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Full text of "Ready reference manual of the statute laws of the states and territories in the United States [microform] : along with national, international laws, and miscellaneous information : a plain, common sense synopsis of laws in daily use that every person wants to know"

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••' ' 4 



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 machine, one pew, and lots in cemetery. Debts accruing 
by reason of personal service to the amount of $10 if single, or *!25 
if married, are exempt from garnishment, except that in suits for 
provisions and necressaries $10 only are exempt, and in suits for 
board nothing is exemi)t. Benefits allowed by benevolent societies 
are always exempt. 

Li.MiTATioxs. — Actions in ejectment must bo commenced within 
Jiftttn i/e(trsA\'U'r right to land accrues, except in case of disabilities, 
when five years after the disabilities arc n-movcd, are allowed; on 
specialties under seal and non-negotiable promissory notes, within 
seve7iteeti years after right ac(^rues ; on book account, debt on 
simple contracts, assumpsit, implied contracts, and contracts in 
writing not unch'r seal, except promissory' notes not negotiable, 
within six years ; a j>artial payment or un(pialiticd promise to pay, 
tliongh not in writing, will revive; the contract. Tres])ass on the 
case must be brought within six years. Actions on oral contracts, 
other than those proper for book debts, action of trespass, and ac- 
tions on the case for words, within three years. Scire facias against 
garnishee, within one year. Action for forfeiture under penal code, 
within one year. Action on bonds against surety in any civil con- 
tract, action for prosecution or appeal, within one year after Judg- 
ment in the suit in which they were given. Civil actions against 
sheriir or constal)le fcjr default in office, within two years. Against 
railroad companies: See damages against railroads. In all cases of 
time computation, the period of non-residence from the State is 
deducted. 

California. — The propeity exempt from execution and attach- 
ment is, viz: — Chairs, desks, etc., |!2()0; necessary household fur- 
niture, including sewing machine and wearing apparel; three cows 
and calves, four hogs and litter, and necessary food for same for 
one month; farming utensils; also two oxen or horses, or nudes 
(farmer's) with harness and one cart or wagon; also all seed of 
value of $200 actiuilly provided for use within six months; seventy- 
five bee hives and bees; horse and vehicle belonging to cripple, 
when necessary for his business; tools of mechanics; instruments of 



EXEMPTION AND LIMITATION LAWS. 33 

8iir<j:(M)ii, <k'iiti.st, pliysici:ui, or surveyor; profcssioiml libiarios; 
iiniHii'Jil iiistniiiu'iits iistd in iiistruction -jfivcn fur :i livoliliootl; cabin, 
Sir., of \nhwv, not I'xci'ciling s&uOO, also liis inai'liintTV, ^ooo, ami 
t\v(. horses or nuiles ami harness, one month's food for same when 
used in wliiin, .lerriek, il'c., and niiiiinj: ehiiin aetnaliy worked hy 
him to vahie of *10(i(); veliieh'S and animals actually used by dray- 
men, peddlers, &('., in i.rosccutinijr their business; carnin;,'s of ju<l«,'- 
menl debtor within Hiirty days, when it appears that same is neces- 
sary for support of family, but wlure debts ineurri d— for neces- 
saries, (»ne-half is liable; shares held in incorporate<l homestead 
associations to vahie of *il()()<) (or a homestead to the value of *"),- 
(•(10; all money privileges, etc. 

Li.Mii'Ai IONS. — Jndninents or decrees of any of the Tnited 
.States or State within the I'nited States, ^fi,iie years ; four ycar»u\\ 
contract, etc., founded on instrument in writinij executed in this 
State; three years on statute liability other than penalty or for- 
feiture bonds; for trespiiss, for taking, detaining, or injuring per- 
sonal property, including replevin or claim jind delivery; for relief 
on grounds of frainl or mistake, cau.se of action not arising until 
discovery of framl, etc. ; tiro years on ol)ligation not in writing or 
on instrument of writing executed out of the Slate; action against 
oflicer, etc.; nxe year various cases affecting commercial matters, 
and for libel and slander; six 9)io?tths to recover goods, etc., sei/.eil 
by any oilicer in his oHicial cajiacity as tax collector, etc.; to w- 
cover stock sold for delinquent assessments. No limitations against 
b.inkers or banks for deposits; if deposits arc a liundre<l years with- 
(»ut being claimed, the lawful cl;iimant can obtain the principle and 
interest. Four years in all other actions not enumerated in the 
foregoing. 

Dakota. — Kxein|>tions are as follows: — ^A homestead not over 
one acre in a town plot, ami not o\-cr lOO acri's outside, upon which 
is not nH)re than one dwelling-house and other necessary buildings 
occupied by a family (of at least three) is exem]it; also, goods' 
chattels, merchandise, numey or other pi'rsonal property not to ex- 
ceed in the aggregate -$1,.500 in value; or in lieu thereof various 
specified articles and personal property not to exceed in addition 
*1,50(). 

Limitations. — For recovery of posses.sioii, title or other real 



34 READY REFFFIFNTE MANUAL. 

cHt.ate iU'tioriH, twenty years ; iiott-H, Itills of t'xiiliaiifjfc, other than 
ri'iil estate deeds, seaK-d agreements, ordinary contracts, darnajjes" 
for fraud, personal injury, six years; oral debts, accounts, penalties 
under honds, et(!., three years. 

District of Columbia. — 'I'he property exempt from exocti- 

tion and altaclinient is as follows: — All wearini; apparel, household 
furniture <d' the value of ijfiloo; implements of. the debtor's trade or 
business, of )J200 in value; with !»(l'0() worth of stock for carrying 
on the business of his calling; the library or implements of a pro- 
fessional man or artist to the value of ^-ioo. 

LiMrr.vTioNs. — All actions on simple contracts, case, debt, 
replevin, etc., must be brought within three years after the time 
when such cause of action accrued; and upon bill, bon<l, judgment, 
recognizance, or other specialty, within twelve years. 

Judgments of Justices of the Peace ar»' barred after the lapse 
of three years. No exceptions in favor of absent parties. 

Florida. — Exemption of property to each head of a family: 
(I) 1(50 acres of land not situated within any corporate town or city; 
or one-lialf of one acre within such corporate limits, an<l including 
the home improvements, ami place of business; (2) ijdooo worth of 
personal property to be selected by the debtor, one set of tools of 
mechanic's trade, books of a professional man, etc., to the value of 
^300, to single persons; also necessary wearing apparel. 

Limitations. — Actions to recover lands, seveit years. Cove- 
ature, infancy or insanity prevents the running of the statute while 
such disability exists. Actions upon judgment or decree of any 
court, state or federal, or upon any instrument under seal, twenty 
years ; injury to real or personal property, damages or fraud, begin- 
ing from its discovery, breach of written contract, not under seal, 
tliree years. All contracts, agreements, bills, notes, and promises in 
writing for the payment in money, not under seal, fioe years. Ac- 
tions to recover the value of goods, as on a merchant's acctnint, 
four years. Non-residence in the State bars the running of the 
statute in any of the before named causes. 

Georgia. — Every liead of a family, every aged or infirm per- 
son, or persons liaving care and support of dependant females of 
any age, who is not head of a family, or guardian, or trustee of a 



EXEMPTION AND LIMITATION LAWH. 85 

family of minor chiMivn, Ih I'lititii'd to a ]u>mvstvn<\ of realty or 
|.fis(»iialty, or l.otli, to tlic valin' in tlic JVi;K«'t'gi*t<' "'" *', •><»'•• (^«'«' 
aiiu'iidmciit in llu- foiistitiitioii of tliis Statt' of the K'j^islaturc' of 
1^77.) 

LiMiTATioNrt.— For opcti accounts, foitr yearn ; notes, etc., six 
years ; jiulLtmciits to lie kept open and retain their lien must have 
execution issued thereon within »ei'en years, or they ln'coine clor- 
maul. P]xecutioh must l»e levied or have some entry made thereon 
l.y the sheriir or other niiidsterial oHicer every neven ymrs, or judj,'- 
nienl heeomes dormant. Dead judgments may he revived within 
t/iTtc i/i'(trs. A promise to renew or revive the debt must be in 
writing, in tiie handwriting of the debtor, (»r signed by hiu agent or 
attorney. 

Idaho. — Tiie exemptions are as follows: — chairs, tal)les, desk, 
books, t<) value of !»! !(»(», lu'cessary household, table and kitchen 
furniture of debtor and provisions needed for use of family; the 
farming utensils, implements of husbandry of debtor; also two oxen, 
ur two horses', or two mules and their harness, two eows, one cart or 
wagon, and food for sueh oxen, horses, or nudes, for three months; 
seed grain for purposes (»f planting to the value of ^-JOt); tools and 
implenu'iits of nuMthanie necessary to carry on his trade; instru- 
ments of surgeon, pliy.sician or surveyor and dentist, ami profes- 
sional men's libraries. 

Limitations. — Actions mubt be commenced within three years 
on an open account for goods sold and delivered ; same on an open 
mutual and current account, and on any contract or obligation not 
founded on a written instrument : no now promise will revive these 
obligations when once barred uidess a payment on account has been 
made by the debtor. 

Illinois. — Exemptions of homestead to the extent in value of 
$1000 ; the exemption extends to the husband or wife surviving, 
and to the children until the youngest becomes twenty-one years of 
age 80 long as they occupy the homestead : but this exemption does 
I not extend to the non-payment of taxes or for debt or liability in- 
curred in the purchase or improvement of the homestead. This 
exemption may be waived by deed, properly acknowledged. The 
proceeds of a sale of the homestead to the extent of $1000 are ex- 
empt for one year. The following personal property is exempt ; 



36 HEADY UEFEllENCE MANUAL. 

the necessasy wearing apparel. Bibles, school books and family pic- 
tures of every person, and $100 worth of other property, to be se- 
lected by tlie debtor. The debtor must make schedule of his prop- 
erty and deliver to officer, the property is then appraised by three 
householders, and the debtor selects his exemi)tions. If the head 
of a family shall die, 'desert, or nok eside with the same family, they 
shall, as though he did reside with them, be entitled to the full ex- 
emptions. No personal property is exempt, when the debt claimed 
is for wages. 

Limitations. — A judgment of a court of record is a lien upon 
real estate of the debtor in the county where the court is held for 
seven years. If execution is not issued within one year from the 
rendition thereof, it ceases to be a lien thereafter, but execution may 
issue at any time within seven yeurs, and will be a lieu from the time 
it is delivered to the slierift". Judgments rendered at the same 
term of court shall be all alike, no precedence. Judgments may be 
revived within twenty years. Judgments may be confessed in per- 
son or by attorney duly authorized. Actions on evidence of indebt- 
edness in writing must be brought within ten years next after 
cause of action arising after payment or new promise in writing. 
Actions or unwritten contracts must be commenced \yithiu ,/i>}e years 
after the cause of action accrued. Justice Courts have jurisdiction 
in all cases when the amount claimed does not exceed $200. Sum- 
mons is returnable in five days. Execution can be issued forth- 
with, but twenty days is allowed for appeal. No pleadings by brief 
re(^uired. 

Iowa. — If the debtor is a resident of the State, and is the 
head of a family, he is entitled to the following 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.