circuit Court (except members of the Society of Friends) of the
county in which the female resides. Males under 21 and females
under 18 cannot without consent of parents or guardians secure a
license, except if the female has no parents or guardians within the
state, and has been a resident of the county for one month previous
and is over the age of 16. If a female is pregnant at time of mar-
riage, the marriage legitimizes the offspring. All marriages must
be recorded with the certificate of the person solemnizing it, and the
license with the clerk of the Circuit Court within three months
thereafter. A penalty of a fine of $500 can be imijosed l)y law for
MARRIAGE LAWS. 187
unlawfully Bolemuiziiig any niarriapfe. A fine of $20 can be itni)OHe(l
upon the clerk for issuing a license conti'ary to the provisions of the
statute.
Iowa. — Males of the age of 16 years and females 14, can enter
marriage, but cannot obtain a marriage license without the consent
of parents or guardians until they arrive at their lawful majority.
Licienses must be obtained from the clerk of the County Court.
All ministers and priests ordained as such in their form of denom-
ination, mayors, justic^esof the peace, and judges of all the courts
can perform the marriage ceremony. Living together as man and
wife, constitutes a marriage. Voluntary agi'eement to join in mar-
riage in the presence of witnesses is recognized as legal. Marriages
must be recorded within three months.
Idaho. — No marriage license required ; the custom is to file a
notice in the county or city recorder's office one week previous,
and obtain a certificate from such city or county clerk of such
notice ; this takes the place of a license.
Ages of Consent: — Male 18, female IG. The same ages without
consent.
Prohibited Deouees. — Same as Alabama and also in other re-
spects.
Kansas. — A marriage license is required by this State. Age
of parlies are not specially fixed by statute for matrimonial pur-
poses. Probate judges, however, are accustomed to require consent
of parent or guardian in case of minors, before granting a license.
Who can Solemnize Marhiaoes: — Any judge, justice of the peace
or licensed preacher of the gospel ; forms of marriage common
among Friends and Quakers ; being called three times in banns, by
the Roman Catholic church, arc also valid.
Living Tooether as Husband and Wife openly in co habition
and repute, is not provided for by statute; it has been sustained by
the courts as legal maiTiage.
Marriage Legitimizes all children born thereafter, during wed-
lock.
188 READY REFERENCE MANUAL.
MuTDAL Agreements in inarriages before witnesseB or in writ
ing, are not provided for by statute, but have been recognized by
the courts as legal.
REfiiHTRATioN Lawb are a perfect nullity ; there is a board called
the State Board of Health, whoso duty it is to see that the registra-
tions of births, deaths and marriages are made, but as there is no
penalty attached and the present legislature has refused to amend
the laws and to make a grant for its maintenance, it is about obso-
lete.
The Mariuaoe of First Cousins is forbidden by law. Mar-
riages between whites and blacks are lawful.
Kentucky. — Marriage licenses are required. No male or
female can be capable of entering into wedlock, and participate in
marital relations, unless they are 21 years of age and have obtained
a marriage license from the clerk of the county court wherein their
marriage was solemnized, except and provided that they are of the
age of consent, namely, male 14 and female 12, and that the father
of the female, or if he is incapable, then the mother or guardian,
shall join in the application for such license and be present at the
marriage ceremony.
Prohibited Degrees: — Ancestors, decendants, brothers, sisters,
nephews, nieces.
Voidable Marriages: — All bigamous, insane, idiotic, and mar-
riages to negroes.
LiviN(4 as Man and Wife does not constitute a civil marriage
between them and the public, but at law and in property they par-
take of a legal status, by implication. IVIarriages must be recorded
within 90 days thereafter.
IiOuisiana. — The laws of the state require a license. Males
of 14 and up to 21, and females of 12 and up to 18, can marry only
with their parents' or guardian's consent in obtaining the license.
Ordainkd Ministers and forms according to any religious de-
nominations, and magistrates are the only duly authorized and legal
forms of marriage.
No Child Born withiH four months after marriage is of lawful
birth.
MAltKIAUE LAWH. 189
LiviN<i AS Hdsbanu and Wike does not couHtitute a lawful niar-
riuge. There ib ii penalty uuder the ''oilos of the htato calk'd
" Public Adultry Act," that puuiuLcH all pcisous living in iiou-com-
pliaucu with the laws.
No Mutual Agiieements or vows outsiilo of the regular law of
marriage provided for, to bo procured through liceuHe from the
state, and solemnized by a duly authorized [lersou, is valid in law.
Maruiaoe is a Divine contract and cannot be celebrated apiut
from the sacred ordinances.
Ueqistuation: — Outside of the city of New Orleans there is no
registration uuder the laws of the state. 'J'he church parishes are
always particular in having them recorded in their church records.
Montana. — There is no marriage license exacted by the Ter-
ritory or any particular form beyond the ceremony being performed
by a clergyman, justice of the peace, judge of probate court or an
United States Circuit or District Judge. When marriage is per-
formed a certificate is granted to the parties and one tiled with the
clerk of the court.
Lawful Ages : — Male 21, female 18. There is no provision for
marriage under these ages.
PuouiuiTEu Peusons are the same as Alabama, but first cousins
are included.
Missouri. — The laws of the State recpiires a marriage license;
the clerk of the county court issues them; the fee is $1.
Acjifis THAT Persons can Contract, males 15 years and females
12 years, when the father of either consents; without the con-
sent of parents, males 21, females 18.
Marriauk cax UK SoLKMNi/.Ki) by any judge of a court of
record, justice of the peace, and any licensed ordained minister of
the gospel, or such modes or by such persons, as any acknowledged
religious l)ody authorize and prescribe.
Marriage will Leoalize a child born of the same parents
before marriage or within such period after marriage as would de-
cide its illegitimacy, if the husband acknowledges the child as his
offspring.
190 HEADY BEFERENOE MANUAL.
Living Touether AsIIusitAND and Wife Valid witliuiit CLTfiiiony,
if compett'iit in other rcHpects; this is the decision laid down l)y the
Su])L'rior Court of Missouri.
Mauriaqe 18 A Civil Contract under the laws of this State.
Reoistration : — Every niarriuLje certificate acconiiianied with the
license, shall ho recorded within three months after the marriage
having been performed.
No Penalty is provided for violation of the laws.
"Whites are Prohidited from marrying blacks; first degree of
cousins cannot intermarry.
Evidence of Marriaob: — (1) An ordained minister or priest,
rabbi, justice of the peace, judge of State or U. S. Court's certifi-
cate of marriage; (2) A court record of license; {ii) Eye witnesses
to the marriage; (4) 'Neighlmrs and intimate friends' testimony as
to their living in common repute as married and assuming full mar-
ital relations,
Mississippi. — I'here is a marriage license recpiired by the
laws of the State, the same as in Alabama.
Lawful aoes of CArAmi.iTY: — Males 14, females 12 can marry
by consent of their parents in obtaining a license, and being present
at the marriage celebration, and making no objection. Males being
21 and 7''ema/es 18 are of full age and if otherwise not prohibited,
can act of their own free will.
Prohirited Dkorees the same as in Alabama. Void marriages
same as California.
Massachusetts. — Persons living together as man and wife if
otherwise competent to enter marriage, the law regards it as lawful.
Males of the age of 16 and females of 12 can, with consent of their
parents or guardians file their intention with the clerks of the town
or city where the marriage is going to be celebrated and lawfully
marry, otherwise they must be of lawful age; all ministers of the
gospel, priests and rabbis, justices of the peace and mayors can
perform the marriage ceremony; no license is exacted, but the in-
tention of the contracting parties to enter marriage must be filed
with the town or city clerk at least seven days prior to the marriage
MARHIAOE LAWS. 191
being coiisiimiiiaU'd. Parties hy mutiial Jigreement and filing of
thv'ir intention as aforesaid, without any ceremony can, if no legal
impediment, lawfully contract. Marriage of a female in state of
pregnancy, makes her issue lawful. Males are of full age at 21 and
females at 18.
Maine. — All ministers of the gospel, priests and otlier persons
holding licenses from the government, can lawfully solemnize mar-
riage; males 14 and females 12 years of age are capable to enter
marriage; the parties must file five days previous to marriage, a
notice of their intention with the clerk of the village, town or city,
and obtain from him a certificate of same, wliich must be presented
to the person ofticiating at the marriage; the person performing the
marriage must record the same with the clerk as aforesaid by the
15th of the succeeding month. The marriage of a female in preg-
nancy, and known to the liusband, legalizes the child. Marriages
by mutual agreeiuent are uidawful. Persons living together with-
out some form of marriage are liable to be punished by law as a
State's offence.
Michigan. — JMiU-riage license is required; age of consent of a
male 18, a female 16 ; no license can be obtained apart from the
con.sent of a father if living and capable or a guardian or mother
of the female at this age or under full age. Full age of male 2\
female 18.
Every Ohdained jMinisteu, magistrate, judge and justice of
the State and U. S. Courts, can solemnize marriages.
Living as Man and Wife or mutual agreements without cere-
mony, are not recognized by law, but the courts would hold a civil
contract made by them binding, under such evidence of living and
co-habiting as husband and wife.
MakuiXge Within the PBoniiiiTEU Deguees of the Episcopal
church are held to be void; marriage of a bigamist is punishable by
life servitude in State's prison. Marriage legitimizes all children
born under wedlock.
Maryland. — Marriage licenses must be procured unless the
names of the parties intending to be married shall be thrice pub-
192 * HEADY UEFEICKNCE MANUAL.
I'lHlird ill some cliurcli in the ciMiiity wliciv thu wuiiiiiii ri'sidi-s, on
tlii't'f si'Vi'ial SuinliiyH profCMliiiij; .said iiiariiagt', or uiiIuks thvy iiiai-
ry according to thu rites of tlie Society of QiiakerH. — Code Ib7w,
Art. 61, Sec. 6.
I>v Whom Iksukd: — In lialtiniore City the license is issued by the
cK'rk of (Joininon I'leas; in tlie State outside of Baltimore, Ity the
clerk of the Circuit Court of tlie county in which the woman rc-
siik's. The fee is Jjil. — Code 1H7!^, Art. 51, Sec. 7, amended by act
of IHHH.
A«Ks oi' Cai-aihiitv : — A male Itetween 21 and 14 years of age
or a femalq between 10 and I'J, can marry with such consent as the
issuer of the marriage license reijuires, from the parents of either,
or guardians, as the case may be; over this age they reciuire no con-
sent.— Code 1H7N, Art. 7-2, See. 111.
MiNisTKUS OK TiiK (4o8i'iii, OuDAiNEU Call oiily solemiii/.c mar-
riages, apart fn^iii the (Quaker customs.
TiiK ^Iauiuagk oi- a Whitk and Black aue I'uommTKLj an
Indian and a white may marry.
All Chilorkn ok Any Child born in wedlock are in the eyes
of the law legitimate.
Living as IIushand anu AVike does not constitute a lawful
marriage; a ceremony is necessary. — ;{5 Md., 361.
Penalties irNi)Eu;ritE Statutes : — Unlawfully j)erformiiig a
marriage between parties within the degree (ancestors, descendants,
Itrothers, sisters, nephews, nieces), are liable to a fine of |500 each,
and the minister in like amount. Marrying without a license or
publication of banns, $100 each, and minister $100. Marrying a
white and a black, the minister $100 tine. For marrying men under
21 or women under 10 without sealed assent of jiarents or guardi-
ans, minister liable to a fine of $1500. Any unauthorized person
celebrating marriage can be fined $500. — See Code 187H, Art. 72,
Sees. 3 to 103 inclusive.
Minnesota. — Marriage license is re<iuired.
Lawi'ul Aoe of Consent : — Male 18, female 16. Without con-
sent — male 21, female 18.
MAUIllAUE LAW8. 193
Samk ah MiHHouKi, I'xcept that living toj^ethiT :ih niiiii ami wife
dooH not constitute a marriage in law.
PitoiiimTEi) Deokeks : — Tiie Haine aH Alaliania, l»ut that void
marriages does not include negroes, but pruhibitH tlie marriage of
first degree couHins.
New Jersey.— There is no license rcfjuired in tliis State.
Mali's and females of lull majority (•_'! and IS) witli(»ut any
consent, are capable of marriage, if not otherwise unfit; marriages of
females not older than 1*J and males IH, must obtain the consent
and be married in the presence of the parents or guardians of
either.
Who Can Solemnize: — Judges of any court of common pleas;
justices of the jteace; mayor of a city, and every stated and or-
daiiu'd minister and priest, and every religious society according to
the rules of such society.
Whites and Blacics can intermarry as lawfully as others.
All Children born in wedlock are legitimate.
No Penalty for improper persons attempting to perform the
marriage ceremony; the marriage is 8imi>ly void.
LiviNo AS Husband and Wife constitutes lawful marriage when
they by re])eated acknowledgments of marital relations to the world
admit of their conjugality.
Makriaoe is a Civil Contract, which may be entered into only
by the persons, to- wit:
1. Must be willing to contract.
2. Must be free from previous marriage, by death or divorce-
ment of previous husband or wife (as the case may be).
;j. Must not be related by blood or marriage witliin certain
degrees (such as first cousins).
4. Must be sane and within the ages and under tlie regula-
tions hereinbefore mentioned.
Clergymen or Others solemnizing marriages between parties
that are under age, without consent of and in the presence of pa-
rents or guardians, as mentioned in the first paragraph, are liable
to a fine of $300.
194 HEADY UKFEUENCE MANUAL.
New Hampshire. — Tin- State n.-ijuiri'H a licensf, iiixl the
<-l('rk of till" Cuiuity C(»urt isHUCH the Kauu'; the fee i.s ♦L.'iO.
Lawfdi- Aoes ok C'onbknt. — Malt'H 14, fcinah'H 12. Withnut coii-
Huiit — maleH 21, fcinak'B 18.
M1NI8TEKS OK THE GoHi'Ei., juKticcH of tlu' jicacc, aiuT every judj^e
of the United States Court and tlie State CuurtH, can 8uleiiini/e
marriages,
LiviN(i AH HtJHiiAM AND WiKE to tile World, Constitutes a riglit
of coniinunity at civil law, hut otherwise illegal.
Ali, Children born in wedlock are regard.ed as lawful in heir-
Hhip clainiH.
New York. — The state exacts no license.
Every Mai-e, not proliibited hy other disability, of is years
of age, and every female of 10 years can without consent of par-
ents or guardians, enter the marriage contract.
IMauiuaoe is a Civil Contract and any stipulated ceremony
is not prescribed by law to constitute a legal marriage; the simple
consent and taking each other for husband and wife in the pres-
ence of witnesses and registering the same with the town clerk or
local board of health, is sulhcient. TAviiiy as inttii and wi/e and
holding out to the world as such, constitutes a lawful marriage.
77ie law does not restrict the age of either in cases recpiiring the
consent of the parents or guardians.
Maukiagks may he Solemnized by the following, for better
registration, but not any. more legal: — Ministers of the gospel of
any denomination; priests and rabbis; justices of the peace; may-
ors, recorders and aldermen of cities; judges of all the courts, and
justices of all superior courts.
WinTE.s ARE NOT PuoiiiKiTEi) ill luaniage with Indians, Mon-
golians or blacks. Degrees prohibited are: Ancestors^ descen-
dants, brothers and sisters.
Mauiuaue uxdkr Wedlock does not always legitimize every
child or the children born therein; unnatural births by law, are a
question for medical testimony'- to prove to the satisfaction of the
court, along with evidence of the time of marriage. Any child
MAUIIIAOE LAWS. 195
liorii out (»1 wt'dlork is ilK-<;itiiitato, ami ii<i act of tin- fallu r or
iiiotliiT «;aii r»'<;aiii its rii^lits of lawful licirship, if a <iui'stioii of
property i« involvetl.
North Oarolina. — A marriage licnse is re(piiri'«l; the aj^cs
of consent, male Iti, female 14; without c<<nHent, male L' I, female
21.
Void MAuniAciKS: — Prohihited degrees, ])igamoiis, under ag«'
of consent, insane when married, physically incompetent, white
with Indian and negru with In<lian.
MAKKiA<iK legitimizes all children horn under wedlock, and
every child of the same father and motlu'r, and acknowledged as
such by bearing the father's name and being supported by him, af-
ter marriage of the same i)ersons.
Ministers, Piuksts and all ordained or authorized teachers or
jtersoiiH belonging to any religious body or society, according to
their usages, can solemnize marriages. .lustict's of the peace can
by commission, judges of the courts can without commission, by
virtue of their office.
Ohio. — The State exacts a marriage license; it is issued by the
probate judge; the fee is 75 cents. The publication of banns three
times in the Roman Catholic church is cfpiivaleiit to a marriage
license.
Officials who cax Solemnize marriages, are :• Priests,
preachers and justices of the peace.
Lawful Ages of capability of males are L'l, an<l females, is;
when licenses are obtained by the approval and (tonsent of the
parents or guardians, males 18, females IG. First «tousins are un-
(]ualitied by statute to join in marriage.
Whites and Blacks can unite in marriage, if not otherwise
disipialitied.
Makuiage is a civil contract under the laws of this common-
wealth.
Living as Man and Wife constitutes a h'gal marriage. The
law recognizes all children born under wedlock as lawful.
lUO UEADY llEFEUENCE MANUAL.
Rk(;istuati(»n of all Mi.arriages by the persons sok'iiiniziiiLj
tlieni must be witliiii three months roconled with the elerk of the
probate.
A PjiNAi/i'Y of $5U0 line can be imposed upon any person sol-
emnizing marriages contrary to the statutes.
Oregon. — Marriage license is recjuired by the State laws.
JNIales at tlie age of IS, and females at 15, may with consent enter
the marriage contract. Without consent, males at the age of 2\,
ami feniaLs at 18.
iMAUKiA(iKS between whites and Mongolians are void.
Living TociKriiicu as Man and Wii-k is illegal aiid in no way
recognized in civil or other claims allected by the same.
Pennsylvania. — The legality of the proposed marriage
must be verified by oath of one or both contracting parties, before
the clerk of the court, or before any magistrate, alderman, or jus-
tice of the peace of the township, ward or county wherein either of
the contracting parties resides and in the county where the license
is desired; said last named otlicer is authorized to inquire of the
parties touching the legality of their contem})lated marriage, and
the inquiries and answers to be subscribed and sworn to by the
parties before such officer, m.ay be forwarded to the clerk of the
court who if satisfied that the same is genuine and that no legal
objection exists shall grant a license; if any of the persons intend-
ing to marry shall be under twenty-one years of age, the consent of
their parents or guardians shall be personally given before said
clerk, or a certified permit under the hand of such parent or guar-
dian, attested by two adult witnesses, and the signature of such
parent or guardian shall be acknowledged before a notary public,
or other officer competent under the law to receive acknowledg-
ments, which certificate and oath shall be filed on record in said
office and entry of same shall be made on the marriage license
docket as part of the record of the issuing of said license.
Rhode Island. — Any ordained minister or elder of any de-
nomination, who shall be domiciled in this State, and either justice
of the Supreme Court, may join persons in marriage in a town in
MARRIAGE LAWS, 107
the State. (It will be noted that clcrcfymen are confined to their
own state, and that clergymen, not residents, cannot solemnize mar-
riages.)
Wakdkns can only in the town of New Shorehani solemnize
marriages; they cannot elsewhere in the State.
IMlst Puovidk a Ceutii'icatk. Every minister, elder, magis-
trate or warden who shall solemnize marriage between persons shall
require a certificate j)roper]y executed and signed by the town or
city clerk of the town or city in which each of such persons shall
respectively reside, and if not residents of the state, then from the
town or city clerk or registrar of the town or city in which the
marriage shall be solemnized, to the effect that the said town or
city clerk or registrar has duly recorded the intention of marriage
between tlie p'vrties named in the certificate, the said certificate
also setting ^orth the names and surnames of the parties, the age,
color, occuj ation, birthplace, and residence of each, whether either
or both have been before married, and, if before married, whether
the marriage intended is the first, second, third or other marriage,
and also whether the condition of either or both persons previously
married is that of a divorced person; and the names, occupation
and birthplace of each of their parents; and no town or city clerk
or city registrar shall issue such certificate to any minor or person
under guardiat'.ship, unless the consent in writing of tlie parent or
guardian shall have first been obtained thereto; provided, however,
such certificate may be issued to a female over eighteen years of
age, who has no parent or guardian living in the United States.
('riu' legal Tuinority of both sexes terminates at 21 years.)
Society of Friends, an<l every person authorized to join per-
sons in marriage, must make the registration before the second
Monday of every month, of all marriages solemnized by them, where,
when and at what time, with the town or city clerk within the
county where solemnized.
Lawkul Oimkctioxs, presented in writing, will stay all rights
of marriage until removed.
Penalty of six months' imprisonment is infiicted by the courts
for any person who solemnizes marriages contrary to the aforesaid
198 READY REFERENCE MANUAL.
provisioiiH. The participants are subject to a fine of $50 eacii for
violation of tlio laws in any way.
Witnesses : — There must he two; Quakers, Jews and every-
one liave to comjtly with the law. A white can marry a black.
Marriaufc is not a civil contract. All cliildrcn ])orn in wedlock are
lawful.
South Carolina. — There is no marriage license required; the
regulations followed are the same as in the State of jMassachusetts.
AoE OF Capability of entering the marriage contract is as fol-
lows: Males 14, females 12, with the consent of parents in obtain-
ing license and their presence at the ceremony; without consent,
th(^ ages are fixed at 21 and 18, but in all other matters the female
does not attain her majority until she is 21.
Marriages of Whites to negroes or Indians are void.
Marriage is a Divine as well as Civil contract, and all mar-
riages notconforining to the laws of the State and the chunOi or de-
nomination they are members of, are not recognized other than liv-
ing in fornication.
Tennessee. — A marriage license is required by law. The age
of consent of girls is 12, tlie age of boys 14. The marriage cere-
mon}' may l)e performed by any regular minister of the gospel, rab-
bi having the care of souls, any justice of the peace, mayor, judge
or chancellor of the courts.
Living Together as man and wife does not constitute a lawful
marriage, though where civil rights are involved it raises very
strong presumption of marriage. Marriages according to these
customs, during slavery, were valid. The marriage legalizes all
children born in wedlock, but does not extend to children born (even
by the same parents) prior to marriage.
Voluntary Marriage Without Ceremony is not leg,al; the law
comjtels everyone to celebrate the marriage nu))tials in the presence
of competent witnesses, and through some one of the oflicials here-
irdjcfore named. A marriage between a white woman and a col-
ored person is unlawful.
No General Law op Registration is in force within the State;
MARRIAGE LAWS. 190
but the person who solemiiizos a marriaufc, makes a rojini on the
back to the county clerk, according to local regulations, as pro-
scribed by municipal by-laws.
Texas. — A license is reipiired by the laws of the State; the
clerk of the County Court issues tlie same; the fee is $1.50.
Lawful Age without the consent of parents or guardians, is
males 21, females 18 ; with consent of the parents of either or guar-
dian (as the case may be), males IM, females 14.
Whites Cannot Intehmarhy with blacks or Indians.
Who Can Solemnize marriages : — District and county judges,
justices of the peace, and all religious denominations, in the form
and under the discipline of their church or society rules.
All Children born in wedlock are recognized by law as legiti-
mate.
Living Together as Man and Wife does not constitute a lawful
marriage in itself, apart from a witnessed agreement; but when en-
tered into an agreement and the same filed with the clerk of the
county in which the parties reside, is legal.
Registration of all marriages must be filed within sixty days
thereafter, along with the license and certificate of the person sol-
emnizing it.
A Penalty of a fine not exceeding ^100 or less than $10 is im-
))osed for uidawful performance of the marriage rites.
Virginia. — LaAvful age of majority of both sexes in this State
is 21; ages of consent in marriage, etc., from the age of 14 to lil in
ease of males, and from 12 to 21 for females.
A jMauri.vge License is exacted by the laws of the State ; it is
issued by the recorder in probate; the fee is !i^2.
Void Marrhgeh are those of big.uny, under age of consent, and
physically inconii)etent.
Prohibited Degrees are all closer than cousins of first degree
Persons Living in Cohibition as husband and wife without
marriage, cannot particii)ate in any rights of conjugal life.
200 READY REFERENCE MANUAL.
All Mixisters of tke Gospel and tho various forms of any rec-
ognized body or denoniinatiun, are admitted as proper compliance
with the statute.
Vermont. — Tlie statute exacts a marriage license; tlie forms
of marriage by the Society of Friends or (Quakers, and the publica-
tion of banns are allowed to be i)racticed. 'I'lic town clerk issues
them; the fee is 50 cts.
MiNoits Cannot Obtain Licenses without the consent in writing
of the father of the female, or guardian.
r»iALES ARE OF FuLL AoE at 21, and females at IM. The age of
consent of a male is It and that of a female is 12.
FinsT Cousins aue not Proiiibitld; neither is tlu' intermarriage
of racet^ prohibited; a child born before wedlock, and recognizetl
and maintained by the father after marri.age, is legitimate. A child
born out of wedlock has a legal status in respect to his mother's
separate property.
Living as Husband and Wife does not constitute' a marriage;
marriage by mutual agreement, without ceremor>y, is not re(U)gni7.ed
by law.
A I'enalty of not less than $100 or more than ^300 can be
imposed upon any ))erson pretending to be ((ii.ilitii'd to jx'rform the
marriage ceremony, or imprisonment for six months. Or a penalty
of $10 can be imposed for celebratii\g a marriage by a (iua'ifie<l
person, without a license as re(piircd by law or the p\iblication <>f
banns.
All Cleiujvmen authorized by their cliurcli edicts; all religions
sects or bodies recognized .as such according to their forms and by
the pt'rson or persons whose authority is delegated by siieh sect,
society or body; justice's of the peace and superintendents of any
benevolent or religious institution, are ((ualilicd to perform the
marriage ceremony.
W^isCOnsin. — No marriage license is reipiireil. The same
regulations as in operation in the Htiite of New Jersey.
Ages of Consent: — Male IS female 15; without consent, males
MARRIAGE LAWS. 201
21, feinalt'H 18. (After marria^o, if a female is under age by law,
she is regardcfl as of age, even if only 16 years.)
The Same as New Jersey in every other rebpect.
Wyoming Territory. — A marriage license is required; tlie
age of consent is, male 18, female 10; without consent, male 21,
female 18.
Prohibited Deobee.s: — Bigamous, insane Avhen married, force
or fraud, are void marriages.
Living as Man and Wipe does not constitute a marriage at law
civilly or otherwise; recognized as living in common adultery, and
the offspring are bastards.
Washington Territory. — The territory demands a marriage
license; males of 21 years of age and females of 18 are capable to
enter into wedlock of their own free will and accord if no legal or
natural impediment; persons of both sexes under that age cannot
without the consent and by the application jointl}"^, of one or more
of their parents on each side, or the guardians, as the case may be,
obtain a license. All regularly ordaine<l ministers or priests of any
church or denomination, by justices or judges of the District or
Probate Courts, and any justice of the peace, can solemnize mar-
riage.
Living as Husband and Wife, and holding out to the world as
such, is sutticient when considered with reference to the disposition
of their property rights, between the individuals or the children of
such living together.
Civil Agreements are not lawful; parties must declare in the
presence of two witnesses aiul before sonu' one of the before-named
qualified officials, that they take each otlier to be man and wife.
All Children, bom in wedlock, are legitimate. Whites can
marry Indians, Chinese, or negroes.
Registration. — The certificate of marriage must within
three months thereafter, by the clergyman or officer performing the
ceremony, be file<l with the probate judge of the county where the
marriage takes phice. Th»'re is no law with reference to registration
of births or deaths.
13
202 HEADY REPKUENCE MANUAL.
West Virginia. — Tlic State exacts a license; the cleik of the
County Court in eacii county issues tlieni; the lee is i!51.
The Aok ok Consent of male is 14, of female 12; hut if parties
are under aye of L'l, the consent of the father or L(u:ii'<lian, or in'
their ahsence the mother, must he ohtaine<l in |>erson or in writing,
unless the jiarties liave heen previously married, when such con-
sent is dispensed with.
TirK Auk of Maioiutv in this State of holh male and female
is21.
Chii.duen Boun of the sami' niotlier and father ) trior to mar-
riaij;o are hy the marri;i<i;e vested of lecfiliniiite hirthri<fhl.
OiFiCKRs WHO Can Solkmnizk marriai^es are as follows: Any
minister of the u^ospel who j»roves that he has heen duly licensed as
such, and is in communion with his church, may he authorized hy
the Cinruit Court of the State to solemnize the rij^ht of matrimony
in all counties, u|»on t^ivint^ a hond in ]»enalty of ijil.joo. He may
also he li(U'nsed hy the County Court, or wlu'u neither court is in
session, hy the clerk of the County Court; the fee of the clergyman
is $1. No person other than the minister licensed sliall solemnize
the right of matrimony. Marriage hetween persons helonging t<>
any religious societies which have no licensi'd minister, may solem-
nize hy the jterson, and in the manner ]»rescrihed hy, and practiced
in, any sucdi so(Mety. Every marriage in the State must he under a
license, and solemnized in the manner and under the penalty hond
hereinhefore provi<led.
WiiKUK Coi.oijKi) Pf.hsons jirior to Fehruary 2sth, ISO"), hail
agri'dl to live as hushand and wife, and were cohahiting as such,
shall he dei-med hushand and w ife hy law, hut no others.
Maruiaoe is a civil contract.
IIkoistration reijuires the clerk to keej) a record of all licenses
issued, and the minister jierfonning the ceremony is reipiired in
sixty days to make return to the clerk of the County Court the li-
cense, with the facts, under his certilication, to be recorded in a
book kept for that purpose.
MARRIAGE LAWS. 203
DOMINION OF CANADA.
Province of Ontario.— Tlie law as to the solomnization of
inarriagi's in tliis I'rovim-L' is laid down in the Revised Statutes of
Ontario, Chapter 124, wluch provides for the solemnization of a
marriage by any minister or clergyman of every church and relig-
ious denomination, duly apj-ointed or ordained according to the
rights and ceremonies of the church or denomination to which they
respectively belong, resident in Ontario; but no such minister or
clergyman shall celebrate the ceremony unless duly authorized so to
do by license under the hand and seal of the lieutenant-governor,
or by a certificate under the act, or unless the intention of the two
persons to intermarry has been proclaimed once openly and in an
audible voice either in the church, chapel or meeting-house in which
one of the parties has been in the habit of attending worship,or with
which the minister or clergyman who performs the ceremony is
connected, and in the local municipality, parish or charge where
one of the parties has for the space of fifteen days immediately pre-
ceding had his or her usual place of abode; such proclamation to be
on Sunday, immediately after the service begins, or after '• ends, or
at some intermediate part of the service.
Section 3 op the Act Provides for tlie substitution of a certi-
ficate instead of the usual marriage license. Such license or certi-
ficate shall be issued from the office of the provincial secretary, and
shall be furnished to parties requiring the same by such persons as
the lieutenant-governor in council may name for that purpose; and
unauthorized persons issuing any such license or certificate for the
solemnization of marriage, shall forfeit the sum of $100 for every
such license issued. This does not, however, apply to the case where
a deputy has been appointed, with the approval in writing of the
mayor or reeve of the city, township or incorporated village where-
in he resides, when the issuer is prevented by illness or unavoidable
accident, or temporary absence, who while so acting shall possess
the powers and privileges of the issuer appointing him.
Bekoue any such License is Issued by any issuer, or deputy
issuer, one of the parties to the intended marriage shall personally
make an affidavit, stating the county or district wherein the mar-
riage shall be solemnized; (2) that he or she believes that there is
204 READY REFERENCE MANUAL.
no attinity, consaiigiiiiiity, pro-contract, or otlmr lawful causv or
legal impudinKfMt to bar or hinder the solemnizatioji of tlio mar-
riage; (H) that one of the parties hiis for the space of fifteen days
immediately preceding the issue of the certificate or license bad his
or her usual place of abode within the county or district iu which
the marriage is to be solemnized ; or shouid the place for its sol-
emnization bo not that in which either of the partie'' has for the
space of fifteen days immediately preceding the issue of the license
or certificate had his or her usual place of abode, that the reason for
procuring the marriage to be solemnized in sucL place is not in
order to evade due publicity or for any other improper purpose.
Then, in case either party (not being a widower or widow)
is under the age of 21 years, the ailidavit shall further state that
the consent of the person whose consent to tlie marriage is required
])y law has been obtained tliereto. If there is no person having
authority to give such consent to the marriage, then upon oath
made to that efi'ect by the party re(|uiring the license or certificate,
it shall be lawful to grant a license or certificate notwithstanding
the absence of any such consent. Should the issuer have personal
knowledge or reason to suspect that the affidavit is untrue, he
shall not issue a license or certificate. The father, if living, of any
person under the the age of 21 (not being a widower or widow) or
if the father is dead, the guardian or guardians of the person so
under age, or any one of the guardians, if there are more than one;
or in case there is a mother of such minor living, and not again
married, she shall have authority to give consent in the marriage.
Every Clergyman or Minister who celebrates a marriage shall
if required at the time of the marriage by either of the parties
thereto, give a certificate of the marriage under his hand, for which
he may demand twenty-five cents from the person re<|uiring it.
Licenses are Issued by persons commissioned by the Provin-
cial secretary so to do. The fee is $2, which belongs tp the issuer
of said licenses.
Registration must in all cases be made within thirty days
thereafter, upon a form furnislied to all persons qualified.
First Cousins cannot intermarry according to the edicts of
some of the denominations, but it is not prohibited by law.
MARUIAO£ LAWS. 205
TuERii irt NO DiHTiNCTiON luadu by hiw, rt'spcctiiig the iutermar-
riiigc of ract'«.
New Brunswick. — Alalos and femak's ari! capalde of enter-
ing into the marriage contraeL at any age, eitlier with or without
consent of parents. Consolidated statutes of N. 15. Cai . 71, Soe. 7
jirovieles: "No person shall knowingly solemnize any marriage
where either party is under the age of 21 years, without the coii-
seut of the father or guardian." The infraction of the law is laid
upon the person who performs it, and as a matter of revocation or
illegality, there appears no provision making it such.
License Must be Obtained or the publication of banns. (Sec
regulations in the laws of marriage for Ontario.) The fee for the
license is $5 ; they are issued from the rroviucial secretary's oflice
as in Ontario.
Who can Officiate. Every Christian minister or teacher duly
ordained according to the rites and ceremonies of the denomination,
deemed and recognized as a duly ordained minister or teacher by
virtue of any prior ordination, and being a British subject, having
charge of a congregation in the Province or connected therewith,
may solemnize marriage by license or the publication of banns. Con.
St. Cap. 71.
An Alien Minister can perform the same by petition to the
Governor in council for the permit.
A Justice oi' tue Peace, or mayor or reeve of a village, towu>
township or city, can receive a commission to perform marriages.
Quakers are Permitted by the forms of their society to con-
summate marriages.
Marriage is a civil contract.
Living as Man and Wife cannot be recognized under the law
in any manner.
Marriage only Legitimizes the oll'spring born under wedlock
as laid down by medical jurisprudence as the natural time after
marriage.
Every Marriage must take place in the presence of at least two
witnesses, besides the person officiating the marriage, and immedi-
ately thereafter a certificate thereof shall be made and transmitted
206 READY REFERENCE MANUAL.
to tbe clerk of tho peace of the county (the Hamo being Higned l)y
the persons joined in wedlock and witnessed by the witnesseH to
tho marriage, called the bridesiuaid and groomsman) wherein the
marriage was celebrated, and he immclKitely registers certificate
in full in a book kept for that purpose.
Persons unlawfully solenmizing marriage can be convicted of
misdemeanor and iiued $500, or both in the discretion of the court.
Province of Nova Scotia. — The age of conHcnt in murriagc
is 14 in mak'H and 12 in females. If, however, they go through the
form of marriage before that age, such marriage is inchoate (begins)
and imperfect, but not void; if on arriving at the age of consent,
they co-habit or continue co-habitation previously begun, the mar-
riage is good, by reason of the subsetpient ratification of the inchoate
contract.
Neither males nor females cease to be minors for the marriage
contract, until they arrive at the full age of 21 years.
The English statute 20 Geo. II, C 33, which made consent of
parents and guardians essential to the validity of all marriages of
minors by license, di<l not .ipply to the colonies and has since been
repealed by the Imperial Parliament, 19 & 20 Vic, c. 119, sec. 17.
Pritchard p. 17.
Theue Must be a License or a notice of the marriage given
during divine service, at a place of public worship in the i)lace
where the celebrants worship, for two Sundays.
The Lieutenant-Govebnob for the Province signs and seals
marriage licenses in blank which are distributed by the Provincial
Secretary with blank bonds to persons appointed by the Governor-
in-Council to be issuers of marriage licenses and Deputy Registrars
of marriages, who are responsible for licenses issued to applicants,
on payment of a fee of $2.50 and the execution of a bond with two
suttlcient sureties.
Every Person Recognized as a duly ordained clergyman or
minister by any congregation or body of Christians within this
Province, can perform the marriage ceremony.
Evidence of Co-Habitation, for a long period of years, will be
suflScient to establish marriage or preponderating evidence of respect,
MARUIAOE I,A\VH. 207
ovf'U tlinu^'h (lividoil. I'oihoiih cannot iiiKhsifiikr l>v nmtiiiil contrnt't,
eveu tliough witnosecil, Ihonuiiriago vianh; it ib ilk'giil umlcoiitnuy
to public niorftl.s.
Ai,r- Races cuii, without hit or hiiKltuuce, if olhciwiso tupablc,
iutoruiarry.
llK(ii8'ntATU)N must bo uiiulo witli the tloputy regintrur of eveiy
iiiarriage, but tbo law docs uot limit the tiiue within which theHauio
is luado.
All Cuiluren Bukn in Wedlock are logitiiiiate. A chihl or t'liii-
dreu born previous to inarriago, has uo legal btatuH under the laws
of descent in heirship claiuis.
Province of Quebec. — A marriage licenHe ia re(iuired,uulc8S
where bauus are published; the provincial secretary issues them over
the seal and hand of the liouteiumt-goveruor ; the fee charged is $8.
Both male and female must be of the full age of 21 years, before
they can without the consent of parents or guardiuus obtain a mar-
riage license. The age of consent of a male is 14, and a feniale 12.
All minors must receive permission in writing or personal consent
of the father of either to the obtaining of a license.
Mauiuaoe Lkoalizes all children born of the same jjareuts and
acknowledged as such by the father, whether boru before or after
wedlock.
All PiuKSTS, Rkctohs, ministers, and other officers authorized
by law to keep registers of acts of civil status, are competent to sol •
emuize marriages ; but none of the officers thus authorized can be
compelled to solemnize a marriage to which any impediment exi.^t.s
according to the doctriue and belief of his religiou, and the disci-
pline of the church to which he belongs.
Registration. — {A.) Immediately after marriage {/)'.) If the
marriage is solemnized at the place of the domicile of one or the
other of the parties. If solemnized elsewhere, the person officiating
is obliged to verify and ascertain the identity of the i)arties. For
the purpose of marriage, domicile is established by a residence of six
months in the same county. {O.) The act is signed by the officer
officiating the marriage, by the partie.9 contracting, by the grooms-
man and bridesmaid, or two other competent witnesses, related or
not, who witnessed the ceremony. If any of the parties cannot
208 HEADY KEFEKENCE MANUAL.
writu ur Ki|rii the (lecliiiHtioii, ii iiicnioranduin inuHt bo luiule \o tluii
effoct. In iliis tlucltiratiuii in avi forth : (1) the day on which the
iiiairiiigu WAM Huloiiini/.e(l ; (2) the uumc>H, but iiiiiiieH, (jiiulity or oo-
ciipatioii 1111(1 (1<))iiicilu uf the particH iiiiuricd, the uhiiioh of tlie
fiithor !Ui(l mother of eiirh, or the imino of the former huHhaml or wife,
if widower or widow ; (3) whctlior tbo j»articH ure of age or iiiiiiorK;
(I) whotlier th((y wore married after tiie pubhnitiou of baiiiiH or with
a diHpeJiHatioii or HceiiHO; wlietlier it wa8 with the coiiHout of thtir
father or mother, tutor, or guardiau, or with tlie advice of a family
council, when Huch couHent or advice in required ; (5) the namoH of
witneHHOH, and if they are related or allied to the partioH, and if so,
on which side and in what degree ; (G) that there has been a protest
and if the j)roteHt was allow(!d or diHallowed.
LivjNn AH HusuANu ANiJ WuK dooH uot coustitnte a lawful n)ar-
riage.
Maiuuaoe ih a llKLioiuim C^ONTUAUT, but tho statute givoH it a
civil dfect.
I'AliT II.— CHAl*. IV.
Mitiricil wuiiiaii'M si'itaratt' i'i;^lils rcsiNi'liriK IIk' lioldin;; aiiil ili.s|N).sitii)ii of
|ir<i|N<rty, uikI li*>r liaMlitv lor la-r liii.sliaiurs ilclils, ami llir liiLshaiMls
liiiliility for licr drliLs iM-forc aii<l MU'V iiiarriaK'". i" <'it<l> Statr ati<l Ter-
ritory ill the L'liitol States, uikI tarli I'roviuct' of tin- Doiiiinioii «)f Caii-
iula.
MAltltlAOE UKIHTU.
Alabama. — All inoperly held by the wifo [>rt!viouH to the
iiiHiriii;,'!-, uv tu which hIiu luiiy becuiiio tiititlcil after iiiarriuf^u, is
tho Hdpanito ostiito of tlio wile;, mid is not Hubjoct to th«i piiyuiont t T
tht) huHbiitid'H (lobtH, which property vostH in tlm huKbaiicl as truH-
teo. Such properly may bo sold by the huhbaud um] wife, and coi'-
veyed by them jointly by iiiatrument in writing', attested by two
witnesseH.
Arkansas. — Same as Alabama.
California. — Married women can make any contracts concern-
ing their separate projjerty with their own husband or any peison
else ; and can make the same dis{)osition of her property by will or
otherwise, as her husband can with his. The separate estate of
e'LUer is not liable for the other's debts. Community property (that
is, property ac(iuired by husband and wife by their united imlustry
and saving, during marriage), is liable for debts i»f the woman be-
fore her marriage. Husband has absolute control, during lifetime,
of community property, and m.>iy dispose of same without wife's
joining in conveyance.
Colorado. — ]\Iarried women hold their separate estate, real
and personal, free from any liability or control for, or of, their hus-
bands. They can do all business the same as before their marriage.
Connecticut. — All women married before May Isl, 1877, hus-
bands have an interest in their property, for iLe use of her real es-
tate and as trustee of her personal estate, unless conveyed to her
separately, and for her own se])arate use specifically. Marriages
contracted since the 1st of May, 1877, give neither any interest in
the estate of the other while living, and each is responsible for his
210 READY IlEFEKENCE MANUAL.
or her own contracts ; for the support of the fiunily, both lue hold
liable. Married woiueu carrying on businesH may bind their hepii-
rate estate, and contracts entered into by a luarriid woman on her
personal and individual credit for the benelit of herself and family
or her joint and separate estate, will be ei' forced. By statute of
1878 all i^roperty hereaftei' conveyed to t. married woman shall be
held to bo her sole and separate use, rnd will be liable for her con-
tracts.
Dakota. — Married women can indeijendently manage, control
and dispose by will or otherwise, their separate estate both real and
personal. Her property is (■xem])t from any creditors of her hus-
band.
Delaware. — ]Married women possess full rights and control
in managing and disposing by will or otherwise of their separate
estate. They can engage in business or trade and reijuire no per
mission of their husbands. The husband assumes the antenuptial
debts of his wife.
District of Columbia. — The right of a married woman to
property held by her at the time of, or accpiired by her in any other
way than by gift or conveyance from her husband during, marriage,
is as absolute m if she were unmarried and of full age. It is not
subject to her husband's disposal nor liable for his debte, and she
may contract, sue, and be sued in respect to the same, in her own
name, as if she were unmarried. Held, that under this law the
earnings of a married woman, in trade, at service, or otherwise, are
still the property of her husband as at common law. In the ac-
knowledgment of deeds, married women must state that it is with-
out compulsion of her husband and that she fully understands its
contents.
Florida. — The separate property of a married woman is a
distinct right of her own ; but conveyances between husband and
wife are not accepted, unless for full consideration.
Georgia. — All j)roperty of the wife in possession at time of
marriage or afterwards accpiired by her, is her separate property,
and not liable for the payment of any debts, defaults or contracts of
the husband. Wife cannot bind her separate estate by any contract
MARRIAGE RIGHTS. 211
for auretj-ship, whether in behalf of her husbauil or any perKon else.
Any sale of the wife's property in payment of her husband's debts
is absolutely void. It has been held and decided that though she
was in full consent at the time of the conveyance, she can at any
time afterwards repudiate it and recover the property from any one
buying it with a knowledge of her interest.
Idaho. — The real and personal property of a married woman,
owned at the time of n)arriage by her in fee simple or afterwards
by devise or bequeath, is not subject to the control or liability of
the husband in any respect.
Illinois. — Married women may own real estate, and can sell
or manage the same to a like extent that the husband can prop-
erty belonging to him. No transfer of chattels between husband
and wife, when living together, is valid against third persons unless
in writing and duly acknowledged and recorded. Contracts and
liabilities of married women can be enforced against them the same
as if unmarried ; they may buy goods, etc, but cannot enter into
partnership or embark in business, without the consent of their
husband. Neither husband nor wife are liable for debts ante,
nuptial, but both are responsible for nc'cessaries furnished or re-
({uired for maintenance of the family. The wife has a dower in
her husband's lands, and must join in all conveyances or instru-
ments affecting the same, except a mortgage given as a part pay-
ment of purchase money.
Iowa. — A wife may receive the wages of her personal labor
and maintain an action therefor in her own name, and hold the
same in her own right ; ami she may prosecute and defend all ac-
tions at law or equity for the preservation and protection of her
rights and property, as if unmarried. Neither are liable for ante-
nuptial debts of the other, but the joint savings after marriage will
be held for their antenuptial debts. The sej^arate wages, earnings
or property or the rent or income of such property liable for the
separate debts of either. Contracts may be made by a wife and
liabilities incurred, and the same enforced against her, to the same
extent and in the same manner as if she were unmarried. The
expenses of the family, and the education of the childien are
chargeable upon the property of both husband and wife, or either
212 KEADY ItEFEltENCE MANUAL.
of thorn, uud iu lulutiou thereto they may be Hued joiutly or
Heparatoly.
Indiana. — Chap. 71, Skc. 5115. — "No lands of any married
womau shall bo liable for the dobta of her husband, but such lands
and the profits therefrom, shall be her separate property as though
she were unmarried: provided that she shall have no power to in-
cumber or convey such lands, except by deed in which her husband
shall join."
Sec. 5119. — A wife cannot enter into any contract or surety-
ship, whether as indorser or guarantor, all acts of hers in this re-
spect are void. Sec. 5125. — " The husband shall be liable for his
wife's antenuptial debts and liabilities, to the extent of the i^erson-
al property he may acquire through her, or derive from the sale or
rent of her lands or money. The wages of a married woman be-
long to her and cannot be taken for her husband's debts. Any
agreement in consideration of marriage is void.
Kansas. — Married women enjoy the same rights as to their
separate property, real and personal, as their husbands. They may
engage in business at pleasure, and be sued and sue for their own
;ontracts.
Kentucky. — Married women hold their- separate estate free
from the control or liability for debts of husband. Upon the joint
petition of husband and wife, the circuit court may empower the
wile to trade, etc., as a feme sole.
Louisiana. — Married women may hold in their own name
her marriage portion or property separately acquired or become
seized of through heirship after marriage, and such property is not
liable for her husband's debts. Mariuahe produces of right are
many under the marriage contracts, as all considerations in mar-
riage are binding ; a community of ac(]uets and gains, which are
composed of the joint earnings and acc^uisitions of husband and
wife since marriage. At the dissolution of the marriage, either by
death, divorce or legal separation, she is entitled to one-half of all
community property. All privileges of married women arising out
of the husband's use or apropriation of the wife's separate property,
in order to affect third persons, must be recorded in the office of
the recorder of mortgages. A married woman in order to make a
MARRIAOE niOIITS. 213
valid contract with a third person respecting her separate property,
must be by the approval of her husband or the judge of the county
court. When the husband pennissively allows his wife to engage
in business, she may without being empowered by him, obligate
herself in anything relating to her business, and in such case the
husband is bound also, if there exists a community of property be-
tween them.
Maine. — Married women may manage tlieir own affairs in all
respects the sr.me as their husbands or as if they were unmarried.
They may convey, and devise property, sue and bo sued, alone or
jointly with their ]u]sl)and.s. Thoii- property may be attached for
their own debts ; husbands are not liable for the antenuptial debts
of their wives, unless they assumed the paymetit of any of them af-
ter mannage, which would hold them for all her debts, (see R. S.
of Mn , Chap. 61.) Wives need not join in deeds or mortgages of
their husbands or community property.
Maryland. — Tiie property of a married woman is not liable
for her husband's debts. She may however bind her separate prop-
erty by an instrument in writing expressing such intention. When
conducting a business as a feme solo, and in that character contracts
debts, she may be hold, though she may not have entered into any
written contract, by contract implied in her act. Execution and
attachment may issue against ?ior separate property for her own
debts and where she has united with her husband, in a promise to
pay either as a joint maker or indor.ser. ]\Iarri( d women cannot go
into partnership, jiarriage lixes the liabilities of tiie wife upon the
husband, precontracted.
Massachusetts. — A married woman may hold property to
her separate use ; she may invest the rents, profits, etc., thereof,
her earnings, and whatever she has received for release of dower ;
and said property, rents, prollts, etc., is not subject to the husband's
interference or control, nor liable for his debts. She may convey
her property, make contracts, sue and be sued, as to her separate
account and may carry on any trade or business, as if she was un-
married, but the husband must join with her in real estate and other
business conveyances. A trustee may be appointed on her petition
to take charge of her estate in insolvency. The husband is not
214 READY REFERENCE MANUAL.
liable for contracts of wife doing business on her separate account,
after filing a certificate with town or city clerk setting forth her
name, l)usineBs, etc. She must also file a certificate to secure with
town or city clerk setting forth her name, business, etc , and that
she is not liable in any way for her husband's debts or business.
The wife may be sued and her separate property attached for ante-
nuptial debts ; the husband is not liable for such debts. A guar-
dian may be appointed for an insane woman having the right of
dower. A married woman whose husband has abandoned her, or
has been sent to prison, or is otherwise incapable, may be author-
ized by the courts to convey property, to make contracts, and to sue
and be sued.
Michigan. — Married women have the same rights ai;d liabil-
ities with regard to their sole jiroperty as if unmarried. In devis-
ing her pro])erty she must obtain her husband's consent, and in con-
veying or mortgaging her separate real estate, the husband must by
right of courtesy join. She can mortgage her property or go on a
bond or security for her husband's debts.
Minnesota. — All property owned by married women at time
of marriage shall continue to remain her separate property after
marriage, and she may enjoy rents and profits, and avails of her
industry, free from liabilities on account of husband's debts ; shall
be bound by her contracts, and responsible for torts committed by
her, same as if unmarried ; may make any contract which she might
make if unmarried, and shall be bound thereby, except that no con-
tract or conveyance of real estate or any interest therein, other than
mortgages on lands to secure purchase money, and leases for terms
not exceeding three years, shall be valid, unless husband joins ; no
estate by the courtesy as against purchase money mortgage given
by married women. If husband is insane she may make such con-
veyance or contract, by joining with the guardian of her husband.
No married woman liable for the debts of her husband,- or larried
man for those of his wife, entered into before or after coveiature of
man-iiige, except for necessities furnished wife and family ; no con-
veyance agreement or contract of real estate between man and wife
is valid. In all cases where creditors or purchasers in good faith
come into question, husband held to have notice of contracts and
MARRIAOK RIGHTS. 215
debts of wife, and wife notice of contracts and debts of husband, as
fully as if a party thereto. Minority of a wife does not aftect
validity of a joint deed. In cases of actions on the part of the hus-
band, that would be substantial causes for divorce, the husband
becomes silent to his rights over his wife, in any of the foregoing
privileges of conjugality.
Missouri — Married women may hold real property to their
Bolo and separate use, with or without the intervention of any person
or free from liability of her liusband's debts. All persojial property
and chos^s in action, belonging to wife at marriage, or thereafter by
gift, becjuest, inheritance, or by purchase with her separate money, or
due as wages of her labor, or which may have grown out of her per-
sonal rights, remain her separate property, and not liable in any way
for iior husband's debts. A married woman by the privity of her
husband, may carry on any trade or business, in which case the stock
and products of her earnings are absolutely her own, but on the other
hand all contracts, either by note or account, in connection there-
with, are lawful charges upon her separate estate, reserving such
exemptions as provided by law thereto belonging.
Montana. — All separate estates of married women, or earn-
ings or emoluments therefrom, brought into marriage or afterwards
accjuired, belong to her. The husband is free from all antenuptial
liabilities. All acts of the wife in writing either in behalf of her
husband or otherwise, are binding upon her, unless obtained by com-
pulsion or fraud.
Nebraska. — jNlarried women may own, devise, lease, control,
and convey their real estate, by (k'L'd or by will, in the same inan-
ner and with like effect as il' she were single. By law of June 1,
1871, and as amended February, l.sVs, the jiroperty real and per-
sonal, which any married woman may own at the time of marriage,
and the emoluments thereof, and any real, personal, or mixed prop-
erty, which shall come to her by descent, devise, gift of any person,
excepting her husband, or which she shall ac(juire by purchase or
otherwise, shall remain her sole and separate pro])ert3' •'^'"^ "***' '^^
subject to the disposal of her husband, or liable for his debts
JSIarried women, while the marriage relation exists, may bargain,
sell and convey their real and personal property, and enter into any
216 READY REFERENCE MANUAL.
contract with rcfcM'cnce to the H.aine in tho same mannor, to tlic
same extent, and witli like affects, as a married man may in relation
to his real and personal property. She may sue and lie snod, as if
unmarried; siie nni^' carry on a business or trade, on her sole and
separat(! account. If married out of tlic State, she shall, if her
liusband afterwards becomes a resident of this State, enjoy all
rights of ])roperty which six; may have acquired by the laws of any
other State, etc., or by virtue of any marriage contract or settle-
ment made out of the State.
New Hampshire. — The husband has no right or control
over his wife's property during her natural life, but as his courtesy
after her decease, and aside from courtesy and dower, the husband
has the same rights as heir to her estate, as the wife would have to
her husband's, were he dead and she living, 'i'hey cannot, how-
ever, become indorsers or surety for any person's debt, other than
their own. Husbands are not liable for antenuptial debts of their
wife, if she were under the age of her majority, and living in her
parents' home and not making her own living; Imt over her major-
ity, the marriage places all liabilities incurred by her upon the
husband.
New Jersey. — A married women can hohl property both
real and personal, since the law of 1875; she can bind herself by
contract the same as of age and unmarried, and her contracts may
be enforced against her in Ikm- own name apart from her husband;
but she cannot become an accoTnmodation indorser, guarantor, or
surety, nor is she liable on any ))romise to answer for the debt, de-
fault, or liability of any one or other person. Husbands are not
liable for antenuptial debts of their wife.
New Mexico. — Husband's creditors cannot reacli property
owned by the woman at the time of her marriage, and one-lialf
of all property accpiired after marriage, but all such property is
liable for necessities consumed by the family.
New York. — married women hold their separate property
free from the control of their husbands. Their obligations, unless
given in a business conducted by them, or for the benefit of their
separate estate, are not enforceable, unless expressly charged, at
MAHUIAOE mOHTH. 217
their privity, with the obligation. They can make power of attor-
ney, execute, acknowledge and prove deeds, as if they were of age
and unmarried.
South Carolina. — Married women can control all property
real and personal, lield at time of marriage, or that which slu- may
afterwards acquire, either by gift, grant or inherifanct', devise or
descent, without being in any manner liable for the (U'bts of her
husband She can devise, bcfpieath or dispose of the same apart
from her husband, in a lik(! manner and with like effect as if
she were unmarried. All debts of the wife before marriage, can be
sued and charged upon tlie joint ac(piirements of both. Con-
veyances, contracts or agreements, between man and wife, are re-
garded as invalid.
North Carolina. — The real and personal propeily of any
female in this State, acquired before marriage, and all projjcrty
which she may, after marriage, become entitled to, sliall be the sole
and separate i)roperty of such female, and shall not be liable for
any debts, obligations or engagements of her husband, and may be
devised or bequeathed, and with the written consent of her hus-
band, conveyed by her if she were unmarried. No woman during
coverature, unless a free tratb^r, shall be cai)able of making a con-
tract to affect her estate, real or jiersonal, without the assent
of her husband, except for family necessaries. Any notes, b ouds,
indorsations or other suretyship, for her husband or any other per-
son, or persons, are void.
Ohio. — The real and personal estate, and tlie rents ami in "
come thereof, of a married woman, are not subject to her husband's
control, or liable for his debts. The wife ciinuot deed or moitgage,
or incumber her real estate, unless her husband joins; but may
lease for a term not exceeding three vears. The extent of lethal lia-
bility of a married woman is sonu'what uncertain, but giMicraliy
speaking, she is liable at law, wheiu'ver a court of e(piily would
charge her separate estate.
Pennsylvania. — Since 1848 married women retain their real
and personal estate, whether acquired before or after marriage, as
their own separate property. It is not liable for the debts of the
14
218 READY REFEUENCE MANUAL.
liUHbiind; Ixit if ;i di'lit be contracted hy the wife tor necessities
furnished for the Hii])port of tlie family, lier property is liable after
remedy lias been exhausted ULfainst the husljand. As a general
rule a married woman can make a valid contract for the improve-
ment or mana<^('ment of her own separate estate without her hus-
band, l»ut otherwise she cannot; if credit be ^iven her, even though
<'nti;ag«'il in busiiu'ss, no remedy can-be had against her, and the
goods sold her cannot be retaken by the vendor. She cannot giv«^
a bond, but she cm mortgage; her real estate to secure a loan, to
oiu- not her hus]);ind. Her earnings however belong to lier lius-
band, and may be taken in execution by her or his creditors unless
secured to lier by proceedings according to law, and recorded
as such, to the notice of such creditors. When a married woman
clai^is property levied upon by tiie husljaixl's creditors as his, she
must show clearly to the court that she owiu'd the same at the time
of her marri.ige, or that she has since acipiired it by gift, beipiest
or inheritance, or it is the property proceeds of such acquired free-
hold or personalty. \lor husb.and must be a i)arty to all incumber-
ances and conveyances of her real estate, as to her rights and his
of devising proj)erty. See wills for the State.
Rhode Island. — Property of a married woman, secured to
her use, is not liable for her husliand's debts. She may sell her
sejiarate goods and (chattels, except furniliire, ])I;ite, and jewelry,
and any contract m;ule in regard thereto renders her separate prop-
erty li.able. She cannot by any means, carry on any trade or busi-
ness, unless her husband is insane, idiotic or civilly de.ad. Husband
is not in any manner liable for the liabilities of his wife prior to
their marri.age.
Tennessee. — Married women can hold real and personal
propert}"^ separate from their husbands, and which neither the
husband or his creditor can in an}"^ majiner by law control. The
husband is responsible for his wife's antenuptial debts '(the laws of
the State interpret the vow "for better oi' wors(> " with all its ful-
ness.)
Texas. — All property, both real and personal, of the husband
or wife, owned by him or her before marriage, and that .ac(piired
afterw.ards by gift, devise or descent, as also the increase of all
MARRIAGE RIGHTS. 210
lands thus acciiiirod, is tho separate property of her respectively,
provided tli.at the hushaiid sliall have, during marriage, the exchi-
sive control of the same. All property otherwise aeipiired during
ooveratnre, by either party, is community ])roperty and liable for
their joint debts. The husband cannot by bed and board adver-
tisement, exempt himself from the responsibility of her mainten-
ance. The separate estate of both as hereinbefore described, is
holden for the maintenance of the family, or improvements upon
the same.
Vermont. — (l) As real estate belonging to a married woman
is conveyed by joint deed of husband and wife, but she is not
bound by any covenant in such a deed, her homestead right, not
exceeding $500 in value, in real estate of husband, kept by him as
such homestead, is not affected by his deed thereof uidess slie join
in tho acknowledgement and execution of the same, except in case
of mortgage, at time of purchase, for balance of purchase money.
The rents, issues and products of her real estate, liers before mar-
riage, or becoming such during coverature by gift, grant, devise,
or irdieritance, the moneys and obligations arising from the sale
thereof, and her husband's interest, therein in her right, is exempt
during coverature from execution, attachment or trustee process of
hus])aiid's sole debts with proviso, that such annual pro(bicts are
not so exempt from his liabilities for necessaries of wife and family,
or for cultivation or improvement of such estate. She must join
in conveyance of such interests. A mechanic's lien may be charged
upon her real estate, when she assents to a contract to be enforced,
and in suit thereon she may be joined with her husband and cover-
ature is no defence. When abandoned by her husband, or when
he is in prison, the Supreme Court may authorize her to sell her
real estate, and the proceeds may be used by her durir.g his absence
for necessary support of her self and family. A chancellor may
allow the use and benefit of her real estate apart from her husband,
wherein criminal conduct and illusage would warrant a separation
or divorce. A married woman can devise her I'cal estate, or any
interest therein descendable to her apart from him. (2) As to per-
sonal projjerty, all personal rights acquired by marriage and pos-
sessed under the coverature thereof, by inheritance or distribution,
are held by her to her sole and separate use. Stocks or bonds of
220 READY RKFERENCE MANUAL.
uiiy kiiif], given by parent to daujifhtor, are, with procccilH ami <livi-
<lcii<l« thciroof, hers, if married, tiio same as sole, and are not liahh'
for the <k'htH of her huHl)and, except under the same proviso as
above in respect to annual jtroducts of lier real estate. Any mar-
ried woman whoso husband has deserteil her, or from intemperance
or otlier cause nej^lects to provide for lier or his f:imily, may in lier
own name contract and recover for the labor of herself and minor
cliildren, and upon petition to County Court may l»e vested with
ri<j[hts and liabilities of an unmarried woman. The husband sliiili
not bo liable upon such contracts made by her. When abandoneil
by her husband, or wheii he is in State prison, the Supreme Court
may autiiorize her to sell any personal estate, which shall at the
time have come into the community of them both by reason of mar-
riage and which is in the State and indisposed of by him, and the
proceeds may be used by the woman for her own and the family
maintenance. When her husband is in prison she may transact
business on her own account, and sue and be sued as if she were
unmarried. Where (rause of action accrues during his imprisonniont,
a married w()i:in can bind her husband as his agent, and also for
the necessaries he does i\ot provide.
Virginia. — By the laws of 1877, Chap. .T2n, apj)roved A])ril
4, 1877, the real and ])ersonal property of a married woman, f>wncd
at the time of her marriage, or ac(piired by her after marriage, is
not liable to the control of her husband or for his debts. Amended
by the Acts of the Legislature of 1m7H, that makes the ownership
and liability two distinct rights. Husband cannot 1)0 held fftr
his wife's antenuptial debts.
Wyoming Territory. — Married women hold their separate
real and personal property, acquired before marriage or after, and
its increase, free from control of husband and exempt from bis
debts. Can devise or bequeath, sue or be sued, and carry on trade
as if single.
Wisconsin. — Married women may sell, convey and devise
their separate estate both real and personal as single. Husband
need not join in deed of wife's separate estate ; and the wife need
not join in his deeds. The husband is not liable for his wife's an-
tenuptial debts. The wife may sue and be sued separate from her
MAltltlACK ItlGHTH. 221
LuHbtiiiil. She cHii oinbiirk in buHincHB (but not in co-piirtiierHhii))
on hw Bolo ami iiuk'ponilent iiccuuut, ami all obli^'atioiiH ini'umd
she is aluue renponHiblo for, and all ouioluiuonts thort«froiu aro
berH.
Washington Territory. — Maniotl women only hold prop
erty owned at tiuu; of marriaj^e, or acquired afterwardH by inherit-
ance, gift, beipieatb, devise or dest-eut, free and dear from her hus-
band. All other anjuired under coverature is community pioperty.
Antenuptial debts are not allowed against huKbiiud.
West Virginia. — Married women by the (Jode of 1H68, chap
ter 18(i(J, all the property real and i)orsonal, owned by a married
woman at the time of her marriage, or subse<|ueutly accpiired by
her in any way, from any person other than her husband, is her sole
and separate proi)erty, free from the control and debts of her hus-
band. She can sell, convey and devise, this property, freely as if
she were unmarried, provided that, in case of real estate her hus-
band must join in deed. A married woman cannot carry on trade or
business unless she is living separate and apart from her husband.
All the debts of the wife after she becomes of age, and prior to her
marriage, the property of the husband becomes responsible.
DOMINION OF CANADA.
Province of Ontario. — A woman married before 4th of
May, 1859, may hold property not then reduced to possession of
her husband. Page 11G3, Sec. 2, Chap. I'i.-j, 11. S. O.
Sku. ;i. — A woman married before May 4th, 1859, is liable for
the debts of her husband. All married women between 18.')9 and
1872, may hold property real only, free from the debts of her hus-
band or his control.
Sec. 4. — All married women whose marriage has been since
March 2, 1872, may hold any property free from any estate or claim
of their husbands, during her life.
Sec. 5. Amends all former clauses and acts and sots forth
that all married women previous to the passing of it (March, 1872),
can hold their separate estate free from all liability of their hus-
band.
222 HEADY uefeukn(;e manual.
M;irrit'(l womurrH property i.s lialile jointly with tlii'ir Iiiih-
biimi'H ill all uctioiiH uf tortH. Tlic porHotial ciiriiiii^M of n iiiiirrii-d
woiiiuii :u'u nut liable fur her hushaiurH (h'htH. A huHhainl Ih not
liable for any antenuptial dehts of liiH wife. See. 17, ehap. 126,
u. s. o.
Any married woman shall !>»• liable on any contract made by
her respceting her real estate, as if she were unmarried and of full
age. She can be Hued and 8ue in her own name. They can insure
their own liveB or that of their husbands, can own stocks, and
vote at all meetings, may deposit in bank and check out for her
own separate account, (^'an devise all their real and personal prop-
erty. The rights of antenuptial marriage settlements are valid.
Province of Quebec. — Married women if engaged in busi-
ness obligate themselves for all that relates to their commercial
affairs, ;ind if common, as to jtroperty with their husl)ands. bind
the latter; if separate, as to property, they must register a detrlara-
tion to that effect, unless otherwise stipulated by antenuptial con-
tract of marriage, or by a decree of the court granting separation
of property. Husband and wife marrie<l without contract of mar-
riage hold their property in common — all kinds of agreements may
be lawfully made in contracts of marriage, even those which in any
other act would be void, such as the renunciation of successions
which have not yet developed, the gift of future pr()j)erty, etc.
Married women, separated as to property from their husbands, may
own real estate, and can manage and administrate the saine inde-
pendent of their hu8l)and. She cannot sell or alienate without his
consent "in writing, or, upon his refusal, the authorization of a
judge. Husbands are liable for the debts of their wives, incurred
for the maintenance and support of the common establishment, but
not for those of a separate one, if being separated as to property,
she having voluntarily left liis domicile without legal cause. After
marriage, consorts cannot alter marriage covenants, nor confer any
benefit on each other except in the matter of life insurance.
Women attain their majority at 21 or at marriage. All marriage
covenants must be registered within thirty days of the marriage if
the husband is a trader, or within thirty days of his becoming a
trader, to avail against his creditors in the event of subsequent
insolvency.
MAititiAoi: KKiirrs. 223
Province of New Brunswick. -Murri*.! woimn. The
nal .iM.l |..r.„n,il ,,n.|,..rfy l.,.|.,i.jri„jr to u wcm.-ii, In-foiv or .•k-.tu-
iii.i,' aft.r m.ini.i^r,., ,.xc,.,,t su.-li as may Ih- n-criv...! fn„„ ju .■ ,„„.
IkiikI Willie MianiiMJ, nhall vest in hu- aii.l Ik- „w„...1 l,y Iut aw Iut
Ni'piuate i-htate, aii.l cannot he hcmzimI for her huMl.an.rs dihts, l,„t
he must j..ln in all conveyances. If uife lives separate an.l apart
''••.n.l.er husl.aml, she can dispose of it in a like manner as if un-
rn.irne.l. If wife abandon..! .,r .l.serte.l l,y hnshan.l, shall h..l.|
|.r.,p,.rty, .-arry on I.Msin,..ss, sne an.l I,e sne.i, as if unmarrie.l, an.j
the hushan.l shall have n.. interest in ..r ontrol over her property
llushan.l is liable for the antenuptial .l..l,ts, to the extent of what
personalty he becomes seize.l .»f by marriai,'e, through jier.
Province Of Nova Scotia.- All pers.,nal property ..wne.I
l»y the wife at the time of marria-.. or a.-.,uire.l afterwar.ls (unless
trusted for sole benefit) be.-om..s the property of the Inisban.). She
nmy hol.I real ..state in her own nanu-, but cannot make any dis-
|>os.ti.,n of it ..nly at her h.isban.i's privity (she must "love, honor
and obey " all the same).
PART III.— CI I AP. IV.
DIVOUOE t-AWS OF THE DIKKKUKNT STATUS IN THE INITED STATES
AND I'KOVINCKS Ol" CANAIM.
Alabama. — The <^n)uii(ls niion wITkOi a decree of divorce
can he obtained are as follows: In favor of tlie plaintiflf when the
defendant was at time of marriage, iiliysicaliy and incurahly iii-
pacitati'cl or impotent; adultery; wilful desertion for two
3 ears; imprisonment in penitentiary for at least two years or over
where seiitenire was at least for seven years; commission of crime
ai^ainst nature, before or after marriage; habitual drunkenness.
To husband, when wife was pregnant at time of marrige, and un-
known to him. To wife, for actual violence on her person. 5478
divorces have been granted by the courts since 1807 to 1880.
Arkansas. — The statute specifies no previous residence; de-
crees are granted on the following being substantially proved by
others than tlie litigants: Impotency; adultery; desertion for one
year; habitual drunkenness; when the defendant commits bigamy;
insanity; conviction for the crime of felony. 4005 decrees have
been granted from 1807 to 1880 inclusive.
Arizona. — Dissolution of the marriage vows and contracts
can be obtained after six months' residence in the territory for the
causes, namely: Adultery; wilful desertion for otie year, preced-
ing the filing of the application; habitual drunkenness; iidiuman
treatment; imprisonment for crime. 1850 divorces since its organ-
ization as a territory in 180;< to 1880 have been granted.
California. — Civil cod(! of California sets forth the causes
for which divorces from the marriage contract can be had as fol-
lows: Previous residence not provided; failure to properly pro-
vide for one year; adultery; extreme cruelty; wilful neglect of
duty; habitual intemperance in opium or other narcotics or liquids;
conviction of felony. 12,118 decrees have been granted since 1807
to 1880.
BIVOltCE LAWS. 225
Colorado. — After oiu- year's reHideiice a deeree of divorce
can be obtained for tlie following causes: Adultery; wilful deser-
tion ft)r one year next i)reeeding the tiling of the application; cruel
treatment ; non-support for one year. 3211 decrees have been
granted from 1^<G7 to 188G.
Connecticut. — 'J'hree years' residence is required for right to
apply for divorce decree, the causes by law are as follows: Wilful
desertion for three years; extreme cruelty; adultery; imprison-
ment for felony or other crime for life; seven years' absence, dur-
ing all of which time the defendant has not been lieanl from;
fraudulent contract ; habitual drunkenness; any infamous crime,
involving a violation of the conjugal duty. The statute does m)t
prohibit tin; marriage again of the same parties. ;!1U4 decrees have
bcLU issued from 18U7 to IMSO.
Dakota. — The statue provides after ninety days' residence
within the territory, divorce decrees can be secured for the follow-
ing causes : Wilful desertion for cue year immediatly preceding
the application; habitual intemperance; conviction for felony; ex-
treme cruelty ; adultery. The number of divorces giautc d since 18G7
have been computed to 188G and given at 3989.
Delaware.— The violation of the marriage vows; wilful de-
sertion for three years; inhuman treatment; habitual drunkenness;
imprisonment for felony. The statute does not provide for ))rior
residence within the state. 1945 decrees have been granted within
twenty years from 1807 to 188(i.
Georgia. — In order to obtain an absolute decree of divorce,
the cause must be tried before two juries; if the first jury finds a
bill, it is then continued over until the next term of court, and all
the evidence is submitted to a new jury and if they find the facts
to warrant a final decree, it is granted. The causes for the same are:
Violations of the marriage vows; wilful desertion for three years;
mental incapacity at the time of marriage; inhuman treatment; im-
prisonment for felony; fraudulent contract; habitual drunkenness for
two years; living three years with defendant when he ( or she) thinks
through belonging to a society, regarding the marriage relation un-
lawful. Decrees granted from 1807 to 188G, 2643.
226 UEADY REFERENCE MANUAL.
Florida.— -Divorces can be obtained where the parties have
lived one year next to the filing of the ai)j)liciitiou within the slate,
upon the ])roof of the following cauhes : Desertion for one year;
adultery; intolerable cruelty; iniprisoument for crinie; indignities
that make life burdensome. 7543 divorce decrees have been granted
from 18(57 to 188G inclusive.
Ir.iiana. — In all cases the plaiutift' must have lived within
the state for two years, ne.\.t preceding the filing of the application
for bill of divorce, when upon the proof of the following named
causes a decree will issue: Adultery; wilful desertion for two
years; nonsupport for two years, when abundantly able; impiison-
ment for felony: extreme cruelty; impotency at the time uf marriage;
habitual drunkenness. 25,11)3 divorces granted from 18(57 to 1886,
within the state.
Idaho. — A residence within the state by the i)laintift' of six
months is reipiired. Divorces can be had in cases of — fraudulent con-
tract; failure to 2)r{)vide for two years; adultery; inhuman tieatment;
wilful desertion for one year; imprisonment for crime; habitual
drunkeuuess. 10G5 decrees were granted from 18(57 to 188(5 in-
clusive.
Illinois. — A bona fide residence of one year next preceding
the application, by plaintitl' is imperative, and that no collusion be-
tween the parties existed, decrees on the following grounds can be
obtained: The Supreme Court has full jurisdiction and for adultery;
impotency at the time of marriage; attempt to take plaintiff's life;
extreme and wanton cruelty; habitual intemperance; conviction and
imprisonment for a felony; wilful desertion for two years; defend-
ant committing bigamy. The law does not prohibit marriage of the
same parties again, but would regard it as a good ground to refuse
a second application. From 18(57 to 1886 there were 36,067 de-
crees granted, being double as many as any other average state in
the Union.
Iowa. — One year's previous residence next preceding the filing
of the application for a bill is reijuired by the statute. The following
are the causes for which a decree can be had: Adultery by either
party previous to marriage, and unknown to plaintift"; conviction of
felony before marriage and unknown to plaintiff or after marriage,
DIVORCE LAWS. 227
but applicatiou must be in such case filed during the defendant's
servitude ; inhuman treatment ; wilful desertion for two years ;
habitual drunkenness. From 18(57 lo 1880, 16,5(54 bills were
granted.
Kentucky. — Divorces are granted by the district court. The
plaintiff must be a resident for one year of the state next preceding
the filing of the application. The causes must be established by
iudepeudent testimony are, viz.: Impotency or malformation such
as destroys proper marital relations ; living apart without cohabita-
tion for five years ; wilful desertion for one year ; ungovernable
temper ; condemnation for felony ; concealment from plaintill" of
any loathsome disease, existing at time of marriage or afterwards
secretly contracted by adulterous living ; force, duress or fraud in
marriage ; settled aversion caused by uniting with any leligious
society that forbids by its discipline and conduct, alter the marriage
contract, and forbids marital relations, tending to destroy all peace
and happiness ; confirmed drunkenness, of one year's duration,
thereby causing a wasting of the estate rendering non-support to
wife and family ; adultery or lewd conduct indicating inchastity
without proof of adultery.; pregnancy of wife to other than her
husband at time of marriage ; imprisonment before marriage and
unknown to plaintifi' ; the contestants can remarry again, but are
debarred from further application for second divorce ; collusion or
confession to petitions are not admitted. 10,248 decrees were
issued from 1867 to 1886.
Kansas. — The statute ro(piires plaintiflf in an action for
divorce to be an actual resident in good faith within the State for
one year previous to the filing of the petition, and a resident of the
county where the application is filed. 'I'iie grounds for divorce are
as follows: Adultery; gross neglect of duty; wilful desertion for
one year; having another lawful wife (or husband as the case may
he) living at the time of marriage; impotoncry at time of marriage;
when wife was pregnant at time of marriage, and the same to be
the progeny of illicit intercourse; habitual drunkenness; imprison-
ment for felony or other outlan<lish crimes, application need tiot
necessarily he filed during servitude. Any person having a decree
of divorce in any other state or country, and has become a resident
of the State and can effect service of divorce i»aper8 upon the de-
228 READY ItEFERENCE MANUAL.
foii<l;iiit witliiii lliis State, can obtain a divorcu valid wlii'ie the
divorci' I'loiii bed and board was granted. The nundjer of decrees
granted from IHOV to IHHO were 87G5.
Louisiana. — No decree can be liad in this State for: Habit-
ual drunkenness; inij)risoninent for feh)ny or other crime; faihire
to provide or cruel and abusive treatment or wilful or voluntary
desertion. Decrees are granted for: Adultery by spouse (all
women are called spouses and counties are called parishes in this
8late); public defamation by defendant of plaintiff; attempt of
the defendant to take the life of plaintiff. 4;i2 decrees (the lowest
in any state in the Union only Scnith Caroliiui where no divorce
court exists) granted in this State from l.s(J7 to 1880. When de-
crees are granted in this State to plaintiff and if there are any
children under age, the court orders a ct)ntiscation of any property
that defendant may possess for the maintenance of the family.
This is discn;tionary with the chancellor who presides, and is
seldom ever imposed.
Michigan. — A full divorce from the chains of wedlock can
be obtained by aj)plication of the aggrieved party, for adultery;
impotency; imprisonment for three years (pardon after divorce
does not restore conjugal rights); desertion for two years; habit-
ual drunkenness; where divorce has been obtained by tlie other
party in another state. Divorce from bed and board for a limited
time or for life may be granti'd for the following causes: Extreme
cruelty; personal violence; two years' wilful desertion; or on com-
plaint of the v\ife when husband is able to provide suitable mainte-
nance for her, and neglects so to di. Residence in the State for
one year next preceding the aj»i)licaiion, is necessary or from mar-
riage to the time of making the application, if the marriage was
made under the laws of the State. 18,433 decrees have been
granted from 1807 to 1886, within the State.
Maryland. — The court of ecpiity has sole jurisdiction. Two
years' residence within the State is recjuired in order to avail the
benefit of the statute in applications for divorce. The grounds
that the court will grant absolute decrees are as follows: Impo-
tency at time of nnirriage; any cause which renders a nuirriage
yoid by being under age, having another husbami or wife (as the
DIVORCE LAWS. 220
case may be) living; fraiuliilont contract; adultery; abandonment
iininternipted lor three years; carnal interconrse of a woman with
other tliaii her liusy)and, prior to licr marria<fe ami unknown to
liini. Se2>(iratioii nr partial divorce, without liberty to remarriage,
lies for the following causes; Cruel treatment; excessive an<l
vicious conduct; abatidonnu'nt and non-sujiport for one year. 5;!'24
decrees have been granted within the State from 18(17 to 18S(>.
Maine. — A year's previous residence by the ]>Iaintifr admits
an application to bi' made for the following ca\ises in the
divorce court: Adultery; extreme cruelty; impotency; utter de-
sertion for three years; faihire to provide and nvaintain the family,
no particular time specilied; where both parties are guilty of adul-
tery, no divorce can be obtaineil; the j^arties can both be witnesses
in their own behalf; contirmed vices or habits of beastly intoxica-
tion, causing disreputable and notorious defamation are substantial
grounds in all cases on the part of either. Tiie co\irts have issued
4.120 decrees froTu 18(57 to 188(5.
Massachusetts. — Three years' residence of the plaintiff en-
titles a right to tile a bill for divorce in any of the following
causes: Adultery; impotency; extreme cruelty; utter desertion
for three consecutive years next to iiiing of the bill of complaint;
confirmed drunkenness for at least one year next preceding the
complaint; the wife can s(>eure a decree from husband where he
wilfully neglects to provide sufticient maintenance; no decree can
be obtained, where it is shown the parties have never lived as man
and wife within the commonwealth. J)ccrees can be procured
wliere either party joins any religious society or body that by their
discipline alienates the power and sacreibiess of the marriage cove-
nants; imprisoiunent for high crimes. The defendant cannot re-
marry for two years and the?) he must receive a license from the
court. From 18(57 to 18S0 the court issued 5089 deci'ees.
Minnesota. — One year's residence, or being married within
the State, is provided by the statute. Divorce decrees are granted
for the following causes: Adultery; impotency; cruel and inhu-
man treatment; where eitlu'r party after marriage have been in\-
prisoned for any infamous <M-ime; wilful desertion of one [>arty
from the other for three years next preceding the application;
230 READY REFERENCE MANUAL.
abandonment of wife l)y liiisbantl and Iuh nct^lcct to sufficiontly
provide for her according to liis ineanw; liabitual (bunkenncss for
tlie 8j)acc of one year previous and up to tlic filing of the applica-
tion; conduct at variance witli true conjugal relations, rendering
life and lionie intolerably unliappy. V)1><i decrees have been granted
within the past 'JO years in this State.
Mississippi. — One year's actual domicile is required within
tliis State. Upon establishing to the satisf.action of the following
causes they will relieve the injured i)arty from the marriage estate:
Obstinate desertion for two years; habitual drunkenness for two
years; adultery; imprisonment; cruel treatment; violence of any
kind leaving marks of the same; impotency at time of marriage or
afterwards contracted by licentiousness; pregnancy of wife at time
of marriage, clandestinely imposed on the husband at time of mar-
riage by previous adultery. The court can make all decrees partial
or absolute asthoy deem proper. From 18(57 to 188G the courts is-
sued 3542 decrees 'vithin the state.
Missouri. — The statute makes no provision for previous res-
idence. Divorce decrees issue where any of the subuequent causes
are established:— Defendant offering such indignities as make
life intolerable; imprisonment for felony; habitual drunkeness for
one year previous to the application being tiled; adultery; absenting
without reasonable cause for the period of one year; living under
cruel and abusive treatment. All criminal causes, or adultery wdiich
are substantial causes after marriage, are equally good if proven to
have existed previous to marriage, and were clandestinely witheld
from the plaintiff, and never condoned by the injured paity in any
way. From the year 1867 to 188G the courts granted 15,278
decrees.
Moilta>Iia. — One year's residence next preceding the applica-
tion is required under the statute, The court grants relief for the
following causes : Adultery ; impotency at time of marriage ; impris-
on?nent for felony ; extreme cruelty ; wilful desertion for one year ;
habitual drunkenness. The number of decrees granted from 18G7
to 1880 in the aggregate are 3,415.
New Hampshire. — The Supreme Court has jurisdiction.
DIVORCE LAWS. 231
The causes are as follows : Joining any religious sect that believes
marriage unlawful, and refusing to cohabit six months; wilful
desertion for three j-ears next preceding the filing of the libel;
habitual drunkenness ; absenco without being heard from for a
reasonable time ; impotency at time of marriage. One year's previ-
ous residence in the State as man and wife shall be proved or no
decree can be obtained. The number of divorce bills granted from
the year 1807 to 1888 is 2943.
New Jersey. — The Superior Court has jurisdiction. Adul-
tery ; habitual desertion for three years; impotency at time of mar
riage ; intolerable cruelty for eighteen months ; and all the fraudu-
ulent causes, a7id such as come under the lawful age of understand-
ing, the court dissolves. In cises of desertion three year's prior res-
idence in the State must be shown. Habitual drunkenness, impris-
onment for felony, and gross neglect of duty, the court grants bills
of separation only.
New York. — Absolute divorce can only be obtained for one
cause, viz.: Adultery, subject to the following facts to be proven:
Where both parties were residents of the State when the offence
was committed ; where the parties were married within the State ;
where plaintifl' was resident of the State when the offense was com-
mitted and is a resident thereof when the action is conimenced, or
when the offense was committed within the State, and the injured
})arty — when the action is commenced, is a resident of the State,
Sepdrdtioii can be obtained from bed and board forever, or for a
limited time, when the following causes can be maintained: Cruel
treatment by the defendant; conduct on the part of the defendant
as may render it unsafe and imi)roper for conjugal relations to exist ;
neglect of the husband to sufficiently provide, according to his
means, for his wife and family. The paiiies to an action in these
causes must establish the following facts or no bill of separation
will be granted : Both parties are resident of the State when action
is commenced. When the parties were maimed within the State
and the plaintiff is a resident thereof, when the action is commenced.
When the parties have been married without the State, have become
residents thereof at least one year, and the plaintiff is such a resi-
dent when the action is commenced. Within twenty years from
232 READY REFERENCE MANUAL.
18(57 to 188G, the courts granted 15,35r) decrees of absolute divorces
for adultery alone ; 1H,G54 for other causes were granted bills of
separation in the same period.
Nevada. — The person filing the libel must have been a resi-
dent for six months next preceding the filing of the bill for divorce.
The causes are as follows : Willful desertion for one year; adul-
tery; cruel and abusive treatment; habitual drunkenness ; failure
to provide for one year. Within the last twenty years 1178 decrees
were granted.
Nebraska. — Six months' previous residence is required. The
causes are namely: Adultery; three years' imprisonment; wilful
abandonment for two years ; failure to provide, no time specified
under the statute. Habitual use of intoxicants ; extreme cruelty.
4341 decrees have been granted since 1867.
Ohio. — One year's residence within the State is necessary for
a plaintiff in a divorce suit. The courts of common pleas have
power to grant absolute divorces for the causes by statute expressed
as follows: That either party had a husband or wife living at the
time of the marriage fi'om which a divorce is souglit ; wilful deser-
tion for three years ; wilful fraud in marriage contract ; cruel treat-
ment; habitual drunkenness and debauchery for three yoais ;
imprisonment of either party for crime in state prison (petition
for imprisonment nmst be made while the offending party is under-
going sentence.) The procurement of divorce without the State
by husband or whereby virtue of which the party who procured it
is released from conjugal relations of the marriage, while the same
remains binding upon the other party. The number of divorces
granted from 18G7 to 1886 were 2G,3G7.
Oregon. — One year's residence previous by the applicant is
essential. The following are the grounds whereby absolute decrees
are granted : Indignities as render life burdensomp, impotency at
time of marriage, adultery, conviction for felony, habitual and gross
drunkenness, wilful desertion for a period of one year next preced-
ing the filing of the bill. The courts have granted in the last twenty
years 1689 decrees.
«
Pennsylvania. -Plaintiff must be a resident next preceding
DIVORCE LAWS. 233
the filiug of the potition, of the Conimoiiwoalth for one year. The
Suporior courts have full juriwdictiou. The causes are as follows :
The violation of the uiarriapfe covenants ; impotency, except the
contracting parties were of advanced ago at the time of marriage ;
adulterous and lewd conduct not nccepsarily required to bo jnoveu
guilty; indignities that render life burdensome; fraudulent con-
tract ; conviction of felony, and sentenced for two years in prison ;
(action in this last cause must be connnonced during the offending
party's incarceration). 1G,020 decrees have been granted within the
last twenty years.
Rhode Island. — Divorce decrees are granted when the plaiu-
tilT to the suit has been up to time of fding petition one year a resi-
dent of the State, and the proof of any of the following causes :
One year's wilful desertion without reasonable cause ; where any
marriage, is originally voidable by law, such as — consanguinity, im-
potency, idiocy, lunacy, or convicted to life servitude for felony ;
gross and malicious behavior cudang<!ring the life, and destroying
the peace and happiness of the plaintiff: failure to provide for the
maintenance of wife and family ; inhuman treatment; adultery; any
gross behavior making it unbearable and repugnant to the plaintiff
to live with defendant ; the desertion is left to the discretion of the
court, the section in the act names five years or in the discretion of
the jury ; whenever the decrees are granted for affinity, consanguin-
ity, impotency, idiocy, lunacy or crime of either parties, the wife
shall have restored to her all her lands, tenements, hereditaments,
and a judgment may be passed to restore to her all of such part of
the personal estate specifically or the valtie thereof which has come
to the husband's hands by virtue of the marriage, as the court from
the circumstances of the ease shall deem equitable.
Whenever the divorce shall be occasioned by adultery or other
of the causes aforesaid, done or committed on the part of the wife,
the husband shall hold the personal estate not secured to her by
law, forever, and her real estate not secured to herjby law, during
his natural life, in case they have had issue born alive of her body
during the marriage, otherwise during her natural life only, if he
sliall survive her. Whenever a divorce is granted for adultery or
crime on the part of the husband, the wife shall be entitled to dower
15
234 READY REFERENCE MANUAL.
in the same manner an if he were dead, unloHB the (lourt decree ali-
mony, chargabh; ujion his eBtate. Within the interval from 18G7 to
1880, .'}452 divorce decreeH have been granted within the State.
North Carolina. — The petitioner must be a rewident of the
State for two years next preceding tlio filing of the same for a di-
vorce. The following ai'e the caiises that the courts grant divorces
for: The violation of the marriage vows and covenants: Separation
is granted for imprisonment for crime, non-support, habitual drunk-
enness, wilful desertion, or any outlandish conduct on ihe part of
either, rendering the home and living a battle ground or dungeon
of miseries. JJGOi) decrees have been granted since 18G7.
South Carolina. — There is no divorce court within this
State. This is the only State in the Union that has no divorce
court. Separations are granted for ab' ut all the greater viola-
tions of the marriafjo covenants.
"O'
Tennessee. — The following are the grounds for which the
court grants divorce decrees : "Wilful desertion for two years, im-
prisonment for felony, absent and not heard from for two years,
violation of the marriage covenants, mental incapacity, refusal of
wife to remove into the State, habitual drunkenness. 24.S5 decrees
have been obtained from the year 1867 to the year 1888.
Texas. — Excessively inhuman treatment, rendering the life of
the plaintiff unbearable, adultery, impotency, imprisonment for fel-
ony, abandonment for one year ; no time specified in the statute to
be a resident of the State before application. 2073 decrees have
been procured during the last score of years.
Utah. — Wilful desertion, not living in peace and happiness,
imprisonmer j for felony, habitual drunkenness, are the causes
for which granted.
Vermont. —Both parties must have resided within the State
for one year previous to making the application for a bill of divorce,
as man and wife. Wilful desertion for three years: failure to provide
(no time specified); seven years' absence without being heard from;
imprisonment for felony; cruel and abusive treatment ; violation of
any of the covenants of the marriage contract is good and sufficient
DIVORCE LAWS. 23t
cause for divorce decree to be granted. H(543 decrees have been
granted from 18(i7 to 1888.
Virginia. — The cauHCs that divorces are granted for in this
state are as follows: Wilful desertion for five yearn; a fugitive from
justice; imprisonment for felony; acbiltory; inhuman treatment.
Previous residence is not cssentiiil. The courts have granted since
18(i7 over 2000 decrees.
West Virginia. — One year's residence next ]^receding the
fding of the application is recjuired. The causes for which a divorce
decree is obtained are as follows: Wilfid desertion for three years;
imprisonment for felony; hu'-tbaud notoriously immoral before mar-
riage, unknown to wife; adultery; impotency at the time of marriage.
Mono decrees have been granted within the last two census returns.
Wisconsin. — The Revised Staines of this state under Sec.
2350 provide that any person aggrieved for the onVnces herein
named, who has been a resident of the state for one year, may lile
an application in the following causes for a bill of absolute divorce:
Impotency at the time of marriage; adultery; either party subsc-
((uent to marriage has been guilty of felony or other crime that
they were convicted and sentenced to imprisoument for three years
or more, and no pardon granted after a divorce for that cause shall
restore that party sentenced to liis or her conjugal rights; for wil
ful desertion of defendant for the space of one year next preceding
the commencement of the action; voluntary or nmtual separation
for five years, when the treatment of the wife by the husband has
been cruel and inhuman, whether practiced by using violence or by
any other moans; when wife shall be guilty of like cruelty to her
husband or shall be given to intoxication or habitual iutempjaance
pronounced by defamation and scandidoua appearance and conduct.
Sec. 357 provides a partial divorce from bed and board forever or a
limited time for cruel treatment, wilful neglect of duty, and for un-
truthfulness and obscene language and blasphemy. The litigants
must be residents of the State for one year in the causes for partial
divorce; unless in it as well as in all causes that the marriage was
con.summated within the State, then in such case any time after the
marriage. If proof of forgiveness from plaintiff for adultery can be
shown, collusion of the parties, or that the action for divorce on
23() READY IlKFF.HKNCi: MANUAL.
tboBo groiindH Iiuh not beeu brought within three yeaiH of the of-
fence having been committed, the court will not grant a decree.
9432 decroca have been granted within the last 20 j'oars.
Washington Territory.— The violations of the marriage
covouants; habitual intcmpMaiico for two years; wilful desertion for
one year; imprisonment for felony; inhuman treatment; are sutlicient
to eBtablish, for a divorce.
Wyoming Territory.— Sec. 1571 provides that a divorce
from the bonds of matrimony may be decreed by the district court
of the county where the parties or one of them reside, on the ap-
plication of the aggrieved partj' by petition in either of the follow-
ing cases: Adultery; incompentency; conviction for felony; desertion
for one year; habitual drunkenness; extreme cruelty; neglect to pro-
vide for one year, wliich is not the outcome of poverty; intolerable
indignities. Any vicious and unnatural conduct, will when fairly es-
tablished by reputable evidence, void any marriage contract. 85G
decrees have been granted in the last 20 years.
PROVINCES OF THE DOMINION OF CANADA.
Province of Ontario. — There is no divorce court within the
province. A?i Ayreenie^it between the parties for mutual separa-
tion and discharge of each other's interest in their own property, or
the dower or courtesy, can be lawfully executed and when register-
ed, and the parties live sei^arate, and never knowingly visit, or fre-
quent the domicile or place of residence of the other during the
balance of their natural lives, the projierty both real and personal
of each partj' vests alone in them, the same as though they were
unmarried. Apjilicatiou however can be made to parliament for a
special act whereby if granted the parties are permitted to re-
marry, but it's an expensive operation and very few avail themselves
of it. Where it is regarded a great evil, the Himi)licity of the di-
vorce court in the United States, it is equally a great evil, the want
of a divorce court in this Province.
Nova Scotia. — Under an old statute of Henry VIII, divorces
can be obtained for adulter^-, cruelty, kindred within degrees pro-
hibited. The court, however, has always declined to grant a de-
nivoucR LAWS. 237
cree for other ouuhoh than mlultcry, arul relntiouHhip iiroliibited by
law. PerHoiiH cau iivail thciuHelvoH for any gooil cuhho by applying
to tUo Federal goverumout for au act of parliamout.
New Brunswick. — The same m Nova Scotio.
Northwest Territories. -No nu-unH of interfering' with the
inarria^'e contnict, nnli'SH by ai)i)lifution to the I'liriiiiiiK'nt of Can
achi for a .special act.
Manitoba. — The Han»o as Nortiiwost T(>rritories.
Prince Edward Island.— See Nova Scotiu.
Cape Breton. — See Nova Scotia.
British Columbia. — See Northwe.st Territories.
Quebec. — Same aa Noithwest Territories.
[NoTK. — The proceedings to obtain an act of Parliament for di-
vorce in Canada are as follows: Notice of application for at least
three calendar mouths must be given in th(} government official
2>ai)er, the " Ctviiulu Gazette" by the solicitors for the i^laintiff,
and a similar notice published in the uearewt publication to the
known last renidence of the defendant, and upon the opening of
Parliament next following, the cause is tried before the judicial
committee of the Senate, and if the evidence warrants the recom-
mendation of an act, it is reported to the Senate and an act passed.
The plaintiff must deposit all costs on both .sides. The hearing is
private. The bill, if granted, grants absolute separation and right
of plaintiff only, to ro-marry. — The Author.]
PART IV.— CHAP. IV.
WOMAN SUFFKAOE IN U. S.
The following is a statement of the situation in the Woniim Siif-
fratire niovenieiit in the United States on the Hrst of January, 1889 :
Women vote in Wyoming Territory on all (iuestions on the
same terms as men. They voted fur five years on the same terms
as men in Washington Territory, but the Territorial Supreme Court
in February, 1887, set aside the woman sufl'rage law on a technical
informality in the title of the act. The Legislature at its next ses-
sion re-enacted the law. It has again been declared unconstitu-
tional by the Supreme Court of the Territory, this time on the claim
that Congress did not mean to include women in the term " citi-
zens " in the enabling act.
They voted on the same terms in Utah, until excluded by the
Edmunds law, passed by the Forty-ninth Congress.
Women vote on school questions with more or less restricrtious
in fourteen States, viz: Colorado, Indiana, Kansas, Kentucky,
Massachusetts, Michigan, Minnesota, Nebraska, New Hampshire,
New Jersey, New York, Oregon, Vermont and Wisconsin ; and also
in the Territories of Arizona, Dakota, Idaho, IMontaua and Wash-
ington. At the Boston municipal election, Dec. 11, 1888, about
17,000 women voted for school oflicers.
TuEV HAVE FULL MUNICIPAL suFERAGE in Kausiis, wlicre in April,
1887, they polled 20,000 votes to G5,435 votes by men. In April,
1888, the women's vote was in about the same ratio to the men's,
the number of votes of both sexes being smaller on account of minor
importance of the officers to be chosen this year.
Women vote (by petition) on the sale of liquor in Arkansas and
Mississippi, and in Texas on choosing school officers.
In 1887, a woman's suffrage amendment to the Constitution of
Rhode Island was defeated in the State by a vote of 21,957 to 6,889;
the woman suffrage bills were defeated in the Legislatures of Mas-
WOMAN KUFFKAGE. 239
Haelmsetts, Mifhigiui, New York and Imvii. In November, 1S8S, a
bill granting to wonjen the full right of aullrage wuti defeated in
the Vermont House of Represeutatives.
In the Senate of the United Slates, 49th Congress, January 25,
a joint resolution proposing an amendment to the Consstitulion of
the United Stat<is, extending tlio right of Huffrage to women, was
defeated on the (piestion of going to a third reading, by 16 yeas, to
34 nays. All the alUrmaKve votes were cast by Eepublican Sena-
tors. All the Democratic Senators jnesent voted in the negative,
with the following llepublicanH: Ingalls, Jones of Nevada, McMil-
lan, Morrill, Sawyer, Sewell, Spooner, ^\'illiaulb and Hawley. The
jn'ohibition party, in national convention, June, 18h8, adopted a dec-
laration in favor of woman sutl'vage in its natioMil platform, as did
also the Union labor party in its national convention at Cincinnati,
May, 18S8.
WOMAN SUFi'UAOE IN UTllKH COUNTKIKS.
Canada. — Women have municipal suffrage in every province
but Prince Edward Island. In Ontario womon vote for all ofKcers
but members of the Legislatures and Parliament.
Europe. — In England, Scotland and Wales, women (unless
married) vote for all elective ofKcers but omi (member of parliament)
on like terms with men. In Ireland, women vote everywhcDe for
poor law guardians ; in Dundalk and other sea-ports, for harbor-
boards ; and in Belfast for all miuiicipal ofiicers.
In Sweden their suffrage is about the same as in England,
and they vote, too, indirectly, for members of the House of Lords.
In Russia, women, heads of hou.-^cholds, vote for all elective
'jmcers, and on all (piostious.
In Austria-Hungary, they vote (by proxy) at all elections,
including members of provincial and imperial parliaments. In
Croatia and Dalmatia they vote at local elections in person.
In Italy, widows vote for members of parliament.
In Finland, women vote for all elective officers.
240 READY REFERENCE MANUAL.
Asia. —In British Burmah women tax-payers vote in the rural
tracts.
In the Madras Presidency and the Bombay Presidency
(Hindoostau) they can do so in all municipalities.
In all the Countries of Russia-Asia, they can do so where-
ever a Russian colony settles. The Kussiana are colonizing all the
vast Asian possessions, and carry with them everywhere the "uiir"
or self yovernmout village plan, where women, heads of households,
vote.
Australasia. — Municipal woman suft'rage exists in New Zea-
land, and the Legislature has decreed that wouien shall vote for
members of parliament. jMuuicipsil suft'rage also exists in Victoria,
New South Wales, Queensland, and South Australia. The parlia-
ment of the latter has declared for women voting at parliamentary
elections.
Islands. — Iceland, in the North Atlantic, the Isle of Man, be-
tween England and Ireland, and Pitcairn Island in the South Pa-
cific, have full woman suft'rage. Tasmania, Sicily, Sardinia, nearly
300 islands around Britain, tlie islands around Australia, Tasmania
and New Zealand, and a host of islands elsewhere, have various
degrees of partial woman suft'rage.
CHAPTER V.
PART I. — fiifc liisuniiict' Hciu'lifiariiM; in what Staios of tlic LTnitcd Stales,
ami PioviiiL'cs of ('aiiada, it is cxciiipi from cri'ilitors, and imircs to tl»o
full hciiuiit of till' widosv and family. TAin' II.— Tlu; Laws of Wills;
where wills can I «' luadt' witli<mt witness, and where it re(|uir('s two,
three, four and live; where every heir must he aeknowled}.;ed hy a l»e-
((Uest, and whore every heir can he (hsinherited; where the widow takes
one-half of all |)roperty, and where she ran he cut out of all interest in
the estate of her hushand; holo}j,raiih wills: noncurative wills; where
minors can he(|ueath personal [iroperly; the traditi(Mial customs, in mak-
ing; wills, of i^)uehee and Louisiana.
TART I.— CHAP. V.
LIFE INSUIiANCt; BENEFICIARIES.
Alabama. — A life insurance for the benelit of wife anil chil-
dren is exempt from anj' debt or engagement, toits or damages
against busbaud, wheu the annual premium paid doen not exceed
$500 ; where the premium dooB exceed li^SOO, then so much as $500
will annually purchase is exempt.
Arkansas. — Life insurance, other than endowment policies,
payable to the insured himself, is exempt from all claims.
California. — Life insurance made payable to the benefit of
an estate or endowment payable to the insured, are liable for the
debts of the debtor. Insurance made payable to the benefit of the
wife and family, only what is in excess of an annual premium of
$500, can be attached by creditors.
Connecticut. — The charters of all companies in this State
provide that j^olicies made payable to heirs-at-law cannot be held
for debts of insured. Endowment policies, when payable to insured
himself at a stated period, can be held or any credit or interest
therein, in a like manner as money in a savingK bank. Foreign com-
panies doing business within the State would be held by the laws
governing them where chartered. Benefits from local benevolent
242 KEADY UEFEl'iENCE MANUAL.
societies cannot be taken in execution or Liekl for the member's debt;
it inures to the family of the deceased.
Colorado. — Life insurance wholly exempt from the liabilities
of the insured, when effected for the benefit of the family; in other
respects the general law exists.
Dakota. — There is no express provision in the codes of the
Territory, but the attorney-general is of the opinion it is wholly
exemjjt when payable for the benefit of others.
Delaware. — Same as Maryland.
District of Columbia. — Same as Maryland.
Florida. — Life insurance purchased while solvent, and pay-
able to the benefit of the family in case ef death or otherwise, is
exempt from the claims of insured's creditors ; otherwise it is the
same as any other property.
Georgia. — Life insurance payable " to the estate of the in-
sured," ranks like all other assets in the Probate Court, and conse-
quently liable for the debts of the deceased. Endowment policies
in the hands of a third party, or when payable to a third party, are
exempt; otherwise liable. All bcnoliciaries of all societies and mu-
tual protection, are wholly exempt from the claims of creditors ; the
beneficiary goes to the deceased's family.
Illinois. — Beuc'ticiaric's payable to others than the insured
are not liable in any way, so long as no fraud can be .shown in the
p;iymeiits of the premium. Insurance jiayable by^ endowment
policies are governed by the laws wlu're they are chartered to a
certain extent, otherwise the creditors of the insured; if the court
was satisfied that the money applied to the payment of the pre-
miums was conmiunity earnings between the insured and the bene-
ficiary, they would hold it for the benefit of the creditors.
Indiana. — In the case 51, Ind. 24, Ilutson vs. INIerrifield, the
court held: " A policy of life insurance is a chose in jiction, and
will vest at the death of the party holding it, in his heirs, subject
to his debts."
Iowa. — Life in.surance made i)ayable to others than insured,
LIFE INSURANCE 15ENEFI("IARIE8. 243
has never been taken in execution by creditors under any circiini-
stances. It is regarded as wliolly exempt.
Kansas. — Life insurance beneficiaries can oidy be held good
when the insured is solvent and able to pay liis preniiuins witiiout
determent to his lawful creditors. Exemptions, such as a broad
and liberal construction of a debtor's rights to his family, will, how-
ever, be commoidy allowsd.
Kentucky. — Tlie proceeds of a life policy in the hands of
named beneficiary has the legal status that any other personalty
has; that is, it is exempt when other funds would be, and liable
not to execution, but to attachment and garnishment where other
funds of debtor's purchase or investment would be.
Louisiana. — Life insurance for the benefit of the family is
exempt, and in case of endowment ])ayable to or for the benefit
of others than the insured.
Maine. — Sec. 94. Life and accident policies, and the money
due tiiereon are exempt from attachment, and from all claims of
creditors, during the life of the insured, when tlii' annual cash pre-
mium does not exceed ^150; l)ut when it exceeds that sum, and the
]»remium was paid by the debtor, his creditors have a lien on the
policies for such sum over -^1150 a year, as the debtor has paid for
two years, subject to any pledge or assignment thereof made in
good faith.
Massachusetts. — Section 73, chap. 214 of 1HS7, proviiles
that when a policy is made payable to some person else, besides
the insured, such jjcrson shall be entitled to its proceeds against
the creditors of the person efl'ecting the same. However, if fraud,
or the insured has paid out premiums contrary to the statute of
exemptions, creditors can make attachment.
Maryland. — Life insurance is not liable to execution or at-
tachment, when held or payable to other than the insured.
Minnesota. — Without fraud, life insurance made jiayable to
the benefit of wife or family, or to other than the insured, is wholly
free from the liability of a debtor.
Mississippi. — Creditors cannot by law get any lien on the
244 HEADY REFEUENCE MANUAL.
policies of iusuruuce, wheu not endowment and payable to the in-
sured.
Michigan. — Sec. 23. — It shall be lawful for auy husband to
iusuro his life for the benefit of his children, or of any one or more
of them ; and in case that any money shall become payable under
the insurance, the same shall be payable to the persons for whose
benefit the insurance was procured, his, her, or their representa-
tives, or aswigns, for his, her, or their own use and benefit, free
from all claims of creditors ; and any married woman, either in her
own name or in the name of any third party as trustee, may cause
to be insured the life of her husband, or of any other person, for
any definite period, or for the term of life, and the moneys that may
become payable on the contract of insurance shall be payable to
her, or her representatives or assigns, free from the claims of the
representatives of her husband, or of such other person insured, or
of any of his creditors ; and in any contract of insurance it shall be
lawful to provide that on the decease of the person for whose bene-
fit it is obtained, before the sum insured shall become payable, the
benefit thereof shall accrue to any person or persons designated ;
and such other person or persons shall, on the happening of such
contingency, become the lawful owners of the policy of insurance,
and entitled to enforce the same to the full extent of its terms, not-
withstanding he or she may not at the time have any such insurable
interest as would have enabled him or her or them to obtain a new
insurance. 4238, E. S. M.
Missouri. — Life insurance is not exempt, if the insured is not
solvent while investing money in it. The law provides liberally by
setting apart property exempt from creditors, without life insur-
ance, but if solvent auy money invested in it when payable io other
than insured, is exempt by law.
Montana. — Same as Missouri.
New Hampshire. — Life insurance is attachable the same as
auy other property subject only to the exemptions provided bylaw.
(See exemptions for the State.)
North Carolina. — There is provision by statute, but it would
be held under the general law as other investments, subject to the
LIFE INSURANCE liENEFICIARIES. 245
equity of claims against the bolder whether the insured or a third
party.
Nebraska. — The same as Minnesota.
New York. — Life insurance is exempt and unattaohable by
creditors, when paj-able to others than the insured.
New Jersey. — Life insurance would only by their policies be
paid to payee. Letters of administration would be taken out in
case of a person dying intestate, and insurance paid to the adminis-
trator, who would have no alternative but to apply it to the liquida-
tion of deceased's debts alike with any other property. Life in-
surance is not attachable in any other manner.
Pennsylvania. — Section 25, of the act passed in the year
1873, provides that a policy of insurance issued by any company in-
corporated under the act, on the life of any person expressed to be for
the benefit of any married woman, whether procured by herself, her
husband, or any other person, shall inure to her separate use and
benefit, and that of her children, independently of her husband or
liis creditors, or the person eftecting the same or his creditors. If
the premium is paid by any other person in order to hold as secu-
rity, they only have a lien upon the policy to the amount of premi-
ums so paid with legal interest. If the premium is paid to defraud
lawful creditors, the same is subject to all equities as any other
projierty or investments would under similar impeachment be.
Ohio. — Section 3628 provides : Any person may effect an in-
surance on his life, for the benefit of his widow or children, or of
either, for any definite period of time, or for the term of his natu-
ral life. Such insurance shall inure to the sole benefit of the party
or parties to whom it is made payable : and the sum or net amount
of insurance becoming due and payable by the terms of insurance
shall be payable for their own use and exempt from all claims by
the representatives and creditors of such person ; but the amount
of premium annually paid on such policy shall not exceed the sum
of $150, and, ir. case it does, there shall be pad to the beneficiaries
named in the policy such portion of the insurance as the sum of
vS150 will bear to the whole annual premium, and the residue to the
representatives of the deceased. Insurance, however, made payable
240 READY REFERENCE MANUAL.
to the insured's estate, would be treated as any other property he
might be possessed of, and inure to the benefit of his creditors.
Tennessee. — Same as North CaroHna.
Texas. — Life insurance under tho statutos \h wholly exempt
from iitlaciiiiient or e.xecution, when in the hands of a third party or
mad(! payable to other than the insured.
Vermont. — Life policies payable after death not specially
made j)ayable to any person, go into the estate along with all
other assets, and are accordingly distributed iii a like manner as
other assets. Policies made i)ayable to wife or certain persons can-
not be reached by trustee process or execution. Policies made pay-
able during the life of the insured and payable to him or his estate,
can be trusteed under tho general laws of trutsee process.
Virginia. — When payable to wife and family, is wholly ex-
empt from creditors. If payable to the insured or in any other
manner whereby it is an investment or payment that can be regarded
as giving to the insured an undue advantage over his creditors or
to some one of his creditors, it is subject to all the equities at law
that inure to the benefit of any insolvent's estate.
Wyoming Territory. — No statute regulating life insurance.
It do(!s not, however, come under the ordinary assignment of an in-
solvent's estate unless specially mentioned.
Wisconsin. — Nothing under the statute emi^owers creditors
to reach life insurance in any way, when payal)le to others than in-
sured, and even to his estate it inures to the full and independent
benefit of his wife and family.
Washington Territory.— See Vermont.
West Virginia.— Sec Virginia.
DOMINION OF CANADA.
Provinces of Ontario. — Life insurance moneys are liable to
be taken by creditors, unless made expressly for the benefit of wife
and children, or assigned expressly for their benefit.
Province of Quebec, Nova Scotia, New Brunswick,
British Columbia and Manitoba, are all the same as Ontario.
PART II.— CHAP. V.
WILLS.
Alabama. — All poi-HOiiH of ago and sound luind may dovise
their rvn\ oHtato by will. Any porson or corporation nmy take iindor
a will, if capable of holding real estate. All persons over 18 years
of age may lawfully betpicath personal property.
The mauriaoe of a woman revokes her will ; the marriage of a
man does not, unless a child is born, when iu such case the child
will take all except the dower of the widow, which is as follows: (1)
Upon the death of the husband the wife has an interest for life in a
certain portion of the following real estate of her husband, to which
she has not relinquished her )ight during the iuarriage ; (2) Of all
lands of which the husband was seized in fee during marriage ; {',])
Of all the lands of which another was seized in fee to his use ; ( 4 )
Of all lands to which at the time of his death, he had a perfect
ecpiitj^ having paid all the purchase money thereof. The quantity
of the dower interest is as follows : ( 1 ) When the husband dies
leaving no lineal descendants, and his estate is Jiot insolvent, his
Widow is entitled to beendowed of one-half of his lands : (2) If
in such case his estate is insolvent, to one-third thereof; (3)
AVhen there are no lineal descendants, then to one-third part thereof,
whether the estate is insolvent or not. The wife, whether residing
in this Slate or not, or whether of full age or not. may relincpiish
her dower by joining in the conveyance with her husband, or sub-
se(|uently to such conveyance by a sejiarate instrument releasing
her dower ; her signature in either case to be attested by two wit-
nesses, or be acknowledged by her before an ollicer authorized to
take such acknowledgment.'^. The wife is not entitled to dower
interest if her separate estate (Hjuals or exceeds her dower interest,
and her distributive share in hei husband's estate, estimating her
dower interest at seven years' rent thereof. If the separate estate
be less than her dower, so much must be allowed her, as, with her
separate estate would equal to her dower and distributive share in
her husband's estate. This refers to the wife's statutory estate, not
the equitable. 71 Ala. 536.
248 READY REFERENCE MANUAL.
A Deiitou is not Released by being made an executor.
A Widow may Dissent from will aiul cliiim dower iustead.
The will must be Signed by the testator or by some one in
his prosouco and upon his express direction, and must be attested
by two subscribing witnesses in the presence of the testator.
Nuncupative Wills to the value of SHOO may bo probated, but
not after six months from the making of the same, unless the words
testamentary were within six days reduced to writing and the same
made in the last sickness of deceased.
Arkansas. — Males of the full age of 21 years and females of
the full ago of 18 years, of sound disposing mind and memory can
devise and be([iieath by last will and testament all their personal and.
real estate of whatsoever kind.
Minors cannot bequeath or devise any pi-operty whatsoever.
Eveuv AVill must be Witnessed by two witnesses exce])tiiig
the nuncupative and holograph wills hereinafter described; the
witnesses must be present when the will is signed by the testator
or testatrix and at his or her request, and subscribe their names in
the presence of the maker and each other. An executor may be a
legatee, but by the provisions of the old statutes legatees are pre-
cluded from being witnesses, but this seems to be on account of
interest, and this, as a disqualificatiou,was partially removed by the
statutes of 1874. Man's Digest still regards the effect of the old
statute and interprets the making of a legatee in a will as a full bar
to his or her portion, if not a revocation of the whole will.
Aliens have the full liberty of citizens.
Mahkied "Women can dispose of their estate real or personal,
without interference of their husbands.
Marriage does not Revoke a will made by either husband or
wife. The birth of a child by the marriage does void the will.
A Testator Can Disinherit all his children, but each child
must, by their Christian names in full, be given in the will as fol-
lows : " I make no bequest or devise of any part or portion of my
real or personal estate to my son W^alter, Richard or William, or
to my daughter Sarah Ann, etc." 13ut his wife's dower he cannot
exect by any devise in lieu of it or otherwise.
WILLS. 249
Nuncupative Wills can be made by HoUlierH, ( iu active service)
sailors, and persons upon their death bed, wliereno tinieor j)ersons
qualified to draw n will is at hand, to the amount of jx-rsonalty of
$500.
Hoi,o(utAi'ir Wri.i.a bcarinpf tlio Hi<,Miaturo of tlio testator and
wholly written in his or hor writing,', l)y the identification of the
writing and the name, verified by throe witnesses, can be accepted.
Testatou Dvino Intestate, one half of his personal absolutely,
and one half of the real estate for his widows natural life benefit, is
all she takes if he has no born and living issue. If he dies testate
his widow takes tlie same aa it is the statutory dower. If a mar-
ried woman dies intestate and without issue, the husband takes all
her personal in fee but only a life use of her real estate. If Aie has
living issue and dies testate, she can exect him from everything.
Connecticut.— All persons of the age of eighteen years, and
of soujid mind may dispose of their estate by will. No will or cod-
icil will be valid to pass any estate unless it be in writing, sub-
scribed by the testator, and attested by three witnesses, each of
them subscribing in his presence.
Wills Executed Accoroino to the Laws of Foueion countries
will be eiVectual to pass estate of the testator in this State.
Devise or Bequest to a Subscribing Witness, to the husband
or wife of such subscribing witness, will be void unless the will is
otherwise legally executed or such legatee be an heir of the testator.
If, after making the will, the testator sli.ill marry, or if a child is
born to the testator and no provision is made in the will for such
contingency, such marriage or birth will operate as a revocation of
such will.
Aliens residing in the United States and sidjjects of France,
may hold and transmit lands: other non rf sident aliens may hold
and transmit lands for mining and ipiarrying purposes, but if such
lands remain without being used for such purposes for ten consecu-
tive years the title thereto will be forfeited.
Colorado. — All wills must be reduced to writing, and signed
by the maker in the presence of two witnesses and subscribed by
the witnesses in his presence and the presence of each other.
16
250 READY IlEPRURNOR MANUAL.
All M.\i,Kfl of thk Age ok Twf.nty-onk Ykaus of houiuI dispoH-
in<j iiiiiul, will will tlioir real ewtato, and all porwonH of hoiiikI iniutl
and of tli(i full aj^o of 17 years can will their porsoual property.
A Mariukd Woman can only will ono-half of her real ebtate with-
out her huHhaiid's coiinent.
A Maiuuki) Man cannot deprive his wife of luoro than oiic-half
his property by will.
It is Optionai, witif thr Widow to take under a will, or to have
one-half of her huHhand's estate!; if there are no children and no will
the Hiirviviuj,' huahaiid or wif'>, takes the whole property.
Fkmaleh aue or Aoe at eij^htoen and are then < nly fully com-
petent to devise or beejueath real estate by will.
Maiiriaoe, on the Biiith of a Child revokes all wills.
A Witness cannot accept a legacy, and a lepfacy to a witncsH is
void insomuch, but does not otherwise invalidate the instrument.
Nuncupative wills are available in law, when made in the last sick-
ness and reduced to writing within five days.
California. — iMales and females (married or unmarried) of
the full age, which is twenty one years for males and eighteen years
for females, of sound mind, can make a valid dis))Osition of their
personal and real property by their last will and testament; males
of the full age of eighteen can dispose of pcrsoniil projierty by will;
females under age caimot. Holograph wills can be established.
Married Women can dispose of their separate estates, whether
real or personal, by will in the same manner as if unmarried.
Every Will must be in AVritino and sigiu'd by the maker in
the jiresence of two witnesses, who must in tlu; presence of each
other subscribe their names as witnesses thereto (unless the maker
cannot write, in which case he or she makes a mark).
If a ]\[aukied Man dies Intestate and without issue, his widow
takes one-half of all real property he died seized of: if he dies tes-
tate and with issue, she takes one- half of all coinmnnity property
which is as follows: "All property owned by the husband or wife
before marriage and that accpiired afterwards by gift, beciuest, de-
vise or descent, with the rents, issues, and profits, is the separate
wrrr.H. 251
property of a niarrifid woman; nil oaruings and accuinulatioiiH of the
wife and her luinor children living with her and in her cuKtody,
while she is living snparate from her huHhand, in her woparato prop-
erty; all property accjuired after iiiarriago by either liiiHband or
wife during eoliahition, in conimiinity property otlier than the sep-
arate proi)erty hereinbefore excepted."
If A INfAHRiEn Woman dies Intkstate and WrrnonT Ishuk, the huH-
band if he Hurvjves her, is entitled to all conininiiiiy properly and
one half of lior separate property.
If a Testator Mariuks anh ma "Wipe Sprvives iiim, the will is
revoked uideas provision is made for the wife by antenuptial ron-
tract. The birth of a child rovoken a will made by the father or
the mother or both, unless so drawn as to provide for such child, as
a posiiibility. A will exoonted by an unmarried woman is revoked
by her subsequent marriage, and is not revived by the death of her
husband.
A AViij. RfrrsT re Filed for Prorate witliin tliirty days after the
information that the maker thereof is dead.
Probation and Administration, See Afichigan.
Dakota Territory. —Every person, including married women,
of scund mind and over eighteen years of ago, may by will (Hspose
of his or her estate, both real and personal. A will must be in
writing and subscribed at the end thereof by the maker, or some
person bo signing it at the request of the maker and in his or her
presence, and the person so signing for the maker nnist also sub-
scribe as one of the witnesses. The subscription nnist be made in
the presence of the attesting witness or be acknowledged by the
testator to have been made by him or bj' his authority along with
another witness. The testator or teslat)ix must at the time of sub-
scribing or acknowledging the .'^anie declare to the attesting wit-
nesses or witness that the same is his last will and testament. Each
of the attesting witnesses nuist be credible and having no interest
whatsoever in the devise or bequests of the will, and each of whom
must sign his name as witness at the end of the will, at the testa-
tor's request and in Ids presence, and must also subscribe their
respective places of residence.
252 READY REFERENCE MANUAL.
Descent and Dibtribution of Fropertt. If the decedent leave
a surviving liusband or wife and only one child, or the lawful issue
of one child, in equal shares to the surviving husband, wife and
child, or the issue of such child. If the decedent leave surviving
husband or wife, and more than one child living, or one child living
and the hiwful issue of others, one-third to the surviving husband
or wife, and the remainder to his children, and the lawful issue of
his (iocoased children, in ec^ual proportions. If there be no child of
the decedent living at his death, the remainder goes to all his lineal
descendants. If in the same degree of kindred they share equally,
othei'wise according to their right of representation. If the dece-
dent leaves no surviving husband or wife, but leaves issue, the whole
estate goes to such issue, if living, or in equal parts to those living,
an<l to the issue of such child or children if deceased, by right of
rejn'eseutation. If the decedent leaves no issue the estate goes in
OA[nn\ shares to the surviving husband or wife, and to the decedent's
father. If there be no father one-half goes in equal shares to the
brothers and sisters of the decedent, or their children by represen-
tation. If he leaves a mother she takes an equal share with the
brothers and sisters. If he leaves no issue, nor husband nor wife,
the estate goes to the father. No issue, or husband, or wife, nor
father or mother, then in equal shares to the brothers and sisters,
and to the children of any deceased brother or sister by right of
representation. If the mother survives she takes equal shares with
the brothers and sisters. If he leaves no issue, nor husband, nor
wife, nor father, and no brother or sister alive at the time of his
death, the estate goes to the mother in exclusion of the issue of any
of the deceased brothers and sisters. If decedent leaves surviving
husband or wife, no issue, no father nor mother, nor brother or sis-
ter, the whole estate goes to the surviving husband or wife. If
neither issue, husband, wife, father, mother, brother, sister, his
estate goes to next of kin in equal shares. If several children and
one child die, under age, not having been married, all the estate
which came to such child by inheritance descends in equal shares to
the other children of the same parent. If the decedent leaves no
husband or wife, or kindred, the estate goes to the Territory for the
support of common schools.
WILLS. 253
Aliens may take by succossion or otherwise, hold and dispose
of property, real aud personal, the same as citizens.
District of Columbia.— No will, testament, or codicil is
ell'ectual, for any purpose whatsoever, unless jjersou making the
same was at the time of its execution or acknowledgment, of sound
mind, and capable of disposing and making a valid contract. Male
persons of the full age of twenty -one years, and females of the full
age of eighteen years, may make a valid will as to interest or pstatn
in laud, tenements devisable by law or iucorporal hereditaments.
All Devisks and Bequests of lands or tenements devisable by
law, must be in writing, aud signed by ])ersuu devising the same, or
by some other person in his presence, and by his e.xpress directions,
and must be attested and subscribed, in presence of said devisor,
and four credible loUnesses.
DowEK CAN BE Baured by jointure of settlement before mar-
riage. Widow not dowable of lands of which husband was pos-
sessed, but to which he had no legal title.
Florida. — Every person of the full age of 21 years, being of
sound mind, shall have power by last will and testament, in writing,
to devise and dispose of his or her lands, tenements aud heredita-
ments, and of his or her estate, right, title and interest in the same,
in possession, remainder or revision at the time of the execution of
said will and testament ; jjrooided, that every such last will and tes-
tament shall be signed by the testator or by some one in his or her
presence, and by his or her express directions, and shall be
attested and subscribed, in the presence of the said testator or tes
tatrix, by three or more witnesses, or else it shall be utterly void
and of no cft'ect.
A married woman may dispose of her separate property, boUi
real and porsoual, by last will and testament, in the same manner as
if she were not married.
Foueigneks have the same rights as to the ownership, inherit-
ance aud disposition of property, in this State, as citizens.
Aix Puoi'EUTY means what the testator or testatrix is pos-
sessed of at the date of the execution of the last will and testa-
ment.
254 HEADY REFERENCE MANUAL.
EvEUY Heik need not be ineutioued or receive a moiety,bet'auHe
all heirs under intestate estates take share and share alike ; but by
will each legatee takes as purchaser, and none receive except those
who come within the general provisions or particular expression of
the will.
Witnesses cannot be legatees, or executors cannot act if they
have any interest by way of being partners or jointly interested in
any real or personal property of the testator or testatrix.
Pii0i>ATE OF Will. Last wills and testaments, both of real and
personal property, may be admitted to probate upon the oath of
any person appointed executor or executrix thereto, or where no ex-
ecutor or executrix is appointed, if any other credible person having
no interest under the will, that he or she verily believes the writing
exhibited as the last will that the testator or testatrix made, and to
bo the true last will and testament of the deceased, which probate
may bo granted in term or vacation by the several judges of the
County Court.
Probate is conclusive evidence of validity as to personalty,
and prima /iicie e\idGnce an to realty. Probate of wills duly ob-
tained in other States or foreign countries relating to property in
the State, will, by duly being attested before foreign probate courts,
seal and certification, bo admitted and given the same efiect as wills
executed within the State. Admiiiisiration. — See North Carolina.
Georgia. — All wills (except nuncupative) must be in writing ;
the testatrix or testator must be of sound mind and of full age ; no
particular ^\ords or form is necessary. The maker must sign the
same, or by some other person in his presence, and by his express
directions, and shall be attested and subscribed in the presence of
the maker, by three competent witnesses.
MAiuuEn WoMEX .\ND Aliens possess all privileges of other cit-
izens to dispose of their real and personal property by will.
The Law of Non-kesident administrator applies to non-resident
executo)' or executrix. (Aliens and non-residents are not qualified
to act.)
Wife's Doweu is the right of a wife to an estate for life in
one-third of the lands, according to valuation, including the dwell-
ing house (which is not to be valued unless in a town or city), of
WILLS. 255
wliicb the busbaml was seized iiuil possessed at the time of Lis
death, or which the husband obtained title in right of his wife.
Dower may be Bauked by the following provisions when made
})rior to marriage and accepted by the wife after the husband's
death, expressly in lieu of dower; or when the intention of the hus-
band is plain and manifest that it shall be in lieu of dower : By elec-
tion of the widow to accept a child's part of the real estate in lieu
of dower •. by the election of the widow or a failure to apply for
dower within seven years from the death of her husband ; by join-
ing in a deed with her husband to lauds, the title to which came
through her ; or by adultery of the wife, unpardoned by her hus-
band. The widow is entitled to the dwelling house and furniture
from the death of her husband until the dower is assigned and her
portion of the furniture is set apart. No lien created in any manner
by the husband during his lifetime, acts, though consented to by
his wife, shall in any maoner interfere with her right to dower.
Iowa. — Aliens, married and unmarried women, and every male
of full age and sound mind can make a will. Alales 21, females 18.
Every will must be in writing and two witnesses must subscribe to
attest. Wit/iesses cannot be legatees. Only the persons and chil-
dren named in the will can inherit, excepting a posthumous child,
which inherits the same interest as though no will had been made.
A will holds good (contingently) from the date of its execution ;
marriage subsecpient thereto, modiiies it, as the wife inherits one-
half of the testator's estate if he dies without issue, and one-third
if with issue, and the unborn child or children as shown above. The
will is revocable during the life of testator. Where the husband
dies intestate the wife receives one third and the residue is distrib-
uted share and share alike.
Adminlstuation. — See Michigan.
Indiana. — Testator must be 21 years of ago, of sound mind,
may devise by last will and testamont, any interest descendable to
their heirs, which they may have in any lands, tenements or personal
property. A married woman can devise her property without any
concurrence of the husband. An Indian not a <!itizen may make a
will. Children may be wholly disinherited by a will. A promise
to c.iiother of a legacy or testamentary provision to be made in his
256 READY REFERENCE MANUAL.
favor upon valuable coiiHicU'iatioii, uiav, if not coiuplied witb, be
enforced against testator's estate. ( See Frost vs. Tarr, 53, Ind.
390. ) The marriage of a nnm or of a woman does not revoke a
will, but the birth of a child unprovided for therein, has such
effect. Wills must have two witnesses as competent as the testator,
who must witness tlie attest. If the witnesses should become after-
wards incompetent, this will not invalidate the will. Persons can
make nuncupative (not written) wills where it is in their last sick-
ness and the value of the property becjueathed does not exceed $100.
This must be taken down in writing by some one in the presence
of two witnesses and tiled within lifteen days after the decease of
the devisor. No will made within the State can be probated in any
other State. Wills devising lands in foreign countries or outside
the State, are held subject to the laws of such countries and such
States. Wife has no dower in lands and husband no courtesy in his
wife's estate. Wives take by descent from husband's intestate
estate as follows: One-third of his real estate free from all
demands of his creditors ; where the property exceeds $10,000 in
value, one-fourth ; where it exceeds $20,000 one-iifth. Husband is
by descent from wife entitled to one third of her estate. If hus-
band die and leave one child, then the estate is divided share and
share alike between his widow and child.
Apministu.vtion. — See Michigan.
Note. — By an act of the legislature, taking efiect July 18th,
1885, the right of an alien is restricted to accpiiring title by devise
or descent, and the property so actjuired must be disposed of within
live years; but aliens residing in Indiana, who have given notice of
their intention to become citizens of the United States, are not so
efl'ected.
Illinois. — W'ills must have two or more witnesses, who must
sign in the presence of testator, in presence of each other, and
at his or her request. Testator or some one for him or her
must sign and attest will ia the presence of each witness. The
statute says : •' l^jvery male person over twenty-one and evei y
female over eighteen, of sound mind, etc., may make a will of his or
her property." Aliens can make wills as well as citizens. IMarrietl
women can dispose of their property same as if unmarried and with-
WILLS. 257
out auy restiictious. Marriayc in all canes revokes a will. Child
born after execution of will does not revoke will unless it appears
from will that the testator iuteuded to disinherit such child, the
devises and lefjfacies shall be abated in ec^ual proportion to raise a
portion for said child ei^ual to the portion it would have taken had
the estate descended intestate. It is not essential for validity to
have every child mentioned in a will. Married women can make
wills independent of husband's interest, but not so as to deprive
him of his dower right, excepting as follows : Any provision in a
will of husband, or of wife by husband, will bar the dower of the
surviving party unless otherwise expressed in the will, but if done
within one year after date of letters testamentary, the survivor may
in writing to the County Court, remove the provisions in the will
allotting some consideration in lieu of the dower, and thereby take
dower under the statutory provisions ; but in no case can both be
held. A devise or bequest to a witness is void and will void the
instrument unless two other witnesses besides the one being a
devisee are subscribed to the will. If devisee named in a will being
a child or grandchild of testator, die before testator, and no provis-
ion is made for such case, the issue shall take such interest; if no
issue, that devise or legacy becomes a separate intestate estate.
I^ersons of the aye of 17 may be apjiointed executors. Where
party knows he is executor, it is his duty to present will to County
Court within thirty days for probate. Where witnesses live in
county they must appear in court and testify concerning the execu-
tion of said will ; where witnesses reside out of the county or State,
commission may issue under seal of court to take proof. In case
witnesses are both dead, outside proof of handwriting of testator
and witnesses may be made. If testator leaves visible estate more
than enough to pay debts, he may direct that his executors be not
required to give bond, otherwise bond in double the value of estate
is required. Executors and administrators have two years to settle
estate, and claims may be tiled any time within that period.
Administration. — See Michigan.
Kansas. — W'ills may be made by any person of full age and
sound mind and memory, and having an interest in real or personal
property. ■ Must be in writing and signed at the end thereof by
258 READY UEFEUENCE MANUAL.
party making the saiuo, oi" by some otlier person in bis presence and
by his express directioh, and shall bo attested and subscribed in the
presence of such party by two or more competent witnesses, who
saw the testator subscribe or heard him acknowledge the same.
Must bo proved in Probate Court, and is subject to contest V)y ac-
tion in the District Couit of the county in which it was jnobated,
except foreign wills, if th<!y have been contested whore proven, can-
uot be contested here. Such action must be commenced within two
years after probate of the will.
NuNCUi'ATivK Wii.t, made in the last .sickness is valid as to
})erHonal property, it' reduced to writinuf, and subscribed by two
competent witnesses Ii;iviiitx mo interest in tlu' becpieath, within ten
day>s after the speakiM^• of the teslamentar. words, and it be
2)rove(l by said witnesses that the testator was of sound mind and
memory and not under any restraint, and called up(»n sonu; one
present at the time tiie words were spoken, to bear witness to such
disposition as his will.
No Makkied Pekso.v can BEiiUEATii AWAY froui the otlier
(luisband or wit'i') nioi-e than (lUe-half (»f his or lu'r propert}', with-
out the consent of liie other in writing before two witnesses.
AuTiiENTiCATKi) Coi'iKS OF Wii.LS e.vccuted aiid proved accord-
ing to the laws of another State relative to property in this State,
may he admitted to record in the Probate Court of any county
within the State where any part of the property may be situated
— and thereafter it shall have the same operation and effect as if
originally proved and allowed within this State.
Aliens. The constitution of this State provides that no dis-
tinction .shall ever be made between citizens and aliens in reference
to the purchase or disposition of 2)ro])erty, or its descent by will.
Kentucky. — Every person of sound mind not being under
twenty-one years of age, nor a married woman, may by will dis-
pose of any estate, right or interest in real or personal estate that
lie maybe entitled to at his death, which woidd otherwise descend
to his heirs or pass to his jtersonal rej>resentative, and though he
may become so entitled after the execution of his will.
A Pekso.v i'Ni>i:ii TwKNTV-oNK Yeaks oi' A(;k, may make
a will in pursuance of a power specially given to that effect j
WILLS. 2r)9
:iii(l :i latlior (the U'stator) may appoint \)y will a guardian to his
oliild, altliougli lie he umlcr age liiniself.
A Mauuiei) Woman may by will dispose of any estate seemed
to her separate use by deed or devise, as in the exercise of a writ-
ten power to make a will.
No Will shall ni: VAr,ii) Unless it is iv Writing, with tlie
name of the testator subserii)ed thereto by himself or by some
other person in his preseiH;e and by his direction, ami moreover if
not wholly written by the testator, the subscription shall be made
or the will acknowledged by him in the presence of at least two
e:\'dible witnesses, who shall subscribe the will with their nanu's in
the presence of the testator.
No AlM'OINTMENT MaDE HY Wll.L I.V ExEUCISK OI" ANY I'OWEII
shall be valid unless the same is executed that it would be valid
for the disposition of the property to which the power a})p!ies if it
belonged to the testator, and every will so executed, exct'pt the will
of a married woman, shall be a valid execution of a ])ower of ap-
poin'ment by will notwithstanding tlie instrument creating the
power expressly iXM^uireM that a will made in execution of such
power shall be executed with some additional or other form of
execution or solemnity.
NuNCUTATiVE WiLLS. A soldier in actual service oi- a mariner
at sea may dispose of his personal estate by an unwritten will made
within ten days of his death, and in the presence of two competent
witnesses jiresent at the sanu' time, and called upon by him to
witness his iiitvMition, if the testamentary words or their substance
be reduced to writing, and subscribed by one of the witnesses
within sixty days next after they were spoken.
Foreign Wills. A will executed according to the law of the
domicile out of the State is valid as to personal jn'operty.
Mabuiage revokes a will exct'pt when made in exercise of power
of appointment of an estate which would not in default of sucli
apj)ointment pass to his or her heirs, persona! representative, or
next of kin. A will once revoked must be re-executed or a codicil
executed in the manner hereinbefore reipiired to be binding.
A CuKiJiTOK MAY' Attest a will, though it charges his estate
with the debt. If a will is attested by a person to whom or to>
2()() ItEADY llEFEKENCE MANUAL.
whose wife or liusbaiid any bciu'Hcial iiitfrest in ;iiiy I'Htiite is
tliorcby devised or hociueutlicd, if tiie will may not. ho otherwise
proved, such person sliall he decided a coinpeU'Ut vvitness; hnt sucli
devise or hecjiiest -sliall he void; except, it" such witness would he
entitled to any share of the estate of the testator in case the will
were not established, so much of his share of the estate shall be
saved to liim as sliall exceed the value of what is devised or be-
•pieathed under tlie will.
No Person on Account ok his Bkin<; ExEcuroKof a will, shall
be incompetent as a witness for or against the will.
Louisiana. — Aliens, married women and minors of sound
mind o\ov the ages of 16 can make wills of personalty. All persons
devising real property must be of age. Males 21 and females 18.
Makuied Women cannot disj^ose of their separate estate only
subject to their husband's courtesy, or such protection in certain
cases as the courts will grant.
Testators need not mention every heir in their will, but the
rights of the widow in all community property caimot be abridged.
Widows take one half of u.. community property.
The Attest of a will must be witnessed by at least two sub-
scribing witnesses that are not legatees, uuless that the testator
goes and acknowledges his hand and seal before a notary. In such
cases the attest of the notary will be sufficient evidence. Holo-
graph wills can be established by proof of the same being genuine.
Nuncupative Wills are only accepted by sailors, and persons
whose vocations are limited or restricted by similar service either
upon the high seas or in defence of their country.
Massachusetts. — ( 1 ) Every person of full age and sound
mind may by his last will in writing dispose of his estate, both real
and personal. This applies to both sexes, married or unmarried.
Full age in this commonwealth is twenty-one yeafs for both sexes.
A Mariued Woman may make a will in the same manner and
Avith the same eftect as if she were single ; but without her hus-
band's written consent she cannot by such will deprive him of ten-
ancy by the courtesy in her real estate ; or of the right to the use
of one-half of such real estate for bis right and use during his nat-
WILLS. 2ni
ural life, if they have had no issue born alive ; or of her roul eHtute
in fee not exceeding five thonsniid dollars in value where no issue
was born to them alive, besides his eaid life estate In- courtesy in
her other real estate, or in one-half thereof in case no issue sur-
vives her, or more than one half of her personal estate. A inurried
woman deserted by or living apart from her husband for jiistifiabln
cause, may after a decree of the proper court establishing,' such fact,
dispose of h(Pr real estate and personal property by will without his
written consent, as if she were sole.
2, 3. The will of a fenune sole is revoked by her subsequent
marriage alone. The will of an unmarried man is revoked by mar-
riage and the birth of a child.
4, 5. If her husband dies intestate a widow is entitled to her
dower at common law in his real estate. If he leaves no issue living,
she takes his real estate in fee not exceeding ,f 5000 in value, and a
life estate in one-half the other real estate of which he died seized,
or, if she files her election therefor in the probate office within six
months after the date of letters of administration on his estate, she
may have, instead of such life estate, her dower in his real estate
other than that taken by her fee. If he dies intestate and leaves
no kindred she takes the whole of his real estate in fee.
A widow is further entitled to one-third of her husband's per-
sonal estate if he dies intestate and leaves issue, but if he dies intes
tate and leaves no issue, she is entitled to the whole of his personal
estate to the amount of $5,000, and to one-half the excess above
.^10,000 ; if he leaves no kindred, his widow is entitled to the whole
of his personal estate.
Under any circumstance a widow is entitled to her articles of
apparel and ornament, and to remain in the house of her husband
for forty days after his death, rent free. A further allowance of
personal property may be allowed by the Probate Court to the
widow for herself and his family under her care. She is also entitled
(ii right of interment for her body in any lot or tomb of which her
husband was seized at any time during coverature.
6, 7. ^Yhether a woman dies testate or intestate her husband
is entitled to courtesy at common law in his wife's real estate, if
they have had issue born alive which might have inherited such
estate. If they have had no such issue, he is entitled to an estate
202 READY IIRFERENOE MANUAL.
in one-half nnch lands fluriiig his life. If she dies and leaves no
issue living he takes real estate in fee to an amount not exceeding
$5,000 in value, and also has an estate by the courtesy or other life
interest as aforesaid in her other real estate. If she dies intestate
and leaves no kindred, ho takes the whole of her real estate in fee.
If a married woman dies intestate her husband takes one half her
personal estate, if she leaves issue ; but if she leaves no issue he
takes the whole.
8. A beneficial devise or legacy in a will to a person who is a
subscribing witness thereto, or to the husband or wife of such
person, is void, unless thei-e are three other competent subscribing
witnesses to such will.
9. Every Will most have Three Competknt Witnesses, who
must bo present and at the testator's request, and see him sign his
name at the bottom and declare it to be his will and testament, and
the witnesses to subscribe their names in the presence of the t(^sta-
tor and of each other.
10. A will speaks from the death of the testator, wherever
such is his obvious intention.
11. A soldier in actual service, or a mariner at sea, may dispose
of his personal estate by a nuncupative will.
12. A Testator Can Disinherit All or anj' one of his chil-
dren, but such must clearly appear to have been his intention and
not the result of accident or mistake. Otherwise any child, or issue
of any deceased child, not provided for by the will, takes the share
of the testator's estate to which they would have boon entitled if he
had died intestate, unless they have been already provided for by
him in his lifeti; c A posthumoua child, having no provision
made for him by his father by will or otlierwise, takes the same
share of his father's estate to which he would have been entitled if
his father had died intestate. 8o, too, a married woman can disin-
herit her children, but the above provisions apply to her as well as
to her husband.
13. 14. A testator cannot deprive his wife of her legal rights in
his estate. He may by his will provide for her in lieu of dower ; and
if she accepts such provision, she will not be entitled to her dower
in addition thereto, unless such plainly ajipears by the will to have
been the testator's intention. A widow may however, at any time
"\vTi,i,s. 2fi3
within six months from the jirobato of her huHhancVH will, file ii
waiver of any i>rovi8i()nH mailo for lier in his will, or claiming the
same portion of liis estate as she would l)o entitled to if he had died
intestate, and nhe will thereupon be entitled to the same portion of
liiH estate, real and personal, to wliieh hIic would have been entitled
if lie had died intestate, except that if h*! had died intestate,
and she would thus beeome entitled to i>ersonal estate in value
more than S10,000, she will further receive in addition to said sum
only the income of the excess of her share above said .*1'),()0() for
her natural HTe.
Maryland. — Every sane person ean make a will. Males can
devise personal property when fourteen years of age and lands
when twenty-one; females ean devise jtersonal property when twelve
years of age and lands when eighteen. An alien can make wills
in a like manner. Married women can will her independent jirop-
erty, and without her husband's interest. A husband cannot de
prive his wife of one-third interest in persoiuil ]>roperty and a dower
in real estate, but he can cut off his children if he wishes. Two or
more witnesses arc required to every will wlio are not legatees. Tlie
marriage of an unmarried womnn having a will made prior to her
becoming a mother, voids her will. Wills must be tiled for probate
within thirty tlays after the death of testator.
Michigan — The requirements of a legal will are that the per-
son making it shall be above the age of twenty-one years, of Bound
mind and under no undue restraint; it must be executed in writing,
and subscribed by the testator. It must have two attesting wit-
nesses, who subscribe their names in the presence of the testator,
and who are not legatees under tlie will. To probate a will a duly
verified petition, alleging the death of the testator, and that he died
testate ; and that his will was executed by him when of sound mind,
and under no undue restraint : was duly witnessed ; and the will
should accompany the petition and be filed in the Probate Court.
The petition should contain a prayer for the allowance of the will.
Notice is th(!n given to the parties interested, either by personal
service or by publication, as the court directs, and the execution of
the will must be proven at the time and place set forth for the hear
ing by one of the subscribing witnesses, if he can be obtained ; and
261: READY REFKRENCE MANUAL.
in casG of contost of tlio will both of the Bubscribing witnoHHes
Hhoultl bo calU.d. If Iho will is fouiul by tho court iii)oii heariiif^
to have been properly executed, aud the ioHtator conipetont to make
r, will, tho court innkcH a dccroe to that eftect, aud it in then
recorded. Tho will lued not mention every heir. Tho court
ondeavorH to give exact « fVect to the terms of the will and the in-
tention of tlu» testator in all things, as expressed in the will, unlesB
hin intention violates soinu rule of tho law. A married woman muut
have husband's consent.
PuocEEDiNos IN (!ases OF ADMINISTRATION afo as followB : Upon
petition to the Probate Court, made by some heir or other inter-
ested person, tho court must give notice to all parties interested
by publication. On the day ai)i)ointed for the hearing, if suitable
and i^roper, the court appoints some eligible administrator ; a pref-
erence, by statute, in favor of the widow or the person selected by her,
if suitable aud willing to act. The administrator must, as must also
an executor, give a bond, when letters of administration issue to him
of the estate. On granting of letters of administration the court
either appoints a time and place for hearing all claims against de-
ceased, or the administrator himself with two other commissioners
are appointed to settle and adjust the claims. This commission is
limited in the time for hearing claims to not less than six months or
more than eighteen. The decisions of the commissioners are sub-
ject to appeal to the Chancery Courts.
Maine. — The testator must be of sound disposing mind, aud
a resident of the county. It nmst be in writing and have three dis-
interested witnesses, whether made in this State or elsewhere (if
atrecting property within this State,) who nuist sign in the presence
of the testator, who nuist atlirm tiiat the instrument is his last will
and testament, and that he revokes all prior wills or testaments
hitherto made by him. AVills must be presented for probate within
thirty days. Court must give public notice of the same for three
weeks. One witness will be sufficient to verify unless a contest.
Married women and aliens can make wills. Minors of either sex
cannot. The will aflfects all the property of the testator and speaks
from death, unless otherwise stipulated. Every heir must be men-
tioned (that is next of kin) but he is not obliged to give them any-
WILLS. 205
thing. His wife is entitled to oiu^-tbird in nil comiminity property
and tho testator cannot deprive her of it. Adininistration. — See
Micliigiin.
Missouri. — MuUm ovoreightoon yeftrs ran will pcrHonnl i>rop -
erty ; over twmity-ono, real oHlut<'. ^^an•i»'d or immiirricd wonicii
can dispoHe of ivny property in their own rij,'hl iit ci^lilecn yc ms of
iige; niiUTied women are Hubjoctto the rights of her huslmnd'H cour-
tesy. Aliens can dispose of property of all kinds in a like manner
as citizens. Every will must be in writing, signed by the testator,
or by sonio one by his request and at his direction, and in his pres-
ence. The will must be attested by two or more witnesses, who
are not interested directly or indirectly in the estates and in the
presence of each other and the presence of the testator. All the
children of the testator must be mentioned, or those living, and if
dead the oft'springs of the dead if any, or testator will be held to
have died intestate. The term of "all property'' used in a
will is held to moan at time of death, unless otherwise rpialitied.
After death, upon satisfactory proof by witnesses to will who will
separately make oath to the ex(!Cution of the will, as shown and ac-
knowledged by the witness to bo the identical one, the court if not
contested issues the order of probate in the ordinary way and it is
recorded wherever any lands of the testator are within the same,
mentioned. Tho executors generally named in tho will if com-
petent are commissioned by court to settle and adjust the estate.
The will can bo contested within five years after. Adt/ihiistration. —
See Michigan.
Mississippi. — Wills may be written l)y any person of sound
mind and 21 years of age ; they must be subscribed by the testator,
or by some other person in his presence, and by his express direc-
tion, and attested by two or more credible witnesses, in his presence.
A Devise to a Witness is void, but the will is not voided
thereby.
HoLonRAPn Wir.LS wholly in the handwriting of the testator and
signed by him some in place upon the instrument, upon affidavit
of two or more credible persons who know his or her handwriting,
n
200 READY REFERENCE MANUAL,
proof cau to that effect au J to bis signature establish the same as his
or her will.
No NcNcrPATivK Will can be established unless made in the
last sickness of the deceased, at his or her habitation, or where he
or her hath resided for ten days previous to their demise, and where
the value does not exceed $100. It must be shown by two witnesses
tliat (ho testator or testatrix called on some person present to take
notice, or bear witness that snc^i was his will (or ' ;r will,) or words
to that effect.
Aftek six Months op Speaking of the words in a nuncupative
will, no testimony shall be received to prove it, unless such- words
shall have been reduced to writing within six days after their speak-
ing. These r 'es does not apply to bequests of goods and chattels
by soldiers in actual service or mariners at sea.
Authenticated Copies of wills proved according to the laws of
any State or Territory, or any foreign country, and touching or dis-
posing of estate within this State, may be probated here, subject to
be contested as the original would have been, if it had been executed
within this State ; or the original instrument may be probated here,
if executed under the forms of such foreign state or country.
Aliens may acquire, and hold lands, dispose of them, and trans-
mit them by descent, in the same manner as citizens do.
The Validity of a will may be contested, by petition or bill, at
any time within two years, saving infants or concealed fraud —
when an issue may be made up at any time thereafter within two
years of the knowledge of such fraud.
Marriagk will void a will when a child is born, either before or
after the testator's death.
Married Women can dispose of their separate property by will,
in all respects as if unmarried.
Minnesota. — Every Perron of full Age and sound mind,
seized in his own right of any lands, or entitled to any interest de-
scendible to his heirs, may devise and dispense w ith the fianie by will
in writ'ig, and also bc(]ueath all personal estate or property in a
like ma..nor.
Married Woman may dispose of any real or personal property
WILLS. 267
held by her, or to which she is entitled, in her own right, by will in
writing ; she can alter or revoke the same as if she was unmarried.
No Will (except nuncupative wills as bai'einafter provided)
shall be eft'ective to pass any estate, real or personal, so as to change,
or in any way affect the same, unless it is in writing, signed at the
end in writing by the testator, or by some one person in his presence,
by his ('xpress direction, and attested and subscribed in his presence
by two or more witnesses.
NrNCDPATiVE Wills are not valid unless made by a soldier
while in actual service, or by a mariner at sea.
All Beneficial Devises, legacies and gifts made or given in
any will to a subscribing witness, are wholly void, unless there are
two other subscribing witnesses.
Every Person having the custody of a will shall, within thirty
days after he has had knowledge of the death of the testator, deliver
the same to the Probate Coui't, or to the executors named in the
will. When the will is delivered, the Probate Court shall appoint a
time and place for proving it ; if no person appears to contest it,
the Court, in its discretion may grant probate, on the testimony
of one witness, if such witness testifies that the will was executed
according to law.
FoREioN Wills. — A.11 wills proved and allowed in any outside
state or country, according ' ^ law, maybe allowed, tiled and recorded
in the Probate Court of any county, in which testator has personal
or real estate; wherever the word executor, in laws construed to in-
clude administration with the will annexed.
i\[ARRiAGE OR THE BiRTH OF A PosTHDMOus Child Only revokes the
will insonmch as its intestate right would enforce by statute.
Nebraska. — Any person of full age and sound memory, hav-
ing an interest in real or personal property, may give and devise
the same by will, lawfully executed. Must bo in writing, signed at
the end by the testator, or by some other person in his presence and
by his express direction ; must be attested and subscribed in his
presence by two or more competent witnesses who saw him sign it
or acknowledge the same. May be deposited in Probate Court at
any time, and can only be withdrawn by the testator while living,
or some authorized person.
208 READY REFERENCE MANUAL.
No Leoatek or Devisee can witness a will.
FouEiriN Wills. — Wills executed and proved according to the
laws of some other State, may be probatejd in this State, and have
the same validity as wills executed in this State.
Nuncupativp: Wills to be good must be witnessed by three wit-
nesses, made at the last sickness, and the words taken down within
six mcuths after their utterance. This does not apply to soldiers
and sailors, or where the property willed does not exceed $150 in
value.
HoLoauApnio Wills can not be established under the laws of
Nebraska.
New Hampshire. — Every person of the full age of twenty-
one years can dispose of his or her property both real and per-
sonal, by last will or testament.
Minors of either sex cannot make last wills and testaments of
personal property, unless wife is under age and owning separate
estate, she can dispose of the same by will subject to her husband's
right of courtesy.
IMarriaoe revokes any will. Birth of a child will void a will
if no provision is made for the same occurring.
Testators cannot ignore or abridge the rights of their widows
by their last will and testament. He can disinherit every child.
Witnesses. — Every will executed must have thi'ee competent
disinterested witnesses, if signed by the testator; if by some other
person at the direction and express request of the maker, then
<^hree witnesses and the person so signing for the maker.
NuNcnPATivE or Holograph wills are not admitted under any
circumstances.
All Wills speak from death of the testator, if the words "The
residue of my estate I give, and" etc., are in the will. '
AViLLS MUST be Filed for probate within thirty days after the
death of the maker.
Probate and Administration. — See sections 134.3, 1344, 1355, and
135(5, of Washington Territory. Establishing a will for adminis-
tration, where witnesses are either incapacitated by being insane,
WILLS. 209
idiotic, incredible or dead, in this Corauioiiweiiltb has seldom ever
been accepted. The Probate Courts have invariably disallowed
such ovideuce wheu any coutest has boeu made aud the estates have
been usually divided as intestate.
New Jersey. — Sec. Ill, of the statutes of wills, provides as
follows : — "That wills or testaments, made or to be made, of any
lands, tenements, or hereditaments, or of any estate, by any woman
covert or person within the age of twenty-one years, or any idiot,
lunatic or j^ersons of non-sane mind and memory, shall not be held
or taken to be good or sufficient in law."
Under a subsequent section it provides: Any woman covert
above the age of twenty-one years, may dispose of by will her real
or personal estate ; but cannot dispose of by will any interest or
estate in real property to which her husband would at her death be
entitled by law under the descent of right by courtesy. The Act of
1851 provides that all wills and testaments must be in writing, and
shall ba signed by the testator or testatrix (as the ease may be),
which signature must be made by the testator, or the making there-
of acknowledged by him and such writing declared to be his last
will and testament, in presence of two disinterested and competent
witnesses, present at the same time, who shall subscribe their names
thereto, as witnesses in the presence of each other and in the pres-
ence of the testator. Every child need not be mentioned. Mar-
riage of an unmaried woman, does not void a will previously njade
by her, but the birth of a child would void it, so far as her husband's
estate iu courtesy goes. A seal is not necessary to a ^vill. No will
can be made of personalty by any one under twenty one years of
age. Wills nuist be tiled for probate within forty days after death
of testator; ten days after the demise of the maker it cannot be tiled
for probate. Prohat'mg Wills and Adtninistration o/ A'states. —
See Alichigan.
New York. — All males eighteen years and over of sound
mind can dispose of personal proj^erty by will. Females sixteen
years and over can dispose of personal proi)erty in like manner.
Aliens and citizens of both sexes, of the full age of twenty one
years,and of sound disposing minds can make wills of all their
property, real and personal. The person making a will must attest it
270 READY REFERENCE MANUAL.
at the end thereof in the presence of two competent witnesses ;
each witness must sign his name and write in his own handwriting,
opposite his or (her) name his place of residence. If the maker of
the will cannot write liis (or her) name, three wituc'ises should be
present, the name of the testator written by some one and his (or
her) mark made and declared so to be in the presence of the three
witnesses. Wills speak from death unless otherwise provided in
the instrument. A testator can disinherit every child if 1 •> thinks
lit. Wife's part in community property cannot be exectetl by her
husband's will. Witnesses cannot be le;;;itees. I'robate and Ad-
■)ni)iistratioii. — See Michigan.
North Carolina. — No last will or testament shall be good
or sufficient in law, to convey or give any estate real or personal,
unless such last will shall have been written in the testator's life-
time, and signed by him or by some other person in his presence
and by his direction, and subscribed in his presence by two witnesses
at least, no one of whom shall bo interested in his devise or betpiest
of the said estate, except as hereinafter provided ; or unless such
last will and testament be found among the valuable papers and
effects of any deceased person, or shall have been lodged in the
hands of any person for safe keeping, and that the same shall be in
the handwriting of such deceased person with his name subscribed
thereto, or inserted in some part of such will ; and if such hand-
writing shall be proved by three credible witnesses, who verily be-
lieve such will and every part thereof is in the haudwritiug of the
person whose will it appears to be, then such will shall be sufficient
to give and convey real and personal property. No person on ac
count of being an executor of a will shall be incompetent to be ad-
mitted a witness to prove the execution of such will, or to prove
the validity or invalidity thereof. If any person shall attest the ex-
ecution of any will, to whom or to whose wife or husband any ben-
eficial devise, estate, interest, legacy or appointment of or affecting
any real or personal estate shall be given thereby or made, such
devise, estate, etc, shall, so far only as concerns such person attest-
ing the execution of such will, or the wife or husband of such person,
or any person claiming under such person or wife or husband, be
void, and such person so attesting, shall be admitted as a witness
etc. Every person male or female must be of the full age of 21
WILLS, 271
years before tbey can make a valid will of any property real or per-
sonal. Aliens have tlio same rights as citizens, only that an alien
cannot act ia the capacity of an administrator if he is a non-resident
of the State. Married women owning real or personal property may
dispose of the same by will subject to the husband's courtesy. Tes-
tator can disinherit all or any oneormore of his children, but cannot
deprive his widow of her rights of dowerage. "Wills speak from
death. Nuncupative wills can be made. The husband takes one-
third of wife's property if she dies without issue and intestate. The
widow takes one half of husband's estate if he dies intestate and
without issue, and one-third if she has issue.
Pkohating a Will. — In case oi a written will with witnesses,
on the oath of at least two of the subscribing witnesses, if living,
but when any one or more of the subscribing witnesses to such will
are dead, or reside out of the State, or are insane or otherwise in-
competent to testify, then such proof may be taken if the hand-
writing, both of testator and of the witnesses, so dead, absent, in-
sane or incompetent, and also of such other circumstances as will
satisfy the clerk of the superior Court of the genuineness and the
due execution of such will.
In case of a holograph will, on the oath of at least three credible
witnesses, who state that they verily believe such will and every
part thereof as in the handwriting of the person whose will it pur-
ports to be, and whose name must be subscribed tliereto or inserted
in some part thereof ; it must further appear on the oath of some
one of said witnesses, or some credible person, that such will was
found among the valuable papers and effects of the deceased or was
lodged in the hands of some person for safe-keeping. In case of a
nuncupative will, on the oath of at least two credible witnesses
present at the making thereof, who state that they were specially
required to bear witness thereto by the testator himself ; it must
be proved also that such nuncupative will was made in the testator's
last sickness in his own habitation, or where he had been previously
resident for at least ten days, unless he died on a journey or from
home. No nuncupative will shall be proved by the witnesses after
six months from the making thereof, unless it was put in writing
within ten days from such making, nor shall it be proved until a
citation has been opened or published, made, etc.
272 HEADY IIEFEIIENCE MANUAL.
Lkttkuh 01' Admimstkation. — Letters of admiiiiHtratiou iu
case of iutostacy shall be granted to tlio persons entitled thereto
and ajjplying for the same in the following order: 1st, — To the
husbiiud or widow, except as hereinafter provided. 2nd, — To the
next of kin in the order of the degree, and if of equal degree, to one
or more of thein at the discretion of the court. 3rd, — To the niost
competent creditor (if any) who resides within the State and proves
his debt on oath before clerk of Probate Court. 4th, — To any
other legally competent person.
' Persons Disqualified to Act as ADMimsTUATons : minors, alien,
non-resident, convict, or such as from intemperate or other habits
adjudged by the court as incompetent. The application for letters
of administration must show the value and nature of the intestate's
estate, the names and residences of all parties as heirs or distri-
butees of the estate, if known, or if the same cannot on diligent in-
quiry be procured, which of said parties are minors, and
whether with or without guardians, and the names and residences
of sucli guardians, if known. Bonds in double the value of estate
must bo furnished. The administrators must make oath or affirm-
ation for faithful discharge of office.
Ohio. — The testator or testatrix must be of full age, of sound
mind and memory, under no undue restraint, and must own the
property he intends to bequeath and devise. The will must be
signed by him (or her as the case may be) in the presence of two
competent and disinterested witnesses, who shall sign it at the
maker's request and in each other's presence and the presence of the
maker.
An Alikn or Marrikd Woman has all rights hereinbefore pro-
vided, only that the latter must obtain the courtesy of her husband
in writing to perform the same, or in the presence of the witnesses
to her will admits that he is agreed to her will to dispose of her
separate estate as she thinks lit, regardless of any right, title or in-
terest he may now or in the future have in her estate, either per-
sonal or real.
Minors of either Sicx can Make a Will of their personalty,
which if not contested within one year after their death will suffice
to hold good in e(]uity, otherwise males must be twenty-one and
females (except married) eighteen.
WILLS. 273
A ^Ian can Disinherit all his Childuen, except tboHe imder
tbo full ago of tweuty-one years, if males, auil eighteen if females.
He cannot exect Lis widow from dower. Marncuje does not
revoke a will of a male, but does of a female. The birth of a child^
in the case of a married woman or man, revokes the will unless a
provision is stipulated in the will fur the unborn. For I'robate and
Adniinhtratioii,, see Michigan.
Pennsylvania. — (Act of April 8, 1883.) Every I'erson of
sound mind (married women excepted) may dispose by will of his
or her real estate whether such estate be held in fee simple, or for
the life or lives of any other person or persons, and whether in
severalty, joiut-teuaucy or common, and also of his or her personal
estate.
(Act of April 8, 1883.) Provided the testator at the time of making
the same was of age, tweuty-one years or upwards, every will shall
be in writing, and unless the person making the same shall be pre-
vented by the extremity of his last sickness, shall be signed by him
at the end thereof, or by some one in his presence, and by his ex-
press directions ; and in all cases shall be proved by the oaths or
affirmations of two or more competent witnesses, otherwise such
will shall be of no eflect. If the subscribing witness be dead, or
out of reach of process, proof of their handwriting is sufficient ;
they need not be subscribing witnesses.
A Makiued Woman may dispose of her property, real and per-
sonal, by last will and testament in writing, signed by her or mani-
fested by her mark or cross, made by her at the end thereof, in
same manner as if she were unmarried. Neither of the witnesses
to a married woman's will shall be her husband. The will of a
single woman is revoked by her subsequent marriage and is not
revived by the death of her husband. If a man make a will and
afterwards marry, and die leaving a widow, so far as regards the
widow, he dies intestate ; that is, his will is revoked jyro tanfo. If
a man make his will, and have an after-born child or children, not
provided for in such will, and die leaving such after-born child or
children, so far as regards such child or children, he dies intestate,
and his wHl is revoked ^>;*o tanto. If a man make his will and
marry, and die leaving a widow and child, not provided for in such
271 HEADY REFKltENCE MANUAL.
will, liis will iH not revoked absolutely, as at common law, but only
j>ro tuiito. If a man niake his will, marry and die leaving,' a widow,
but no known heirs or kindred, it is clearly revoked, so far as to give
his widow both the real and personal estate absolutely.
Nuncupative Wills. — Personal estate may be bequeathed by a
nuncupative will made under the following restrictions: (I) Such
will shall in all cases be made during the last sickness (when such
extremity of last sickness precludes a written one) of the testator,
and in th(3 house of his habitation or dwelling or where he has
resided for the space of ten days or more, next before the making
of such will ; except where such person shall be surprised by sick-
ness, being from his own house, and shall die before returning
thereto. (II.) Where the sum or value beipieathed shall exceed
$100, it shall be proved that the testator, at the time- of pronounc-
ing the bequest, did bid the persons present, or some of them, to
bear witness that such was his will or to that tfiect; and in all cases,
the foregoing reijuisites shall be proved at the making of such will,
(it is necessary to the validity of a nuncupative will that each of its
reijuisites be clearly proved by two witnesses), l^rovided, that
notwithstanding this act any mariner being at sea, or any soldier
being in actual service, may dis2)oso of his movables, wages and
personal estate, as ho might have done before the making of this
Act (not valid by a soldier at home on a furlough.)
Tenancy by Courtesy. — An estate by the courtesy is the estate
to which a man is by law entitled upon the death of his wife, in the
lands or tenements of which she was seized during the marriage in
fee simple, or in fee tail, provided he had issue by her born alive
during the marriage, and capable of inheriting her estate, in this
case he shall, on the death of his wife, hold the lauds for his life, as
tenant by the courtesy of England, but in Pennsylvania, by statute,
birth of issue is not necessary to the husband's right as tenant by
the courtesy, in all cases where the issue, if any, would have inherited.
(Husbands lOG.)
(H. p., 131).) — Wife dijlng intestate, without chilJren, or the
descendants of such living, husband is entitU d to the personal
estate absolutely; if she leaves a child or children living her per-
sonal estate shall be divided among her husband and such child
or children share and share alike. The descendants of a dead child
WILLS. 275
shall be ciititlocl to their pnreuts' shiiio, ami if real estate the
luisbaud ib entitled to the whole of it for life as tcuant by the cour-
tesy. If husbaud elects not to take uuder her will, he has oue-
tliird of the personalty absolutely and one-third of the realty for
life, where there is issue, and to one-half the personalty absolutely
and one half the realty for life, where there is no issue, or in eitlnsr
case, instead of these, to the whole of the real oBtato for life, as
tcuant by the courtesy.
Illegitimate ('hild oit Children. — In any and every case where
the father and mother of an illegitimate child ur children shall enter
into bonds of lawful wedlock and cohabit, such child or children
shall thereby become legitimated, and enjoy all the rights and privi-
leges as if they had been boru during the wedlock of their parents.
(Act of May 1857.)
Widow Entitled to one thiiu) Part of real estate for life and
one-lhird part of personal estate absolutely, where there is issue,
otherwise to one-half jjart of real estate for the term of her life, and
to oue-holf part of the personal estate absolutely. '"Where the
husband dies testate the wife can elect to take under the intestate
laws as above and not take under the will, if it has not made as
ample provision for her, in lieu of what the intestate law provides.
Rhode Island. — Every person of saue miuJ, of the full age
II, 21 years, may make a will to pass real property; which shall
be in writing and signed by the maker or by some jjcrsou in his
presence and by his express direction, and shall be attested
and subscribed in the presence of the maker by two or more wit-
nesses, or else shall be utterly void and of no effect. All persons of
the age of eighteen years of sound mind can in a like manner make
will of all his or her goods, chattels and other personal estate of
every kind in the same manner as required to pass real estate.
A Testator oa Testatrix is not compelled by law to devise or
bequeath to all or to anyone of his or her children, only as they vol-
untarily see lit, any part of their estate.
A AViDuw Cannot however be deprived of her dower, only by
substitution, otherwise by devise or bequest, and then only at her
privity.
All Estate real and personal not devised or bequeathed in the
270 llEAUY KEl'EUENCE MANUAL.
lust will iind tostament of any ^JeiHOu, hIuUI be iliHtributetl iu t\w
Hiiiue maiiiior us if Huch persou died iutestute.
MAitHiAdK rovokoH a will. 7'Ae birth of a poHthumoiiH child voids
a will Hi) fur aa tho proportion of its part can bo in equal shares sub-
tracted from the devises of and becpiests to other legatees.
PuoiiATE PuocEEDiNGS. — See Sec3. 134:2, 1343, 1354, 1355 and 135(i
of Washington Territory. Adinhiislration. — See Michigan, only
that adiuiuisti'ators must bo of the full age of 21 years.
Tennessee. — Wii.i.s oi- Land must be Skined jsy Testatou, or
by his direction, and attested by at least two witneasey, at his re-
quest, and who are not interested under the will.
HoLoGiJAi'ii Wills. — If found among t'^stator's valuable papers,
after his death, all in his handwriting, and by him signed or his
name or signature appearing thereon, or in possession of some one
for safe keeping ; if shown by throe disinterested witneasea that it
is in the handwriting of testator, and that the name and all parts of
it ia in testator's handwriting, it is suUicient to pass lands as wellas
personalty.
To PASS Personal Proi'ehtv, it need n(jt bo attested, the signa
tare of the testator being sufficient.
Nuncupative Wills may, as to personalty, under the circum
slancoa of a sailor or soldier in actual service, (n- a person in his
last sickness, where it is not pra(!ticable to make a wiitten one, be
established.
MAiuiiED Women may dispose of their lands by will, but, not so
far as to defeat their husbimd's tenancy by courtesy.
Aliens. — As regards capacity of aliens to take, hold and dispose
of lands or personalty by purchase, conveyance, will or descent,
they stand the same as citizens. Escheats of aliens' property
abolished by Act of February 11, 1875. M. and V. Code, Sec. 2804.
Descent ano Distuibution. — A testator dying intestate, his
children take share and share alike (providing any child is dead and
was married and had issue, his children then takes his portion) with
the mother's dower or life interest, or the father's courte.sy.
A CuiLi) OF CoLou cannot inherit the estate of its mother's hus-
band uulesa the mother or husband was a person of color.
WILLS. 277
A PoSTiiUMors Child of a testator born within ton caloiular
months after his death, not provided for in will, takes by descent
Huch shai'e of his estate as woahlhavo fallen to it in case of intestacy.
If the Intestate died without issue or heirs by kin, it shall bo
iiiheritfidin fee by the husband or the widow surviving. (Sec. 3272,
Ten. Code.)
Wken a Woman Dies Intestate, having a natuial born child or
children, whether she also leave legitimate child or childn'ii, all of
such natural born children or child by the rules of descent, inherit
her estate or an equal distribution of the same. (Code, M273.)
A Widow takes one-half of heb Huhbani/s estate if he dies in-
testate in fee, if they had no living issue, one-third in tenancy com-
mon for life of real, and one-half fee of personalty if issue.
South Carolina. — Any person having riglit or title to any
liuids, tciicnicnts or hi'rcditanii'nts (persons of unsouiul mind and
minors excepted) may dispose thereof by will, in writing at pleas-
ure.
Aces of Ma.iouitv. — Males and females twenty-one years.
All Wills must be in Writing, signed by the testator or tes-
tatrix (as the case may be) or by some one in the presence of the
maker and by his or her express request, and shall be witnessed by
three or more credible witnesses in the presence of eacli other and
by the request of the maker, otherwise tlie will shall be mill and
void and of no effect.
Nuncupative Wills arc good, that are proved by oath of three
witnesses, who were present when made — must be made in last
sickness — no testamentary eviileiice can be admitted to jirove such
a will if six months shall have elapsed after sjjeakiiig the testament-
ary words, except such testimony was reduced to writing six days
after the making of the will, then twelve months is allowed by the
Act.
A Testator Can Disiniiekit every one of his children or any
one of tliem if he elects to do so ; they need not be mentioned in
the will either.
He Cannot Deprive his Widow from Dower, unless the
widow, or if before his decease, his wife, renounces her claim to
278 READY REFERENCE MANUAL.
(lower ill his estate before an official notary, and a certificate given
by the notary with her renunciation and embodying the stipulation
tliat it was voluntary and of her own free will.
Widow Takes one-half if testator dies intestate and having
no issue; if intestate and having issue one-third.
A WiTNKss CAN be a legatee under the statute, without voiding
ii will.
Marriage and the birth of a child revokes a will; marriage
without issue, will only revoke it so far as the wife's part affects it.
Children Boun Outside ov Wedlock have no legal status as
heirs against or jointly with legitimate born heirs.
Texas. — The Right to Dispose of Property, Real or Per-
sonal of every kind, by will, prevails. The testator must b .• twenty-
one years of age or upwards, and of sound mind; must be signed
by the testator, or by some other person in his or her presence, and
by such maker's direction. If not wholly written by the testator,
as hereinafter stipulated, by holographic privity. Every will must
be witnessed by two or more credible witnesses, above the age of
fourteen years, and having no interest in the estate, subscribing
their names in his presence and the presence of each other.
Holograph Wills are admissible and good if wholly
written in the handwriting of the testator or testatrix, all that is re-
quired is that the signature of the maker must be uj)on the instru-
ment, and that the same can be established by at least two witnesses
that will verify under oath or affirmation that the same is wholly in
the handwriting of the testator and that his signature is well-known
to them, which is upon some part thereon.
NuxVcuPATivE Wills are recognized in this State, to be
proven by three witnesses, that the testator called on some person
to take notice of the same; not proven after six months unless the
testimony, or the substance thereof, shall have been committed to
writing within six days after the speaking of such by the deceased.
Aliens can make wills in like manner as citizens.
Married Women can dispose of their separate property by will
independent of their husband.
WILLS. 279
FoRKiGx Wills probated inanothor State or country, are privi-
leged to he admitted by properly authenticated transcripts from
such foreign oflice, and filed in the county within the State where
the property lies.
A TESTATon Cannot deprive liis widow of her interest provided
by statute, but ho may ignore every child or other heir.
Wills Si-eak from the death of the maker uidess comprehen-
sive of other meanii\g set out in the instrument.
MAnniACE or the birth of a posthumous chihl revokes a will
insomuch as the portion by share at law of all personal or real
property is concerned, tliat intestacy would bestow ni)on such
widow or child.
An Illegitimate child claims co-jointly with other heirs of his
mother's separate property, in cases of intestacy, but has no claim
of the father, if born of another mother besides his lawful wife.
Community property if in real estate can be by joint will of
both disposed of. 'J'he survivor oidy being a teiuant at will during
their natural life.
Vermont. — Evkrv Person of Sound Mind can Dispose of
their property,reaI or personal, by a will in writing, and executed in
the jiresence of three witnesses, who subscribe the same in testator's
presence, and in the presence of cacli other.
Nuncupative Wili-s can be made to i)ass i)ersonalty not
exceeding i!?200 in value. The befpiost must be made in the i)res-
ence of three witnesses, and in the last sickness of the testator (or
in cases of a soldier in actual service nv a sailor at sea,) and in his
own habitation or under otiu^r snrprisnig circumstances; it must be
reduced to writing within siv da\'s after being e.vjjressed and
witnessed by at least one of the three presei\t, and tiled for probate
within six months.
IIoLouRAPUic Wills are not admissible.
Witnesses Cannot he Legateks unless there are three inde-
l>endent of the one or more being legatees; if however the wit-
nesses are legatees, such bequest or devise is void as to the witness,
but does not void the rest of the instrument.
280 BEADY REFERENCE MANUAL.
A Widow Cannot be cut out of her Doweu; slie can waive
her claim to a devise in her husband's will, and elect to .accept what
the statute provides instead.
The liiurn of a Posthumous Chii,I) will revoke a testament
unless the contini^'cncy is provided for in the will, so far rts sueh
child's i)()rti()n of the estate is concerned, but the will otherwise
will be valid.
A Widow 'J'akes of IIer Husband's intestate estate property
to the value of $2000 in fee; one-half of the residue during her
life, if he had no living issue born of her; or in case he has no
heirs or next of kin, she takes the whole in fee. If he dies intes-
tate with issue, his estate would be divided share and share alike
between his children, less the homestead to the value of $500 and
the dower interest of his widow and one-third of the personal
property; these exceptions the widow holds by law.
Mahuied Women can make disposition of thoir separate estate
by will without their husband's consent.
Aliens possess all the privileges of citizen.?.
Foueign Wills can pass property within the State by a duly
authenticated copy being filed in the county wlierein the property
is situate.
Minors (males under twenty-one and females eighteen) cannot
pass any jtropcrty real or personal by will.
Will Must be Filed for Probate within thirty days after
the testator's demise.
Virginia. — Wills must be in writing and signed by testator,
or by some other person in his presence, and by liis direction, in
such manner as to make it manifest that the name is intended as a
signature; and, moreover, uidess the will be wholly written by the
testator, the signature must be made or the will acknowledged by
him, in the presence of at least two competent witnesses, present
at the same time, and such witnesses must subscribe the will in the
presence of the testator, but no form of attestation shall be neces-
sary.
A Codicil must be made in the same manner. Will must be
proved ijnd admitted to record in the circuit county, or Corporation
WILLS. '281
Court of the county or corporation where the testator resides, or if
he had no ))hice of residence, tlien in the county or corporation
wherein he had any real estate, or if no real estate, tlicn tlie county
or corporation wherein he died or liad any personal estate.
A WllJ, SlIALI, HE CONSTIU'EO WITH ReI'EKENCE TO TIIrUkAI,
AND personal estate comprised in it, to speak and take effvct as if
it had been executed immediately before the death of testator.
Foreign Wiij,s. — Where a will relative to estate within this
State has been proved without the same, an authenticated copy
thereof and the certificate of probate thereof, may be offered for
probate in this State. The court to which it is offered shall
presume, in the absence of evidence to the contrary, that the will
was duly executed and adn\itted to probate as a will of personalty
in the State or country of the testator's domicile, and shall admit
such copy to probate as a will of personalty in this State; and if it
a[)pear8, from such a coj)y that the will was jiroved in the forcii^n
court of probate to have been so executed as to be a valid will of
lands in this State, by the law thereof, such copy may be admitted
to probate as a will of real estate.
West Virginia. — Uni.kss a lIoi.ocnApn Wiu,, it must be
acknowledged by the maker in the presence of at least two competent
witnesses, present at the same time, who must subscribe the will in
the presence of the testator or testatrix, and of each other. No
form of attestation is necessary. Any interest in real estate to which
a testator or testatrix over age, and of sound miiul, ma}' be entitled
at death (even though not in possession or entitled to it at time of
making the will) may be disposed of by will.
A MixoR oi' THK Firr.r, Aok ok EKwrrKEN years, n»ay dis)»ose
of personal i)roperty by will.
NoN-KKSiKENTs' Wir.t.s. — A wiU of a person domiciled out of
this State, executed according to the laws of the State of his
domicile, will be valid as to personal property in this State, but
not as to realty in this State, unless it complies with the laws of
this State. A will admitted to probate in another State, may be .ad-
mitted here by a duly authenticated copy and certificate of probate.
If a Man or Woman RIarriep die ijitestate, the surviving one,
18
282 READY REFERENCE MANUAL.
if they liave living issiu', takes one-third of all personal property
and the residue goes to the issue share and share alike.
If the Intestate Leave a Husband or Wife and no issue, such
husband or wife takes the whole of such personal property.
Bastards Inuerit and Transmit inheritance on the part of the
mother as if lawfully begotten.
Wyoming Territory. Any Person of Full Age and of Sound
Mind ni.ay dispose of their property real or personal by last will and
testament. All wills must be in writing, and witnessed by two
competent witnesses, and signed by the testator or testatrix, or caused
to be signed by the maker and in his or her presence. 'J'he testator
or testatrix may name in his will an executor or executors, provided
that such shall be residents and citizens of the United States. But
whenever .an executor thus n.amed is not a resident of the Territory,
the Probate Judge shall require such executor to designaU' some res-
ident of the Territory as agent or attorney upon whom any such re-
quired notice of Probate Court may be served. If no executor is
named in a will, or if the executor fail to act, the Probate Judge shall
appoint an executdr to carry the will into effect; if .any person ap-
pointed is disqualified from acting, the I'robate Judge shall appoint
an executor until such disqualification is removed.
Any Person Having Custody of a Will shall, on informa-
tion of the death of the testator, immediately file the same with the
Prol»ate Judge, who shall open and read the same.
The Prohate Judge shall Give Notice of the time and place
fixed for the proving of the same, by publishuig a notice in a djiily
or Aveekly paper published within the county where the will is filed,
and the last ])ublication must be at least ten days before the time
fixed for the proving of said will. Wills when proved .and allowed
shall have the certificate of the Probate Judge and seal of the Pro-
b.ate oflice annexed thereto, and every will so certified, its record or
transcript, may be read in evidence in all Courts, By law the ex-
ecutors are entitled to the following commissions on property sold:
For the first $1000, 5 per cent; for the overplus between * 1000 and
15000, 2^ per cent thereon; for any amount over $5000, 1 per cent
thereon.
WILLS. 283
Wills Probated is any other State or Territory, uj)on
proper authentication, may be adinitterl to probate in tliis Territory.
AI,IEN^;. — The Statutes of the Territory are silent upon the
subject of tlie power of aliens to hold or transmit real estate, with
the excejttion of the following: " The alienage of the descendants
shall not invalidate any title to real estate which shall descend from
him to her."
Wisconsin. — Every Person of Full Age and married women
of the age of eighteen years and upwards, being of sound mind,
may dispose of their property by last will and testament. >Vills
may be executed in writing, signed by the testator or some person
in his presence and by his express direction, and attested and sub-
scribed in the presence of the testator by two competent witnesses.
Nuncupative Wills, when the estate exceeds $150, must be
made in the presence of three credible witnesses, who must state
that they were specially requested to bear witness thereto. It must
have been made in the testator's last sickness, in his own habitation
or where he has ])reviously resided for the space of ten days, unless
he was unexpectedly taken sick being from home and died before
he returned to his last habitation. It shall not be proved after six
months, imless the said words be reduced to writing within six days
after they were spoken by the deceased.
When a Foreign Will shall have been duly proved and al-
lowed in the proper court of any otlier of the United States, a coj)y
thereof duly certified may be recorded in the office of the Registrar
of Deeds in which any lands therein described are situated, and when
so recorded shall be valid and effectual to pass the title.
MAnuiEi) Women when eighteen years and upwards can make
wills of their 8e))arate estate by their own free privity.
Testator can Disinherit all or anyone of his children.
If TiiK Language is comprehensive enough it Avill include all
the property of the maker seized of at his demise, but in case it
does not, the residue of the estate may be treated as in intestacy.
The IVIarriage of either does not absolutely revoke a will, only
so far as the contingent interest by cf)urtesy or dower by statute
would affect the instrument.
284 READY REFERENCE MANUAL.
Aliens can by will dispose of their real and personal property
in like manner as citizens.
Inticstatk Estates. — No jijuardian need appear for infant until
after administration is granted, and then only on sale of realty or
hearing of final account and assignment of estate to those entitled
thereto.
Washington Territory.— Sec. iniR: Every person who
Khali have attained the age of majority, of sound mind, may by last
will devise all his or her estate, real and personal.
Sec. 1319: Every will shall be in writing, signed by the tes-
tator or testatri.x, or by some person under his or her directions in
his presence, and shall be attested by two or more competent wit-
nesses, subscribing their names to the will in the presence of the
testator.
Sec. 1.T20: Every person who shall sign the testator's or testa-
tri.v's name to .any will by his or her directions, shall subscribe his
own name .as a witn«'ss thereto and state that he subscribed the
testator's or testatri.v's name at his or her re^juest.
Skc. 1.325: If any person m.ake his last will and die, leaving a
child or children, or descendtints of such child or children (in case
of their death) not n.amed ov provided for in such, will, although
born after making such will or the death of the testator, every such
testator so far as he shall regard such child or chiUtren or their de-
scendants not provided for, shall be deemed to die intestate, .and
such child or children or their descendants sh.all be entitled to such
proportion of tlie estate of the testator, real and personal, as if he
had died intest.ate, and the s.amc shall be assigned to them and all
other heirs, devisees and legatees shall refund their proportional
part. Sec. 2;i6;i: Th.at males shall be deemed and taken to be full
.age for all purposes at the .age of twenty-one years and upwards;
fenjales shall be deemed and taken to be of full .age at the age of
eighteen years and upwards.
Sec. 1304: A female married to a person of full age, sluill
be deemed and t.aken to be of full .age.
The widow takes a child's part on death of her husband intes-
tate. Husband cannot however deprive lier of her dower by any
WILLS, 285
proviHion in the will, but he can devise to her in lieu of dower bc-
(lUestB, and if accepted by her within one year after Iuh decease, it
so remains. Ilutsband takes a child'H part in case his wife dies in-
testate and witli issue, but witliout issue lie is not entitled to any-
thing.
I'rohatk Pkoceedinos. Skc. 134-2: Any jierson having (he
(!Ustody of any will shall within thirty days after he shall have
knowledge of the death of the testator, ileliver said will unt<» the
I 'rol)ate Court which has jurisdiction; or to the person named in
the said will as executor.
Shx!. 1.34.'{: Any person named as executor in any will shall
within thirty days after he lias knowledge that he is executor present
the will, if in his possession, to the Probate Court which has juris-
diction.
Sec. 1344; An executor named in the will may decline to
act by filing a written renunciation at the time of filing said will;
but if he intends to accept, he shall present with will a petition
praying that the will be; admitted to probate and that letters tes-
lanjentary be issued to him.
Sec. 1350: When any will is exliibited to be proven, the'
court may immediately receive the j>roof and grant a certilicate of
of proL vte or if such will be rejected issue a certificate of rejection.
Skc. 1354: If it shall ai)pear to the satisfaction of the court
that all the subscribing witnesses are dead, insane or their residence
unknown, the court shall take and receive such proof of the hand-
writing of the testator and subscribing witnesses to the will, and
such other circumstances, as would be sufficient to prove such will.
Sec. 1355: All testimony adduced in support of the will shall
be reduced to writing, signed by the witnesses and certified by the
.Judge of the Probate Court.
Sec. 1356: All wills shall be recorded in a book ke}it for that
purpose, within thirty days after probate and the originals shall be
carefully filed.
AuMiNisTKATiON OK Intestate Estates. — After filing inven-
tory ; notice to creditors, in some cases family allowance ; petition
and sale of real estate (real estate sold at public auction) ; petition
286 READY REFERENCE MANUAL.
and final account and order of diacliarge and diHtribution of all prop-
erty takes place.
DOMINION OF CANADA.
Province of Ontario. — Every person of tlie full a<fe of
twenty-one years can make a will if not rendered iin-apalde l»y
insanity, or niin<jrity in eitlier sex. All wIIIh (except soldiers' and
sailors') wiust be in writing, and have two competent witnesses. A
will speaks from death of the testator and includes after-ac<iuired
property. An alien is under no disability, if otherwise competent,
to make a will. Witnesses need not be credible under the law.
Publication of will at decease of testator in presence of next of kin,
is not now the law or custom. A becjuest or a devise to a witness
or executor, does not invalidate the instrument; but the becpiest or
devise cainiot be enforceil if contested. Marriage revokes all wills.
The birtli of a child or other changes m the circumstances of the
testator or testatrix does not revoke tlie will. A holograph will is
not valid. The inollicious will of the Romans is not practi(!ed.
Every child can be disinherited. No will can deprive debtors from
the maker's estate, or if a man Iiis wife from her dower of one-third,
but similar to the laws of Indiana, in cases of intestacy. A will
need not necessarily be dated. All wills must be filed for probate
within one year after the death of tlie maker.
Province of New Brunswick. — No will shall be valid
unless in writing and signed by testator or by some other person at
testator's direction, in his presence and the seal thereof and his
mark attested in presence of two witnesses present at the same time,
and who will in the presence of the testator and in the presence of
each other subscribe their names as witnesses thereto (See Con.
Stat, of N. 15., Cap. 77, Sec 5.) No person under the age of twenty-
one years can make a will. Aliens liave the same privileges as
every other person. A married woman separated from her husband
by abandonment, and living separately, wilfu'ly and of her own
accord either, has the power to make a will as a feme sole (Con.
Stat. N. B., Cap. 77, Sec. 29.) Any married woman with the con-
sent of her husband, can make a will as hereinbefore provided as
to execution, but her husband must express either in the presence
of the witnes-es to her will or in writing that he grants his courteBy
wiLi-H. 287
to Jut. N(» .'iHNLMit of the IiuhIkiikI Hhiill lie rovokod exet'pt in tho
lifctirue and with tlie conHont, in writiii;^, of the wife, t'Xt'cuti'd in
:i like manniT, but the wife may at any time revoke or destroy the
name if who tliinkH ri^^ht. All property means possessed at time
<»f death. Every lieir or next (tf kin need not be mentioned, bad
boys or girls need not get a Hhilling. Adniiniatrdtion. — Executors
must present a petition to the (bounty Judge, setting forth the
name of the widow (if any) of all the children (if any) of tho
testator, and ad<litions and placet* of residence respectively, and in
case there are no children, then the names an<l additions of all
nearest of kin in e(p«a! degree, and their rejiresentatives with their
several places of business or residence, and in case any of them
are married women or infants, the names and atlditions of the
husbands or guardians of such infants (if any) shall also be stated
with their place of residence. Provided that in case any of tl»e
above particulars are sworn to be unknown to the petitioner, and
the surrogate to whom the petition shall have been presented shall
deem it unnecessary under the circumstances of the case, that tlie
same should be stated, such particulars may be omitted (Earl's rules
25;f.) The petition is presented to the judge who hears the evidence
of the executors of the will, and makes his order thereon instructing
tlie registrar to make out the letters of probation. In case of admin-
istration the order is to make out the letters on the filing of a bond
in the penal sum of double the amount of the estate; to file an in-
ventory of the same within three months and take an oath to faith-
fully administer, and to mak*- a <'orrect account within eighteen
months. The petition in the i)robating of wills and administration
should in both cases state the gross amount of real estate which
testator or deceased was possessed of at time of his death. In case
of a contest over the probate of a will or the issuing of letters of
administration, the person so contesting in either case should im-
mediately file a "caveat" with the registrar of the court, and when
the petition is presented the court or<lers citation to issue, calling
upon all parties intereste<{ in tin- name of the estate to attend at
the court on the day and place mentioned in citation. The order
for citation also directs the service and publication of the citation,
and it is the petitioner's duty to attend to the execution of this
order. The citation is always published (or in case of j>er8onal
288 HKADY RF.FEHENnE MANUAL.
HtTvici' hctvimI) at It'iiHt thirty <liiyH Itofon- n'turii day; uikI tin- return
(lay, all c'(iiitfii<iiii<j^ ]iarticH are in cuiirt, when tlic allf^atioiiH an<l
lilcatliiij^s an- oral exci'pt in casos of importance, jinlj^c may rf<|nire
tlicm to lu' in writing;, 'riicrc is an appeal from the IVohate Court
to the Supreme Couil of baiie (the last resort. )
Province of Nova Scotia. — A married woman m.ay dispoK«' of
all her pr. jterty l>y will in the same manner as if she were unmar-
ried, subject to the followin<^ conditions: If such will he made
without consent of the husband given in writing before iier death
the husltand shall have the right to exect (to cut away) between
the proviMions ma<le for him in the will and his teiianey l)y the
courtesy. No will under which a husband laki-s a greater interest
in his wife's property, real and personal, than he would be entitled
to in case she died intestate, shall be valid or eff«'ctual, unless such
will shall be executed when the husband is not present, and unless
the married woman at such time of execution declares, in the
presence of two witnesses, that she executes such will without any
fear, threat, or undue intliu'nce of, from or by her husband.
A Minor oi-' Kitiiku Skx Cannot Makk a Wii.L. A testator
can devise all his property to others than his children, but cann(»t
deprive his wife of her dower. Every will must be signed either
by testator or by some one with his directions and affirmed in pri'S-
eiice of two competent witnesses, who, in the ju'esence of the testa-
tor and of each other, subscribe their names. Aliens can make wills
in the same manner as all other citizens. The birth of another heir
does not void a will. Marriage of a single man or woman, widow
or widower, revokes all wills, made by them prior. Wills must be
tiled for probate within one year, but after a reasonable time if
evidence of suppression can be established, the person suppressing
it forfeits ^20 per month for every month he or she supi)re8se8 it.
For Promate ok Wills and the appointment of Administra-
tors in intestate estates, see New llrunswick.
Province of British Columbia.— A person making a will
must sign it in the presence of two witnesses, both present at the
same time, who must also sign in his presence and in the presence of
each other. Married women and aliens can make wills; minors
cannot. A testator can disinherit all his children but his wife must
WILI.8. 2H9
ri'iH'ive luT thinlK of all his roul c«taU'. I'rohatioii and administra
tioH, see New HniiiHwick.
Province of Quebec. — Aliens have a rii^ht to a(;(|uire ami
transmit l)y gratuitous or onerous title, as well as by succession (tr
by will, all movable and immovable property in the Province of
Quebec, in the same manner as liritisli-born subjects.
IMauuiki* Womkn can make wills of their separate property
without the authorixatiou of their husbands.
MiNous Cannot Makic Wills whether emaneipate<l by mar-
riage or not.
Tehtatou Can Disinherit all his children, or any one of them,
if he so elects.
TiiK Widow's Interest cannot be e.xeeted in any manner from
her by her husband's will; the law regards her interest as follows:
"In default of an antenuptial contract (see married women's si-pa-
rate rights for Quebec) of marria^ge, which nnist bi' in notarial
form, there takes place between the consorts, by the mere opera-
tion of law, a community of the following property: (1) of all
movable property, either possessed by them before marriage or
falling to them, or accpiired after marriage, including the revenues
of their private property; (2) of all the immovables they acquire
during marriage, except such as fall to them bysueeession or ( (pjiv-
alent title; of this community the husband has the sole control;
immovable jiroperty belonging to either consort before marriage, or
falling to him by direct succession during marriage, remains the
jirivate property of such consort, subject as regards the property
of the husband, to the right of dower, preserved by registration
consisting of the usafruct (meaning the use for her natural life) of
the wife, and the ownership to the children of one-half thereof.
This right of dower may be abandoned by the wife. The husband
administers the private property of his wife, but cannot alienate
her immovables without her consent. In marriagi' contracts all
kinds of agreements derogating from these rules may be made,
such as total and distinct separation of all property, gift of future
property, etc.
Marriage of a spinter, widow, man or widowerdoes not revoke
or void any will made prior.
2'JO READY REFERENCE MANUAL.
]}iKTiioi" A CiiiM) (Iocs not in any case revoke or void any will.
Wn'NKSsKs to the will: 1st, a will made in a notarial form
and acknowledged by the maker alone before a notary; 2nd, in the
form re(|iiired for holograph wills; 3rd, in writing and in the form
of attest ill presence of witnesses, as in the laws of England.
Wills made in notarial oranthentic form are received before one or
two notaries or bef«n'e a notary and two witnesses, the testator in
their j)resence and with them signs the will or declares that he
cannot do so, after it has been read to him by one of the notaries
in presence of the other, or by the notary in presence of the wit-
nesses, mention is made in the will of the observance of the formali-
ties. The witnesses mnst be named and described in the will; they
must be males of fidl age, and must not be civilly dead, nor sen-
tenced to any infamous punishment. Aliens may serve as witnesses;
the clerks and servants of the notaries cannot.
IIoLOGUAPii Wiu-s must be wholly written and signed by the
testator, and recpiire neither notaries or witnesses; they are subject
to no particular form.
Wills Made Under the Form Derived fhom the Law.s ok
Enoland, whether they affect movable or inunovable property,
must be in writing and signed at the end with the signature or mark
of the testator, made by himself or by other persons for him in
his presence and under his express direction (which signature is then
or subsequently acknowledged by the testator as having been sub-
scribed by him to his will then produced, in presence of at least
two competent witnesses together, who attest and sign the will im-
mediately, in jtresence of the testator and at his request); females
may serve as attesting witnesses, and the rules concerning the com-
petency of witnesses are the same in all cases and respects as for
wills as aforesaid made in "authentic form."
Proper Form of Attest: — ^^ Signed and acknowledged by the
said testator as and for his last vnll and testament, in the preserice
of Its, who in his presence, at his request, and in the presence of
each other, have hereunto set our names as witnesses.''
Wills Must re Fili'.d for probate within a reasonable time.
Legacies made in favor of the notary, or witnesses, or to the wife
of any such notary or witnesses, or to any relation of such notary
or witness in the first degree, are void, but do not annul the other
provisions of the will. .
en A ITER VI.
PART I.— Tht' liinitatioii oC tiiiu-, witliin wliicli Adioii shall 1h' miiimi'iiciMl
aKiiiiist K;^ill•()a^l^. lor tlif rccnvny of Itaiiian"-^ l'<>i' iMJiirirs or dfatli
claims, as inovidoil uiidor the liuws in fadi Slalf ami Tciritory, ami
Province in Canada; The amount of Damages fixed hy some Stales,
as tilt) limit that can lie in the extreme, assessed l)y the Court. PAUT
11.— A Treatise on the I^iws t^overnin;,' Conductors, Knuineers and Pas-
seriKers. PART 111.— The Law conunoidy j^overniii;; lidvcepers aixl
their (;uests. P.\i{T IV.— liesponsihility of Telej^raim Companies res-
pecting Wessa^fH; Contracts made liy Teleiiraph. PART \'.- The Law
of common carriers. PART VI. — Law of Pindinj;.
PART I.— CM A 1'. VI.
DAMAGES AGAINST UAII.ROADS KOR ACCIIUCNTS.
Alabama. — The statute liniits the time to couiiiieiice .suit
again.st a railroad corporation, in case of an injury to a minor, for
one year; IVrsons generally, for six niofiths; damages for death
claims, two years after the death occuring. No limit is fixed for
amount recoverable in any case. There are 2191 miles of railroad
within the State.
Arkansas. — See Flori<la as to the laws. There are 1704
miles of railroad within the State.
California. — Actions for idemnity against railroads for in-
jury must be commenced within three years thereafter. Actions
for recovery for death claims must be made within same time. Tlu!
statute limits tiie extreme penalty to ^L'ijOOO. There are 291 1 miles
of railroad within the " GolcU'U State."
Colorado. — Action for damages of any description must be
commenced against a railroad, in order to come within the time
limited for persons to prosecute, within tioo years after the accident,
or within the same time after death. The statute limits the highest
amount recoverable to $5000. There are 2842miles of railroad
within the State.
Connecticut. — For injuries causing death, action lies for
eigfiteen months after deatli, — in case of chiims for injury within
292 HEADY REFERENCE MANUAL.
uiit! year alter the cause arises. The eotirt is limited liy statute iti
the greatest aiuouiit they can tiiid, to $5()()(»iii eath claiiUH.
There are 97(5 miles of railroad within the State.
Dakota. — Six years outlaws any claim eitlier for injury or
death against a railroad company. The limit for injuries or death,
as damages, is not fixed by law, but left to the conscience of the
jury. There are 2759 miles of railroad within tlie territory.
Delaware. — The action for recovery of (lamages for injuries
sustained by railroad accident.s, must be brought whh'm three years.
In case of death, within 07ie year tliereafter. The law does not
limit the amount recoverable in either case. There are liOii miles
of railroad within the State.
District of Columbia. — The laws tlie same as ^Maryland.
The railroad mileage iiiehided with Maryhunl.
Florida. — An action brought to recover damages and jtenalties
against corporations (such as railroads) for damages or injuries or
death claims, must be commenced within two years after the cause
arises. The statute does not make any provision as to the amount
recoverable in either case.
Georgia. — The same as Florida as to time and statute. There
are L'97,s miles of railroad within the State.
Illinois — ('ause of action e,\i)ires against a railroad corpora-
tion in tills State, either for death or injuries claimed, if not coni-
meiieed or notice of action served upon the ofKcers of the company
within f,m> years after the accident or after the death from the ac-
cident. The statute li.xes the damages recoverable at the outside
limit, in case of Jeatli, at $.5000. There are 1U,00U miles of railroad
in this State.
Indiana. — All actions for recovery of damages in cases of in-
juries or accidents received while traveling or otherwise, against
railroad companies, must be brought within tvH> years thereafter
except if the injured ))erson should not die until some time within
the two years from the date of accident, tlien in such case the cause
survives and it data's from such deatli period; otherwise in case of
death at the time action must, ,be brought witliin eighteen, months.
DAMAOES AOATNST RATT-ROADS. 293
Section 4023 of the Coiisolidatefl Statutes of Indiana, ])rovi(lps tliat
tlie Court must assess the damages for injuries. In ease of death
claims the statute limits the greatest penalty to the amount of
$r>()()(). There are 55:34 miles of railroad within the State.
Iowa. — For injury to persons, the time is limited to two yems
from the date of accident. In case of deatii, within o)te year. No
limit j)ut upon amount recoverable in either case. There are 7510
miles of railroad witluTi the State.
Kansas. — Two years after accident occurs, outlaws the claim
for damages in case of injuries. 0«e year after death no matter
when oceuring, if traceable to that cause. !jIO,()0() is the limit pro-
vided by statute in case of death. 'I'he State has 4205 miles of
railroad.
Kentucky. — Action for damages must be commenced within
one year. The statute does not limit the amount of damages either
for injuries or death. There are 18G7 miles of railroad within the
State.
Louisiana. — Actions for recovery of damages received by an
accident upon a railroad, for injuries, must be brought within six
f)i.(>nths thereafter; in cases of death at the time or arising there-
from afterwards, six ino^tths. (In this latter case a person injured
must give notice to the company before the expiration of the six
months, if ho wants his claim to live so that the cause of action for
damages by doing so, is good at any time thereafter in case of death.)
As Louisiana is the only State in the Union that interprets the old
ecclesiastical or canon laws of England, in what we may now term
the "old-fashioned" sense, acting wholly upon the Acts of Parlia-
ment and law, regardlef-s of what may l>e called the conntion law of
custom, which has grown up from usage and as distinguished from
a particular statute, embracing as in other words the statutory and
customary laws of general juiisprudcnce. Outside of the city of
New Orleans, the State is very averse to the intermingling of mod-
ern innovations and practices; they do not take kindly to the
ploughshare of modein progress in turning into disuse the old
pasture fields of parish customs. Putting a value on life and lind),
is so regarded, and comes under the ban of their disbelief. There
are 1316 miles of railroad within the State.
294 READY REFERENCE MANUAL.
Maine. — Six years outlaws any claim for damages against
railroads for injuries ; one year for damages incase of deatb claims.
No limit is put uj)on amount recoverable in either case. There are
1142 miles of railroad within the State.
Massachusetts. — The time allowed to bring action either
foi' accident, injuries or death, is the same as in all actions of
torts (3 years). The amount of damages recoverable in case of
death is limited to $oOOO. i990 miles of railroad in the common-
wealth.
Maryland. — Suits must be brought within one year for in-
juries only ; death c'aims at the time or afterwards attributable to
the accident, within one year after death. Amount recoverable in
either case unlimited. 1082 miles of railroad within the State.
Michigan. — All actions must be brought within six years;
the amount is fixed U}- the court. 5233 miles of road in the
State.
Minnesota. — Same as Michigan, only death claims are limited
to $5000. Railroad mi'eage in 1888 was 4193 miles.
Mississippi. — The claim for damages received by railroad
accidents, nmst be commenced within six years. No limit as to
amount recoverable; each case stands upon its own merits. 1316
miles of railroad within the State.
Missouri. — See Illinois, as to actions and damages. There
are 4710 miles of railroad within the State.
Montana. — See Kansas, as to laws. There are 1,047 miles of
railroad within the territory.
New Hampshire. — The law gives tipo years for persons to
bring actions for damages against railroads. This dates from ac-
cident, for injury, and from death for damages in such ease. But
in all cases to keep on the safe side of the statute, notice of injury
should be given without delay to the railroad companj', and in case
death should result afterwards, it makes the claim all the more
substantial. No limit in either case is put upon the judgment of
the court, as to amount of damages recoverable. New Hampshire
has 1044 miles of railway.
DAMAGES ACtAINST RAILROADS. 295
Nebraska. — Four years outlaws cluiius for daraages against
railroads both in caKes of damages for injuries and for death.
$5,000 is the statutory limit that can be recovered in case of death ;
otherwise no limit. 27U4 miles of railroad within the State.
New York. — The statute fixes the amount in the highest
degree that can be recovered for death claim at sr)000. Action
mu.stbe commenced in the county where plaintiff in the cause resides
without a change of venue agreed upon by both parties, within six
years. There are 7335 miles of railroad within the Empire State.
New Jersey. — The statute limits the time within which action
nuist be commenced to recover damnges for injuries, aixyears from
the cause ; in claims for death six years from the death. The stat-
ute does not fix the limit of damages recoverable in either case.
1819 miles of railroad in the State, according to Poor's Manual.
North Carolina.— The same law as South Carolina. There
are 1*.)3S miles of railroad within the State.
South Carolina. — Actions against railroads for damages for
iujurii^s, nmst be commenced within six years after occurring. In
cases of death claims, within one year after death, whenever it
occurs, if originating from the accident. The law fixes no limit upon
the jury in either case. There are 1504 miles of railroad within the
State.
Ohio. — All actions for recovery of damages for injuries onlj',
must be commenced and the company's ofllicers served, within four
years after the accident happened. In cases of death at the time
or afterwards arising from the accident. Sec. 6135 of Revised Stat-
utes provides two years after death. Sec. G135, fixes the limit that
in the greatest instance recoverable at $10,000. There are 727G
miles of railroad in this fertile State.
Oregon. — The statutes make no special provision, apnrt from
the rights given and reserved within ihv. companies, charteis; but
as common carriers they art; liable. Actions should be inunediately
conunenced as in all other cases of torts. There are 1135 miles of
lailioad in operation.
Pennsylvania. — The constitution of the commonwealth of
this State provides, under Sec. 21 of Art. 3, "No act of the General
290 READY REFERENCE MANUAL.
Assembly shall limit the amount to be recovered for injuries result-
ing in death or for injuries to person or property ; and in case of
death from such injuries, the right of action snail survive and the
General Assembly shall prescribe any limitations of .time within
which suit may be bi'ought against corporations for injuries to per-
sons or propert . or for other Cannes, different from that fixed by
general laws regulating actions against natural persons, and such
acts now existing are void. There are 7546 miles of railroad in
the State.
Rhode Island. — The same as Maryland as to laws. There
are 211 miles of railroad within the State.
Tennessee. — All rights of action cease either for injuries or
total death, after one year in the first instance, and in the came in
the latter, dating from the death of the person. No limit put upon
the amount recoverable. There are 216G miles of railroad within
the State.
Texas. — Actions to recover damages against railroads for dam-
ages, either injuries or death, shall be brought in the case of injury,
within one year thereafter. For death claims within one year after
death, whenever terminating in that. The statute does not fix any
limit for damages in either case. There are 6198 miles of railroad
within the State.
Vermont. — Actions for recovery of damages against a rail-
road corporation, must be commenced within six years as in all
oases of torts. The statute does not confine the court to any cer-
tain amount that may be vo(!overed. There are 944 miles of rail-
road within the State.
Virginia.— O^ie year is the limit allowed for all actions
against railroads. The death, however, at any time afterwards, at
common law, would revive the cause of action, if established as the
outcome of the injuries received in said accident. The statute pro-
vides that the amount of damages assessed by any court in cases of
this nature, shall in no instance exceed the actual and reasonable
value of the natural business life ">{ the person.
West Virginia. — See Virginia as to laws. There are 1027
miles of railroad in this State.
DAMAGES AGAINST RAILROADS. 297
Wyoming Territory.— See Oregon rb to laws. There are
G16 miles of railroad in this territory.
Washington Territory. — Same as Wyoming and Oregon.
There are 075 miles of railroad within the territory.
W^isconsin. — A claim against a railroad cu.poration outlaws
within six years. In case of death the law limits the right of action
(except in cases of minors or persona incapable of ncl'on from any
natural or compulsory reason ) to the period of one year after death.
The law limits the amount that a court can assess to .I'.'jOOO in death
claims. There are 4228 miles of railroad in the State.
PROVINCES OP THE DOMINION OF CANADA.
Province of Ontario. — The ad n must be commejiced in the
courts within s/,c months after the -cident. If death does not
occur at the time, but at any time afterwards, from the injuries
received, notice must be served upon the company before the e.spir-
ation of the six months. Amount is not limited.
Northwest Territories.— Action must be conunencod. within
one year after accident for injuries ; and if death occurs, within one
year thereafter. Not limited as to damages to l)e found by the
court.
British Columbia. — Same as Northwest Territories.
Manitoba. — See Ontario.
Quebec. — Action must be brought within three months in
case of injuries. In death claims not occnring at time of accident,
but afterwards, and attributable to the injuries so received, if
notice has been given of the accident injuries within the time speci-
fied ( 3 months ) the action for death claim survives, and is good
cause at any time within three months from the date of the injured
person's death as aforesaid.
New Brunswick.— See Nova Scotia.
Nova Scotia. — Actions for indemnity either for injury or
deatl claims, must be couunenced within six months. The fact
19
208 READY REFERENCE MANQAL.
that i(lemnit,y for iujuriew cannot be ascertained until the person
is fully recovered or dies, leaves tho apportioning of damages an
impossibility in either case ; therefore cnr courts ha.e not in cases
of that kind interfered until such finalty was reached. "Where a
person applies either to the company for indemnity for injuries or
to the courts, any award of the courts or payment by the company
would forfeit his right or anyone in his behalf, of suing for further
compensation for damages.
Prince Edward Island.— See Ontario.
Gape Briton.— Same as Nova Scotia.
PART II —CHAP. VI.
GENEBAL UAILUOAD LaWS.
Obhtrdctixo HiniiwAYS. — Conductors of i)asHengor trains
ftUowiufjf tl'eir train to obstruct tbo public higlnvay for a longer
period than fifteen niinutos, are liable to be punished by line, regula
t(!(l by the by-laws under the general law, as provided within the
state or county or city or town.
Fkeight Trains. — Conductors or others in charge, must
under the general law, leave an opening of at least four rods in
any freight train that may be left standing across the public high-
way, or in a like manner be subject to tine, as the local town by-
laws may provide.
Engineer Failing to Stop at Railroad Crossing. — Whoever
being the engineer of any locomotive running upon any rail-
road track upon or over which passengers are or may bo transported,
runs his locomotive across or upon the track of any other railroad
upon and over which passengers are or may be transported, with-
out first coming to a full stop before first crossing such other track,
and without first ascertaining that there is no other train or
locomotive in sight or approaching and about to pass over such
other track ; or who runs, or permits his locomotive to cross such
track when a locomotive is in sight, approaching and about to pass
upon and over such crossing, on such other track, — shall, on con-
viction thereof, be fined in any sum not more than $1,000, nor less
than $100, and imprisoned not exceeding one year in addition.
Locking Passenger Cars. — Whoever, being iu charge of a
passenger train on any railroad, and containing any passengers,
sufiers or permits any such car to be locked, or fastens the door or
doors thereof, so that said door cannot be ojiened by any such pas-
senger — shall be liable to a fine of not more than $500, nor less
than $5.
Failing to Give Signals. — Whoever, having charge of a loco-
motive engine upon any railroad, fails to signal when approach-
300 READY REFERENCE MANUAIi.
ing any road crossing, by blowing the engine's whistle at a distance
of not more than one hundred rods or less than eighty rods from
such crossing, is liable to a fine of $50 and not less than $10. In
case of any accident and such neglect is proved, and that such
neglect has caused the injury or death of any person, is liable to
imprisonment for fourteen years and not less than two years.
Non-Payino Passengeh Put Off. — If any passenger refuses
to pay his fare or toll, the conductor of the train or the servants of
the corporation may put him out of the cars at any usual stopping
place. This provision is to protect the public from the dangers of
frecjuently stopping trains, and the perils of increased speed to
regain time thus lost. The right is a police authority generally
given to persons in charge of trains or other public conveyances,
and the authority to expel and also to receive passengers by reason
of intoxication, or when he is offensive and disagreeable to others, or
when he refuses to conform to reasonable regulations in his conduct,
or is disorderly or indecent, is a well established custom and law.
If a conductor has for any of the reasons mentioned to reject any
passenger or passengers, he must however rebate the offending
passenger or passengers the unearned portion of their fare.
Conductors Have Police Powers. — The conductor of all pas
senger trains, steamboats, ferries or other passenger carrying cor-
porations or companies, have universal police powers, wherever
their trains run.
Conditions Stipulated on the Back of a Ticket. — Railroad
corporations are common carriers, and any condition they may as-
sume to give notice of, by a notice on the back of ticket sold, other
than the ordinary regulations and rules of the laws governing them,
by their charters, are ultra vis viva, which, in law, means " beyond
power of acting." It is their duty to protect the life and property
of the passengers, so far as precaution and care can do so, but it
matters not whether they carry passengers free or for four cents
per mile, it does not change their responsibility.
TART III —CHAP. VI.
UKNKKAL LAW OK INNKEEl'EUS.
An Innkeei'EH in liable a8 an iuHurer of the property of liin
guewtH within his charge against everything but the act of God, or
the public enemy, or the negligence or fraud of the owner of the
property. No npecial delivery of the gooda to the innkeeper in
neceHsary to charge hiiu, if they are in his cuHtody in the UHual
manner ; but he may protect himwelf by requiring reasonable pre-
cautionH from the guent, an that he shall deposit money or jewelry
in a i)articular place for safekeeping. It is held that he cannot re-
fuse to receive a guest without good cause. An innkeeper in not
only liable like any other jjerson for loss or injury caused by his
own default or negligence, but also for the loss of or injury to prop-
erty of a guest, without the innkeeper's own default of any kind.
As against these liabilities, he has a lieu on the goods of his guests
for charges, but no lieu on his person.
I'AUT IV.-CIIAl'. VI.
OENKUAI, I'UOVISIONS (lOVKKNINd TKI.EdllAI'H COMI-ANIKH.
Ne(»mukn<'k and J)iH(U,osimK. — Tolc'griii)li coiiiptinioH ai-« liuble
for Mi)(;cial daiim^'fis occiiHioned by failiiro or in'^'li^'cme of their
oporatorH or HervantH, in receiving, co]n'iii<(, tranHiuitting, or deliver-
ing (lispatdioH, or for the discloHure of the conteiitH of any private
dispatch to any person oth«'r than io whom it was a»MresHed or Iuh
agent. Special daniageH recoverable under tluH Hcction cannot be
barred by regulatioiiH of the company concerning repeating of luew-
BUgeH.
Admissible Mkshaoes. — If a message bo couched in decent lan-
guage, the com})any is bound to transmit it without iu(|uiry as to
the motives of the sender.
Deliveuy op Messaoes. — The company is bound to deliver
promptly all messages, within one mile of the office where received,
by a competent messenger, to the person to whom addressed or his
agent, on payment of the charges due for the same, as the contract
for which the company receive the charges is not fulfilled until so
delivered.
CoNTUACTS BY Teleghapii.^ — Contracts made by telegraph, be-
tween two or more persons, shall be considered a,: binding as any
contract in writing.
Penalty for Disclosing. — Whoever being an operator, clerk,
servant, or messenger of any telegraph company, discloses the con-
tents of any message sent or received (except in a court of law as
evidence) can be punished in some States as high as $500, and in no
State less than $10 for every such offense.
PART v.— CHAT. VI.
COMMON CAKRIER.
Who they abe. — Tlie law regftidH every forponitioii, foiiijtaiiy,
or indiviiluul iih a fomiuon carrier who uudertaken for coiiipensaliou
to carry goodu from place to phu^efor the public. Tlio claHH iucliuleu
proprietorH of Btages, owiierH of veHHels, railroad aiul exprcHH coiu-
paiiieH, and thoHe generally who, on particular roiiteH, or aH they
may be directed, hold thembelves out an carrierH for the public. A
common carrier muat carry safely for all who may ofVer to employ
him, and iH bound to deliver within a reauonable time ; and he \h an
insurer against all loss of damage to the property carried except
such as may occur by the act of God or the public enemy. He may
coutract with his employer for a limitation of his common law lia-
bility, but he cannot impose restrictions upon it by his own act
merely. In some of the States it is modified by statute. A carrier
may demand payment of his charges in advance, or otherwise stip-
ulate regarding them ; he has a lien for all such charges upon the
goods carried.
Common Caurieus in England, such as railroads, which receive
goods to be curried over a connecting line, and receii)tH accordingly,
is liable as carrier to the point of ultimate destinatiou ; but in the
United States and Canada, it has been decided by the courts of
equity, that they are only liable for its own route, and for safe and
prompt delivery to the next carrier, unless by contract a further
liability has been assumed. Common carriers of persons are those
who hold themselves out as carriers for hire of such as may ofler,
and who thereby become bound to carry all who ofier. They un-
dertake to carry, in suitable vehicles, with the most ajiproved ap-
pliances, with reasonable despatch, and without negligence ; and
though not insurers of the safety of their passengers, they become
largely such by the great care and vigilence expected from them in
the exercise of their duties to life and property.
The Negligence of the carriers, agent, or servant in the con-
duct of their business, is the negligence of such corporation or
company in the eyes of the law.
304 HEADY KEFERENCE MANUAL.
The Verdict ok Jukies ou Puulio Puejddices are too often
brought in play with justice, aud damages awarded when the pas-
senger ijossibly was violating the rules and regulations of the com-
pany or railroad. The law will not undertake to apportion the re-
sponsibility. At connuou law the carrier is not liable for civil claims
of damages for deaths; but in the United States and England
damages are now recoverable in such cases by statutes, fixing the
liability upon them.
PART VI.— CHAP. VI.
THE LAW OF FINDING.
The law of finding ia tliat the finder has a ch;ar title aj^ainst
eveiyono but the owner. The proprietor of a hotel or a «hop has
uo right to demand the property or preiuiseb. Such proprietor
may make regulations in regard to lost property which will bind
their employees, but they cannot bind the public. The law of find-
ing was declared by the King's bench over lUO years ago, in a case
in which the facts were these :
" A person found a wallet containhig a sum of money on a shop
lloor. He handed the wallet and contents to the shopkeeper to be
returned to the owner. After three years, during which the owner
did not call for his property, the finder demanded the wallet and
the money from the shopkeeper. The latter refused to deliver
them up on the ground that they were found on the preuiises.
The former then sued the shopkeeper, and it was held as above set
forth, that against all the world but the owner the title of the
finder is perfect. And the finder has been held to stand in the
place of the owner, so that he was permitted to prevail in an action
against a person who fouiid an article which the plaintiff had orig-
inally found, but subsequently lost. The police have no special
rights in regard to articles lost, unless those rights are conferred
by statute. Receivers of articles found are trustees for the owner
or finder. They have no power in the absence of special statute to
keep an article against the finder, any more than the finder has to
retain an article against the owner. But the finder should advertise
the same inl make diligent ellbrts to find the owner.
CHAPTER VII.
MISCELLANKOUS INFOKMTION.
PART I.— I'(>iiils<.f Hiisinoss r.:i\v in Daily Use. TART ll.-('lii-k"s Inter-
est Tallies. ['ART ill. — DiU'ereiiee in Time lietweeii New Yoik ami
San I'" raiieiseo and intermediate jilaees. I'ART IV. — Value »)f Foreign
t'oin.s a.s re;;nlated \>y tlie United States Director of the I\Iint, January
Ist, IKS!). l'.\ RT v.— U. S. Passport Regulations. I'AKT VI.— Auiend-
inents to Canadian Postal fiaws.
PART I.— CHAP. VII.
POINTS or UU3INESS LAW IN DAILY USE.
If a note is lost or stolen, it does not release the maker ; he
must pay it, if the consideration for which it was given and the
amount can be proven.
Notes bear interest only when so stated.
Principals are responsible for the acts of their agents in civil
actions.
Each individual in a partnership is responsible for the whole
amount of the debts of the firm, except in cases of special partner-
ship.
Ignorance of the law excuses no one.
The law compels no one to do impossibilities.
An agreement without consideration is void.
A note made on Sunday is void.
Contracts made on Sunday cannot be enforced.
A note made by a minor is void.
Contracts made with a lunatic are void.
It is a fraud to conceal a fraud.
The acts of one partner bind all the rest.
A receipt for money is not always conclusive evidence.
Signatures made with a lead pencil are good in law.
A note obtained by fraud cannot be collected.
A note obtained from a person intoxicated cannot be collected
at law.
POINTS OF HUHINE8S LAW. 307
" Value received " is usually written in a note, and should be,
but it is not necessary. If not written, it is presumed by the law,
or may be supplied by proof.
The maker of an " accommodation " bill or note ( one for which
he has received no consideration, having lent his name or credit for
the accommodation of the holder) is not bound to the person
acconunodated, but is bound to all other parties, precisely as if there
was good consideration.
No consideration is sufficient in law if it be illegal in its nature.
Checks or drafts should be presented during lousiness hours,
but in this country, except in the case of banks, the time extends
through the day and evening.
If the drawee of a check or draft has changed his residence,
the holder must use due reasonable diligence to tind him.
If one who holds a check as payee or otherwise, transfers it to
another, he has a right to insist that the check be presented that
day, or at farthest, on the day following.
A note indorsed in blank ( name of the indorser only written )
is transferable by delivery, the same as if made payable to bearer.
If the time of payment of a note is not inserted, it is held pay-
able on demand.
The time of payment of a note must not depend on a contin-
gency. The promise must be absolute.
A bill may be written upon paper, or substitute for it, either
with ink or pencil.
The payee should be distinctly named in the note, unless it is
payable to bearer.
An indorsee has a right of action against all whose names were
on the bill when received by him.
If the letter containing a notice of protest of non-payment be
put into the post office, any miscarriage does nut affect the party
giving notice.
Notice of protest may be sent either to the place of business or
of residence of the party notified.
The holder of a note may give notice of protest either to all the
previous indorsers or only to one of them ; in case of the latter he
must select the last indorser, and the last must give notice to the
last before him, and so on. Each indorser must send notice the
308 BEADY llEFERENCE MANUAL.
aaum clay or the clay following. Neither Sunday or legal holiday is
to be counted in reckoning the time in which notice is to be given.
The loss of a hill or note is not sufficient excuse for not giving
notice of protest.
If two or more persons are jointly liable on a note or bill, due
notice of jn'otest to one of them is sufficient.
• If a note or bill is transferred as security, or even as payment
of a pre-existing debt, the debt revives if the bill or note be dis-
honored.
An indorsement may be written on the face or the back.
An indorser may prevent his own liability to be sued by writing
"without recource " or similar words.
All claims which do not rest upon a seal or judgment must be
sued withiu the statute of limitation where contracted.
Part payment of a dabt usually revives an outlawed claim.
No evidence may be introduced to contradict or vary a written
contract, but it may be received in order to explain it when such
contract is in need of explanation.
If a bank pays a forged check, the loss falls upon it, as it is
bound to know the signature of its own depositor. If a chcsck or
bill is fraudulently rai.sed, the drawer is chargeable only with the
original amount.
PART II. CHAP. VII.
CI-Anic's INTEREST TAI'-LES.
For illustration, wo will suppose that A borrows from the liuild-
iiig Society, $1000, repayable by Clark's interest, based upon 4 per
cent in 20 semi-annual instalments. The Society wouhl draw up a
mortcjatjc upon A's house and lot for .$1400, repayable in ten years
by semi-annual instalments of ijiTO each. How they arrive at this is
as follows: — The interest for one year at 4 per cent upon $1000
would be $40; for ten years, $400; this is added to the ])rinciple,
which makes $1400; divided into 20 instalments of $70 each. To
show the actual rate of interest that the borrower pays, we will as-
sume tliat if the borrower were to deposit the amount in a bank that
would allow him C per cent on his dciposits (as most men can invest
money in the safest of securities at (i ])er cent) and .see what amount
lie would have by compounding interest at the end of ten years,
when he made his last payment to the IJuilding Society: —
First INST .\I,ME\T pjiid l)y lioi rower .-it end off! months $70 00
At end of lirst vc;ir, interest upon $70 at () per cent -- '-^ 10
I'nd InslitJMieiit'piud in _ 70 00
Total iim'l in l)!in]< at end <inirst year !?1 l"i 10
interest upon .SI l-J.KI tor (J iiio's at'fi per cent -I ~'>^
:ird Instai.mk.nt due and jiaid in 70 00
Total aniT in iianlv at end of l!^ luo's - $-Hi '•<■>
liiteicst n])on S'.'Hi.:':! for (» mo's at ti ]ier cent •> ••'
■Itli 1nst.\i,.mi:nt due and [laiil in 7(» (H)
Total am't in l.aidv at end of 3 years !=!2!)3 H'i
Interest upon .'if'.'K'J.S'J for mo's at (i per cent - M 7S
•"itii Instai.mknt due and paid in - 70 00
Total am't in hank at end of "2 ', years - $I!71 (>0
Intei'est n|)on $:)7 1.(10 for (i mo's at (i per (;ent 11 '1
•itli IxsTAl.MKNT diK! and iiai<l in 70 00
Total amount in hank at end of :> years _ S^">- 74
interest upon >il."")i>.T( for (i mo's at (i per cent i;! oS
7th Instalmknt due and paid in 70 00
Total am't in liank at end of ;5.l years ..- - >}'>-W -',2
Interest upon .'ji.'ilJO.JW for (i mo's at per cent l'> OS
8th Instalment due and paid in 70 00
Total am't in hank at end of 4 years. $B22 33
Interest upon $0'W.33 lor (5 mo's at 6 per cent 18 67
310 HEADY REFERENCE MANUAL.
Otli Instai.mknt due and paid in $ 70 (K)
Total ain't in l.anlv at end of U years $710 9!)
liitcivst upon 87 1 ().!!!) for (» nio's at 6 per cent 21 :W
lOtli iNSTAL.MKNT (lu(! and paid in 70 00
Tola! ain't in hank at end of 5 years $802 32
Inleresi npon SHO',>.;{-,> for (> nio's at per cent 24 07
litii Lnstai.mknt due and i)aid in 70 00
Total am't in hank at end of 5^ years SMOG '.]9
Interest upo.i $S!MI.:i!) for () nio's at ft per cent 26 HO
1 2tli Instalment due and i)aid in 70 00
Total ain't in })ank at end of years __ §!)!»:$ 2M
IntiM-est ni)on !i!!)0:i.2.S for nio's at per cent 20 70
Kith Instalment due and paid in 70 00
Total am't in hank at end of fil years .*;i()i);{ 07
Interest upon $100;i.07 for <> nio's at per cent ;{2 70
14th Instalment duo and paid in 70 00
Total am't in hank at end of 7 years !?l1!»r) sti
Interest npon §1 l!t."i.8() for (> nio's at <i percent '. 'Mi (>7
mtli Instalment due and paid in 70 00
Total ain't in hank at end of 71 years _ . . $lii01 7!$
Interest n])on 8l'>01.7;i for (5 nio's at per cent. JJO or>
Kith Instalment due and paid in 70 00
Total ain't in hank at end of 8 years §1410 78
Interest ujioii sl41().7H for (i ino's at per cent 42 ;{2
I7tli Instalment due and paid in 70 00
Total ain't in hank at end of 8.1 years SJIW:? 10
Interest upon 81.">2;!.10 for (! nio's at <5 per cent 4^> <>0
isth Instai-ment due and i)aid in 70 00
Total ain't in hank at end of 9 years §10:58 79
Interest npon §1(>;{8. 79 for () nio's at fi per cent 49 16
19th Instalment due and paid in 70 00
Total am't in hank at end of 91 years !iil7r)7 9r.
Interest upon S1T')7.9.") for (i nio's at <> [ler cent 52 7!5
2iMh Instalment due aii<l paid in TO 00
Total !i mount in hank at end of 10 years §188(1 (18
The actual interest paid hy the horrower upon his loan as ahove would
he 8 l-."ith percent, iier annum.
PART III. CHAP. VII.
DiFFKKENCE of time between New York City and tbe CiticH named.
A travler, setting liis watcli with Ni-w York time, which is calh-d
Eastern time, he would find the difterence by arriving at the places
below : —
Buffalo, New York State the same time.
Detroit, Michigan State one hour slow,
Chicago, Illinois,
u
i.i
i(
Hock Island, "
(k
11
((
Cincinnati, Ohio,
k(
(1
n
Cleveland, "
u
(t
4(
Burlington Iowa,
u
((
(1
DesMoines, "
u
4(
((
Galveston, Texas,
((
((
a
Indianapolis, Ind.
(i
ii
n
Fort William, Canada,
((
a
(1
St. Paul, Minnesota,
((
a
n
LittleRock, Arkansas,
a
((
a
New Orleans, Louisiana,
"
4fc
(1
Winnipeg, Man., Canada,
two hours
slow.
Salt Lake City, Utah,
((
Omaha, Nebraska,
((
Levenworth, Kansas,
a
Bismark, Dakota,
((
San Antonia, Texas,
((
San FrancLsco, Cal., three hou
rs slo
w
Seattle, Washington Ter.
((
(1
Victoria, British Col. Can
a
((
The distance from New York Citj'to SanFrancisco is 3317 miles,
or 150 ;!|i hour's ride by regular railroad time. November 18th,
1883, Sanford Fleming, D. L. S., of Ottawa, (Janada, had adopted what
is known as the standard time : Dividing the Continent into live
time-belts, as follows) : Atlantic district includes the Canadian Ter-
ritory east of Quebec, its time fixed upon the GOth meridian. The
Eastern district extends west to Buffalo, having the time of the
75th meridian; The Central district extonds to Kansas City, being
the 90th meridian time. The Mountain district being the 105th
meridian. Pacific time covers the 120th meridian. Atlantic time is
four hours slower than Greenwich England ; I'^astern time five
hours ; Central time six ; Mountain time seven ; and Pacific time
eight. The reader will not confound the table above, which is
Standard railroad time, with the Greenwich time.
PART IV. CHAP. VII.
UNITED STATES ESTIMATE OF VALUES OF FOREION 0OIN8 AS
RKdULATED JAN., 1881), UNDEU SECTION
35(!4, U. H., U. B. A.
Ccu:i',ry. Name of coins. U. S. Value.
Argentine Kejiublio Peso $ 9G 5 inilla
Austria Florin 33 6 "
Belgium Franc 19 3 "
Bolivia Boliviano - . 68
Brazil Milreis 54 "
British Pussrssions N. A. Dollar 1 00 "
Chilli Peso 92 2 "
Cuba-.- - Peso 92 G "
Dennjai ic Crown 26 8 "
Eucador --Sucre 68
Egypt - .Pound - - - - . 4 94 3 "
France . - - Franc - - 19 3"
German Empire Mark 23 8 "
Great Britain Pound sterling 4 86 Gj
Greece Drachma 19 3"
Gutemnla . . . . Peso _ - - 68 "
Hayti - Gourde --- 96 5 "
Honduras Peso . - 68
India - - -Rupee . - 32 3 "
Italy - , . - Lira 19 3 "
Japan Yen 99 7 "
Liberia Dollar 1 00
lilexico . - Dollar 1 00
Netherlands - - .Florin 40 2 "
Nicaragua. . - - - Peso - - - . 68
Norway - Crown - 26 8 "
Peru Sol 68
Portugal Milreis 1 00
Russia. - - - Rouble 54 4
Spain Peseta 19 3 "
Sweden Crown '. . . 26 8 "
Switzerland Franc 19 3 "
Tripoli - Mahbub 61 4 "
Turkey - Piastre 04 4 "
United States Columbia Peso 68
Venezuela Bolivar 13 6 "
PART v.— CHAP. VII.
O. H. PASSPORT UEGULATI0N8.
Citizens of the United States visiting foroign countrieg are
liable to serious iucouveuieiice if unprovided with iiuthfutic proof
of their national character. The best safeguard is a 2)aH8port from
the Dei)artment of State, certifying the bearer to be a citizen of the
United States. Passports are issued onlj' to citizens of the United
States, upon application, supported by proof of citizenship.
Citizenship is accjuired by nativity, by naturalization, and by
annexation of territory. An alien woman who marries a citizen of
the United States thereby becomes a citizen. Minor children resi-
dent in the United States become citizens by the naturalization of
their father.
When the applicant is a native citizen of the United States he
must transmit his own affidavit of this fact, stating his age and place
of birth, with the certificate of one other citizen of the United
States to whom he is personally known, stating that the declaration
made by the applicant is true. The affidavit must be attested by a
notary public, under his signature and seal of office. When there
is no notary in the place, the affidavit may bo made before a justice
of the peace or other officer authorized to administer oaths; but if
he has no seal, his official act must be authenticated by certificate
of a court of record.
A person born abroad who claims that his father was a native
citizen of the United States must state in his affidavit that his father
was born in the United States, had resided therein, and was a citi-
zen of the same at the time of the applicant's birth. This affidavit
must be supported by that of one other citizen acquainted with the
facts.
Naturauzed Citizens. — If the applicant be a naturalized citizen,
his certificate of naturalization must be transmitted for iiisi)ection
(it will be returned with the passport), and he must state in his affi-
davit that he is the identical person described in the certificate
presented. Passports cannot be issued to aliens who have only
declared their intention to become citizens.
Military service does not of itself confer citizenship. A ])erson
of alien birth, who has been honoi ably discharged from mililnry
service in the United States, but who has not been naturalized,
should not transmit his discharj^e paper in application lor a pass-
port, but should ap)>ly to the proper (rourt for admission to citizen-
ship, and transmit a certified copy of the record of such admission.
In issuing passports to naturalized citizens, the depaitment
will be guided by the naturalization' certificate ; and the signature
to the ajjplication and oath of allegiance should conform in orthog-
raphy to the applicant's name as written in the naturalizatiori paper.
20
314 READY REFERENCE MANUAL.
p]very ftpplicaut is required to state Iuh occupation and the
place of liis ponuaneut legal reHidenco, and to declare that he goes
abroad for temporary sojourn and intends to return to the United
States with the purpose of residing and performing the duties of
citizenship therein. The wife or widow of a naturalized citizen
nuist transmit the naturalization certificate of the husband, stating
•in her affidavit that she is the wife or widow of the person described
therein. The children of a naturalized citizen, claiming citizenship
through the father, must transmit the certificate of naturalization
of the father, stating in their aflidavits that they ar(! children of
the person described therein, and were minors at the time of such
naturalization.
The oath of allegiance to the United States will be required in
all cases.
Ai'PLioATioNS. — The application should be accompanied by a
description of the person, stating the following particulars, viz. :
Age, years. Stature, feet, inches (English measure).
Forehead, eyes, uo.se, mouth, chin, hair,
complexion, face, .
If the applicant is to be accompanied by his wife, minor child-
ren, or servants, it will be sufficient to state the names and ages of
sucli persons and their relationship to the applicant, when a single
passport for the whole will suffice. For any other person in the
party a separate passport will be required. A woman's passport
may include her minor children and servants.
Fee Required. — By act of Congress approved March 23, 1888,
a fee of one dollar is recpiired to be collected for every citizen's
passport. That amount in currency, postal money order, or postal
note should accompany each application. Orders should be paya-
ble to the disbursing clerk of the deparlment of State.
A passport is good for two years from its date and no longer.
A new one may be obtained by stating the date and number of the
old one, paying the fee of one dollar, and furnishing satisfactory
evidence that the applicant is at the time within the United
States.
Citizens of the United States desiring to obtain passports
while in a foreign country must apply to the chief diplomatic repre-
sentative of the United States in that country, or in the absence of
a diplomatic representative, then to the consul-general, if there be
one, or, in the absence of both the officers last named, to a consul.
To persons wishing to obtain passports for themselves, blank
forms of application will be furnished by this department on re-
quest, stating whether the applicant be a native or a naturalized
citizen. Forms are not furnished, except as samples, to those who
make a business of procuring passports.
Communications should be addressed to the department of
State, epdorsed "Passport Division," and each communication should
give the postoffice address of the person to whom the answer is to
be directed. Professional titles will not be inserted in passports.
I'ARTVI— CHAP. VII.
AMKNDMKVTTO TUB "I'OST Oh'VWK ACT" OI' TIIK DOMINION OPCANAHA.
(AH««-iif.-«l to May 2<1. 1HHn.|
PoHT Okkice Dei'Autmknt, Canada.
OrrAWA, 2()Tii May, IHHO.
Tlio attention of |»ostm.isters is (r.allcd to tlic foUowinj; diiingcs
in the ratcH of jiOKfa^e eon«e(|iient on tlie ])asNin^ of tlie act to
amend the post oflice :u:l, 52 Vict., chapter 20: —
1. The reo;iHtratioii fee ii|)r)n htters and upon allotlier matter
transmissihh' hy ni.'iil within tlie Dominion of Canarhv, to New-
foundland or tiie I'liiteil States, will be five cents — to he prepaid
hy stamp. All elaKK«'K of matter posted in and acMressed to C'anada
may he rej^istered.
2. The rate of postajje u[»on letters passing from one post
of^u!e to another within the Dominion or 1o the United States is
tiiree cents |)er oiinc*- or fraction tliereol', to he pre|>aid hy postatije
stamp.
Ivt'tters addressed to any place in Canada upon wliich any
postajjfe lias heen prepaid hy stamp are to l)e forwarded to their
(h'stination cli:ir<,'ed with rhmhie the amount of the postage thereon
not so prej»ai<l, wiiicli amount is to he collected on delivery.
.3. The postage upon "Drop Letters," that is letters posted and
delivered at the same post oflice, is one cent per ounce to he prepaid
hy ])ostage stamp, excM-pt in cases when' there is a delivery hy letter
carriers, when the rate is two cents per ounce to he prepaid hy
postage stamp.
Letters jtosted at siihurljan post offices where there is no deliv-
ery hy letter carriers, addressed to the cities where there is a
deliverv hy letter carriers, of which such ottices are suhurhs, will
he charged two (tents.
4. The rate of postage on newspa))ers and periodical publica-
tions printed and published in (.anada, and issued less freijuently
than at intervals of one month, from a known oltice of publication
or news agency, and ad<lresse(l and posteil by and from the same to
regular suiis(!ril)ers or newsagents, and on all specimen newspapers,
is one cent )»er jioiind or fra<;tion of a pouml, to he prejiaid hy post-
age stamp or otherwise as the postmaster general from time to time
directs.
5, The following ch.'inj'os have been made in the definition of
a newspaper: —
816 READY UEFEURNCE MANUAL.
•'Such ncwHpaiH'r or periodical Ih known utxl rccoj»ni/f(l as a
ncwHpapcr or iK-noaical in the generally received senHeof the word
and consiHts wholly or in great |)art of [xditical or other news, or
articiIoH relating thereto, or to other eiirndit topicH, an<l in published
regularly at intervals of not more tluui oiu' month."
"'{'lie full title, place and date of puhlication, and the distin-
guishing number of tlu^ issue, are printed at the top of the Hrst and
every rtubse<|nent page, and also on any paper, print, lithograph or
engraving purporting to be a supplement to it and sent with it."
(J. The rate of postage uj»on all newspapers and periodicaJH
posted in Canaihv not otherwise provided for, and on hooks,
pamphlets, occasional puhlications, printed (iirculars, pri(res current,
hand liills and other matter wholly in print, aiul on packages of
Heeds, cuttings, bulbu, roots, scions or grafts, patterns or samples of
goods or merchandise, is one(!ent per four ounces or fraction thereof
to be prepaid by postage stamji or staiuped postband or wrapper.
7. U{)on all book and newspaper manuscript, jtrintcrs' proof-
sheets, wiu'tlier corrected or not, maps, prints, drawings, engrav-
ings, lithographs, photographs, when not on glass or in cases con-
taining glass, sheet music whether j)rinted or written, chicuments
partly jninted or written, not being letters or intended to serve the
purpose of letters — such as deeds, insurance policies, militia and
H(!hool returns, or other documents of like nature, — and on all other
miscell.ineous matter transmissible by post not otherwise provided
for — the rate of postagi' is one cent for each two ounces or frac-
tion of two ounces to be prepaid by postage stamp" or stamped post-
band or wrap])er.
H. The particular attention of postmasters is called to tlu^
following provisions of the statute as respects the collecticui of
customs' duties : —
"Every postmaster, clerk or other person employed in the
postal service of Canada shall detain any post letter, ))arcel, paitkage
or other article of mail matter, which contains or is 8usj)ected to
contain any contrabaiul goods, or any goods, article or object sub-
ject under any customs or otlier rcveiuie law to <luty on being im-
ported into ('ana<hi, or the importation of which into Canach'i is
prohibited, and shall deliver the same to a collector or other jtrojM'r
otticer of customs, who may cause the same to be opened in his
presence and for his inspection by the person to whom it is ad-
dressed, or some one by him thereto authorized, for the purpose of
ascertaining and exacting the proper amount of duty, if any, pay-
able thereon; and after ])aymeiit of <luty, if any is found to be
l)ayable, the letter, parcel, package or any other article of mail
matter shall, if the person to whom it is addressed or his authorized
agent is present, be hamh'd over to him on his j»aying the postage,
if any, charged thereon, or if he is not present, it shall be returned
to the post otlicH' and be forwarded to the ])lace to which it is ad-
dresseti; but if such post letter, parcel, package or other article of
mail matter is found to contain contraband goods or any article the
AMENDMENT TO 1'. (). ACT OF CANADA. 817
importation of wiiidi Ih Ity Ihw |>ro)iil)itc<l, the Naiiii> hIi.-iII Im- I'ur-
fi'itcfl ami he ilcalt with as the law dirt'cts."
Attention i.s also callol to seution llMot' the said act, wliich,
iiH iinn tnU'd reads as t'oMows: —
"Every othcer, (derk and person eni|iIoyed in the jxistal service
of Canada ^<hall he deemed and hehl to i>e miphtyi'd in I lie preven-
tion of Kniiii;<,dinj; and for the enforeement of the revenue laws f>f
Canada and shall he sidijeet to all the re(|iiiremt'iiis and penalties
and vi'Nted with the like protection as that provided for under tiie
CustomH and Atnlit Acts, and no such ollicer, clerk or person shall
(h'liver or permit to he delivered to tlu' person to whom it is ad-
di'essi'd any post letter, parcel or package, or other article of mail
matter whndi contains or is suspected to contain any dutiahle i^oods
until the duty payahle thereon under any act rcspi-ctiiii,' the cus-
toms has heen paid to an otlicer of <!iistoms in the manner prescrihcd
hy law or hy ret,ndations in that heliall."
The law imposes the same ohlit^ations on the oHicers of the
tw<» (h'partments, and the ohject soiiirht is the prot«'ction of the
revenue, which will he iiest attained l>y vis^ilancv and harmony <d'
action on the part of those otlicers throu^L^h whose hands dutial>le
mail matter is required to pass.
.H)IIN(;. HA(i(;ART,
J'ostinaster (ieiieral.
(NoTK. — As tile I'ostal ]{(';fuliilions nf ('aiiiida upon paK*' l'i'> were in
press when the alMi\r ilcpiirtiiiciilal onlcr was is.siicii. making; ciTlain iin-
IMirlaMt clian};;es, we have lieeii ciiiiipcllcil to insert it in this cliapter. —
AUTIIOK.J
CHAPTER VIII.
I'Alt'l" I. — All OiilliiM- of Uiiiti'd Stiitfs loriii ol' ( lovcrniiii-nt : Declaration
ol' 1ii(1('|h'1hIi'Iii(' of tlic L'liitcd States; Coiistitutiou ami AnieiKliiieiits
tlicretoof tlie U. S. I'AKT II.— The Manila Cliaiterof KiiiK Jolm of
KiiKlaiid. I'AUT 111.— HioKraiiliical Sketches of the Lives of tlio
United States i'ri'sidents from \V;i.shiiiytoii to (Jeiieral Harrison.
TAUT IV. — Facts aitout the Koyal Family of (ireat Britain and ii
sketch of her Majesty's residence ; u l)rief outline of Canada's greatest
htatusman, Sir John A. MacDcjiuild.
PART I— CHAP. VIII.
AN OUTLINE OF UOW THE UNITED STATES GOVERNMENT lb EOKMED AND
U. H. COURTS.
The States of the Union in their internal all'airs are independ-
ent ; they delegate a portion of their power to a central govern-
ment, 'vhose laws are paramount to State authority, if the laws are
constitutional. The government consists of three branches : The
executive, legislative and judicial. The execution power is vested
iu the President, who with the Vice-President, is elected every four
years, by an electoral college, each State returning as many electors
as they are entitled to Senators and Members of Congress. These
electors are chosen every presidential election in each State. The
electors meet in each State on the first AVednesday in December
and cast their votes for the ticket they were elected for. That is
the electors are chosen by the republican party as candidates to
vote that ticket, and for the democrats or prohibitionists (as the
party may be) to vote their respective ticket, or in other words
chosen to perform without discretion that party, State or official
act only. On the second Wednesday in February the certificates of
the votes from all the States as cast, are opened by the President
of the Senate in presence of the two houses of Congress, when the.
votes are counted and the result declared. The official term of the
offices declared elected begins on the 4tli of March following. In
case of the removal by death, resignation, or inability of the Presi-
dei4) the Vice-President succeeds to the ^jresidency, and if the dis-
ability be not temporary, serves the remainder of the presidential
term, and in case of failure of both President and Vice President,
the President of the Senate pro teiiqnwe, or in case there be no presi-
dent of the senate, the Speaker of the House of Representatives is
to act as president.
On December: 15th, 1885, the following amendment to the suc-
cession was enacted "That in case of removal, death, resignation or
inability of both President and Vice-president of the United States,
the Secretary of the State, or if there be none, or in case of his re-
U. S. GOVEllNMENT. 319
nioval, death or resignation, or inability, then the Secretary of the
Treasury, or if there be none, or in case of his removal, death, rebig-
natiou, or inability, then the Attorney- General or if there be none,
or in case of his removal, death, resignation, or inability, then the
Postmaster General, or if there be none, or in case of his removal,
death, resignation or inability, then the Secretary of the Inteiior,
shall act as President or Vice President or is removed or a president
shall be elected. Provided, that whenever the powers and duties
of the office of President of the United States shall devolve upon
any of the persons named herein, if Congress be not in session, or
if it would not meet in accordance with law within twenty days
thereafter, it shall be the duty of the person upon whom said
powers and duties shall devolve to issio a proclamation convening
Congress in extraordinary seesici), c;ivmg twenty days' notice of the
time of meeting.
Sec 2. That the preceding section shall oidy be held to
describe and apply to such officers ai- r^liall have been upi)ointed by
the advice and consent of the senato to the offices therein named,
and shall as such only be eligible to the office of President under the
constitution, and not und.jr inipea< huient by the House of Repre-
sentatives of the United States at the time the powers and duties of
the office shall devolve upon th'^ni respectively.
When there is no election o' President by the people for want
of a majority of electoral votes for any one candidate, the house of
representatives chooses the president from the three having the
highest votes, the body of representatives from each State, casting
a single vote. When the election results in no choice for Vice-Presi-
dent, that officer is chosen by the Senate from the two who have
received the highest number of votes.
Note. — (To make this more distinctly understood, we will give
an example : Suppose A was the republican candidate for Presi-
dent, C was the democratic candidate, D the prohibition candidate and
E was the united labor candidate. A receives in the electoral college,
125 votes, B receives 100 votes, C 75 votes and D 40 votes, tind the
total college vote was 340, thus it would re(iuire some one candidate
to obtain 171 votes to be elected, in which case none of the candi-
dates would be elected, and only A B and C would be eligible to
have their names presented to the Senate for to be chosen Presi-
dent, as they are three highest.)
The President may be removed by impeachment, for and on
conviction of treason, briber j', or other high crimes and misde-
meanors. He is commander-in-chief of the army and navy, and of
the militia of the several States when they are called into actual
service of the general government, and he has power, by and with
the advice and consent of the Senate, to make treaties, and to ap-
point ministers and other public officers of the United States whose
appointment is not otherwise provided for. The President receives
a salary of $50,000 a year, and the Vice-president $10,000. All
acts of Congress, over which he has a veto, must be presented to
320 HEADY llEFEUENCE MANUAL.
him before they become law. Laws can be passed ovfir his veto V)y
a two-thirds vota of tlie majority, in both houses of congi'ess. The
president is assisted by a cabinet of seven, called the secretaries of
state, of the treasuryi of the interior, of war, and of the navy, the
attorney-general, and postmaster general, who are nominated by
him and confirmed by tbe Senate, and are the heads of the seven
executive departments of the government. They receive $8000 a
year each. The principal duties of the Secretary of State relate to
foreign allairs. Besides other matters relating more dire(!tly to
finance, the Secretary of the Treasury superintends tlie colhjction of
duties and internal revenue. There are in the department of the
treasury a treasurer, commissioner of customs, commissioner of in-
ternal revenue, and comptroller of the currency: also a bureau of
the mint, which has under its control all the mints and assay otKces
of the United State.s. The Secretary of the Interior is charged
among other things with the supervision of public business relat
ing to the census, public lands (including mines), Indian jjensions,
and bounty lands, patents, custody and distribution of publications,
education, and certain duties relating to territories. The most im-
portant of these functions are intrusted to the commissioner of the
goneralland office, commissioner of Indian affairs, commissioner of
pensions, commissioner and assistant commissioner of patents,
superintendent of public documents, and commissioner of educa-
tion, who are appointed by the President with the consent of the
Senate. The department of agriculture (which is not an executive
one), under the charge of a commissioner of agriculture, is designed
to obtain and diffuse useful information relating to agriculture, and
to procure and distribute new and useful seeds and plants. Tbe
jiational legislature consists of a congress composed of a Senate and
House of Representatives. The Senate consists of two Senators
from each State, chosen by the respective legislatures for six years,
in such a way that one-third of the whole body goes out of office
every two years. The Vice-J 'resident of the United States is presi-
dent of the Senate ex officio and the Senate elects a president ^>n)
tempore to serve in his absence ; the vice-president has only a cast-
ing vote. The senate has sole power to try all impeachments. The
House of Representatives is coTnposed of meinbers chosen for two
years by the people of each State. They are apportioned among
the several States according to their representative population, ex-
cluding Indians not taxed. Every State is at least entitled to one
representative. There are also delegates, one from each organized
territory, who are entitled to speak in the House, but not to vote.
The election for representatives and delegates to Congress is held
biennially on the Tuesday next after the first Monday in November
in even years. The House of Representatives chooses its own
speaker and other officers : has sole power of impeachment ; and
originates all bills relating to revenue. Members of both Senate
and House receive )i!5000 a year and mileage at the rate of 20 cents
for each mile of travel in going to and returning from the seat of
government. The pay of the Speaker of the House is $8000 a year.
U. H. OOVEllNMENT. 321
The ref^ular HessiouB of Congross begiu on the first Monday of De-
cember in each j'car, and extra sossioua may be called by the Presi-
deut. The term of olHce of the representatives, and conseiiuently
the duration of eacth Congress, expires by law on the 4th day of
March of every odd year. Congress has power to lay aud collect
taxes, imposts, and excises, which must be uniform throughout the
United States ; to borrow money on the credit of the United !States;
to reguhite (!ommerce witii foreign nations ; among the several
states, and with the Indian tribes ; to coin money ; to define and
punish piracy aud offences against the law of nations ; to declare
war; to raise and support an army and navy; to provide forrialliug
forth the militia when reiiuired; and to exercise exclusive legisla
tion over the District of Columbia. The judiciary comprises a
Supreme Court, Circuit Courts, District Courts, and the Court of
Claims. There are also the Supreme Court of the District of Co-
lumbia, and the Territorial Courts, the judges of which are appoint
ed by the President. Besides this each State has its own independ
ent judiciary. The Supreme Court consists of a Chief Justice
(salary $10,500 per year) and eight associate justices (salary
$10,000 each). It holds one session annually in Washington, be
ginning on the second Monday in October. The United States is
divided into nine judicial circuits. There is a Circuit Judge (salary
$6000) resident in each circuit, and a Justice of the Supreme Court
visits each circuit for the pur^iose of holding Circuit Court. Cir<!uit
Courts are held by the Justice of the Supreme Court assigned to
the circuit, or by the Circuit Judge of the circuit, or l)y the District
Judge of the district, or by any two of them sitting together. The
United States is also divided into lifty-seven distric^ts, in each of
which there is a court, composed of one judge, who resides in the
district for which he is appointed. All the judges of the federal
courts are appointed for life by the I^resident with t)ie consent of
the Senate. The qualification of voters in the United States are
prescribed by the States respectively ; the fifteenth amendment to
the federal constitution provides that the right of citizens to vote
shall not be denied or abridged on account of race, color or previous
condition of servitude. The executive, power of each organized
territory is vested in a governor, who is appointed for four years
by the President of the United States with the consent of the Sen-
ate. The legislative power is vested in a council and house of rep-
resentatives chosen by the ])eople for two years. A delegate to
Congress is elected by tlu! people in each territory for two years.
The legislation of the territories is subject to revision l)v Congress.
The Judges of the Supreme Court of each territory are also ap-
pointed by the President. All ministers to foreign countries are
appointed by the President, and confirnuKl by the Senate. Aud also
every chief ofltice in the civil service is under the appointment of
the President as the executive officer of the realm.
322 READY liEFERKNCE MANUAL.
DECLARATION OF INDEPENDENCE.
July 4, 1776.
A Declaration by the REPiiESENTATivES of the United States
OF America in Gonoress Assembled :
AVhen, iu the course of luiman events, it bocoiues necessary for
one people to dissolve the jjolitical bands which have connected
them witli another, uiid to assume, among the powers of the earth,
the separate? and ecpial station to which the laws of nature and of
nature's God entitles them, a decent respect of the opinions of
mankind requires that they should declare the causes which impel
them to the separation.
We hold these Truths to be Self-Evident : — that all men are
created equal; that they are endowed by their Creator with certain
unalienable rights; that among these are life, liberty, and the pur-
suit of happiness ; that to secure these rights, governments are
instituted among men, deriving their just powers from the consent
of the governed ; that whenever any form of government becomes
destructive of these ends, it is the right of the people to alter or
abolish it, and to institute new government, laying its foundation
on such principles, and organizing its powers in such forms, as to
them shall seem most likely to eftect their safety and happiness.
Prudence, indeed, will dictate, that governments long established
should not be changed for light or transient causes ; and accord-
ingly all experience hath shown, that mankind are more disposed
to suflt'er while evils are sutlerable, than to right themselves by
abolishing the forms to whi^h they are accustomed. But when a
long trahi of abuses and usurpations, pursuing invariably the same
object, evinces u design to reduce them under absolute despotism, it
is their right, it is their duty, to throw oft" such government, and to
provide new guards for their future security. Such has been the
patient sufferings of these Colonies : and such is now their necessity,
which constrains them to alter their former systems oi govern-
ment. The history of the prt>sent King of Great liritain (George III.
of the House of Brunswick) is a history of repeated injuries and
usurpations, all having in direct object the establishment of an ab-
solute tyranny over these states. To prove this, let facts be sub-
mitted to a candid world :
He has refused his assent to laws the most wholesome and nec-
essary for the public good. He has forbidden his governors to
pass laws of immediate and pressing need and importance, unless
suspended, in their operation, till his assent should be obtained ;
and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other laws for the accommodation of large dis-
tricts of people, unless those peojjlo would relinquish the right of
representation in the legislature ; a right inestimable to them, and
formidable to tyrants only.
He has called together legislative bodies of places unusual, un-
DECLARATION OF INDEPENDENCE. 323
comfortable, and distant from tho depository of their jjublic records,
for the sole purpose of fatiguing them into compliance with his
measures.
He has dissolved representative houses repeatedly, for opposing,
with manly lirmncss, his invasions on the rights of the people.
He has refused, for a long time after such dissolutions, to cause
others to be elected ; whereby the legislative powers, incapable of
annihilation, have returned to the people at large, for their exercise ;
the State remaining, in the mean time, exposed to all the dangers
of invasion fronx without, and convulsions within.
He has endeavored to prevent the population of these States ;
for that purpose obstructing the laws for naturalization of foreigners;
refusing to pass others to encourage tlieir migrations hither, and
raising the conditions of new approjjriations of lands.
He has obstructed the administration of justice, l»y refusing his
assent to laws for establishing judiciary ])owers.
He has made Judges dependant on his will alone, for the tenure
of their offices, and the amount and payment of their salaries.
He has expected a multitude of new offices, and sent hither
swarms of officers to harass our people, and lo eat out their sub-
stance.
He has kept among us, in times of peace, standing armies,
without the consent of our legislatures.
He has eflfected to render the xnilitary independent of, and
superior to, the civil power.
Ho has combined with others to subject us to a jurisdiclioix
foreign to our constitutions, and unacknowledged by our laws ;
giving his assent to their acts of pretended legislation.
For quartering large bodies of armed troops among us :
For protecting them, by a xnock trial, from punishment for any
nxurders which they should commit on the inlxabitants of these
States.
For cutting off our ti'ade with all parts of the world :
For huposing taxes on us without our coixsent :
For depriving us, in many cases, of the benefits of trial by
jury:
For transporting us beyond seas to be tried for pretended
offences :
For abolishing the free system of English laws in a neighbor-
ing ])roviixce, establishing therein an arbitrary goveri]ment, uxid en-
larging its boundai'ies, so as to x'ender it at once an example and tit
iixstrument for iixtroducing the same absolute rule into these colonies.
For taking away our chartei', abolishing our most valuable
laws, and alterixig, fuixdaixientally, the forms of our government :
For suspending our owix legislatures, and declaring us out
themselves invested with power to legislate for us ixx all cases what-
soever.
He has abdicated government here, by declaring us out of his
protection, and waging war against us.
324 READY REFERENCE MANUAL.
He lias pliiiulered our seas, ravaged our coasts, burnt our towns,
and destroyed the lives of our people.
Ho is, lit this time, transporting large armies of foreign mer-
eeiiiiries to complete the works of death, desolation and tyranny, al
ready begun with circumslauoes of cruelty and perfidy, scarcely
parallehd in the most bai barons ages, and totally unworthy of the
bead of a civilized nation.
He has constrained our fellow citizens, taken captive on the
high seas, to bear arms against their country, to become the execu-
tioners of their friends and brethren, or to fall themselves by their
hands.
He has excited domestic insurrections amongst us, and has en-
deavored to bring on the inhabitants of our frontiers the merciless
Indian savages, whose known rule of warfare is an undistinguished
destruction of all ages, sexes, and conditions.
In every stage of these oppressions, we have petitioned lor
redress in the most humble manner ; our repeated petitions have
been answered only by repeated injury. A prince whose character
is thus marked by every act which may define a tyrant, is unfit to
be the ruler of a free peoi)le.
Nor have we been wanting in attentions to our British brethren.
We have warned them, from time to time, of attemjjts by their leg-
islature to extend an unwarrantable jurisdiction over us ; we have
reminded them of the circumstances of one emigration and settlement
here ; we have appealed to their native justice and magnanimity ; and
we have conjured them, by the ties of common kindred, to disavow
these usurpations, which would inevitably interrupt our connexions
and correspondence. Tliey, too, have been deaf to the voice of
justice and of consanguinity. Wo must, therefore accpiiesce in the
necessity which denounces our separation, and hold them as we hold
the rest of mankind, enemies in war : in peace friends.
We, therefore, the llein'esentatives of the United States of
America, in General Congress assembled, appealing to the Supreme
Judge of the worhffor rectitude of our intentions, do in the name
and by the authority of the good people of these colonies, solemnly
publish and declare, that these I'^nited Colonies are, and of right
ought to be, FiiKE and Tnukpendent States : that they are absolved
from all allegiance to the I5ritish Crown, and that all political con-
nexion between them and the State of Great Britain is, and ought
to be, totally dissolved ; and that, as free and independent States,
they have full power to levy war, conclude peace, contract alliances,
establish commerce, and to do all other acts and things which inde-
pendent States may of right do. And for the support of this decla-
ration, with a firm reliance on the protection of Divine Prov
idence, we mutually pledge to each other our lives, our fortunes,
and our sacred honor.
John Hancock, Mass. Abraham Clarke, N. J.
Josiah Bart.lett, i\fass. Eobert Morris, England.
William Whipple, Me. Benjamin Rush, Pa.
Matthew Thornton, Ireland. Benjamin Franklin, Mass.
CONSTITUTION OF THE UNITED STATES,
.'J2o
Samuel Adams, Mass.
John Adams, Mass.
Robert Treat Paine, Mass.
Elbridge Gerry, Mass.
Stephen Hopkins. K. I.
William Ellory, R. I.
Roger Sherman, Mass.
Samuel Huntington. Conn.
William Williams. Conn.
Oliver Wolcott, Conn.
William Floyd, N. Y.
Philip Livingston. N. Y.
Francis Lewis, Fngland.
Lewis Morris, N. Y.
Richard Stockton, N. J.
John Witherspoon, Scotland.
Francis Hopkinson, Pa
John Hart, N. J.
Francis L. Lee, Va.
Carter Braxton, Va.
William Hoppei-. Mass.
Joseph Hews, N. J.
John Penn, Va.
Edward Rutledge, S. C.
John Morton, Pa.
(xeorge Clymer, Pa.
James Smith, Ireland
George Taylor. Ireland.
James Wilson, Scotland.
George Ross. Del.
Cesar Rodney. Del.
George Reed, Md.
Thomas McKean, Pa.
Samuel Chase, Md.
William P.ica, Md.
Thonnvs Stone, .Md.
Charles Carroll, Md.
George Wytbe, Va.
Richard H. Lee, Va.
Thomas Jeft'erpon, Va.
Benjamin Harrison, Va.
Tho as Nelson, Va.
Thomas Heyward, jr. S. C.
Thomas Lynch, S. C.
Arthur Middleton, S. C.
Button Gwinnet, England.
Ijyman Hall, Conn.
George Walton Va.
CONSTITUTION OP THE UNITED STATES.
We, the people of the United States, in order to form a more
perfect union, establish justice, ensure donu^stic tranipiility. ])ro-
vide for the common defence, promote the geneial welfare, and
secure the blessings of liberty to ourselves and our posterity, do
ordain and establish this constitution of the United States of
America.
ARTICLE I.
Sec. 1. — All legislative powers herein granted, shall be vested in
a Congress of the United States, which shall consist of a Senate
and House of Representatives.
Sec. '2. — The House of Representatives shall bo composed of
members chosen every second year, by the people of the several
states ; and the ele(!tors in each slate shall have the qualitications
reipiisite for electors of the most numerous Inanch of the State
Legislature.
No ]ierson shall be a Representative who shall not have at-
tained the age of twenty-one, and been seven years a citizen of the
Unii,ed States, and who shall not, when elected, be an inhabitant of
the state in which he shall be chosen.
Representatives and direct taxes shall be apportioned among
the several states which may 1)e included within the Union accord-
ing to their respective numbers, which shall bo determined by
320 READY REFERENCE MANUAL.
adding to the whole number of free persons, including those bound
to service for a term of years, and excluding Indians not taxed,
throe-fifths of all other persons. The actual enumeration shall be
made within three years after the first meeting of the Congress of
the United States, and within every 8ub8e(]ueut term of ten years,
in such manner as they by law shall direct. The number of llepre-
sentatives shall not oxceed one for every thirty thousand, but each
state shall have at least one Rei)resenta1ive ; and until such enu-
meration shall be made, the State of Now Hampshire shall be en
titled to choose three ; Massachusetts, eight ; Rhode Island and
Providence Plantation, one ; Connecticut, live ; New York, six ;
New Jersey, four; Pennsylvania, eight; Delaware, one; Maryland,
six ; Virginia, ten ; North Carolina, five; South Carolina, five; and
Georgia, three.
When vacancies happen in the representation from any state,
the executive thereof shall issue writs of election to fill such
vacancies.
The House of Representatives shall choose their speaker and
other officers, and shall have the sole power of impeachment.
SEr. 8. — The Senate of the United States shall be composed
of two Senator.s from oach state, chosen by the Legislature thereof,
for six years ; and each Senator shall have one vote.
Immediately after they shall be assembled, in consequence of
tho first election, they shall be divided, as eijually as may be, into
three classes. The seats of the Senators of the first class shall be
vacated at the expiration of the second year ; of the second class,
at the expiration of the fourth year; of the third class, at the ex-
piration of the sixth year ; so that one-third may be chosen every
second year ; and if vacancies happen by resignation or otherwise,
during the recess of the Legislature of any state, the executive
thereof may make temporary appointments until the next meeting
of the Legislature, which shall then fill such vacancies.
No person shall be a Senator who shall not have attained to the
f\ill ago of thirty years, and been niiie years a citizen of the United
States, and who shall not, when elected, be an inhabitant of that
State for which he shall be chosen.
The Vice-President of the United States shall be President of
the Senate, but shall have no vote, unless they be equally divided.
The Senate shall choose their officers, and also president pro-
temporo, in the absence of the Vice president, or when he shall ex-
orci.se the office of President of the United States.
The Senate shall have the sole power to try all impeachments.
When sittitig for the purpose, they shall be on oath or affirmation.
When the President of the United States is tried, the Chief Justice
shall preside ; and no person shall be convicted without the concur-
rence of two-thirds of the members present.
Judgment, in all cases of imjjeachments, shall not extend far-
ther than a removal from office, and disqualification to hold and en-
joy any office of honor, trust, or profit, under the United States ;
CONSTITUTION OF THE rNITEI) STATES. 327
but the party convictod shall, iievertholess, be liable and subject to
indictment, trial, judj^ment and punishment according to law.
Sec. 4. — The tiinca, places, and manner of holding elections for
Senators and Representatives shall bo j^rescribed in each State by
the Legislature thereof; but the Congress may at any time by law
make or alter such regulations, except as to the places of choosing
Senators. •
The Congress shall assemble at least once in every year ; and
such meeting shall be on the first Monday in December, unless they
shall by law appoint a difterent day.
Sec. 5. — Each House shall be judge of the elections, retuins,
and qualifications of its own members ; and a majority of each shall
constitute a quorum to do business; but a smaller number may
adjourn from day to day, and may 1)0 authorized to compel the
attendance of absent members, in such manner and under such
penalties, as each house may jirovide.
Each house may determine the rules of its proceedings, punish
its members for disorderly behavior, and with the concurrence of
two thirds, expel a member.
Each House shall keep a journal of its proceedings, and from
time to time publish the same, excepting such parts as may, in their
judgment, require secrecy ; and the yeas and nays of the members
of either House, on any (question, shall, at the desire^of one-fifth of
those present, be entered on the journal.
Neither house, during the session of Congress, shall, without
the consent of the other, adjourn for more than three days, nor to
any other place than that in which the two houses shall be sitting.
Sec. 6. — The Senators and Representatives shall receive a
compensation for their services, to be ascertained by law, and paid
out of the treasury of the United States. They shall, in all cases,
except treason, felony, and the breach of the peace, be privileged
from arrest, during their attendance at the session of their respec-
tive houses, and in going to and returning from the same ; and for
any speech or debate in either house, they shall not be questioned
in any other place
No Senator or Representative shall, during the time for which
he Avas elected, be appointed to any civil office under the authority
of the United States, which shall have been created, or the emolu-
ments whereof shall have been increased, during such time ; and no
person holding any office under the United States, shall be a mem-
ber of either house during his continuance in office.
Sec. 7. — All bills for raising reveime shall originate in the
House of Representatives : but the Senate may propose or concur
with amendments as on other bills.
Every bill, which shall have passed the house of representatives
and the senate, shall, before it becomes a law, be presented to the
President of the United States ; If he approves he shall sign it ;
but if not, he shall return it with his objections to the house in
which it shall have originated, who shall enter the objections at
large on their journal, and proceed to reconsider it. If after such
328 READY RRPKRENrE MANUAL.
recoUHideriitioii, twotliirds of that liouHe Hhall a^ron to i)a8H the
bill, it slmll bcHoiit, tofj^otlior with tho objostioiiH, to the other house,
by whinh it nhall likowiwe be recoiiHiileicd ; and if approved by two-
thirds of that house, it shall beeoiiie law. But in all such cases,
the votes of both houses shall be detorniiiied by yeas and nays; and
the names of the persons voting for and uj^^ainst the bill shall be
entered on the journal of each hoiisft re8]iectively. If any bill shall
not bo returned by tho President withi.'i ten days (Sundays exce))trd)
after it shall have been presented to liini, the same shall be a law in
like manner as if he had signed it, unless the Congress, by their ad-
jouriunont, prevent i< returu ; in which ease it shall not be law.
Every order, resolution, or vote, to which the concurrence of
the 'Jenate and House of Re|)resentatives may be necessary (excejit
on a (juestion of adjournment) shall be presented to the President
of tho United States ; and, before the sanu* shall take eft'ect, shall
be a])proved by him, or being disapproved by him shall be repassed
by two thirds of the Senate and House of Representatives, accord-
ing to the rules and limitations prescribed in the case of a bill.
Sec. 8. — The Congress shall have the power: —
To pay and collect taxes, imj)osts, and excises : to pay the
debts, and provide for the common defence and general w(Ofare of
the United States : but all duties, imjjosts, and excises shall be uni-
form throughout the United States.
To borrow money on the credit of the United States.
To regulate commerce with foreign nations, ajid among the
several states, and with the Indian tribes.
To establish a unil'orm rule of naturalization, and uniform
laws on the subject of l)ankruptcies. throughout the United States.
To coin money, regulate the value thereof, and of foreign coin,
and tix the standard of weights and measures.
To provide for the; ])uiiishment of counterfeiting the securities
and current coin of the United States.
To establish postoffices and post roads.
To promote the progress of science and useful arts by secur-
ing, for limited times, to authors and inventor.s, tho exclusive right
to their respective writings and discoveries
To constitute tribwnals inferior to the Supreme C'ourt. To
define and punish piracies and felonies committed on the high seas,
and ofTences against the law of nations.
To declare war, grant letters of marque and reprisal, and make
rules concerning captures on laud and water.
To raise and support armies ; but no appro])riation of money
to that use shall be for a longer period than two yf^ars.
To provide and maintain a navy.
To make rules for th<' governtnent and regulation of the land
and naval forces.
To provide for calling forth militia to execute the laws of the
Union, suppress insurrections, and repel invasions.
To provide for organizing, arming, and disciplining the militia,
and for governing suc^h parts of them as may be employed in tho
CONSTITUTION OF THE UNITED 8TATEH. ^2'.)
Bcrvice of the United StatfH; rcHorviDg to tlio States reHixctively
the iippoiiitiiieiit of tlie ofliceiH, iiid the nuthoiity of tiiiiiiiiiy; the
luilitiii according to the diHcii>hiie preHciihed by ('oiif^resH.
To exerciHC exclu»iv<! le^isshition, in uU nisoH whiitsoevcr, over
Hucli (Ustiirt (not excel (hng t<ii miles S(nmie) uh imvy by ccsHion of
jiiiiticiilar Htuteu, and the aece]itiiiice of CougresH betonie the teat of
government of the United StnteH, iind to exercise hke iiutliority over
all phices purchuseil by eonsent of the legiHlafun^ of the State in
which the Hume Hhuli be, for the creation of fortn, niagazincH, arsen
als, dock-yards, and their needful bnildingH;— And
To make all laws which sliall be necessary and proper, for
carrying into execution the forc^going powers, and all other powers
vested by this constitution in the government of tlie United States,
or in any department or oflicer thereof.
Skc. 1). — The migration or ini])ortation of such personB as any
of the States now existing shall think ])r<)per to admit, shall not bo
prohibited by the Congress piior to the year one thousand eight
hundred and eight: but a tax or duty may be imposed on each
importation not exceeding ten dollars for each j)erson.
Th(! privileges of the writ of luihvds corpus shall not be sus-
pended, unless when, in casea of rebellion or invasion, the public
safety may re<|uire it.
No bill of attainder, or ex post facto law, shall bo passed.
No capitation, or other direct tax shall bo laid, unless in pro-
portion to the ceDHUM or euume ration herein before dii'ected to be
taken.
No tax or duty shall be laid on articles exported from any
State. No preferences shall be given, by any regulation of com-
merce or revenue, to the ports of one State over those of another;
nor shall vessels bound to or from one State be obliged to enter,
clear, or pay duties in another.
No money shall he drawn from the treasury, but in couseciueuce
of appropriations made by law ; and a regular statement and ac-
count of the receipts and expenditures of all public money shall bo
published from time to time.
No tithi of nobility shall be granted by the United States, and
no person holding any otlice of benetit or trust under them, shall
without the consent of (Jongiess accept any present, emolument,
otfice or title, of any kind whatever, from any king, prince or for-
eign state.
Sec. 10.— No State shall enter into any treaty, alliance, or
confederation ; grant letters of marque and reprisal ; coin money,
emit bills of credit: make anything but gold and silver coin a tender
in payment of debtu ; pass any bill of attainder, ex post facto law,
or law irajiairing tho obligation of contracts ; or grant any title of
nobility.
No State shall, without the consent of Congress, lay any imposts
or duties on imports or exports, except what may be absolutely
necessary for executing its inspection laws; and the net produce of
ii
nnO HEADY RKFEnKNrE MANUAL.
nil cliitieH luitl impoHtH laid by nuy Stnto on importH or exports,
hIiiiII l)(f for tlm use of tli<( ti«'iisuiv of tlui I'liitcil StiiteH ; mid all
Hucli liiwH shiill 1)(! Hiibji'ct to lli(( revision iiiul control of tlio Con-
j^reHH. No State hIiuII, without the conHcnt of CongrcsH, lay auy
duty on tonnajjfc. k«'<'i> troops or slii]iH of war in tinio of pfaco,
«'nl«a" into any agrconiont or compact with any other Stato or with
a foreij^u pow«!r, or cngajje in war, unleHs actually invadc-il, or in
Huch imminent dan{,'cr ns will not atlmit of delay.
AUTICI.E II.
Skc. 1. — The executive power filiall l)e vested in a President of
tlu) United States of America, lie shall hold his oOice diirinj^ the
term of four years, and, tot,'<!ther with Vice President, chosen f<jr
the same term, be elected as follows :
Each State shall appoint, in such manner as the legislature
thereof may direct, a numlxtr of electors, ecjual to the whole number
of Somitors and Jiepresentatives to which the State may bo entitled
in the Con;,MO&s; but no Senator or llei)resentative or person hold-
ing an oUico of trust or prolit under the Unit<!d States, shall be
appointed an elector.
The Congress may determine the time of choosing the electors,
and the day ou which they shall give their votee ; Avliieh day shall
bo the same tluoughout the United States.
No person except a natural born citizen, or a citizen of the
United Stales at the time of the adoption of this constitution, shall
be eligible to the oflice of President; neither shall auy person bo
eligible to that ollice who shall not have attained to the age of
thirty five years, and been fourteen yeaivs a resident of the United
States.
In ca^o of the removal of the President from oiHce, or of his
death, resignation, or inability to discharge the Y>owers and duties
of the said otHce, the same shall devolve ou the Vice-President. And
the Congress may by law i)rovide for the case of removal, death,
resignation, or inability, both of the President and Vice President,
declaring what otiicer shall then act as president ; and such officer
shall act accordingly, until the disability be lemoved or a i)resident
shall be elected.
The President shall at stated times, receive for his services a
compensation which shall neither be increased nor diminished dur-
ing the period for which he shall have bt'im elected ; and he shall
not receive, withiii that period, atiy other emolument from the
United States or auy of them.
Before he can eater on the esecutiou of his office, he shall take
the following oath or atlirniatiou :
'■I dosoh'j»»lif smear {or ajfirn)) tJidt I inillfdithfidly execute
the ojfice of J'renideiit of the JJitUeAl Staten^ and icill, to thi} hest of
fuy ahilit]!, jtreserve, protect, and defend the (Jo>isfit>ttion of t/ie
United /States,'^
Sec. 2. — The President shall be commanderiu-chief of the
CONHTITUTION OP TIIK UNITKD STATES. 881
aruiy and navy ot tlio Unitfcil Statt-h, and of llio militia of tbo
Hovoral States, wlicii calUxl into aclinil H«'iviit' of tho United StatcH;
ln) may iiujuiro i\w tutinion in wrilinj,' of the principal ollicer iu
oacli of the executive depiirtments, upon any snltject relatiiif^' to
the duties of their renpectivt! olHceH. and he shall have power to
{,Mant reprieves nnd pardons for olVeucob against the United States,
except in cases of impeachment.
fleshiill have power, by and with the advice and consent of the
Senate, to make lieaties, j)rovide<l two thiids of the Seiiulors pres
ont concur ; and ho shall nominate, ami by and with the advice of
the S(!iiat,(N shall appoint ambassadors, other public; ministers, and
consuls, jud^^es of the Sujjreme Court, and all other ollicers of the
United States, whoso appointments are not luirein j)rovided for, and
which shall bo (istablished by law. JJut the Congress may by law
vest the appointment of such inferioi ollicerH as they think proper,
in the President alone, in the courtd or law, or the heads of ilepart-
ments.
The President shall have power to till up all vacancies that
may happen during the recess of the Senate, by granting commis-
sions which shall expire at the end of their next session.
Skc. ;1— He shall from time to time give to the Congress
information of the state of tin; Union, and recommend to their
consideration such nn^asures as he shall judge necessary and ex-
pedient; he nnvy, on extraordinary occasions, convene both houses,
or either of tlnsm ; and in case of disagreement between them, with
respect to the time of adjournment, he may adjourn to such time
as he shall think propja- ; ho shall receive and)assadors and other
public ministei's ; he shall takt; care that the laws bo faithfully ex-
ecuted ; and shall commission all the olHcers of the United States.
Sec. 4. — The Prescident, Vice president, and all civil oHicers
of thc! United States shall be removed from oiHc<i on impoachmout
for, and conviction of, treason, bribery, or other high crimes aoid
misdemeanors.
AUTICLE III.
Skc. 1. — 'i'hc judicial power of the United States shall be
vested in one Supremo Court, and in such interior courts as the
Congress may from time to time ordain and establish. The -ludges,
both of the Supreme Court ami inferior courts shall hold their
otHces during good brshavicn', and shall, at stated tinus receive for
their services a compensation which shall not be diminished during
their contlnuan(;e in ollice.
Skc. 2. — The judicial power shall extend to all eases in law
and equity, arising under this constitution, the laws of the United
States, and treaties nnide, or which shall be made, under this
authority : to all cases affecting ambassadors, other public min-
isters, and consuls ; to all cases of admirality and maritime juris-
diction ; to controversies to which the United States shall be a
party ; to controversies b(!tween two or more States, between u
State uud citizeu of another State, between citizens of different
;{'}2 READY llEFEUENCE MANUAL.
StiiteH, betweeu citi/eus of same State claiuiiug lauds under grants
of diflbreiit Slates and between a State or the citizens thereof, and
foreif^n States, citizens, or subjects.
In all case:! affectiuj,' ambassadors, other public ministers and
consuls, and those in which a State shall be a party, the Supreme
Court shall have original jurisdiction. In all other cases before
mentioned, the Supreme Court shall have appellate jurisdiction,
both as to law and fact, with such exceptions, and under such regu-
lations, as the Congress shall make.
The trial of all crimes, except in cases of impeachment, shall
be by jury; and such trial shall be held in the State where tin; said
crimes sliall have been committed ; but when not conunitted within
any State, the trial shall be at sach place or places as the Congress
may by law have directed.
Skc. ;5. — Treason against the United States shall consist only
in levying war against them, or hi adhering to their enemies, giving
them aid and comfort. No person shall be convicted of treason,
uuless ou the testimony of two witnesses to the same overt act, or
on confession in open court.
The Congress shall have the power to declare the punishment
of treason ; but no attainder of treason shall work cor'uption of
blood, or forfeiture, except during the life of the person attained.
ARTICLE IV.
Seo. 1. — Full faith and credit shall be given, in each State,
to the public acts, records and judicial proceedings of every other
State ; and the Congress may, by general laws, prescribe the
manner in which sucli acts, rocord^, aiid proceedings shall be
proved, and the etl'ect thereof.
Si:c *2. — The citizens of each State shall be entitled to all the
privileges and immunities of citizens in the several States.
A person charged in any State with treason, felony, or other
crime, who shall llee from justice, and be found in another State,
shall, ou demand of the executive authority of the State from which
he fled, be delivered up, to be removed to the State having jurisdic-
tion of the crime.
No person held to service or labor in one State, under the laws
thereof, escaping into another State, shall, in conse(pu'nce of any
law or regulation therein, be discharged from such service labor ;
but shall be delivered up, on claim of the party to whom such ser-
vices or labor may be due.
Sec. 3. — New States maybe admitted bj' the _ Congress into
this Union ; but no new State shall be formed or erected within
the jurisdiction of any other State, nor any other State be formed
by the junction of two or more States, or parts of States, without
the consent of the legislatures of the States concerned, as well as of
the Congress.
Tlie Congress shall have power to dispose of and make all need-
ful rules and regulations respecting the territory or other property
belonging to the United States ; and nothing in this constitutiou
CONSTITUTION Ol" THK UNITKD STATUS. 333
shall be (loiistruod as to prejudice any claims of the Uuited States,
or any particular State.
Sec. 4. — Tlio United States shall jjfuaranteo to everj' State in
this Union a rei)ubliciin form of government, and shall protect each
of them against invasion ; and, on application of the legislature, or
of the executive (when the legislature cannot be convened) against
domestic violence.
AUTICLE V,
The Congress, whenever two-thirds oi' botli houses shall deem
it necessary, nhall propose amendments to this constitution or, on
the application of the legislatures of two thirds of the several Stat<!S,
shall call a convention for proposing amendments ; which in either
case, shall be valid, to all intents and purposes, as part of this con-
stitution, when ratified by the legislature of three-fourths of the sev-
eral States, or by conventions in three-fourths thereof, as the one or
■ the other mode of ratification may be proposcnl by the Congress :
provided, that no amendment whicli may bo made prior to tlie year
one thousand eight hundred and eiglit, shall, in any manner, alVect
the first and fourth clauses in the ninth section of the first article ;
and that no State, without its consent, shall be deprived of its ecpuil
suffrage in the Senate.
ARTICLE VI.
All debts contracted, and engagements entered into, before the
adoption of this constitution, shall be as valid against the T'nited
States, under this constitution, as under the cdni'ederation.
This constitution, and the laws of the United States which
shall be made in pursuance thereof, and all tnjaties made, or which
shall be made, under tin; authority of the I'nitcd States sliall be
supremo law of the land ; and the Judges in every state shall be
bound thereby : anything in the constitution or laws of any state to
the contrary notwithstanding.
The Senators and the Representatives before mentioned, and the
members of the several state legislatures, and all executive and ju-
dicial oflticers, both of the Ignited States and of the several states,
shall be bound by oath or allirmation to support this constitution ;
but no religious test shall ever be required as a (pialification to any
office or public trust under the United States.
ARTICLE VII.
The ratification of the conventions of nine States shall Ix; suffi
cient for the establishment of this constitution between the States
so ratifying the same.
Gv.o. Washington, President.
William Jackson, Secretary.
3.'}4 READY REFEUENCE MANUAL.
AMENDMENTS TO THE CONSTITUTION.
Art. I. — CongroHs shall iiiako uo law rcsi)ectiiig an establish-
ment of religion, or prohibiting the I'rco exorcise; thereof ; or abridg-
ing the freedom of sjieech, or of the press ; or the right of the jjcople
peaceably to assemble and to petition the government for redress
of grievanc'OB.
Akt. II— a well regulated militia being necessary to the secur-
ity of a State, the right of the peojjle to keep and bear arms shall
not be infringed.
AuT. III. — No soldier shall, in time of peace, be cjuartered in
any house, without the consent of the owner; nor in time of war,
but in a manner to be i)rescrib(Hl by law.
Art. IV. — The right of the people to be secure in their persons,
houses, papers, and etlects, against unrensonable sei\ich«'s and seiz-
ures, shall not be violated ; and no wairants shall issue, but upon
probable cause, supjjorted by oath or attirmation, and particularly '
describing the i)lace to be searched, and the })ersons or things to
be seized.
Art. V. — No person shall be held to answer for a cai)ital, or
otherwise infamous ciime, unl(;ss on presentment or indictment of a
grand jury, except in cases arising in the land or naval forces, or in
the militia when in actual service, in time of war or public danger ;
nor shall any per.wn be sul)j(>ct, for the sam(> oft'cnce, to be twice
put in jeopar<ly of life and limb, nor shall jirivate property be taken
for public use, without just comfijcnsation.
Art. VI. — In all criminal prosecutions, the accused shall enjoy
the right to a speedy and public trial, by an impartial jury of the
State and district wheiein the ci'inie i-hall have been committed,
which district shall have b(>eu previously ascertained by law, ami to
be informed of the nature and cause of the accusation ; to be con-
fronted with the witnesses in his favor ; and to have the assistance
of counsel for his defence.
Art. VII. — In suits at conmion law, where the value in eontio-
versy shall exceed twenty dollars, the right of trial by jui-y shall be
preserved: and no fa(;t tried by jury shall be otheiwise re examined
in any other court of the United States, than according to the rules
of the conuHon law.
Art. VIII. — Excessive bail shall not be rec^uired, nor excessive
fines imposed nor cruel and unusual punishments inllicted.
Art. IX. — The enumeration in the constitution of certain rights
shall not be construed to deny or disparage others retained by the
people.
Art. X. — The powers not delegated to the United States by
the constitution, nor prohibited by it to the States, arc reserved to
the States respectively, or to the people.
Art. XI. — The judicial ])Ower of the United States shall not
be construed to e: "^end to any law suit or equity, commenced or pro-
secuted against one of the United States, by citizens of another
state, or by citizens or subjects of any foreign state.
AMENDMENTS TO THE CONSTITUTION. 3155
AuT. XII. Sec 1. — ^The electors shall meet in«their respective
States aucl vote by ballot for President and Vice-Presieeut, oue of
whom at least, shall not be an inhabitant of the same State with
themselves ; they shall name in their ballots, the person voted for
as president, and in distinct ballots the person voted for as vice-
president ; and they shall make distinct lists of all persons voted for
as president and of all persons voted for as vice president, and of
the number of votes for each, which list they shall sign and certify,
and transmit sealed to the seat of government of the United States
directed to the President of the Senate ; the President of the Senate
shall, in the presence of the Senate and House of Representatives,
open all the certificates, and the votes shall the i bo counted ; the
person having the greatest number of votes for president shall be
president, if such number be a majority of the whole number C'f
electors appointed ; and if no person have such majority then from
the persons having tiie highest tiumbers, not exceeding three, , on
the list voted for as President, the House of Representatives shall
choose immediately, by ballot, the President. Put in choosing the
President, the vote shall be taken by States, the representation from
each State having one vote ; a (piorum for this purpose shall consist
of a member or members from two thirds of the States, and a majority
of all the States shall be necessary to a choice. And if the House of
Representatives shall not choose a President whenever the right of
choice shall devolve upon them, before the fourth day of March next
following, then the Vice president shall act as President as in the
case of death, or other constitutional debility of the president.
The person having the greatest number of votes as Vice-
president shall be the vice president, if such number be a majority
of the whole number of the electors nppointeil : and if no jierson
have a majority then from the two highest numbers on the list the
Senate shall choose the Vice-president; a quorum for the purpose
shall consist of two thirds of the whole number of Senators, and a
majority of the whole number shall be necessary to a choice.
But no Dcrsoii cntistitutionally inelligible to 'he oHice of Pres-
ident shall be eligible to that of \'i('c-i)resident of the I'nited States.
Art. XIII. Si;c. 1. — Neither slavery, noi' involuntary servitude
except as punishment for crime, whereof tlie party shall have been
duly convicted, shall exist within the Ignited States, or any place
subject to their jurisdiction.
Sec. 2. — Congress shall have power to enforce this Article by
appropriate legislation.
AuT. XIV. Sec. 1 — All persons bom or naturalized in the United
States, and subject to the jurisdiction theicof, are citizens of the
United States and of the State wherein they reside. N'o iStatc s/utll
tnake or oiforce any low H'hich shall abridge the privileges or ini-
■niuiiitiea of citizens of the Vtiited States ; nor shall any State de-
prioe any pers'>n of life, liberty or ^^roperty v^ithoiit d>ie process of
law ; nor deny to any person within its Jurisdiction the equal 2^ro-
tection of the laws.
Sec. 2. — Representatives shall be apportioned among the several
336 READY UEFERENCE MANUAL.
States iiccoi'diifg to tlieir reBpective miiiibeiH, couiitiiifj tlio whole
luniiber of persons in each Slate, exckuliiiff Indians not taxed ; but
when the iij»ht to vote at any election for choice of electors forl'rcs
ideiit and \"ice president of the United States, Representatives in
Congress, the executive and judicial ofTicers of a State, or tlie mem-
bers of the legislature thereof, is denied to any of the male inhabit-
ants of such State, being twenty one years of age, and citizens of
the United States, or in any way abridged, except for particijiation
in rebellion or other crime, the basis of representation therein shall
be reduced in the proportion of the number of such male citizens
twenty one yeais of age in such State.
Skc. 3. — No person shall he Senator or Representative in Con-
gress, or elector of President and Vice-president or hold any
otH(re, civil or military, under the United States or under any State,
who, having previously taken an oatli as a member of Congress, or
as an ofiicer of the United States, or as a member of any legislature,
or as an executive or judicial ofiicer of any State, to support the (!on-
stitution of the United States, shall have engaged in insurrection or
rebellion against the same, or given aid or comfort to the enemies
thereof. But C-ongress may, by a vote of two-thirds of each house
remove such disability.
Hkc. 4. — The validity of the public debt of the United States,
authorized by law, including debts incurred for payments of pensions
and bounties for service in suppressing insurrection or rebellion, shall
not be (juestioned. Bat neither the United States nor any state
shall assume or pay any debt or obligation incurred in aid of insur-
rection or rebellion against the United States, or any claim for loss
or emancipation of any slave; but all such debts, obligations, and
claims shall be held illegal and void.
Skc. 5. — The Congress shall have power to enforce, by appro-
priate legislation, the provisions of this Article.
Art. XV. Sec. 1. — The right of citizens of the United States
to vote shall not be denied or abridged by the United States or any
slate on account of race, color or previous condition of servitude.
Skc. 2. — The congress shall have power to enforce this Article
by appropriate legislation.
PART II.— CHAP. VIII.
TUK MAGNA CllAUTA, TUK OHIGIN OF CIVILIZED LIEKKTIES SIUNEU UV KINU
JOHN OF ENGLAND.
Tlie ofigin of civilized liberties may be saiil to have boeu giveu
to the wodd under the Magna Charta. It is in constitutional sense
a guarantee to the people in perpetuity the enjoyment of these
rights and liberties. While in form it was originally only a gift of
tlieso rights and liberties by the king, and subject to his prerogative.
But in substance and fact it become the guaranty of the Anglo
Saxon institutions and usages favorable to liberty which had been
almost suppressed by the Norman conquerors. The nobles found
that these usages or the principles involved in them, were all they
wanted to seisure these rights ; and by demanding them only, they
secured such co operation on the part of the clergy and the cities.
The principal provisions of the charter were determined upon and
ratilied in a preliminary instrument by the King ; and then ho mot
the deputies of his nobles, and some of his clergy at Runnymodo,
where, on June 15, 1215, the charter was executed. It bears the
seal of the king, and of a large number of nobles: many C02)ie8 were
made out at once. Two of these originals, for all may be called so,
are still preserved in tbo Cottoniau Library in the British museum.
In the subsequent reigns, Magna Charta was repeatedly confirmed.
While it was originally, as before stated, intended, mainly for the
nobles and landlords of England, and that subject to the king's
pleasure, but as right will conquer, it was broad enough to grant
those rights and liberties to all men in the realm. Its force was
never lost by disuse, and its princijjles never forgotten. It con-
firmed the liberties of the church, and released the grievances in-
cidental to feudal tenures which were both oppressive and
despotic. It restrained the royal prerogative of purveyance and
lire einptiou. It prohibited unlawful amercements, distresses, or
punishments. It regulated forfeiture of lands and prevented the
grant of exclusive fisheries, or of new bridges injurious to a neigh-
borhood. It established, or founded, the right of the owner of
]iersonal i:>roperty to dispose of it by will, and it put the law of
dower on the footing it has since occupied. It protected merchants,
retpiired uniformity of weights and measures and forbade alienation
of lands in mortmain. It guarded against delays and denials of
justice, and brought trial o* issues within reach of all freemen by
means of assizes and circuits. It asserted and confirmed certain
liberties of the city of London, and all other cities, boroughs and
towns, and parts of the kingdom. It protected every freeman from
loss of life, liberty and property, except by the judgment of his
peei's or the law of the land, and by it the king promised that, *' we
will sell to no man., we will not deny or delay to any inan, ric/Jit or
jnsticey This charter is often appealed to in every civilized country
in the world ; and its principles are embodied, in some form, in
every constitution in the civilized nations of the world.
TEMPLE OF A CENTURY'S GROWTH.
PART III— CHAP. VIII.
BIOGItAPIIIES OF ALL THE PHE3IDENT8 OF THE UNITED HTATES FROM
\VASllIN(iTON TO UKNEHAL HAKUISON — 1789 TO 1889 — 100 VEAUS.
GEORGE WASHINGTON,
The First President of the United States, 1789 to 1796.
Ho was born at Mount Vernon, Dec. 14, 1732 ; was of Eu^flish
parentage, a farmer, phinter and surveyor by occupation ; he was elec-
ted delegate to the Continental Congress in 1774, and early the next
year chosen commander- in-chief of the revolutiouar}' armies. His first
attack was at Boston, in March, 1776, where he made the British
evacuate ; he next met disaster at Long Island aud Fort Washington,
but regained by victories at Trenton and Princeton ; checkmated
by several unforseeu reverses, among them Brandy wine and German
town; and the inclemencies of a winter ; but the ojiening leaves of
the spring of 1778, he won Monmouth ; after two years of skirmish-
ing warfare the crowning victory was gained by Lafayette returning
from Arnold's attack at Virginia and joining him at the battle of
Yoiktown in 1781. After this he retired upon his farm and did not
appear again in public life until he was appointed to go to Phila-
delphia in 1787, where the Constitution of the United States was
framed. Afterwards he was chosen by a unanimous vote of the
electoral college; as the first president, and was inaugurated on the
6th day of April, 1789. He was elected for a second term in 1792,
and at the close of that term, in 1796, he sent his fart^vell address
to Congress, and on the expiration of his term retired from public
life. He married Mrs. Martha Custis, a wealthy widow, in 1759,
but never had a child born to them. He was nearly as tall as his
illustrious counterpart, Abraham Lincoln, being 6 feet 2 inches. Of
all the memories and mottoes of tongue and actions, his parabolical
sayings, and wise far seeing attainments, embodif d and perpetuated
in the thousand of ways in this, his country, nothing can recall so
forcibly to our mind as the heirlooms and surroundings in his old
headcjuarters at Newburgh, New York. History and observation is
there in common reality blended into a most profoundly interesting
study. A man of no special brilliancy, but of sterling honesty in
nature's noblest and humblest greatness. He died by catching a
severe cold at his farm in Mount Vernon, Dec. 14, 1799.
JOHN ADAMS.
Second President, 1797 to 1801.
Born October 19, 1735, in that part of the town of Brain-
tree, Mass., which is now Quincy, and died there, July 4, 1826.
340 HEADY REFERENCE MANUAL.
He was the son of a faniior, aud tlio grcat-graiulHoii of Heury Ad-
ams, who oini<,'rato(l from Eiiffland ahont KMO. Ho gratluated at
Harvard College iu 1755, was admitted to the bai', and ac(iuir(!d an
extensive practice. He was prominent iu the discussions of the
"Stamp Act" and other public (juestions. xV scries of articles which
he contributed to the "Boston Gazette" were published as au "Es-
say on the Canon and Feudal Law." In 1770, having removed to
Boston, he was chosen a representative to t^o general court, wlu^re
he became a leader of the patriotic party. From 1774 to 1777 he
was one of the most prominent members of the Continental Con-
gress, aud for eighteen months was president of the board of war
and ordnance ostablislied in 177(5. After the close of the Congress
in 1774, he was chosen by the town of Braiutree to the Provincial
Congress then iu session. He was appointed commissioner to Prance
in 1777, and went to Paris in 1778, but soon returned and took a
leading part in the formation of a State constitution for Massachu-
setts, in 1779.as minister to treat with Great Britain concerning peace
and commerce, he sailed for Prance,but was prevented by Vergennes,
the French minister of foreign affairs, from making to Great Brit-
ain any communications of his powers. Two years later Vergennes
obtained from Congress the recall of Mr. Adams's power to negoti-
ate a treaty of commerce, and the conj unction of several colleagues
with him to treat for peace. In 1780 Mr. Adams went to Holland,
was authorized to negotiate a Dutch loan, and was soon afterwards
appointed minister to that country. In 1782 he returned to Paris,
and with Franklin, Jay aud Laurens,nogotiated a preliminary treaty
of peace with Great Britain. Ho was soon after appointed a com-
missioner, jointly with Franklin and Jay. to negotiate a treaty of
commerce with Great Britain, and subsecpTently with Franklin and
Jefferson to form treaties with other foreign powers. From May,
1785, to the spring of 1788, he was minister to England, during
which time he published his " Defence of the American Constitu-
tion." He was chosen Vice-President of the United States in 1789,
and re elected iu 17!)2. As president of the Senate he supj)orted the
administration of Washington by numerous casting votes. In 1796
he was elected President by the Federalists by three electoral votes
over Jefferson. He was again the Federal candidate in 1800, but
was defeated by Jefferson. Upon the expiration of his term he re
tired from ])ublic life. — See "Life and Works of John Adams," by
Charles Francis Adams.
THOMAS JEFFERSON. '
Third President, 1801 to 1809.
He was boru at Albermarle, Virginia, April 2, 1843; was a lawyer
by profession. Ho published the germ of the Declaration of Inde-
pendence iu 1775, entitled: "A Summary View of the Rights of
British America." He was a member of the Continental Congress,
and was chairman of the committee that drew up the Declaration
lilOOUAl'IIIES OF THE I'REHIDENTH. " 341
of Intlepeiideiice, and it wuh he who drafted it. Jeftbrsou introduced
the bills known as the repeal of eutailH, abolition of primogeniture,
and establiBlmieiit of religious freedom. He was elected governor
of Virginia in 177i), and Vi(!o-President in 171)0. In 1800 ho was the
llepublican candidate for President, along with IJurr. (At this pe-
riod the constitution did not jirovide that the nominations for presi-
dent and vice-president to be separate, but it was left to the elec-
toral college to choose; since then. Article 12, Sec. 1, amends the
constitution, requiring separate nominations by the people.) The
vote in the electoral college resulted in a tie, and it was left to the
House of Ilepresentatives to elect the President and Vice-President,
which, after weeks of struggles, Jefferson was declared elected on
th(! JJGth ballot. In 1804 he was I'e-elected President, along with
Clinton as Vice President. At the expiration of his second term he
abandoned political life, and devoted the remainder of his days to
the advancement of education. He founded the University of Vir-
ginia, and upon his grave-stone is inscribed as follows: "The father
of the University' of Virginia." Of the first three presidents, Jeller-
sou had perhaps the most whole-souled personality. Washington's
dignity was an admiration in his character, but its commonness was
too remote to gather into genial ac<piaintance. Washington has
been authoritatively attributed with saying: "It is my supreme de-
sire to live and die an honest farmer." Jell'erson had said of John
Adams : " He is as disinterested as the Being who made him."
While we know that all men are mortal, we must not in our extrav-
agant i>raise of good, useful men, be led to believe that any man
will bear this encomium, while such men as Washington, Adams
and Jefferson were patterned in all that was exalted, noble and good
for mankind, and their country especially. JefVersou died a few
hours before John Adams, at Mouticello, July 4, 182(5.
JAMES MADISON.
Fourth President, 1809 to 1817.
Madison was born at King George, Virginia. March 10, 1751,
He was of the old Virginia planter stock ; physically vigorous ;
morally intellectual, and naturally relined, gracious and hospitable.
Unlike many of his successors and indeed his predecessors, sur-
rounded by excellent early advantages in education, which com-
bined with an ever ambitious taste for literary pursuits, made him
one of the most prolidc writers among the presidents. He was a
graduate of Princeton College with high honors in 1771. After
graduating, he commenced the study of law. In 1770 he was
elected a member of the Virginia convention, and procured the pas-
sage of the substance of an amendment to the declaration of rights
by George Mason, which struck out the old term toleration, and
inserted a broader exposition of religious rights. In the same year
he was a member of the general assembly, but lost his election in
1777, because he refused to provide election funds for buying
whiskey. In 1780 he was elected to the Continental Congress, he
342 HEADY IIEPKIIENCE MANUAL.
not being thirty yeiiiH of ago nt this time. In 1784 he withdrew
from the National Legiahiture to devote his iiiilujinceH towards tlie
h'giHluture of his native state ; after uphill tights ho had many of
tiio medieval laws of unjiistaess and hardness repealed, and sultsti-
tiited th(!refor liberal ones apace with ('ivilizati(jn. Abont this time
Lis great paper " Memorial and Remonstrance'' appeared, which
opposjid the taxing of the people for religious purposes, or in other
words, it divorced the laws of State and Church. In ISOl he was
appointed Secretary of State in Jellerson's cabinet and atited in
tiiat department until the dose of Jeli'erson's administration in
1809. In ISOH he was nominated and ehicted president by receiv-
ing 122 of the 175 electoral votes. In the dilUculty with Great
Britain, he advocated a i)acitic policy, but reluctantly actpiiesced in
declaring war. On March 4, 1813, he entered upcm a second ternj.
In 181G he signed the bill for the incorporation of a national bank,
although he had previously vetoed a similar one. After the ter-
mination of his term, he retired into Virginia, and actc^d as visitor
and rector of the University of Virginia, and in 1829, sat in the
state convention to revise the old constitution. He died at his
home in Montpelier, near Orange Court House, Virginia, .lune 28,
181}(). Congress purchased from his widow his uianuscripts for
!i!30,000.
JAMES MONROE.
Fifth President, 1817 to 1825.
James Monroe came from the same play grounds at the mouth
of Monroe's creek, where it empties into the Potomac, as George.
AVashington. On the banks of this historical river he was born,
April 28. 1758. His parents were of the cavalier stock that served
under Robert Bruce of Scotland. He was educated at William
C!ollege, which he left in 1776 to enter the army as a cadet. As
aide-de cam}) to Lord Sterling, with the rank of major, ho served in
the campaigns of 1777 and 1778, distinguished himself in the bat-
tles of Brandywine, Germantown and Monmouth. He afterwards
studied law in Thomas Jefl'erson's office. In 1782 he was elected
to the assembly of Virginia, and was appointed a member of the ex-
ecutive council. In 1783 he was chosen a delegate to Congiess for
three years. He advocated an extension of the powers of Congress,
and in 1785 moved to invest that body with authority to regulate
trade between States. This led to the Convention at Annapolis,
and the subsequent adoption of the federal constitution. In 1787,
he was re elected to the General Assembly, and in 1788, was chosen
a delegate to the Virginia Convention to decide upon the adoption
of the federal constitution, which he opposed. In 1790 he was
chosen to the United State Senate, where he became a ])romiuent
representative of the anti federal ])arfy. In 1794 he went as minis-
ter to l<''ranoe, but was recalled in 1796, under an informal censure.
In 1798 he published a "View of the conduct of the Executive in
the Foreign Afl'airs of the United States." He was Governor of
iJfo<iUAi'iiii:s ov I'm; ii;esii)F,nts. 343
Virginia, 17!i'.) lo ISOii, wus Ihon uppoinUd envoy oxlraoiiliiuuy to
the FiciKrh govcruiiicnt, aiu\ ii('<,'oti(ik'(l, in conjunction with the
resident iniuiKtcr, Mr. LivingHton, the |iur«hiis»' of Louisiiinu. In
the Hiinic year lio wuh coniiMissioiunl Minister I'Icnipotcntiary to
I'^ngland, and endeavored to conchido a convention for the protec-
tion of neutral ri<^htH and against the impressment of seamc n. In
tlie midst of tliene negotiations he was (hrected to jiroceed to
Mulridt) aljmt the controversy in rehition to the houndariea of
the n«(\v purchase of LouiHiana. In this ho faih!(h and in 18(1(1 he
was recalled to England to act with Mr. J'inkney in further nego
tiations for the protection of neutral riglits. A treaty was con-
chidi'd, 1) it wasi not accepted hy the United States. In IKOH a con
sideruhh; hody of the repuhliciiii i)arty biought forward Monroe as
a candidate for I'resident : but lu; witluh'ew from the canvass. In
1810 lie was again ele«;ted to tht^ general assend^ly of Virginia, and
in 1811, governor. In the same year he was apjjointed by I'lesi-
dent M.idison. Secretary of Stiite, ami after tln^ capture of AVash-
ington in 1814, he became also Secretary of AVar. In 1817 he be
caTue I'resident by an electoral vote of 181} out of 217, as the candi-
date of the jiarty generally known as d( nidcrntic republicans ; and
in 1820 he was re elected almost unanimously, receiving 231 votes
out of 2 52 electoral votes. In his message of Decend)er3, 1823, he
promulgated tiie policy of '• neither entangling ourselves in the broils
of Kuioj)e, nor suffering the ])owers of the old woi Id to interfere
with the atlairs of the new," now generally known as the " Munroe
doctrine." On March 4. 1825, he retired from oflice and returned
to his residence; of f)ak Hill, in Louden Co., Va. He was chosen a
Justi(te of tlie Peace, anrl as such sat in tlie County Court. In 1829,
he becaiue a mend>er of the Virginia Convention to revise the old
constitution, and was chosen to preside over the deliberations of
that bt)dy ; but was compelled by ill-health to resign his post in the
convention. About this time he was atllicted with the death of his
beloved wife, and to add to his ber( avment more i)ain and bitter-
ness, he through financial troubles, was obliged to ]iart with Oak
Lodge, his old home. Lafayette, learning of his old friends pecu-
niary trials, generously ofl'ered him assistance, but the manly sjiirit
of the old Virginian could Tiot accept it. He icmoved to New York
to his dauglit<;i'H home, wheic he died. July I. 18.'51,just live years
from the day that John Adams and Thomas Jeilerson died.
JOHN QUINCY ADAMS.
Sixth Presi.lcnt 1825 (o 1820.
The eldest son of I'resident John Adams, born July 11, 1707,
at (^uincy. Mass. He sjicnt much of his boyhood days id)ioad, tiav-
eliug and going to school, in Fiance. Holland and Fiiigland where
he acquired a good classical education. He was a lawyer by pro-
fession ; he at one time held a I'rofessorsliip in Harvard College.
He was appointed United States minister to the Netherlands during
844 READT REFERENCE MANUAL.
WuHhiiigton's prfHidoucry, ftinl during Ijih futher'H term lie waw Hciit
aH uiiiiiHtcr to (lennauy. In IHOU he was olerteil I'liited HtiitoH
Soniitor, lis u IVdrralist, but owing to liiH inability to haiiuoiiizo
witli .JflVfiHon'M cnibiirgo, he icHigned in IKUH. In ISO!) lio wiih ap
poiuti'd luiniHtcr to HuHsia. In 1815 whh sent aH ininibtcr to llng-
hiud, but wfiH HubHe(|uoiitiy lecalhul in 1H18, on the election of
JNIonioe UH jucsidt lit, uiid ic'<"<'ived the portfolio of Sccictary of Stale
iu that administration. In 1S2'1 h« whh tho uoujineo of the Coaii-
tiouiat party for president al)i)r^ with Jackhou, Cruwfoid and ("lay. .
The election went to the house of representatives (as the electoial
college gave no one of the four a majority,) where Adnnis, through
the iuHuenco of Clay, received the votes of 13 state;-', and was elected,
and John C. Calhoun being elected vice preKJdent. On the expiia
tion of his term, in 1829, Mr. Adams retired to his home in Quincy,
Mass. He was soon after elected to congress, where he took his
seat in 18;U,and continued in office for 17 years, distinguiHliing him-
self especially by his advocacy of " the right of petition" in connec-
tion with the slavery agitation. A remarkable fact of this scholarly
statesman was, that when a mere lad, he commenced to keep a diary,
Avhich forms a vivid portraiture of the man and his times; its nu-
merous sigtiificant entries that he was watching tiio world and the
world's ways and fashioning himself to the best possible sphere in
its realm ; near the close of his life this remarkable, yet pitiful entery,
was made: '* Physical disability must soon put a stoj) to this diary.''
The last words in his diary were written to his sou, Charles Adams,
January 1, 1818, and the ring of the good njan is as clear as all his
j)aHt career : " A stout heart, a clear conscience, and never despair."
On the 21st of February, 1818 he was attacked with paralysis, in the
house of representatives, was taken to the speaker's chamber, and
died two days afterwards.
ANDREW JACKSON.
Seventh President, 1829 to 1837.
Andrew Jackson was born in Washaw, North Carolina, March
15, 17(17. His parents emigrated from Ireland in 17G5. . At an
early age he took arms against the British, and was captured in 1781
and imprisoned at Camden. He studied law and graduated before
he was 20 years of age, and in 1788 was appointed solicitor or
public prosecutor of the western district of N. C, embracing what
is now the State of Tennessee : and when the same w as formed into
a territory, he was elected district attorney. He was one of the
delegates to the convention at Knoxville in January 11th, 1796, to
draft the constitution for the Stale of Tennessee ; and in that same
year was chosen to rejireseut the new state in U. S. Congress. He
belonged to the republican (afterwards the democratic party), then
forming under the leadership of Thomas JefYerson. lie entered the
U. S. Senate in 1707, resigned the next year, and was appointed a
justice of the Supreme (^ourt of Tennessee. He resigned his judicial
ottice in 1804, and engaged in agriculture. In 1800 he killed
nionnAi'niFR OF tj?f, rnFsiDENTs. Ilin
C'liarlt'S nickiiisuii in a duel, ami was IiimscH' severely \Mniii<le(l.
.lacksoii, ill iHd") and lisoti joined with Aaron Miirr in an allej,'ed pre-
paratioii of war against Spain; he hooii discovereil laek of lioiiesf
zeal in Unrr's patriotism, and immediately reversed his footsteps,
and soii^dit to make amends and allay IiIh union with liiirr as liest
he (!«)ul(l. Ho defeated the oMicers of the law in their attempt to
have him testify at IJiirr's trial in liiehmond, Ity wiley pretense, of
extreme partisan de<daratioiis. In I sl:t .laekson headed iheTeii-
nesHee militia force to New Orleans, which, hefore reachini,', lln'v
were ordered to dishand; it was in this march that he was named
"Old Hickory." lie commaiided several military corpse in the Indian
distiirliances of the (;iirrent year, ami l>iir). Ife was also sent in
(■oinnianil of the troops that were sent to defend the attack of the
Kni,dish ill the southwest. Jackson's Itrilliant success is too lenLjthy
to even <,'ive a mere ahstract throutfhoiit in this I.oiiisiana caiii-
paif,'ii. In islG he was aujaiii calkMl into service against the uprising
of th(> Seminoles, and it was here that Jackson captured Arliiithiiot
a Scotchman, for conspiring to excite war against the peace cd" the
n. S., and had him court-inartiallcd and executed ; this |irocee(l-
ing (M'cated a sensation, and caused irritation in Knglaiid. Monroe's
cahiiietwas divided on the sultject, and vehement dehates arose, and
Jackson's conduct was thought to he uncalii'd for, especially at that
tinu! when the relations with Kngland were gradually hecoming
more neighhorly and agreeahle. In IH-Jt he was a candidate for
president, and received 0!) electoral votes from the democratitr party,
hut as the house ele(;ted John (^uincy Adams, he was di-featcd, not
hy the jieopic, hut by the representatives. The result of Adam's
election was that a constant political camjiaign was kept up iluriiig
the whole of INIr. Adam's term and resulted in Jackson's election to
the jircsidency in IHl".). The contest wao one of the most unmerito-
rious and unfair that over existed since the Iiidepemleiice of the U.
S. A<lams was a man of high attainments, of honest, zealous ami
l)atriotic purposes, while Jackson, for all his valiant and soldiery ac-
tions were valuable, his other jmblic and private condiuit was far
from being as unstained as his adversary, (^uiiu^y Adams. He fought
out the sweeping out of ollice all the aj)pointees of his predecessor,
and forced upon the country a most vigorous and antagonistic par-
tisan ])olicy; he carried into effect the "bank war." Webster,
('alhoiin and ("lay proposed a vote in the senate condemning his
course, and it was carried by 20 to 20, but the house of representa-
tives sustained the jiresideiit's action, and afterwards, and near the
close of his term, in ls;{7, the senate withdrew their vote of censure.
And like his illustrious predecessors, .lackson left the White House
to spend the sunset of his life at the " Hermitage," a splendid and
productive estate near Nashville, Tennessee, which he cultivated by
having loO slaves. A complete reformation seemed to ripen with
his silken locks, both spiritually, an<I otherwise ; it ])uz/.le<l many to
see the dignitied and court-like bearing the boy that was born in
Waxliaw wilds actpiired; he was asked one day what had so changed
22
340 READY REFERENCE MANUAL.
liim in liis (Mistoms and lifo; liis reply was " I asked myself how shall
a man l)e at peace with liis maker? and, my life now is your an-
swer." Ife had joined the little old church at the HermitaL^e, in
which his wife had worshipped, and which he had at one time built
for her sake. After a strug^de, this man whose nicknanii' indicated
what he was supposed to be, declared he for<fave all his enemies ;
but never expressed a regret for the acts that count now as well as
then the most against his history — the spector of innocent Arbuth-
not and the boyhood follv of voun<r Wood. Jackson asked his
divine ]>astor Dr. Edgar, one day, " Doctor, wiiat wdl posterity
blame me mosr for?" The Do(;tor''s answer was, ^fr. .Jackson I think
they will blame you for proscribing people for o])inion's sake." Jle
died .Iiine the 8th, 1845. As men di-i|)uted fiercely over his acts
and aims while he was "Old Hickory, " men adori'd him even then
wliili' others hated with oceans of hate; so it is now over his
memory, an irreconcilalde history. But to be just, we must say he was
mortal, and ))ossibly upon the whole, unfortunate. In a iiis field
warfare his powerful foes, were but a straw t(* Webster, Calhoun
and Clay. 'I'hey were historical Men-of-War.
MARTIN VAN BUREN.
Eighth President, 18:?7 to 1841.
iMartiu Van Buren was born at Kinderhook, New York, Dec.
B, 1782. He received at Kinderhook the best available common
school education, and at the age of 14 entered ujjon the study of
law; lie graduated iu 1802, and during the next year opened an
oflice in his native town. His early political gleanings were all
Jeffersonian, as he was the idol of the Democratic party. After
six years of law practice in Jvinderhook, he removed to the town of
Hudson. In this shii'e town of his count}', he developed into a
larger professional field, and matched for seven yeais the gems of
the profession, and won a wide legal reputation. In 181.5 he was
elected Attorney- Clencral of New York, and from that time for 20
3'ears lie was thci recognized leader of the Democratic party iu the
'' Empire " Stale. In 1821 he war. elected United States Senator.
In 182l) lie was appointed Secretary of State in Jackson's adminis-
tration. In 1831 he was appointed minister to England, but the
Senate refused to ratify his nomination. In 18152 h(> was elected
Vice-President, along with Jackson as President. In 18157 he was
elected President, and during that year the whole country shook
under a liuancial crisis, by the banks universally suspending specie
pavnients. The President called an extraordinary session of Con-
gress, and in his message advocated the adoption of tlie "Inde-
pendent Treasury System," which was rejected, l)ut subscMjueiitly
unanimously adopted by Congress. In 1840 he v.as again the
Democratic nominee for President: he was defeated by Gen.
Harrison. He smiled in his defeat with as good grace as when
victory perched upon his banner, and upon the deplorable death of
r.TOr.T^APHIES OF THE I'nF.STDKNTS. 347
the president, a inontli Inter, l)ore evidence of liis Li<^h appreciation
of tlie country's loss l)y taking,' a very conspicnons i>art in the
funeral obsec^uies of the dead president. In 1841 he accepted the
nomination for president, but his alliance with the Jackson adminis-
tration caused his defeat. In 1848 he was the nominee of the Free
Democracy, and once more def(^ated. He was an active politician
for nearly 40 years. He was foiei<^n to all his predecessors, and in
fact many regai'diiis })lac(' as never since tilled, as a shrewd and saga-
cious party leader. The present Governor Hill, of New York,
comes as near his counterpart as any man. Yet INFr. Hill lacks in
the tact that Yum Burcn dis])lay('d in reacliing his arms around the
nation's democracj- and gath( ring them into tlie fold ; while he
accomplishes pi<'tly near the national democracy, by nianaging New
Y'ork, lu: fails in tin; outposts. He died at his beautiful home in
Kinderhook, in N. Y., at the ripe age of eighty, July 24, 1802.
WILLIAM HENRY HARRISON,
Ninth President, March 4, 1841, to April 4th, 1841.
General William H. Harrison was born a subject of King
George III, at Berkly, Virginia, Fel). '■), 17715. He was brought up
amiil tlie best mo: al associations ; was sent to the best schools of
thetime and ])lac<\ and laierenteied Hampden. Sidney ('ollege, from
which he graduated with honor. At th<' early age of 19 he enlisted
under General Wayne. In 1795 ho was promoted from a private to
a captaincy, and deputed to a station at Fort Wasliiiigton (the
present site of Cincinnati, Ohio). In 1801, lie was appointed
governor of the Territoiy of Indiana (comprising what now consti-
tutes the great states of Indiana, Illinois. Michigan and Wisconsin).
H(! was sent in command of a regiment to Fort Tippecanoe, in 1811,
to fight the warwhooji redskins, who were both madly wild and
savagely triaclierous ; but he soon quelled these "bui'iiing,
scalj)ing. stealing, phuidering desperadoes, with the assistance of
his admirabh- volunteers ; and from this i\\e nick name, ' Tijipecanoe
Harrison.'" He was elected senator of Ohio in 1824. In 1828,
under the appointment of (Juincy A(hims, he was sent to Columbia
as minister, and u])on Jacksun's election, in 1829, was lecalled. In
18;5(] he opposed Vv. "\'an Huren for President, but was defeated.
In 1840 he again contested the presidency as the re])ublican can-
didate, and if the American continent had been sinking into the
bowels of the earth, tunuilt, vclienuuice. passion, song, parades and
emblems could not be brought nioro into appeals of distress, than
this new blooded I'epublican party had adopted to secure the eleclion,
to defeat the party that for twelve years controlled the mastery of
the White House. It Avas achieved, yes, " Tip])ecanoe and Tyler
too." But, alas! I with what unforseen events? That man proposes
but a Supreme Power disposers. His haTid had Imrely giasped the
helm, when it was weakened by ^ineunioniii, and one month later
relaxed bj' death, April 4, 1841. What can be learned of the man,
.3 IS IlKADY REFERENCE MANUAL.
bears abundfint ovidenoo that his administration woiihl have been
the accomplishment of more patriotism and less partisanisni than
at the time marked the policy of the former ^'overnment.
JOHN TYLER.
Tenth President, 1841 to 1815.
Born in Virfjfinia in 171)0. Was a lawyer by profession. Elected
United States Senator 1S"J7. He was a free trader. 1830 he waf<
the \\h\ff candidate for Vice-president, but was defeated. In 1810
he was elected Vice-president, and on tlie death of (Jen. Harrison
he became President. He, to the astonishment of the Republicans,
confirmed Gen. Harrison's cabinet, and reconciled L s Whig friends
by an inaugural address. He expeiienced much opposition by his
veto of the "Fiscal IJaidc of tli<! United Slates" bill, and also an
amendment of it. The cabinet resigned, excepting the Secretary'
of State ; he tilled the vacancies, but thereby caused dillerences
with the Secretary of State, and he resigned. Calhoun was ap-
l)oint('d to the vacancy. Ajnong the few successful acts of his
ailministration was the ratification, three days before the close of
his term, of the annexation of Texas. He had a very fitful expe-
rience, and it apparei\tly subdued liis desires for ]iolitics until about
the evening of his life, when 1j«! joined issue with the (Confederate
Congress, and at the time of his death, Jan. 17, 1862, he was a mem-
ber of their (Jongress.
JAMES KNOX POLK.
Eleventh President, 1845 to 1849.
r>orn in Noi'th Carolina, Nov. 2, 1705. A lawyer by profession.
He was elected to ('ongress in 1825 : chosen speakei- in the House
of Congress 1835 ; elected (Jovernor of Tennessee in 1840. In 1844
he was nominated as Democratic, candidate for Pr(!sident, and
elected by 170 electorial votes. During his administiation the chief
events were: — the ^^fexican war; adjustment of the bouiidary of
Oregon from latifinle 54 to 40. The adoption of the low taritV of
1845: amendmcmts to the " Independent Treasury System" passed
by his Democratic predecessor. Van Buren, by which tlie revenues
wer(^ collected in specie without the ])Mnks ; the creation of the
Cabinet Departinent of the Interior : and the admission of Wiscon-
sin into the Union. He died June 1.5, 1840. in iiis 55th year.
ZAOHARY TAYLOR.
Twelfth President, March 4th, 1840, to July 9th, 1850.
Born in Virginia, 1784. He entered the army at an early age
and attained for his proliciencj a Captaincy in 1810, and two years
15100 KAnilES OF TUL I'KESIDENTS. 341)
later wiis stationetl at Fort Harrison to ilofoat an u prising of the
Iiuliaiis wliicb was very successrully accoiiiplisiuMl, and lie received
the honor of being promoted to the rank of l.revet Major. ( The lirst
that ever was granted to a sohlier in the United States service.)
After many minor services in military cngagcmeuts, he was ap-
jiointed Conjmander-in fJhief, in Fhuida. in IS-I/) ho was created
General, and put in command of IjUOd men to defend the Texan
boundary against the invasion of Arista w ith (J,UOO troops. He
after considerable lighting, drove back the Mexicans. He again in
the same year with (5,000 men encountered ^Monterey with 10,000
men and successfully made them retreat. In 1S48 he was the AVhig
candidate for President, and Millard Fillmoie foi Vice-presi;Ient ;
Cass and Butler were their o])ponents ; Taylor and I'illmore were
elected by KJIJ to 1*27 votes. In his message lo Congress he advo-
cated the admission of California, and other nujasures resi)ectiiig
slavery that were discordant to his Southern adherejits. He dit^l
in the White House at Washington after five days sickness with
bilious f(iV(!r, and 10 months in the presidency, on July 1), 1850,
in the 77th year of his age.
MILLARD FILLMORE.
Thirteenth President, July 9, 1850, to March ;5, 185:5.
J3oru in Cayuga, N. Y., January 7, 1800. First a weaver, then
school teacher and lastly a lawyer. He removed to Ikill'alo and
practised law until 1828 ; he was elected to tiu^ State Legislature
as the candidate of the Anti-Masonic ])arty. He was elected for
two terms to Congress, and was the chief framcr of the '• J'rote<',tive
'J'ariiV" of 1842. He was an abolitionist. In 184'4 he unsuccess-
fully contested the Vice-presidrucy. In 1818 he was chosen Vice-
president, and on the death of President Taylor, July, lH50, he
suc(!eeded to the Presidency. He signed the Fugitive Slave Hill
and lost the support of his Northern friends. In 1S5G he was the
c;iudidate of tlie American party, but was defecated by Bucannan.
He received a j)opidar vote of 874, 5:J4, but onlv oneelectorial vote.
He died at Buffalo, N. Y., INFarch 8, 1874, in his 75th year.
FRANKLIN PIERCE.
Fourteenth President, 185:5 lo 1857.
Franklin Pierce was born in Hillsboro, New Ham])sliii-e, Nov. '2'.\,
1804. The atmosphere surrounding young Pierce was that l)road,
generous and patriotic ideal of Thonias Jellerson. I'he home was
amid the fields of a New England farmstead. The lads life emei'ged
from such a home, no luxury, no jjoverty, but that contentful medi-
um of a farm homestead, that has produced many of the truly great
men. At 10, he entered the Bowdoin College ; his collegiate career
was said to be that of a good student more than a very brilliant
350 HEADY KEFKUENCE MANUAL.
Hcholai'. In 1824 ho gnuluatt^d, and while niakiuj,' initiativis steps
to iituily law, the Hanie of a Koldier's lil'e absorbed his atteiuit'ii,aiid
he espoused the soldier's j^Mi'b ; but in after year;, he again took up
the law profession and j,aaduated. He niauy times told how ho
lost his lirst ease in court, with a seeming humor ,hat showed how
hia retrospei'tious amused him. In ISI^I he was el n-ted to the State
Legislature!. In 18157 he was elected to the Htate Senate. In IH'A'ii
elected to U. S. Congress — the youngest member of the U. S. Con-
gress since or before. Young l'ier(;e was a polished and liueiit
speaker, and soon won the interest of the chandler. In 18;i7 he
took conmjand of the regiments that went to cpiell the ^Mexican iji-
vaders, and after varied, striking and brilliant engagements at
('ontreras and Cherubusco, here turned to the Capitol and was after-
wards ai)pointed attorney-general in President Polk's cabinet.
Shortly afterwards he was created brigadier-general, and sailed with
the tro()])s from Newport, JUiode Island, again to Mexico; this was
May 27, 1847. In 1850 he presided over the constitutional conven-
tion of New Hampshire. In 1852 he was the Democratic nominee
for Fresid(Mit of the. United States, and was elected over Gen. Whi-
lield Scott by 254 electoral votes to 43 for Scott. The inqxn'taut
events of his administration wer(s the dispute over the ]\Iexicau
boundary, resulting by settlenKmtin the ac(piisition of Arizona; an
amicable settlement of a dispute with Great Britain over the lisher-
ies : the re{){>al of the Missouri compromise, and the organization of
the territories of Kansas and Nebraska; the reciprocity treaty with
Canada; the treaty with Jai)an. On January 24. 1S5G, President
Pierce sent a njessage to Congress in whicli he ciiaracterized the
free state govei'nment in Kansas as an act of rebellion, and justilied
the princij)les of the Kansas Nebraska Act. In Nat. Hawthorn's
sk<!tch of his life and public acts. h(! is termed " a Northern man
with Southern ])rinci]>les ; " doiditlessly he was a pro-shivery Ijeliev-
er, but so was William E. Gladstone. A good man must be a gt)od
reformer. AVe think .Air. Pierce was at heait and head this. He
died October 8, 180'.), at Concord, New Hampshire.
JAMES BUCHANNAN.
rifteeuth President, 1857 to ISCl.
James JUichanuan lirst saw the light in that grand old common-
wealth of William Penn's, Peimsylvauia. at a ])liice known by its
homely n'.un(\ calhd Stony Batter, April 2:5, 1791. Buchannan's
surroundings were rustic as the hills of the old vUleghanies that
overshadowed his native village, with th(! gi'and exception of a very
superior father jind mother. His ]jarents, to the apparent disgust
of the ignorant associations, kept the boy at school, and at the age
of 14 years entered him at Dickinson College His studies were
marked by uncounnon application, ami he graduated at the head of
the list four years afterwards. At 18 he commenced the study of
law, and at 21 was adnutted to the bar. This was the year 1812,
I5IOGRArHIE8 OF THE PRESIDENTS. 351
and lit that tiiuo politiciB ami suldicrs seeiiiod to caiiipose the high-
c'Ht attaiiJiuents of liuowledge, aud young Buehaiiaaii, with a stroug
aiubitioii and a vigorous will, wan inllamed, aud ho ouli.sti.'d as a sol-
dier ; but Hubsu(|ueutly returned to the practice of his profession.
He was then returned to the State Legishiture. In 1821 he was
elected to Congress, a seat be retained for t(ii years. A quotation
from his early speeches runs as follows: "If I know myself I am
a politician neither of the East nor of the West, of the North nor of
the South. I therefore shall avoid any expresions, the direct ten-
dency of which nuist \h) to create sectional jealousies, and at length
disunion, that worst and last of all political calamities."' In 1831 ho
was iippointed minister to llussia, and was instrumental in negoti-
ating tlie iirst treaty between that country and the United States.
In 18.'{;5 he returned to the United States Senate, and was elected
chairnian of foreign all'airs. In IS-l.') Jie was appointful Secretary of
State in President Polk's Cabinet. In the Senate he always main-
tained that Congiess had no right or power under the United States
Constitution to legislate on slavery. At the close of President
Polk's adininistiation, he retired fr(jm politics to the practice of his
profession. In 1853 he again was ai)pointed minister to England.
In 1856 he was nominated by the Democrats as their candidate fo'r
President, and at last, the verdant lad of " Stony Batter '" received,
after a life of various ups and downs, the nation's highest gift, by
being elected president, over Fremont and Filmore. It was early to
be seen, with all his Southern alliliations. that 3Ir. Buchaunau did
not ](;nd anj- countenance towards the destruction of tluj l^niou.
The chess upon the nation's board were badly mixed, and it was de-
s[)aired that ho would lose the game, but critics are many times
good watchers but bad thinkers. His cabinet became unmana<j;cable;
the President, as at all times previous, maintained that the Federal
government had no authority to coerce the seceding states ; he
maintained for the peace of the country to reconcile these rebellious
states by money payments and other grants, or to let them peace-
al)lv go. Harper's Ferry troubles, the Kausiis-Mormon uprisings,
and the refusiil of South Carolina to obey the Federal authority, all
came in u])oii him, and although he dispatched troops to (juell the
I'esurrectionists in South Carolina, he refused to order their with-
drawal or to reinforce them. He closed his administiation at last
in calamity, aud gloom waving its omnious clouds over the other-
wise awakeniuLf land of i)ros])erity. His pusillanimous course can
well be excused if the cost of the fatal war could have been averted,
and that was his sincere motive, by the payment of the money with-
out the d(!vastation of life and the agony of life-long grief sustained
along with it ; that su<!li was his motive wv. are as just to think, if
not more than to disbelieve. He died at Wheatland, June 1, 18(58,
leaving no widow or children, as he never was married.
352 REAUy REFEllENCE MANUAL.
ABRAHAM LINCOLN.
Sixtceuth Presideut, 1861 to April 14, 18G5.
Boru at Laurie, Keutucky, February 12, 1809, of Viry;iniau
dencont ; iu 1810 the family moved to Indiana aud wettled ou u
farm. Abraham worked " farmer-boy like " at all sorts uf labor,
aud it might be said to the entire neglect of his education. He
grew up with great muscular strength, and was noted as a skillful
wrestler ; he was six feet four inches in height. In 1830 the family
again moved to Decatur, Illinois ; about this time Lincoln went
down South on a river boat to New Orleans, aud witnessed for the
first time the treatment of slaves. On his return to Illinois in
183.i, he formed a volunteer com])any, known as the "Independent
Soy Company ; " he was chosen its captain. He was a candidate
for the State Legislature soon after, but met defeat. His next
venture was in embarking in the mercantile business in cr.-purtuer-
sbip ; his partner proved to be a very bad one in many respects,
and their trade was that of a country store, consecjuently failed,
and was forced into bankruptcy. This bu.siness adversity at that
particular time taxed his ability more than the rosjjonsibility
of the Pi'esidency of the United States, with its most stormy polit-
ical aud belligerent cares, apparently did afterwards. He then en-
tered upon the study of surveying, but renewed misfortunes still
followed him, and his surveying instruments wore seized and sold
for his old store debts. Penniless he turned his attention to law,
and like the June grass absorbing the dew, he soon made progress
in the profession, and graduated within three years; he commenced
his practice in Springfield iu the spring of 1837, and soon gained
a very lucrative patronage v/hich enabled him to redeem every obliga-
tion he owed with interest in full. In 1840 he was a candidate for
the State Legislature, and was elected ; it was in this campaign
that he foreshadowed the Lincoln of 18(51. In 184(! he was re-
turned to Confjrcss, and soon made very severe opposition to Presi-
deut Polk. He voted for anti-slavery petitions, for inquiries into
the constitutionality of the slave traffic, and zealously appealed to
Congress antl the people in behalf of the " poor slave," and its ab
solute abolition ; he advocated a remuneration to slave-owners in
lieu therefor. His following was neither large nor enthusiastic,
which crushed his ambition and philanthropy so sorely that it caused
hini to abandon jiublic life for a time, by not seeking reelection to
Congress. In 1858 he was again induced to lekindle his eltbrts to
abolish slavery by becoming a candidate for the senatorship, and
was pitted against his formidable adversary, Douglass. During
this campaign he made the speech known as the " House divided-
against-itself-speech," so called from the words of Lincoln, as fol-
lows: "This house cannot remain half slave and half free ; I do
not expect the Union to be dissolved, but I do expect it will cease
to be divided." Douglass with his sarcasm and unmanly attacks
against him for his early poverty and occupations, was very trying
to Lincoln, but his natural well-balanced sense and tact cast them
IJIUGRArHIES OF THE PIIESIUENTH. o53
oft' by good bumorotl retorts; the cloctioa whs, however, lost by
Lincoln ; it was a ccnciucst for Douglass won by stratagems of
questionable honor, apart irom the popular vote. In IHfJO the Ke-
publican national convention met at Chicago; r.niCL.;' tlu marked
clauses of their platform adopted, was the foil 'viii^^. " We deny
the authority of Congress or of a territorial legislative body or any
individuals to give legal existence to slavery, in any territory of the
United States." William H. Seward and Abialunu Lincoln were
nominated lor the presidency, and upon the third biiHot, Lincoln
was declared elected. Breckeuridge was the presidcMtial nominee
of the Democrats, and Bell and Douglass also entered the contest
under other party Hags. The election resulted in the following
electoral vote: Lincoln, 180; Breckeuridge, 72; Bell, 3'J ; and
Douglass, 12. Before his inauguration seven States formally
seceded from the Union, and there was danger that seven otlun-s
would soon follow, ;ind four which did. He was inaugurated
IMareh 4, and delivered a powerful address, in which he said: "I
hold that in contempliition of universal l;iw and of the constitution
the union of these States is perpetujil '" '" * the power eouiided to
nie will be used to holtl, occupy, and possess the property iind
places belonging to the government, and to collect the duties ;ind
imposts; but beyond what niiiy be necessary for these ()l)jects,
there will be no invasion. * * * In your luimls my diss:itis1ied fel-
low countrymen, and not in mine, is the momentous issut' of civil
war." During the preceding administration large cpiaiitities of
;irms and :immunition had been removed from the national arseti;ds
in the North to those in the South; the army, only 1(),()0() strong,
had been sent to remote parts of the country; the navy had been
scattered to distant seas; the treasury' was emj)ty. On March 10,
Forsyth and Crawford, as " commissioners from a government
composed of seven States which had withdniwn from the Union,"
signiiied their desire to enter upon negotiations for the adjustment
of (piestioiis growing out of the sepanition; but the Secretary of
State, Mr. Seward, by direction of the president, declined to n'-
ceive them, iis " it could not be ;idmitte(l that the States referred
to had, in law or fact, withdrawn from the federal Union, or thiit
they could do so in any other manner than with the consent and
concert of the people of the United States, to be given through a
natiniijil convention." The delivery of this comnnmication wiis
withheld, by consent of the commissioners, until Aj)ril H, when it
Wiis speedily followed by the bond)ardment of Fort Sumter, which
]»reeipitated the civil w;ir. On April 1-5, President Lincoln e;dled
out tlie militia of the several States, to the inunber of TT), (>()(); on
the 10th he ))rocIaimed a blockiide of the ports in all the seceded
States; on May ;?, he called out 42,000, three-years volunteers.
An extra session of Congress was called to meet July 4. On ac-
count of the secession of the Southern St;ites the Jiepublicans had
a large majority in each house. Congress promptly passed bills
authorizing the President to accept 500,000 volunteers, and the
placing of a loan at the disposal of the government of $500,000,000.
354 UKADY ItEl'KJfENCK MANUAL.
'l'li(( I'rcsidi'rit li.ul siisjii'iMlcd \\\v wvh of /lahcds ■ rpim on i\f;iy ;i,
iiiiiii order uddrcsst'il to tlic coiiimaiidi'r of tlii' fore -on tlic l''lori(l;i
(•oust. On iIk' liTtli of llic sanu' nionlli, (l<'n, (' idwcller, licinj^
aiilliori/cd by tlio INvsident rcfiiscd to obi'3' a writ sHiu-d \>y ("liiid"
.Iiistice 'rancy for tlic release of a .Maryland secessi' list iinjirisoned
in Foil Mclleiiry. Tlio eliief jiistiee then read an i |iinioii that the
President eoiild not sii.spend the writ, and most < <i' the joMriiiils
opposed the administration violently; whereupon some of them
were refnsed admission to the mails, and at the san e time restric-
tions were jilaced on the tek'nniph for the use of llie i)ress. To
]irevent the border St;ites from joiniit,!? the eoid'e'leraey was tli(!
most diflieult p(jrtion of the President's task, and i;i pursuance of
this object he steadily refused ajijieals for a general emancipation.
On Alii;. L'li, ISU"-', in re|)ly to an open letter addro^ed to him by
Horace (irreeley, JMr. Jiincoln wrote: "My paramou itobject is to
save the Union, and not either to save or destroy slavery. If I
(ronid save the Lrnion without freeing' any slave, I W(»uld do it; and
if I could do it by freeing all tiie slaves, I would (b> it; and if I
could .;) it by freeint; some and leaviuL;- others alone, 1 would also
do that." However, it was not a month from the writini; this let-
ter to fJreeley, his hand sit,'ned a declaration to come into effect
January 1, iS(;:i, that the slaves in all the states or parts of states
which should then be in rebellion, would be proclaimed fi'co. 'i'lie
battle of Gettysburg, July ]-:i, 18(i:{, was the straw or the cannon
that dismayed the Confetlerate troo|)S, and Lrradiially they became
demoralizeil and disheartened. Concurrently with the civil war,
IMexico was causin[>' troubk — the French government reciuesting
the Uinted States to recoifui/e ^Nlaximillian in Mexico. The national
convention at its assi'mbly, .luly s, isOt, renominated Mi". Lincoln
as the Hepublican candiibite, and Andri'W Johnson for Vice-])re8i-
deiit. The ])latform ap])roved "the determination of the govern-
ment of the L'nited States not to coiiijiromise with rebels, nor to
offer any terms of |)eace except such as may Ite based upon an un-
conditional surreiicler," and recommended the complete abolition
of slavery throughout the United States by constitutional amend-
ment. The Democratic convention, held August '2'.), nominated
Gen. McClellan for President. That party adopted the following
plank in their )>latform: "That this convention does explicitly
declare, as the sense of the American peo))le, that, after four years'
of failure to restore the Liiiion by the experiment of war, during
whicli, under tlie pretence of a military necessity, of a war jtower
biglier than the coustit iition, the constitution itself lias been dis-
regarded ill every part, and publii; liberty and private rights alike
trodden down, ami the nmterial prosperity of tlie country essen-
tially impaired, justice, humanity, liberty, and the public welfare
demand tliat immediate t'fforls be made for a cessation of hostili-
ties, witii a view to an ultimate convention of all the States, or
other peaceable means to tlie end that at the earliest ])racticable
moment, jieace may be restored on the basis of the federal union of
the States." The issue thus squarely presented was maintained
niOGUArillES OF THE rilKSIDKNTS. 355
tlin>u<^lu)iit tlif cHiivaHs, :iii<l tlic I'lt'cticiri was lodkcil for a |M»|nilur
vrnlu;!, wlictliir the war would l»o contimii'il or not. 'I'lic contest
ri'Siilti'd in Ijncoln obtainini; \>y the populai- vote, -J/J 1 .S,*')!!,") votes
and (Jen. McCU-Ilan I, sol', 2:! 7. On February ;i, rresidciit l/incoln
and Secretary Seward held a conference witii Alexander II.
Stephens, U. M. Ifiinter and J. A. ("arnpltell, on a Ljunhoat in
Ilanipton Jtoads, hiiL no result was reached. Mr. Lincoln, in his
sect)nd-t«'rni inauu;ural address, closed with the now famous pas-
sa<;i': " With malice toward none, with charity for .all, with lirm-
ness in the right as (Jod ^\vus us to see tlie right, let us linish the
work we aru in, to bind up tiic nation's wounds, to cure for him
who shall liave l)oriio the i)attle, and for his widow and his
oi'phans, to do all that may achieve and chi'rish a just and lasting
peace among ourselves and with all nations." On the day after
the I'vacuatiftu of Jlichmond, tlu' Presidi-nt entered it, accompanied
only by his son and Admiral Porter and a few sailors. The tall
man, with a sad, kindly furrowed face, w.is seen moving on foot
through the streets, leading his young son by the hund. Antund
him grateful colored people ])resse(i, shouting and sobbing and
hailing him jis their liberator. All he could do w:is to take oil' his
hat and reverently bow; he could not speak; the great soul lilled
liis eyes with anguish and his tongue witii silence. 'I'hat hour was
the triumjdi of the innermiin that lived within him from his first
trip to New Orleans. Did he count the cost of his lifelong hanl-
shi|)S as too great a price to pay for the casting off of the chains
from these poor slaves? No, the work was (b)ne and Abraham
Lincidn was glorified. Less than two weeks afterward, on Api'il
14, tlie tired President, at the solicitation of ]\Irs. Lincoln, attended
Ford's theatre, to rest his mind from the strain it had undergone
for over four year.s, accompanied by JNIrs. I/mcoln and a few
friends. A few minutes past ten o'clock, an obscure actor, John
Wilkes liootli, entered the box, having first barred th(^ passage
leading to it, approached Lincoln from behimJ, placed a pistol close
to his head, and fired; he then leaped from the front of the box
upon the stage, brandishing a dagger, shouted " /Sic settiper tyraii-
?ns / The South avenged !" disappeared behind the scenes, passed
out of the stage door, and escaj)ed. The President was removed
to a ])rivate house on the op])()site side of the street, where he died
in about ten hours afterwards. At the same hour the President
was shot, Secretary Seward was attacked in his private house, and
it iiecame known that an elaborate plot had been formed for mur-
dering simultaneously nearly all the chief oflicers of tlie govern-
ment. i'\)r tins plot eight persons were tried by a military com-
mission, and four of them (including a wmnan), wer<' execiuted and
the remainder sentenced to hard labor for life; one died there, tlie
remaining thi'ee were ]»ardoned by the successor to liitu-oln. Presi-
dent Johnson. Lincoln's remains were buried at Oak Itidge cem-
etery near Sjiringtield, III., where an elaborate tomb surmounted
bv a statute of hincoln, an obelisk, and four svmbolical liifures. A
colossal bronze statue, erected by contributions of colored people,
350 HEADY IlEl'ERENCE MANUAL.
wiis iiiivfilf(| ill I/uicolii I'iirk, WiisliiiiLftoii, in ls70. Wn cannot
refrain a»ltlin<^ to tliiH Hl^itch of a man's lift.', that wi; iiavc loved
with flic \vli(»!c: of civilization, tlic jilaiidit:
" JjJNt's ol' ;;rc;il IIICM, all Icliiillil ll.s
We ciiii iiiiikc <iiir li\('>, NiiMiiiic,
And (Irpiirtinn leave lieliiml lis
l''(H)l-|)riiits un the sands ol' time."
ANDREW JOHNSON,
Sfveiitecutli President, — April 15tli, ison, to JManli Itli, Inou.
Andrew .lonlisoii, the " twisly-willed president," was born at
Ilaleiifh, North Carolina, Decendier '_".), isos. His early life was
that which may he called shadeil from fortniie in almost evi-ry way.
I'overty and iirjihanaj^e in a dei^ree, that can well heinia^'ined when
he was sixteen years of ay^e, and did not know the letters of the.
Knylish alphahet. lie learned the tailors trade and at a very I'arly
;i<rv married a wry attractivi' i,nrl, whose education was in every
respect sujjerior to his own. With a true woman's devotion and
pride she set about teaciiini;' him, while he worki'd at his trade in
his own home in tlu' eveniiiL^s, lly this means he ac(piiied tlu'
rudiments of an education, whi(Oi his mind t^ripped never to let go.
INIany times marriau^e works (|ueer freaks, sometimes happiness and
(d'ten the reverse; but in .lohnsoii's (!ase it was the foundation of
all his greatness, the bei;inninnand the end of his sweetness of life;
in his unhappy public, conllicts, that true woman at home was the
Ol y living- balm of i^ilead, that could calm <lown with the wi'i_L,ditof
a hair the rollint;- billows of bis stubltorn will. At the at^e of '22 he
was elected alderman of Gn-enville, J lis early speeches were tiery,
punj^ent and convincinLf. lie invested every word with that force
of cluiracter that c(uild only heat the words, to the power of which
he possessed over men, in his own jteculiar style. In is,'!.") lie was
elected to the Htate Lei;islatun', and to II. S. Compress in It^liJ. He
was elected ,<^overii(.)r of Tennessee in isf);!. Klettled to the IT. S.
Senate in 1857. He manifested strong sympathy with hisSoutliern
friends; but never rela.xed his su]iport of the Union. lie was in
favor of the ])olicy of allowing each State to make their own laws,
regulating the slave traile. In the presidential election of ISOO he
supported IJrekenridge against Lincoln; but in all his speeches he
gave expression to strong union princi])Ies; thereby destroying the
friendship of the South and building n\> a new frindsliip in the
North. About this time his State (Tennessee) had seceded, and so
violent were his old supjxirters over his llnion speeches that on liis
return to Tennessee lie found the terrible jiassions and frenzy of the
j)eople had been let loose. He was burnecl iIlel^igy; bis invalid wife
and child di'iven out of their home as fugatives, his house sacked
and burned. J>ut the iron-minded man was not to be coiwpiered in
that way; he renewed his battle-cries, though every volley goaded
f,hese mad people into fresh indignation; but his courageous and
liFOnnAPFIIEH OF THE PRESIDENTS. 357
almost f<'arlf'f<» r-lmrarfcr, disinayod tlicso rclu'llioiis poopli' into par-
tial siilMiiis.sioii, wli*-nii|ioii I'nsiilcut Lincoln a|i|M)int('i| liiin milita-
ry (iovcrnor of 'rMims.st'c; lie, tliroiii^li liis iinpt'tuous ailvoiracy <»f
T^niori, suc(;««'<li-i| in Ht'ciirin<^ tlic t^rcatxT portion of tin- Statr into
aiU'f^iancc to tin; I'nion i,'nv»'rnnu'nt. In isiu Ik- canu' out an nn-
coniproniit^in'^ supporter of tlic Union ainl was nominated as \'ice-
I'resident aloii;j with Ijncuiln at tlie National Convention held at
Chieaf^o. Six weeks after takini; oilice the direful assassination of
laneoin iislmred him ititn the chief ollice of the then despairin<,', i;riev-
ini; and frenzied natifni. The air of the whole North seemed
blackened in infMirnin<j. The day of his inautj^uration, was
certairdy the sadest day that ever dawned n\u)u the Ifnitetl States.
'J'he South dreaded him with fear, as he talked of " punishin;^ trea-
Hon and hanjriiiix traitors." The North while believinj^ him a <^oo<l
solid mate to IJneoln, feared that without Lincoln's moderate for-
^iviuLj counsel he wr»uld d(>al out it; vindictive, remorsless ven-
gemte his ruh- over the South, w hich was not in accord with their
plan of closing; the painfid wai-. Karly in his a<lministration he of-
fered a reward for .JelTersou Davis of $1 ()(),()()(); hut his every move
after that seenK-d to l»e tjivini,' away the j^ame to his old friends in
the South. This put his cahinet into confusion, aiid feuds and de-
ception sorin envelr»perl the whole administration. He proclaime<l
a partial amnesty to all secessionists, that would rem w their oath
to the r. S. II«" vetoed the " Civil Rights Hill" which was an Act
to exteml the freemen's bureau; but Coni^ress passed it over his
veto. Coni,'ress passeil an Act formin<f the seceded States into live
districts, to be known as military districts, which were to be under
an t'xc'cutivf military <^overnor and subject to martial laws; this
bill he vetoed witba most vehement comlemnation, as an unconsti-
tutional and cruid device. I Jut the House j)assed it over his veti».
The Presi .cut advised w itii Attorney-Cieneral Stanford as to the
h'lraiity of this Act, whose veidi(;t was i;onsidereil ])y the cabinet,
anrl it was ;iure«-d to procdaim its nulillcation u|)oi\ unconstitutional
ijrounds; Secretary of war, Mr. Stanton, alone dissent inuj. In July
afterwards, ('on;^ress passed an explanatory Act, settinij out that
the authority of the military (loveniors over these live districits
was under the perot^ative of the Commander-in-Chief and (General
of the I.'. S. Army. This was vetoed and passed over the veto.
He then dismissed Secn-tary Stanton, and appointed (Jcneral (iraiit
ad hiterim. Mr. Staiitmi siibmittecl undei- ])rotest, denyini^ the riu;ht
of the l*resi<lent to remove him under the tentire-of-otlice Act then
in force. On Aui(iist:i(), the President issui'd a proclamation declar-
in<4' th.-it jieace, order, and civil authority existed once more through-
out the I'ldt^'d States. On Sept. 7th he declared an amnesty which
rcdioved all the white inhabitants of the seceding States from liabil-
ty to confiscation of their property, and restored to them the rii^ht
of suffrage. When ('onifress assembled in December, they nd'used
to sanction the removal of Secretary Stanton; whereupon General
Grant immediately resitjneil his ollice into the hands of Secretary
Stanton. On Kebriiary -'fst, Mr. Stanton was again notitied by the
358 READY REFERENCE MANUAL.
ProHidctit of liiN removal, and tlic appointment of Cleneral Tliomas
as Secretary <i(t interim. The Senate paHsecl a resolution deciaiint;
the rresi(h'nt had no authority to remove the SecM'etary (d" war, and
desij,'nate any otlier person to perform the duties of the otlice. Mr.
Stanton thereupon refused to vacrate the oHice. 'I'ht' House of llep-
reseiil.'itives passed a resolution that tlie I'resiih'ut l>e impeacdu'd
for hiL,di erimes and nnsdemeaiu)rs, wliieh was cairied l>y li'ti yeas,
47 nays, and 17 not votinif. The articdes of im|U':Kdiment w«'re
presented to tlie Senate on March .'jth. The specrilications were
Itased on the I'resident's removal of Secret.iry Stanton, Ins expres-
sions in puldicr speecdu's of contempt of Cons^ress, and his hindr.ince
of the execution of some of its A(!ts. The trial heijan on ^Fandi
'j:trd, and in .May the President was accpiitted; .'?."» votini^ <,'uilty and
l!> not f^uilty — a two-thirds vote being re(piired to convict. On
Jidy 4th, isOH, Presich-iit Johnson issued a pro(rlam;itioii of pardon
to .all persons except those under indictment in the IJ. S. Courts ;
and on December 'JTyth, a full ])ardon to everyone who had participa-
ted in the ndx'llion. In I S7(), ufter his presicU'iitial term, he was a
candiibUe in 'IVmiessee for the U. S. Senate, and was defeated by
two votes. In lN7L'lie was a candidate for Congressman at lars^e,
but was anjain defeated. In lH7o he was elected to the U. S. Senate.
lie died wliile on a visit to hiadauLfhter at Carters Station, ,luly lUst,
lH7r). I'resi(U'nt .lohnson was a very remarkable man in many
thint^s; while he built up with one hand, beseemed todestroy with
the other. Critics have always char<,'ed his prodigal abuse of his
otlice in a \i'ry indidgeiit m;inn"r. liui'tiing him with the caustic of
wrong doing only, along with his contrary and personal-sighted
cabinet. Strange, indeed, that most writers believe he was at all
times conscious of the opinion ho was doing right, and seemed to
have rested his otherwi.se distracted hopes upon this sort of supj)o-
sition. True, his mighty voice had been in tlie most perilous places,
lifted up to denounce the disunion of the nation; true, he had lost
all his accumulations for years, in defence of the Hag of the irnion;
true, be nearly lost his own life, and that of his family, in defending
and maintaining all that could be most justly accepted as the cause
of right. Hut a nature that could melt almost any ])eo|)le in elo-
• pience of speech from the ])latform, but one tli.at could not assimi-
late with or be controlled \>y co-e(pials in a government. lb; was
the orator Statesman of Presidents; while, sad to think, the most
significant failure of them all.
ULYSSES S. GRANT.
Eighteenth President, is«9 to 1877.
The subject of this sketch, Ulysses S. Grant, was born at Point
Pleasant, Ohio, April 27, 1822. His father was of English descent,
and i)ursucd farming combined with tanning leather for a livlihood.
He was iii good circumstances, though not what Americans term
rich, and contributed to the education of his family as good as was
IIIOGRAI'HIEH OF THE I'RKHIDENTH. 359
within Iii« iiicjins. At tlu> n<xo of srvon, UIvhhch used to drive a
tt'.'im ill draw iiiix " taii-liarlv" I'rotn the Ininlock wooils to the Old
'raiiiicry; at cli'von he plouiiflird in tiir fields upon the farm, and
was Haiti to he an expert |iloiiL:li-l)oy in inarkini,' out, a strainjlit f'lir-
ntw, a eliaraeteristic tiiat appears to liave adiiered to liis actions all
his lite; in oilier respects. I'lysses was a contented, lu'althy, indiiH-
trioiis, jjood-teinpered home hoy. While his early siirroiiiidiiiijH
lacked the advantai^es of retineiiieiit and iiitelli<renee of the city, it
lackeil the vices that make the atmosphere unwholesome for any
hoy. At the ai^e of seventeen he was sent to West I'oint Academy,
and on eiiteriii!,' his name, a mistake occurred wliidi was never de-
lected until he i,'iinluated and his certificates made out, when it was
resolved to let his name stand — his naiiie was Hiram I'lysses instead
of UlvsHes S. It may he said of Grant that his i)rofesMioii was that of
a soldier. He was promoted from a private to a captain in 1 s.^li, and
from a captain to a colonel in isiil; and the latter part of the
same year hri^adier tj^eneral of the volunteer corps. Ho was in the
('nir;i<remcnt (kf Belmont, in jsoi. In Fehriiary, I sd-j, he started for
I'aducah with ir),(i()() jneii to capture Fort Henry with a fleet of j^un-
hoats, and after he accomplished the capture and forced them to
surrender, he immediately attacked Fort Donelson, where he scored
a hrilliant victory. In April, isO:}, he trained the historical victories
of Haymond, .lackson, Cliampioirs Hill, and Hit; IJlack Hill; l)esci<fed
N'ickshui'Lr and forced (Jen. JVmherton to surrender with ahout
•j7, 000 prisoners. On July 4tli, iso;), he was ju-omoted to the rank
of major n'eiieral of thercj^ular V. S. Army. He was then ordered to
Chattaiiooi^a and Missionary liidLTc, an<l latterly, Look-out-Mountain
where the confederate General l>riir<;s, was compelled to evacuate
hy the stormiiit,' of Grant's army, March, ISOl, he was placed in
full command of the I'nion army and located his headipiarlers
with the army of tiio Potomac. With 700,000 men underarms and
uiiliinited jtower, it was then his marvellous skill as a military Kint;
was displayed to the world, hy the attacks he made on Ricliinoii<l
and Atlanta; he jiitted Gen. .Mead a<>ainst Lee at iiichmond, and
Gen. Sherman attains .Johnson at Atlanta. It was the hackhone of
the confederate's defences, and (ieiieral Mead e.\perienced a very
dithciilt task in matching' (jcii. Ijce, owiiit;^ to Ia'c's craft and tact
ill maiiipiilatinjf his forces in amhiish fashion; suffice it to say in
this hrief reference that these seiures were dreadful; tht^ Federalist's
losses reachiiiL,' oo,00(), and the Confederate's losses ;i2,000, (this
was from May :?, to June 15). 'I'his was somewhat discourai,'inif to
the I'resideiit'and he communicated with Grant as to future pros-
jiects, and Grant's stern reply was, " I propose to fi^ht it out on this
line if it takes all summer." (Jrant tlu'ii hejjjan his seitfe of IVters-
hiirirh, which ended after the victory of Five Forks in April, lf^05,
when Richmond was evacuated and Lee retreated, followetl by
Grant, who forced his ..irreiider at Appomattox C'ourt House, April
0. (See the " Battle of the Wilderness.") After the war Grant
lixed his headquarters at WashinLfton; and on July 25, lS(5(),he was
commissioned (icneral of the United States armies, a rank specially
300 READY REFERENCE MANUAL.
creatcil for him. Duririf^ the suspension of Secretary Stanton by
J 'resident Johnson, lie was appointed Seeretary of war ad inferhn,
from Auf-'iist 12, IH(i7, to Jan. 14, l8(iS. At the re])ubliean National
Convention in Chiea<j:o, May 21, iSdS, hp was nominated for I'res-
i(h'nt witli Schulyer Colfax for Vice-president. Tliey earried 20
States, and received 214 el"'*,oral votes, as^ainst 80 for Seymour
and lUair. lie was inauirurated on iMarcli 4, ISOO, and as he was in
political accord with tlie majority in C'onyress, the reconstruction
of the latest rebellious States, which had been delayed (birin<r
Johnson's administration, now went smoothly on. The act to en-
force the provisions of the 1 Ith amendnu'ut of the constitution was
followed by a I'residential })roclamalion exhorting obedience to it.
In ls71 he Unsuccessfully urfjed the annexation of Santo I)omin<fo
as a Territory of the IJ. S. A court of arbitration at Geneva,
Switzerland, in 1S72, awarded $15,5()0,()0() to be paid by the Jb-itisli
(Tovcrniueiit to the United States for damages to American com-
merce' by confederate cruisers fitted out in British ports. A-t the
Kepublican National Convention held at I'hiladelphia, June 5, isVl,
he was nominated for President and Henry Wilson for Vice-pres-
ident, and were elected by a popular vote over the Democratic can-
didates of 7(12, no 1, and an electoral vote of 208, against so. It was
during the close of this 42d Congress that the salary of the I'resident
was raised from $2 ,000 to $oO,000. The last terin of his adminis-
tration was one that the country will long remember; financial dis-
tress was spread broadcast throughout the land; and to make matters
worse, his administration was hehl largely responsible for the cause.
After his term of otiice expired, he determined to gratify the long-
ing of his life, to go around this ])lanet. In 1872 in company with
his wife and youngest son, he sailed on the steamship Indiana; tlu'
tlags waived and the salute from guns thundered tlu'ir />o>i. voyac/e
to him as the majestic steamship left the shores of the country that
he had so indulgently and earnestly, by his bravery and wisdom de-
fended and extricated from the meshes of devastation and disunion.
His reception beyond the sea in that old fashioned land, reads more
like a fable than facts, but that Britons honor a good soldier as no
other men can, was in the noV)le General's case abundantly exenip-
lilied. Monarch's, noblemen, statesnu'ii, chancellors ami bishops,
whose unbending formalities time has hardened to a stilfness that is
almost impregnable, cast olf their rules and the " Fn-edom of the
Soldier" like the sunlight s])arkli.'d in the n>ost stately halls to
honor America's greatest soldier. After his return he choose
New York City as his home, and good and proud she was of her
illustrious citizen; he engaged in political (U)nHicts,.but very little
afterwards; he was souglit for a third term in 1880 but as held him-
self, it was a ](rocei'(ling opposed to the traditions and precedents
of tlu! sxovernment of the llnited States. While at Long Branch in
1884 he discovered cancerous affection in his throat; the disease
made its slow but certain i)rogress until July 2:?, 188,5, when the
gri'at pageant of an American soldier closed his eyes in death, amid
the surroundings of his beloved family, and the sympathetic mourn-
lilOOIUPHIEB OF THE PRESIDENTS. 301
ingot" a <; rate I'll I nation. His widow has iml>li.sli('(l the history of
iiis life and military career, which is one of tlio most interesting
works of a biographical character ever publislied in this country.
RUTHfiRFORD B. HAYES.
Nineteenth President, iMarcL 4, 1877 to March 4, 1881.
Rutherford B. Hayes was boru in Delaware, Ohio, October 4,
1822 ; his father had died the July before he was boru ; he came
from New England stock, and originally from the Green Mountain
State of Vermont. His early childhood was a smooth, comfortable
and prosperous one. No struggle with poverty, and no anxiety over
a prep'^uderauce of wealth. He was at an early age sent to the
academy at Newport, Ohio, and later he was sent to Middletowu,
Connecticut, and lastly he completed his studies in Kenyon
College, Ohio, where he graduated in 1842. He then entered the
Harvard Law School and attended this for two years, and then
finished his legal course, and is what may be termed a highly tnluca-
ted lawyer. He entered upon his i^rofessional duties and having
within bis ac(|uaintances many very prominent people, he soon es-
tablished a very extensive practice. In the civil war lie was ap-
pointed major of the Twenty-third Ohio Volunteer Infantry ; be
was appointed judge-advocate and afterwards lieutenant colonel.
He had a brilliant career in the battle of South Mountain, Septem-
ber 14, ^"^(12, in which he receiveil a bullet wound that forced him
to leav the army for a time, but as soon as he recovered he again
took charge of the troops. There were other men wliose services
were more prolonged and more said about, but what General Hayes
did, was well done. He was afterwards promoted to the rank of
lirigadier-Gejieral. He was nominated while serving his countrj
in the battlefield, for Congress, and elected December 4, 18C5. In
18()7 ho was returned as Governor of Ohio, and afterwards elected
again to the same position. After this he retired to his home in
Fremont, Ohio, where he had settled in early manhood. In June,
184(J, to his surprise, he was nominated as the Ilepul)lican candidate
at the National Convention and subse(iuently elected, although the
contest as will be remembered resulted in both the Democrats and
llepublicans claiming the ot1'u-e, causing considerable disturbance
and anxiety in every quarter ; but at last the country settled down
trancpiil and confident. He had very decided opinions on civil ser-
vice reform, and he sought to promote this idea generally. The
Hayes administration conducted the atl'airs wisely and well, and
allayed all the bitterness of the hustings, during the election. He
is along with Gi over Cleveland the oidy surviving ex-president, and
it is a pleasing fact that Ex-President Hayes is, with his estimable
con\panion in li.^V, spending the sunset of his days in comfort,
health and happiness, in his home at Fremont, Ohio.
3G2 READY KEFERENCE MANUAL.
JAMES A. GARFIELD.
Tweutieth rrebideut, March 4, 1881 to July 2, 1881.
James A. Garfield was boni iu a uewly rairieil log cabin iu
Orauge, Ciiyalioga Coimty, Ohio, Novemlffer 1!), 1831. Hi» pareuts
were of the earliest Puritan settleis of MassachuBotla ; his lather
beiug of English extract and his mother of the Trench Huguenot
lineage, who settled on the Isle of Guernsey at St. Peter's Port, its
jiresent capital. James A. was the youngest of four children, and
was only eighteen months old when his father died. It can by
most people be well imagined the picture of his early surround-
ings ; a backwood's home, a widowed mother with four children and
no money. Mr. Garfield's first innings in life bear resemblance to
that of Lincoln ; and while it may seem tiresome to point out the
beginnings of many of this country's great men in this manner, it
is well to imjjiess the fact that the footprints of these men will re-
mind us all that the beginning of a successful life may start from
auy home in the universe, rich or poor. His early education was very
limited ; the district school and borrowed books comprised the de-
partments of tuition open to him ; these he utilized as best ho
could. His occupation consisted of working on the farm, an ap-
prenticeship at carpenter work, and driving mules on the canal tows.
In 184i) his ambition had a fortunate turn and he was enabled
through the assistance of a benevolent clergyman to enter the
Chester academy, and later, Hiram college, an institution founded
by the Disciples. His college expenses a kind uncle contributed
$500 towards. He entered William s college and from that he
graduated and upon his return to Ohio he accepted a professorship
in Hiram college, and subsequently its presidency. Concurrent w ith
his duties in the college he set about studying law. Upon slavery
he was the follower of Lincoln as near as thoughts can run in the
one current. In 1859 he was nominated for State Senator and
elected. In 18(il, he with thousands of other patiiotic men who
believed they had a country to live or die for, set about organiz-
ing a volunteer company, known as the "Forty-Second of Ohio." To
the front they went with Col. Garfield at their head. And he met
Marschall in the Big Sandy campaign at Prestonburg with victori-
ous results. After this he was promoted to the rank of brigadier-
general by the President. He was in the engagements of Corinth,
Chickamauga and other sharp skirmishes. He then left the army
and was elected to the House of llepresentatives, where he devoted
seventeen long years in the interests of his country, serving them
with all the forces of his intellect, and with all the devotion of his
heart. The range and enumeration of his Congressional labors
cannot even be recounted in the brevity of this notice in abstract ;
they deal with an immense variety of interests; suffice it to say they
were the burning issues of his day. General Garfield like
Senator ]<]dmunds, was a political student, that improved every
moment he could snatcli from other duties to accpiiring substantial
knowledge ; and the result was that he become as is vulgarly
BIOGRAPHIES OF THE PRESIDENTS. 3G3
known "A library on legs." What be did not know of the issues
of the United States internally and externally was notwortb know-
ing. In IHiSO be was at tbe Republican nomination held at Chicago
nominated for President, and in November afterwards elected.
Shortly after his inauguration the political situation became very
trying over the appointment of Judge llobertson to the New York
Custom House. Senator Conkliug and his colleague I'latt, had
resigned their seats in the Senate, aiul sought by appealing to
their constituents to secure by their re-election a rebuke to the ad-
ministration in its (!Ourse ; but in this they were deceived, as they
met with a <liminished support. The morning of July '2, 1881,
(hiwned outside of this political disiilTection, upon a peaceful and
prosperous nation, when the President in company with Secretary
Blaine was at the depot in Washington leaving for a midsummer
vacation at Elberon, when he was assassinated by the notorious
liend, Guitcau. The long weeks of suffering and strained anxiety
that spread over the nation, and indeed civilization, is and must be
fr(!sh in the memories of every one. Though the skill of eminent
physicians balUed oil' death until the l*.)th of September, the vigo-
rous man of life and lindj, of love and learning, at last yielded to
the mastery of death, as so admirably expressed by Burns in his
Robert Bruces address to his aruiy when charging upon the Eng-
lish at Bannockburn."
"Scots, wlui liiie wi' \V;ill;ucl>lc(l,
Scots, wliii liruce liiis olton led ;
Welcome to your gory IxhI,
Or to a glorious victory."
CHESTER A. ARTHUR.
Twenty-first President Sept. 20, 1881, to March 4, 1885.
Chester A. Arthur was born at Fairfield, Vermont, October 27,
1830. He was the son of a Baptist clergyman, who in his early
youth emigrated from that dear old isle beyond the sea, Erin.
Chester was the lirstborn, and grew up a bright, vivacious lad, with
strong domestic attachments. He had the advantages of his fathers
library, and a happy loving home iulluence. At fourteen ho was
sent to Union College, where his career is said to have been marked
with diligent study, and royal gallantry among his associates in
all their college amusements. Upon his completing his college
course and graduating, he went school teaching : when he had
earned a few hundred dollars in this humble sphere, he started for
Gotham to study law, when he seemed to have ])lanted his natural
propensities where they developed with extraordinary rapidity.
His abolitionist princii.iles were vei'y strong, and his whole being
se(imed to be ablaze with defending the "miiii-in-chains " upon the
old phmtutions. In 1S55 he became judge-advocate of a brigade of
New York militia, and afterwards insjjcctor-geueral oH the State. In
1871 he returned to Lis lucrative law practice, whereiipou he waB
3(54 READY REPERRNOE MANUAL.
appointed, by Presideut Grant, Collector of the Port of New York
(tlie money prcHidr^ncy of tbe United States) ; he held this appoint-
ment until his nomination for the vice-presidency at Cliicago, ISSO,
and was duly elecited. On the death r,[ General Garfield, September
'20, ISSI, Arthur took his oath of Oilice as President of the United
States, under most trying' circumstances; but, true to the tact of
his liistorical race, he majestically tempered his steel to the situa-
tion, though regarded with coldness and doubt by the largest
wing of his own party, of which he was acutely ctmscious. The
adv(as(! criticism tliat usually falls to an incoming ruler, was especi-
ally annoying and o^jpressive in his case, but his inaugural was
reassuring of a determination to administer his high office without
f(.'ar or favor, ami to this he adhered during his term of oflice. He
elevattid the honors of the ofKce of second degree to that of the
highest degree of respect and admiration. After his term of otiice
he returned to his vocations in New York, until his unexpected
demise, November 18, 188C.
GROVER CLEVELAND.
Twenty-second President, March 4, 1885, to JVIarch 4, 1889.
Grover Cleveland, the " Veto President,'' was born in Caldwell,
New Jersey, March 18, 1837. His father was a Presbyterian
clergyman, of English ancestry; his mother the daughter of a
Jialtimoie merchant, who was an Irishman. Mr. Cleveland's early
education was mostlj' in the common schools and the academj' at
Fayetteville. Afterward the family removed to Clinton, Oneida
County, New York, where Grover resumed his studies in the acad-
emy. As a matter of course, a country minister was not rich, and
the advantages which the eye may see are unreachable by millions
without riches, and this was commonly Grover Cleveland's position.
At the age of seventeen he was engaged through the influence of
friends of his father as an assistant teacher in an institution for the
blind, in New York City. In 1855 he abandoned this and went to
live in liufl'alo, where his destiny was to keep him. He rendered
assistance to his uncle in preparing a literary work, and then com-
menced to study the dry history of law suits as recorded by Black-
stone. In 1859 he was admitted to the bar. His early management
of cases were marked with simplicity and sound logic as practical
and (convincing as the fountain fron which he learned it. It may
be said of Mr. Chneland that he was not a model young man, that
he was not po2:)ular. that he was not bright; when prejudices and
possibly jealousy are fired into the tongues of his fellowmen, but
those who know his personal character best, and who have no
reward to gain by polisliing over his infirmities, know naught of
many ai^cusations made against him ; but they do know that he was
always mattei- of-fact and never forward in vaunting what he knew
or could do before the foot lights of public opinion ; they do know
that his official actions in his first office of Mayor of BufTalo, in 1881,
IJIOOUAPHIES OF THE rHEHIDENTS, 365
were marked by his conducting the office upon business principles,
fearlessly using his prerogative in checking extravagant expend-
itures. In the Democratic convention at Syracuse, N. Y.. he
was nominated for Governor of the State, and duly elected by the
people. In this jiosition the same matter of- fact style marked his
])urpose to serve the people faithfully, humbly and well. In 188-1
the Democratic National Convention at Chicago nominated him for
their candidate. The canvass was pursued with the most sliamcful
rancor, bitterness and i)ers(mal defamation. The llepublican party
that carried the elections of the previous ipiarter of a century, was
shaken by dissentione, partly political, and partly of a ])ers()nal
character. Such men as Senator Edmunds dissenting to enthusiasm
over the results, and the Democratic candidate, Grover Cleveland,
was elected. His administration was haudi capped by the Senate
being politi(rally in majority against his cabinet. He aimed to
give the country a pure, honest government, uninfluenced by tlu!
l)Ower of combines or money kings ; he sought to relievo the people
from burdensome taxation, not for political pojudarity, but as the
head of this great nation, weighing the future 2>i'Osperity in caliu
and just executive. That he may be called opinionated and isolated,
seems possible,but that his motives were the interests of this nation,
are impressive facts. Among the many achievements of his regime
and its consecpxent attributes, his taking the hand of Miss Frances
Tolsom in marriage, will be in the history of this country, a pleasant
and honored part. In June, 1888, the Democratic Convention
assembled at St. Louis, re-nominated him, and although the cam-
])aign was between hhn and General Harrison, the direct opposite of
1884, he was defeated. He has with that profound good sense and
sincere grace actce]>ted the answer of this country in jKrfect recon-
ciliation ; he left the chair with his last ])residcntial act marked
with the dignity and understanding that characterized his every
act ; he has left with his noble lady the brilliant rece])tion rooms of
the White House for their home in New York, wilh the amazing
simplicity of change that is sufficient to make the realms of kings
and nueeus beyond the sea, surprised at this great American
nation's quiet transition of rulers.
BENJAMIN HARRISON.
Twenty-third President, March 4, 1S89.
Hcnjamin Harrison was born at North l>end in the old Ilai'rison
homestead on the Ohio River near Cincinnati, Augn.^t 20, is:]:].
Tlie Harrisons belonged to the old \'ii-ginia Colonists, were ;ill
factors in their day and generation, in the Independence of the Tnited
States. The family's history bears evidence of virtues that make
good citi/cns and good homes. Piety and strict integrity of (rli;irac-
ter was IJenjamin's home example; he was the second son. The
first public school he attended was a log cabin of thi' old si/e
" twenty by thirty," which was only a short distance from his own
300 HEADY REFEllENTE MANUAL.
fatlier's home. Aft(>r the lad was " too far advanced" to 1)i' tancflit l»y
the coiiiitry ju'daj^oo;, he Avas sent to an Acadi'iiiy known as tlic
"Farmcr'H Collctjc," and after twoyt'ivrs tnition in tliis institution, hv.
was entered in Miami ITniversity. IIiHeolleL,'e conduct was tiiat of a
very orderly and unassuming student; attentive to Iiis studies ajid
respectful to his teacliera and class-mates. lie is said to have been
very slow, but jiarticularly accurate. Wlien an answer was given
by J-Jenjainin Harrison, it was correct, and to this day it is by his
fainiliar friends said to \>i' his predominant trait of eiiaracter, this
combined witli a retentive inemory, has built up a very substantial
man of knowledge. After graduating from college he entered a
law office in Cincinnati, and set about the study of law. Ife was
barely twenty, his studies not yet com])lete<l, when he married .Miss
Caroline W. 8cott, the accomplished daughter of a President of an
Academy. l>y perseverance and strict economy lie completed his
law course, and to make matters more successful, he iidierited a few
hundred dollars by the death of an aunt. In company with his
young bride he removed to Indianapolis, and tliere entered upon
the jiractice of his jjrofession. lie has told of his privations out in
their new home, and has seriously remarked, that to ])Osse8S a five
dollar bill, was an event seldom occurring. In isoohe was nomi-
nated by the Republican, Convention for Reporter of the Supreme
Court and was elected, lie was not a " wordy orator," but a reliable
effective and courteous counsel; loosing at no time his temper or de-
scending to abuse of his opposing counsel. In 1SU2 he resolved like
thousands of others that it was imperative to do sometiiing for his
country, and he accepted the commission of colonel of tlie 7(ith
Regiment of Indiana Volunteers, lie marched with his company
to Howling Green. He remained with his regiment until the close
of the war. He was in the battles c,f Ilesaca, of Kensaw ^Mountain,
of Peach Tree-Creek, and proved himself a good soldier and popular
commander. His goodheartnedness to the wounded and sick, is
well known by those who served under him. When the war
closed, he retired with the rank of brevet brigadier-general. In
l.SVO, he declined the nomination of Governor of Indiana, but
through gre.at i)ressure of his party he stood and was defeated. In
the Convention at Chicago in 1880 he declined to be a candidate,
and gave all hi.s support and influence to Gen. Garfield. Upon
Garfield's election he was offered a portfolio in the cabinet, but de-
clined it. He was at the time elected United States Senator, where
he served his country for six years. In 1884 his claims to the otlice
of President were again discussed. In 1888 at the National Re-
publican Convention held June lOth, at Chicago, He received the
nomination and was elect<'d to Jie Presidency. His actions since
his election have been marked with a degree of wisdom becoming his
high office; silence and reservation throughout. His cabinet is a
remarkably strong one in many respects. The Secretary of State,
Mr. J)lain, a man of world-wide distinction; and the rest of his
cabinet all gaud business men, as well, being otherwise well posted
upon political jurisprudence ; that he will be able to give this
lUOOItAF'HIES OF THE njESIDKNTH, HO?
coimtiy a sound and ^mod administration, is visihlv nn(|ucs(ional.lt'
Yt't slioiild intnj,nu'H of money kin,<rs and monopolists seek to ti<rlit-
anthvir tvch around the cxooutivo, as thoy aro doubtlessly oii'liis
side of the house, no mattr-r how nrood his purposes may he', he will
he more than human if he does not in some respeets disappoint this
.threat country. That iiigh tax combines, monopolies and corpo-
rations are movin.ijf the very mountains to e..ritrol and cenlrali/e
a blind man can instinc^tively see. We speak not of the President as
a politician or party man; l)iit as one who admires his course ho far
and sincerely trust to be able to do ho, when his term is completed'
PART IV.— CHAP. VIII.
HER MAJESTY, QUEEN VICTORIA, AND Hi;)l KAMILY.
Her Majesty, the (iueeii of Groat Britain, and her family, art; the
most historical in the world. To attempt a general outline would
be out of place, as well as too extensive for a work of this kind. To
give a few of the facts that ordinary persons can fasten to memory,
as an attribute of their knowledge, is all that will bo attempted in
the following:
Her Majesty was born at Kensington Palace, May 24, 181!) ;
succeeded to the throne June '20, IH'M, on the death of her uncle,
William IV ; she was crowned C^ueen of Great Britain and Ireland,
June '2.S, 18158 ; she married Prinije Albert, Feb. 10, 1840. Her Maj-
esty is the only child of the Duke of Kent, who was the son of
George III. She has since her coronation been created Kmpi' of
India. Her Majesty's estates and her income therefrom, are 'd
to exceed that of any other woman in the world. Her residem:es
are : Windsor Castle, situated in AVest Jjondon, a portion of the
city that was formerly called EatoTi, now annexed to London by a
bridge across the Thames ; this castle was founded by William the
Conqueror ; the buildings cover twelve English acres of ground; it
is occupied by her during tlio winter season. Hersummer residence
is in the Scottish highlands, known as Balmoral. It is 000 feet
above the sea level ; the estates comprise 100,000 acres, including a
park of 1,000 acres, having 30,000 trees planted within it. Her
third residence is Osborne Castle in the Isle of Wight, near Hamp-
shire, in the English Channel ; this she visits for sea bathing and
air. Her income, from the estimates given from the best authorities,
place it at $2,500,000 annually. Her charities are very extensive,
and extend over the whole world. Her most striking characteristic
is her rigid order of living.
Princess Victoria Adelaide Mary Louisa, her first born child,
(Nov. 21, 1840,) married the crown prince of Germany, Jan. 25,
1858.
Albert Edward, the Prince of Wales, was born' Nov. 9, 1841,
and married Alexandra of Denmark, IMarcli 10, 18()3. He is the heir
to the throne next in succession ; next to him is his son, Albert Vic-
tor, born Jan. 8, 1804.
Alice Maud Mary, the third eldest of the Queen's family, was
born April 25, 1843, and married Frederick Louis of Hesse, July 1,
1862. She died December 14, 1878, by contracting dyphtheria from
nursing her own children.
gl'EEN VKTORIA AND HEll FAMILY. IHV.)
Alfit'd Ernost Albert, Duke of Edinburf^b, next eUlost, wab
boru Aiifif. (I, 1844; wiih married to the Gniiul Duchess Marin of
lluHsia, Jan. 2'i. 1874. He in very foud of the army.
Helen Augusta Victoria, the tifth child, was boru May *25,184(»,
married I'rince Frederick Christian Charles ol SchlcHwig Holstein,
July 5, 1SU6;
Louisa Carolina Alberta, the sixth child of tier Majesty, was
born March 18, 1848 ; married the Maniuis of Lome, the eldest
son of the Duke of Argyle, March '21, 1871 ; this is the only mem-
ber of the royal family that has married a Hubject of the crown.
Arthur William Patrick Albert, Duke of Connaught, the sev-
enth member of the royal family, was boru May 21, 1850 ; married
the Triucesa Louise Margaret, daughter of Frederick (.'harles of
Russia, March l.'J, 187i). He was by the wish of his father. Prince
Albert, baptized Patrick, to give respect to the commonncsss of
" Pat and Paddy," and with the Prince's own request made Duke
of Conuaught for a similar object, as the Irish who were born in
that province were sneftred at as a lo\v grade of Irish originating
from a class who lived almost as hermits in the mountains, in mud
huts, and distilled what is known as "Pauteen" whiskey.
Leopold George Duncan Albert, boru April 7, 1853 ; married
Princess Helen of Waldeck, Ai)ril 27, 1882: died ut Ciiniies, Spain,
March 28, 1884 ; was the most literary member of the family.
Beatrice Mary Victoria Feadore, the youngest of the family,
was born April 14, 1857 ; married Prince Henry of Ijatteuburgh,
July 23, 1885.
All of the sons bear their father's Christian name, Albert; and
three of the daughtes that of their mother, V^ictoria Two of the
family are dead, seven are yet living, nine of her children were born
within seventeen years, the first five within so many years. She
has thirty-seven grandchildren and eight great grandchildren.
COST OF MAINTAINING THE UOYAL FAMILY AS I'AID BY THE GOVERNMENT.
Her INlajesty the Queen receives annually $1,929,000
Prince of Wales 200,000
Princess of Wales 50,000
Prince Albert Victor 50,000
Crown Prince of Ilussia . . _ 40.000
Duke of Edinburgh 125,000
Princess Christian ;}0,000
Marchioness of Lome . . _ 80,000
Duke of Connaught ._ ._.. 125,000
The Duchess of Albanv 125,000
Duke of Cambridge _ . . ;50,()00
Duchess of Mecklenburgli-Strelitz 15,000
Duchess of Cambridge . _ G0,()00
Duchess of Teck 25,000
Total - - $2,834,000
'^'''*' I;EAI»Y ItEFKIiFATF, MANUAL.
SALARtFH or TIIK liHITISH PRIVY COUNCII, AND OTIIEIl rnOMfNENT I'KFIHONH.
IVronibf'ra of tho BritiHli Ciihinot rect'ivfi £5,000 a yoar 'I'liu
Lord Hif<li Chancellor roccivcs £10.000. Tlu* Lord Cliicf Justice
XH.OOO and tlio other . I iidr,'eH from CH.OOO to CCdOO. The Arcli-
liiMhoj) of Ciiiitcrbury ^oin X)r>,()00 aj.d the Archbishop of York
.tlO,()00. Tho Bisliop of London hIho frets CKMHH), im.l tlie other
IJishops from CT.OOO .lown to fi.OUO which latter is (he small
Htipejid i)aid to the HiHlioj) of Sodor and IVfan. The fattest salaries
are j)aid to the Vic<(roys of India and Ireland, the former nu-eivint,'
20,8.'{;5 rupees per month, and the latter L"'-'0.000 per year. The
rTovernor-Gciieral of Canada has otdy CIO.OOO. The British Aml.as-
Hador at IVis receives CO.OOO, at Vienna and Constantinople tS 000
each, at St. I'ctersburg ,1:7,800 and at Berlin X7,500, United States
*7,o00.
r.VKT V. CIIAI*. VIH.
KKKTCH OK HIK lOriN A. M ACDoNAMt, K. 0. 11., HIS I.IIK AND TIMKS AS A
LAWVKU AM) STATESMAN.
T1j<; Kiil»JM't of tin? sketch, Sir John A. Miicdormhl, whc)H»> name
has be<;n i'loiitiJicMl witli thc^ politics of Caimilii for the ])!iKt fifty
years, iH the Het'oiiil son of Ihi},'li Maiidoimhl, of Dornocli, Suther-
hiutlshire. S<-otlan(l, and was born January 11, 1815. in (leorj^'o
Street. (rlas;^o\v. Scotlaiid. Tiio family emigrated to Canaihi
durinj^ the Hiimmer of 1M"J(), and settled in Kin<,'ston, ['pper (.'anathi
(now the Province of Ontario) ; after four years the family removed
to Quinte Day, in the adjoining county of I'rince Edward, leaving
John Alexander at Hchool in Kingston. The nearest town or village
to the Maedouald settlement was ,\doij)hston ; the, entire settlement
was eoujiiosed of New l'2nglanders who had declint'd to stiver their
loyalty to the liriiish Crown ; and are known as U. E. Loyalists.
In this settlement were included tlui Magermeu's, Macleans, KuttenB,
Gowans and Harrison families, all of whom jilayed a distinguished
part in the government of Canada, and its advancement in every
de])artment of itw civil and (rolouial history; couseciuently the world
wide reputation that Sir John gets of i)atriotism to Canada and the
home goveinment, is hui, tlie natural j)roduction of early inlluences.
The privations incidejit to '•roughing it in the bush," did not allow
the Macdonald family to escape, but gave them, if anything, more
than their share; however, with much self-denial on the part of the
family, the lad was kept at school and subsecjuently placed under
the tuition of Dr. Wilson, at the Koyal Granuuar School, in Kings-
ton. Dr. WilKon was a Fellow of the Oxford Universitj' of England.
In 18;JG the family left Adolphstou and took up their residence in
Kingston; young Macdonald was taken from school and articled to
Mr. George Mackenzie, barrister at law. He had no college or
classic training, but like JJobby Burn's guinea stamp, "he was guid
for ali-that." After three years a student, and three y«fars more of
practice, he i)aKsed his examination at the head of the list before the
Upper Canatla Law Society, and was presented with the bairister's
gown and blue bag. Contrary to the universal belief, IMacdomUd
was a student of the most exemplary habits ; he was a witty and
humorous conversationalist, and his companionship always courted,
but as a wild town gallant in sprees, he never joined in any manner.
After he graduated, he opened an office in Kingston for the practice
of his profession, and was soon appointed solicitor for the Com-
mercial Bank and the Trust and Loan Company of Canada, the
latter he retains in Toronto to this day, through his associated part-
ners. About this peri' id the storm of Ilebellion in lower Canada under
Papineau, and in Upper Canada under Williana Lyon INIackenzie was
372 READY REFERENCE MANUAL.
coininencing to rage ; it was a resistance of oppression, similar to
what brought about the Independance of tlic United States. Up to
1838 young Mucdonald had not distinguished himself particularly,
until Von Shoultz a Pole, the leader of what was known as the
Hunter's Lodges that attempted an hivasion of Upper Canada,
along with the Lyon Mackenzie discontents at Prescrot, was
captured and imprisoned at Kingston, and Macdonald was en-
gaged as counsel for the prisoner. The bright young lawyer's
appeals in behalf of the prisoner, though fruitless in saving him,
will be long remembered by those who heard it, or hoard accounts
of it. Pity lay at the heart of Macdonald for the poor foreigncsr,
who had been expelled from his own native land by the unjust hand
of oppression, and thought that the Mackenzie discontents should
in Canada receive any assistance he could give them. This trial
gave John Macdonald a wide reputation throughout Canada, and
one that has continued to this day. After tliis Macdonald entertid
into partnership with Alexander Campbell (now the Lieutenant
Governor of the Province of Ontario ) in the practice of law in
Kingston, and amor.g the students they had articled was Oliver
Mowat, the clever, cautious little Scotchman that has been the head
of the empire province of Canada ( Ontario ) during the last (juar-
ter of a century, as Attorney-general. Macdonald's first jjublic oflice
was as alderman in St. Lawrence ward in Kingston in 184'}. Dur-
ing the rupture between Sir Charles Metcalfe, the Governor of the
Canada's, and his cabinet, in which Sir Charles was in league with
the Family compact; Macdonald took a modest part. One of the
things no doubt he has ever since regretted. It was in point of
fa(!t a despotic rule by the Governor, regardless of the ])eople's will
or wishes. About this time George Brown visited Canada from New
York, canvassing for a weekly paper called the British Chronicle
that he was going to publish in Toronto, which afterwards devcsl-
oped into the Globe. George Brown and his paper unceasingly
opi)Osed Macdonald from its embryo to his death, and is yet, with
its successors, his most formidable opponent. In 1844 Macdonald
received at the hustings in Kingston, the nomination of the old
tory party. This election was one of the most exciting the warrior
has ever fought. It was a mixture of factions. Orangemen, Roman
Catholics, Secessationists, &c. It is said that whiskey, antl blood
from cut heads, Howed as freely as at Doneybrook Fair ; but out of
the " guzzeldom " Macdonald came a victor.
His first attendance in Parliament was not marked by any anxi-
ety to " stick his gab in " as most parrot politicians do for the gab-
bing sake. His attitude was quite unassuming as' it is to this late
day in his public life. One of his definitions of a speech is: "speak
when your words will add force to an attack or strength to a de-
fence" and he lived up to that rule. He never attempted to enter
upon a debate, until he was posted upon the marits of the (]uestion
discussed, and then with short, noncommittal speeches, usually
sweetened with a little humorous witticism of his own. His first
speech in the house ailbrded him the opportunity to record his devo-
SIR JOHN A. MACnONALD. 37 .'J
tion to tbo Eiupiio that ho ban ho long and faithfully served. It
waa his advocacy of the law of prunogeniture ; contending that
Hucii EngliHh statesmen as Pitt and Fox, would never have been
more than everyday country sciuiros, were they not left estated gen-
tlemen by the old English law of primogeniture. During these
days the coiiHict kepi going on between the Governor aud the gov-
ernment, toryism against constitutional government. In 1840 Lord
Elgin was appointed Governor and Sir Charles Metcalfe recalled
home. The new Governor was a more moderate man and had nt
an early day in his administration manifested a will to adhere to the
prerogative of ihe people instead of his own. In this parliament
Alacdonald was appointed lleceiver-geueral, (this is what was known
as the Draper administration), and afterwards removed and given
the Coiunussioner of Crown Lands Department, but his term of
office was cut short by the government being defeated upon a divi-
sion in the House, necessitating an appeal to the country. After
tlie election to test the strength of the two parties, a division was
taken on the election of the Speaker of the Commons, when the
result sliowed the tories defeated by 54 to 19 ; this placed Mac-
donald aud his party on the opposition seats. The Governor called
upon Mr. Lafontaino to form a cabinet. No sooner had the new
ministry taken office under this French leader than a bill was intro-
duced to indemnify Lower Canada to the amount of $500,000 for
the damages of property during the riotous days of "'37-8 ". Mac-
donald entered a most telling protest against this Act, and for the
Hrst time in his life learned that it was unpopular to interfere
very iirominently against the French Canadians. The bill was
l)assed and although the whole country was scoured by petitions,
for and against it, to the Governor to disallow the bill, it was
signed by him and became law. Upon the heels of this followed
a repetition of the feuds and conflicts, which were equal to the one
that the Act proposed to recompense Lower Canada for damages ;
the Parliament buildings at Kingston were burned and the govern-
ment offices throughout the country sacked and damaged ; disorder
and outrage madly danced o'er the land. Macdonald though oppos-
ing the Act now saw that pacific efforts nuxst be adopted or annex-
ation to the United States would surely be the outcome ; his
speeches in this line were in their way calculated with a de-
gree of diplomacy not unlike the tact of Disraelis' at the Europpan
convention at Berlin, where the London Pintch represented the
great English statesman walking a rope with the balance pole of
"Peace." To Macdonald's tact at this critical moment can be largely
attributed th(> fact tiiat Canada exists to- day. In this Parliament,
while in opposition, Macdonald was a prominent and dangerous
debator ; his opposition to the extension of representation, and
the University bill, and the bill to restrain the sale of intoxicating
licpiors was most elTective and largely embarrassing to the govern-
ment. He maintained that the "government could not legislate
'men to be sober, anymore than to be religious." In 1854 a new
party was constituted out of the remnants of the old tory party,
;^74 IlKADY UEFEUKNCE MANUAL.
known a8 the Liberal Conservative pai'ty, which at the general
election was carried into power. Sir Allan MarNabb was elected
Premier and John A. Macdonald Attorney- General for Upper Can-
ada and the Hon. A. N. Morin, Premier of Lower Canada ; known
as the MacNabb-Morin adnnuistration, and later Mr. McNabb re-
signed the Premiership to Macdonald and Mr. Morin to Mr. Tache,
which was then termed the Tache-!Macdonald administration. Sir
Edmund H( <id was at this time appointed Governor in the place of
Lord Elgin. The general elections came on the next year and for
the lirst time Thomas D'Arcy Magee, Hector Langevin, Oliver
Mowat and John Carliug were returned to Parliament. The open-
iug of the session in 1858 the Tache- Alacdouald administration
held office, but before the close of that Parliament were defeated
on a division motion of adjournment by GO to 50. The Ministry
resigned and the Governor called upon the Hon. George Brown to
form a cabinet, which he did, by what is known as the "Double
shullle." This administration was calltnl the "Brown-Dorin" or the
"Will-of-the-wisp" Parliament; at all events it was short-lived.
This allbrded John A. Macdonald the only and first opportunity to
get his foe where he couhi brandish his sword over his head and
George ]irown fully realized that he was not in his quiet editorial
sanctum ir the "Globe" office, when he was arrayed on the opjiosite
seat from Macdonald. It has been saiel that so tlismayed was he
by the open eye of Macdonald that he through cowardice relin-
quished uis Premiership; at all events it did not last long. The
Governor then called upon George E. Cartier to form a cabinet ;
Cartier a^)pointed John A. Macdonald Premier of Upper Canada
and himself of Lower Canada: this administration was called the
('artier Macdonald administration, which remained in office until
1801 ; when upon a resolution introduced by Mr. Macdonald, called
the Militia Resolution, it suffered an adverse vote of want of con-
fidence and was forced to tender its resignation. The
Governor then asked Sandfield Macdonald to form a cabinet,
which he did by joining hands under a partial coalition
with Sicotte of Lower Canada ; this administration lasted with
changes in the cabinets occasionally until the session of 18G4, when
dissensions forced them to resign, and John A. Macdonald was called
upon to form a cabinet. At this change the first move of confedera-
tion of the provinces was conceived as a means of harmonizing the
strifes that biought about repeated elections and change of cabinets
in the past, lendering govornmeat a farce more for the rant of con-
spiracies than a parliament of a eivilized peojile. Macdonald aud
Sir Alexander Gait called upon the leader of the Reform party,'
George Urown, with a view of joining issues with this object in
view. Brown conceded that something nuist be done or that gov-
ernment would soon bo an impossibility. Consequently Macdonald
and Tache called upon George Brown and Oliver Mowat of Upper
Canada aud Dorin and Lefontine of Lower Canada as Reformers,
and Thomas D'Arcy Magee, Alexander Gait and Hon. William
Macdougall, as Conservatives of Upper Canada, as members of the
BIB JOHN A. MACDONALD. 375
cuuliliou uubiuet. Co-operation of tbo pAi'liiiiuentb of Novji St-otiii,
New iinuiHwick and I'riuoe Edward iHland to appoint delegates to
meet in Septeujber at Cliarlottetown, Prince Edward Island, at a
Confederation Convention. This became from the day that Mac-
donald formed the ideal, the apparent ambition of hib life. He saw
u future nation, and that he might posuibly Hway its destinicH. At the
convention ho uuauiniouH were the delegateH for confederation that
the only obutacle ajiparently arose was the location of the capital :
the convention aroue only to meet again in (Quebec on the lOth of
October, where the only important furtherance to the scheme was
an eil'ort to embrace the codtish island of Newfoundland by sending
a delegation to the government of that colony ; and a partial resolve
to name Ottawa a.s the future capital of the new Dominion of
Canada. Parliament of the Cuimda's nuft on the 15)th of February,
18ti5. The confederation delegation submitted their report and
recommendation. It met with strong opjjosition by a number of
tlie members, and, in fact, some of the cabinet ministers, but a reso-
lution was introduced by John A. Macdonald praying that Her
Majesty's Government would be pleased to have a measure recom-
mendeil to the Imperial Parliament empowering a (;on federation of
these provinces, including Newfoundland, and it was carried by 5)1
yeas and 33 nays. The parliament appointed Macdonald, (ialt,
Brown and Carlier to ])roceed to Englan*! and present the scheme
before the Home Parliament. Matnlonald's sc-heme was,'as is not
generally understood, to have no provincial parliaments ; he main-
tained that it was uncalled for to have so much government, and
the wisdom of his foresight has by this time been forcibly demon-
strated, by not alone the collision of authority, along with the sense-
less over representation. A lot of IVf. P. P.'s, living upon the prov-
inces by their eessionul indemnities, who are no earthly use to their
constitutents, but a burden to the provinces. Prof. Goldwin
Smith describes it thus: "For a population of five millions, we
have eight kings, one central and seven provincial (the governor
aaid li(!utenant governors), as many ]>arliaments and sixty-live min-
isters of the crown ; while England is content with a single queen,
a single parliament and the njembers of which are not paid." Tlie
scheme was pressed upon the InipcMial Parliament with much
astuteness and force, and John l>ull put it in his pipe and smoked
it, and resolved to grant a loan to build the Intercolonial llailroad,
as the maritime provinces did not take to the scheme as favorably
as their delegates, us the ('lections showed that not one of the dele-
gate members wns elected. In the C'anadas' parliament in session
at Quebec the Hon. George iJrown was seeking to withdraw from
the cabinet that he had become a nicnd)er of with the avowed un-
derstanding that he wouhl stick to it until confederation would be
a fact. It is but fair to this brilliant, i)atriotic man to say that he
was so constituted that he could not forego anything he mapped
out, and, as the confederation scheme was getting more of INIac^
donald's hoops on it than Hrown's, it naturally made it objectionable
to him. During these years the American war had advanced every
370 READY REFERENCE MANUAL.
commodity in Canada to fabulous figures, and all branches of in-
dustry I'cceived a great impetus. When President Lincoln
was assassinated the tragic news stood aghast throughout civiliza-
tion ; resolutions were passed througiiout Canada expressing
heartfelt sympathy for the untimely end of the great friend of
liberty. On one of these occasions the speech of John A. Mac
donald was a most powerfid valuation of Lincoln's worth. The
following is a brief extract : "Never before has the heart of
civilization been bo greatly stirred ; monarchs, heroes, patriots
have passed away in the quietness of natural death and upon the
battle fields, but iu the cruel, atrocious and treacherous assassina-
tion of President Lincoln the home and family wherever sjiread of
civilization has lost an unpretending and unequalled friend, whose
worth will never be known in its fulness until after years."
In 1866 the legislature of New Brunswick met under very excited
circumstances upon the confederation scheme. In November, 1866,
a second delegation proceeded to England to hold a conference
with the Home Government over the confederation plan, and a
meeting was held December 4th at Westminster Palace ; John A.
Macdonald was olocted its chairman. It was largely due to the
masterly handling of the delegates, by forbearance, that Mac-
donald kept up the forging of the links in the confederation of the
Dominion until it was consummated. The Hon. Joseph Kowe of
Nova Scotia, was the greatest barrier, but, through Sir
Charles Tupper's forcible rebuttal of his protests, had
no weight. Upon the 29th day of March, 1867, the Confedera-
tion bill received the royal assent, and also the guarantee
of a loan of .$15,000,000, free of interest, to construct the Intercolo-
nial railroad from Halifax to Montreal. It did not, however, em-
brace Newfoundland, as it resolved to have nothing to do with the
scheme, and therefore was not coerced into it. The site for the
Parliament buildings and the capital was left to the governor-gen-
eral, who was Lord Monck. The next act in the confederation play
was a general election, which was proclaimed throughout the Da-
minion under the new constitution and upon the assembly, by royal
proclamation, of the first Dominion Parliament of Canada, the
historical duty devolved upon Lord Monck to call upon the man that
was at one time the black, curly-headed lad of the backwoods of the
bay of Quinte, to have the honor of forming the first government
of the Dominion. In this first Parliament, John A. Macdonald was
premier; Hector Langevin, secretary of state; Leonard Tilley, minis-
ter of customs ; George Cartier, minister of public works ; AVilliam
Macdougall, Peter Mitchell, Alexander Campbell, W. P. Howlaud
and A. T. Gait in other departments, several of them have re-
mained along with Macdonald in the administration of this country
in various ways since. Upon the accomplishment of confederation,
Her Majesty called John A. Macdonald to England and conferred
upon him the order of knighthood, and the distinction of Compan-
ion-of-the-Bath upon Tilley, Tupper, Cartier, Gait, Macdougall and
Howland. Messrs. Cartier and Gait refused to accept the lower
SIR JOHN" A. MACDONALD. 377
distinction, when Macdonald received the higher, but the fact was
and ever remains that to the parentage of confederation. Sir John
A. Macdouald has an undisputed title ; to its success he has no su-
perior, while many estimable equals. Under the new regime Sir
John has been the chief ever since, with one exception, when de-
throned by the Hon. Alexander Mackenzie, who was premier from
July, 1872, to January, 1879, — Sir John being charged with work-
ing in collusion with Sir Hugh Allan and one Huntington to sell
the charter of building the Canadian Pacific railroad to them, to
be controlled by Americans. The country was flooded with wild,
groundless calumniations against Sir John, and in the frenzy of
these cruel and foul slanders, he was defeated. This was the most
crushing set-back of his life, and its enormity seemed the more be-
cause it was a base conspiracy of unscrupulous politicians seeking
office and power. In this unsavory puddle, it is well to say, the
Hon. Edward Blake or Alexander Mackenzie did not dabble, though
they were the chief components of the Reform administration after-
wards. The warrior had almost resolved to drop out of politics
and retire after this blow, but his friends clung to him with a ten-
acity that made any such an attempt impossible, and in the general
election of the fall of 1878, he formulated the National Policy, and
went to the polls with this square issue of protection to home in-
dustries against free trade theories, and swept every pillar of the
Mackenzie administration out of power. The admission of British
Columbia and the purchase from the Hudson Bay Company of Man-
itoba and the Great Northwest Territories ; the rebellion and mur-
der of Scott at Winnipeg ; the completion of the Canadian Pacific
railroad ; and the insurrection in the Northwest and the execution
of Kiel, and many other historical events, he has dealt with in connec-
tion with the government of Canada. And while we might chron-
icle, in our brief and unassuming sketches, many other worthy sons
of Canada, whose handmarks will ever be recorded with her history,
we have selected Sir John Macdonald, because, as a native born
Canadian ourself, we know that the preference given to Sir John A.
Macdonald will meet with an unanimous yea ! ! He has now at-
tained nearly his allotted time, and has by that long period of patri-
otic labor proved his sincere devotion to his country and his crown,
and while perfection is not claimed by himself in his public acts, no
one will deny that he is other than an ofl'ering sacrificed to duty as
to him seems best in the prosperity and development of the country
at large. That his task 'has been, and remains yet to be, a difficult
one, is very apparent. A mixture of nationalities and creeds, along
with diversified interests and situations, is there, with all its discord.
The proof that he has so long controlled the executive of the coun-
try, and that he never was as meritoriously popular as he is to-day,
is better evidence of the encomiums of his devoted followers than
any plaudits of a feeble pen.
Sir John Macdonald has been twice married, first to Isabella
Clark, in 1843, by whom he had two children, one of which died in
childhood, and the other is living and practicing law in Winnipeg.
i' 1'* *•••♦•• •'■ ■'
378 READY REFERENCE MANUAL.
His first wife died in 1857. Ten years afterwards he again mar-
ried Susan Agnos, the daughter of Hon. T. J. Barnard, a niemljer
of Her Majesty's privy council of the Island of Jamaica. In 1865,
he received the degree of D. C. L. from Oxford University, and D.
C. L. from Trinity College, Toronto. As before stated, he was
vested with K. 0. B. by Her Majesty the Queen and subsequently
the Grand Cross of the royal order of Spain. He was nominated by
Her Majesty, in 1879, us a privy councillor, and has received many
other marks of the Queen's approbation. It is said by good
and well informed authority that outside of Her Majesty's trusted
Imperial Ministers, Sir John stands the highest in her estimation.
His home life is not luxurious by any means ; he lives at Stadacona
Hall, near Rideau Hall, the Governor's residence, in a simple and
pleasant home, excelled by numerous citizens in the picturesque
capital. Lady Macdonald is a most perfect companion. It has
been said by himself, as well as many of his most intimate friends,
that a better union could not be possible, and to this estimable lady
he attributes a very great portion of his wonderful success in life.
As to his wealth it is in his country's love and admiration of him ;
a heritage that will require no other devise than that chronicled in
the history of Canada.
THE END.
GENERAL INDEX
Paor.
AuREST for (Icht. in Unit cmI States, 82
Arrest for dclit in Canada, 80
Assii^niMcnts in inHolvcncy in Ihiitctl Sial»'S,
ARsignnu'uls in insolvency in ('anada, . . , . . 20
Aineiidrnent of 1.S8!) to Canadian ('opyriLflit Aet, \4r>
Attachment laws of iriiited S(:itCH, 9
Attaclinient laws of Canada, 29
Apprenticesliij) laws, 1 73
Amendment of 1 889 to Postal Act of Canada, n I r»
Hank holidays in United States, 61
IJaiik liolidays in Caiia<la, 88
IJiojjf rapines of United States Presidents, .139
Uioo-raphical sketches of Royal family of Great Jiritain, ... . 308
liiography of John A. iMacdonald, 371
Co-rAUTNEHsnip laws, 104
Commercial paper in United States, 04
Co>nnier(!ial paper in Canada, 70
Commercial Travellers' licenses in United States, 90
Commercial Travellers' licenses in Canada, , 91
Co))yri<ifht rules and regulations in United States, 138
Copyright rules and regulations in Canada,.. 141
Clark's interest tables, 300
Common Can-iers, 303
Constitution of the United States and amendments, 325
Civil debts, arrest for, 82
Cost of Royal family to Great Uritain, . 309
DuTiKS on importations in United States and Canada, 92
Divorce laws, 224
Damages against railroads in United States, 201
Damages against railroads in Canada, 297
Declaration of Independence in United States, 322
DiiFerence in time across the Continent, 311
Exemption laws in United States, 31
Kxeinption laws in ('ana<bv, . - 00
Extract from Postal Laws and Regulations in United States,. 130
Extract from Postal Laws and Regulations in Canada, 13fi
Extradition Laws, including amendmentof 1SS9, with Cana<la, 174
FisHEBY treaties with Great Britain, _ 103
Finding, laws of 306
Form of United States governnjcnt, 318
380 INDEX.
Paor.
IfoMDAYH in TniU'd State*, 87
Holidays in Canaila, HH
Inteuf.st lawH in Unitt-d States, 78
InttTCHt laws in Canada, 81
InHurancf, licneficiaries, 241
Innlvoi'iKTH, lawH of, generally, HOI
Limitations, lawH of in United StateH, 31
Limitations, lawn of in Cana<la, GO
LawH of t('l<'gra|»h ronipanieH, 302
[landlord and tenant, 109
LawH respecting tiie management of railroad trains, 208
MAKKiAdE laws in United States, 1 79
Marriage laws in Canada, 203
Marriage rights in Unite<l Stales, 209
Marriage rights in Cana«Ia, 221
Magna Cliarta, 337
Master and Servant, 172
Naturalization Laws of United States, 122
Naturalization laws of Canada, 126
Neutrality laws of nations, 121
I*AHTNKnsiiir laws, 164
Passports regulations in I'nited States, 313
I'(»stal laws and regulations of United States, 130
Postal laws and regulations (»f Canada, 135
Postal laws as amended in Cana<la (1889), 315
Presidt'iits' ]>iographie« 339
Points of business law, in daily use, 306
QuKEN Victoria and her family, 368
Railroads, damages against, - - 291
Railroad laws generally, 299
Royal family of Great Britain, . _ 368
Statu TK of Limitations in United States, 31
Statute of limitations in Canada, - 60
Servants' laws, 172
Salaries of Privy Council of Great Britain, 370
Salaries of the United States government, : 320
Salaries of the United States Supreme Court Judges, 321
Tkadk marks in United States, - 158
J'rade Marks in Canada, — 159
Treaty of Paris, 103
Treaty of Ghent, - 104
Treaty of 1H18, _. 106
Treaty of Reciprocity, - 109
Treaty of Washington, — - 113
T
T
T
T
nx
INDEX. 881
I'AOR
Telegraph Companios, message laws, 302
TenaiitH, law of 1(J9
Ufluiiv and itit«!rest lawH, . . 78
United States, outline of its form of goveriinienl, 318
Valub of foreign coins in United States, 313
"WiM,H in United States, 247
W IIIh in ('unada, 286
"Woman's SuiTragt' in United States, 238
Woman's Suffrage elsewhere, 2.'»9
INDEX TO BIOGRAPHIES.
Adams, John, 339
Adams, John (^uiney, 343
Arthur, Chester A., _ • 363
Buchanan, James, 350
Cleveland, Grover, 364
Fillmore, Willard, 349
Grant, Ulysses S., 368
Gartield, James A., . , 362
Harrison, Wiilianj Henry, 347
Harrison, Hen jamin, 366
Hayes, Rutherford Jl., 361
Jefferson, Thomas, 340
Jackson, Andrew, - 344
Johnson, Andrew, 356
Lincoln, Abraham, 352
JVIonroe, James, - 342
Madison, James, . - 341
Macdonald, Sir John A., 371
Polk, James Knox, _ 348
Pierce, Franklin, 349
Queen Victoria and her family, 368
Tyler, John, 348
Taylor, Zachary, 348
Van Buren, JMartin, . 346
Washington, (icorge, ... 339
We recommend to the readers of tluH book the following legal
gentlemen in the diftcrent Stites and Territories and the rrovincea
of Canada, if in need of legal advice :
ALABAMA.— (Ijm). M. S«'lli'rH. Kh(i., Attdi-iu-y al Liw. MonlKoMifiy.
AliKANSAS.— W. T. Hill. V^f., Attnim-yat [Jiw. [Jtllr l{<)< k.
( AMhOlv'NIA.— n<»M. ("liiiH. H. DunsiiKtrt'. AtloiiH'V nl I,.i\\. U>s Aii-
p'lcs.
I) AKOT \."Mi'ssrs. (',im|ilM'll iV Hanu's, Attorneys at I,ji\v, Vanktoii.
I"i-()IMI»A. linn. .1. n. WliiHi.M. .Fillip- ..f IVol.alc. TallaluiHsir; VV.
M. DrwImiNt. V.si\., Altoriioy at Law, St. AuKHsliiic.
(iK()l{(ilA. — 1{. \\. Tii|>|M'. Ksi|.. Attoiiicv at Liw. |Sl Mamutd' St..
All.iiita.
I LMNOIH.— ({»•«>. T. I'ap', Kscj., Attonn-y at Liw. I'.'T .Ifir»'i-soii St..
I'foria; K. I). MaUliciiy. F,s(|.. .VUonify at Law. S|>iinKti«'lil.
IOWA. — llfni. William Miismmi. of tlu' Di.slrict t'<imt, Dt'sinoiiics.
INDIANA.— 11(111. .Iiio. ?i. Sullivan. J in !>,'»' of Proliatc, liulianapoliH.
KANSAS.— Hon. A. H. giiiiiton. .IihIk*' of Proluitr, ToiMika.
LOriSIANA.— Hon. II. K. Cl.nmiins. New Oilcans.
MASSAC 'HUSKTTS.—K<lwanl L. Kand, Ks.|.. Aftornry at Law, 27
Slat«>S(., hoston; Messrs. Hopkins iV Maeoii, Solicitors at liji'v, Worcester.
MARYLAND.— Hon. KolicilT. Manks, Ue-islrarof Probate, naltiniore;
Milton W. i\iiilown, Ksq., Attorney at Uiw. li Last l-exiiiKlon Av., Dalli-
more.
MAINK. — Melvin K. Hohv.-iy, Rsq., CVmn.sellor at l>aw, Augusta; lion.
HowartI Owen, Hcfj^istrur of Prohute, AuKustu.
MISSOUUL— Hon. .Jno. H. Derricks. .lelferson City.
MK'HKiAN.— Messrs. Taft and Sniitli, Attorneys at l«iw, Pontiac;
Hon. J. A. Siiiitli, Judge of Probate, Ijunsing.
NEW JERSEY.— Messrs. Axtell and Quayle, Attomoysat Law, Morris-
town.
NEW YORK.— Messrs. Collins and Parsons, Counsellors at Liw. ('.!>
Wall St., New York; W. L. Pattison, Es(|., Counsellor at Liw, Plattsl.uinli.
NOUTHCAKOLINA.- Hon. Cliailes Diipcliinel. KaleiKh.
NOVA SCOTL\, CANADA— Me.s.sr..;. (iraliani. Horden and Parker. I?ar-
risters at l^aw. Halifax.
NEW HliUNSWlCK, CANADA.— Messrs. (Jief,'..ry and Gregory, Par-
rislers, etc., Frederic.kton.
ONTAKK.t, CANADA.— Messrs. McCarthy, Hoskiu. Osier and Creel-
man, Toronto ; Messrs. Crreene «& Greene, lOJ Ailelaide Si., I'last Toronto.
OHIO.— Hon. Charles Saflin, Ju(l-;e of Probate. Columbus; A. J. Wil-
liams. Es(|., Counsellor at Law, 11 Mhukstone Hlg.. (!leveland.
PENNSYLVANIA— Hon. T. Elliott Patterson, Att<»rney at Law, 22!)
South fithSt., Phihuh'li)hia.
QITEHEC. — Messrs. Ii!icost4», Bisailhtn, Brosseaii and Lajoie, Advocates
at IjJIw, Montreal, Canada.
KIIODE ISLAND.— Hon. E. S. Rurdick, N.'wport.
SOUTH CAROLINA.-Hon. John H. Pearson. Judge of Probate.
Columbia. Attnmov at l*iw, Nashville;
WASHINGTON TERKITOUY.-H. W. Lueders. Esq. , Attorney atl.vw.
''""VTOMONT.-J. W. Russell, Es.,. , Attorney at Law, B..rHn«ton
WEST VIRGINIA.-Hon. Forrest W. Brown , Attovn.y at Law, ( luu-les-
ton. „ ,.
WISCONSIN.-Hon. J. H. Carpenter. Ma.hson.
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