Estate of intestate passes in the following order, subject to the debts of the deceased: 1. If surviving husband or wife, and only one surviving child, in equal shares to each; if more than one surviving child, then one-third to surviving husband or wife, and the remainder in equal shares to the children, or the issue of such as may be dead; if no surviving husband or wife, then in equal shares to the children or the issue of such as may have died. 2. If no issue survive, one-half to the surviving husband or wife, and the other half to the decedent's father and mother, in equal shares, but if either be dead, then the whole of said half goes to the survivor of the other; if no father or mother survive, then one-half goes to the brothers and sisters, or the issue of such as may be dead, in equal shares: if no husband nor wife, nor issue survive the decedent, then the whole goes to the father and mother, if both survive, in equal shares, but if one be dead the whole estate goes to the other. 3. If neither husband, wife, issue, father nor mother survive, in equal shares to his brothers and sisters, or the issue of any that may be dead. 4. The whole estate goes to the surviving husband or wife, if no issue, father, mother, brother or sister survive. 5. If neither husband, wife, issue, father, mother, brother, sister, nor issue of brother or sister survive, in equal shares to the next of kin in equal degree; but in case of collateral kindred claiming through different ancestors, those who claim through nearest ancestor are preferred. 6. If more than one child, and one child dies while a minor and unmarried, his share goes in equal parts to the other children, or the issue of such as are dead. 7. If decedent was a widower or widow and leave no kindred, that portion of his estate which was common property at the death of his deceased spouse goes to the father of such deceased spouse, if living, or if such father be dead, to the mother; but if neither the father nor mother of such deceased spouse be living, then to the brothers and sisters, or the issue of such as are dead, in equal parts. 8. If no husband, wife or kindred, the estate escheats to the State for the benefit of the school fund. Kindred of half blood take equally with those of the full blood in same degree. Husband and wife take one from the other, only as to the separate estate of either, by inheritance. The husband succeeds to all the common property in case of death of the wife. If the husband dies, the wife succeeds to one-half of the common property, and the other half is subject to his testamentary disposition, but if intestate then it goes to his descendants in equal degree equally.

Issue at any time within five years after judgment. 'X. EXEMPTIONS:

Homestead is exempt to the head of a family to the value of five thousand dollars; to other persons, one thousand dollars. Books, chairs, tables, etc., to value of one hundred dollars; household goods, etc., to three hundred dollars; two cows, two hogs and three months' provisions; farming utensils, to three hundred dollars; one wagon, two horses and their harness; tools of mechanic, to five hundred dollars; surgeon's, surveyor's and dentist's instruments, professional libraries and office furniture; cabin of miner to five hundred dollars, and miner's tools, to two hundred dollars; thirty days' earnings of judgment debtor, if necessary for use of his family; life insurance represented by annual premium of two hundred and fifty dollars or less; and building and loan association shares not exceeding one thousand dollars in value. Homestead exemption must be claimed by declaration acknowledged and recorded.

XI. INTEREST AND USURY:

Parties may contract to pay one and one-half per cent per month, but any judgment rendered thereon bears interest at the rate of ten per cent per annum. Ten per cent is the legal rate. Judgments bear ten per cent. Compound interest is not allowed; but an agreement to pay interest upon overdue interest, if overdue at the date

of agreement, is valid. Usury makes a forfeiture of ten per cent per annum.

XII. JUDGMENTS:

Of the District Court are liens on real estate for two years. Probate and Justice Court judgments may be docketed in the District Court and so become liens. XIII. LIENS:

Liens are given generally to contractors, sub-contractors, material men, laborers, mechanics and farm laborers. Must be in writing and recorded, if contractor, within ninety days; other persons sixty days from completion of structure or completion of labor. Must be enforced within six months unless credit is given; and expire within two years at all events.

Chattel mortgages must be accompanied by affidavit of mortgagor that mortgage is made in good faith and without any design to hinder, delay or defraud creditors, and must be acknowledged or proven as are grants of real estate; and the mortgage, or a true copy thereof, filed for record in the county where the mortgaged property is located and kept. These provisions are mandatory and unless complied with the mortgage is void as against creditors of the mortgagor and subsequent purchasers and incumbrances of the property in good faith and for value. If chattel mortgaged property is removed from the county, or sold, concealed or disposed of without the consent of mortgagee, it is larceny. Mortgaged personal property may be attached if tender is made to mortgagee before levy, of the amount due on mortgage. Chattel mortgage may be foreclosed by notice and sale or by action in District Court. The former is a more speedy and summary remedy than the latter.

XVII. NOTES AND BILLS:

Notes payable to "bearer" or "order" are treated as inland bills of exchange. Acceptance must be in writing. No days of grace are allowed. Notice of dishonor may be served personally or by mail. A bill falling due on a holiday may be presented on the following day. XVIII. SUITS:

The use of all appropriated, or thereafter to be appropriated waters, whether for sale, rental or distribution, is declared to be a public use. The right to collect rates for the use of water is a franchise. The right to divert unappropriated water to beneficial uses is never denied. Priority of appropriation governs. When the waters of a natural stream are insufficient for all using the same, those using for domestic purposes have preference over all others; those using for agricultural purposes have preference over those using for manufacturing purposes; and in a mining district those using for mining purposes have preference over those using for manufacturing or agricultural purposes. The Legislature has formulated enactments similar to the Wright act of California (recently decided invalid by Judge Ross), and has also accepted the provisions of the Carey act (act of Congress, June 30th, 1894), enabling the State to accept certain lands from the United States and to provide for their reclamation, occupation and disposal.

XXI. WILLS:

Every person over eighteen and of sound mind, may make a will. A married woman may will her separate estate without the husband's consent. Wills, except they be nuncupative, must be in writing, subscribed to by the testator, or by some person for him in his presence and also in the presence of two attesting witnesses, who must each sign in the testator's presence. Holographic wills, however, need not be witnessed.

CORPORATIONS.

Corporations may be formed for any lawful purpose by five or more persons, a majority of whom must be residents. Articles of incorporation must state: name and purpose of corporation; principal place of business; duration of existence; number of directors, with the names and residences of those for first year; amount of capital stock (if corporation for profit); amount subscribed and by whom. Said articles must be filed with the county recorder, and a certified copy with the Secretary of State. Stockholders' liability limited. Foreign corporations complying with local law are put on same footing as domestic corporations.

MINING.

I. LOCATION AND RECORD:

Locations under the laws of the United States may extend three hundred feet on each side of the middle of the vein or lode. At the time of discovery, the locator must erect a discovery monument at the place of discovery, showing locator's name, name of location, date of discovery and distance claimed along the vein each way from the monument. Within three days thereafter, locator must mark the boundaries of his claim and the corner or angle it represents. He must, also, at the same time post at the discovery monument his location notice showing: the names of the locator and of the claim; date of discovery; direction and distance claimed along the ledge from discovery; distance claimed on each side of the middle of the ledge; distance and direction from discovery monument to some natural object or permanent monument, if there be any, such as will fix and describe in the notice, the location; the name of the mining district, county and State. The location notice must not contain or describe more than one location even though the location be by one or several locators. Monuments may be of any material or form, so they will readily give notice; must be four feet above ground, and if trees, must be hewn to readily attract attention, and marked facing the discovery, and be at least four inches square or in diameter. Monuments must be taken to mark correctly the line of the location, and the location cannot afterward be changed if interfering with after acquired rights. Within sixty days after location, there must be sunk

a discovery shaft ten feet in depth from the lowest part of the rim at the surface, in area not less than sixteen square feet. A located claim is not subject to re-location for ninety days after date of location, unless there has been an abandonment, or failure to comply with the requirements of law herein mentioned. A location may be amended when there is no interference with existing rights. Within ninety days after the date of location a copy of notice of location must be filed for record in the county recorder's office or of the recorder of the district wherein the claim is situated. Before location notice is filedwhether quartz or placer-it must be accompanied by an affidavit of the locator that he is, or has declared his intention to become a citizen of the United States, that he is acquainted with the ground described in the location notice; that the ground has not theretofore been located, or if previously located has been abandoned or forfeited; and if a quartz claim, that he has tunnelled, or sunk a shaft to the extent or depth of ten feet.

Within sixty days after any time set for the performance of labor upon lode or placer claims, an affidavit of the performance of labor must be filed; said affidavit to be subscribed by the person in whose behalf such labor is performed or some person for him. Such affidavit is prima facie evidence of the performance of labor, and failure to file is prima facie evidence that no labor has been performed.

IV. ABANDONED CLAIMS:

Abandoned claims are re-located in the same manner as original locations, except that the locator may sink the original discovery shaft ten feet deeper instead of sinking a new shaft, or run the tunnel ten feet further along the course of the lode. New monuments must be erected. County recorders, upon petition of ten or more miners of a mining district, must appoint deputies therefor, if said district is twenty miles distant from an existing office. If the recorder fails to appoint a deputy, the miners may make such appointment.

When the right to mine is separate from the ownership or right of occupancy of the surface ground, the miners must give security to such owners or occupants if demanded, and may be enjoined until security is given.

I. ALIENS:

COMMERCIAL LAW.

Aliens possess the same rights to acquire and own personal property as citizens. Aliens are generally incapable of taking and holding real estate. Heirs of aliens who have heretofore acquired lands may take by devise or descent and hold for three years if of age, five years if not of age. Minor aliens residing in the United States may acquire title and hold for six years after they might declare their intention to become citizens. Aliens, residents of the United States who have declared their intention to become citizens, may take and hold real estate if at the time of acquiring the lands a certified copy of their intention to become citizens is filed for record in the county in which the land lies. Aliens may also take valid title to real estate by purchase at any sale under lien or judgment, and may hold and sell at any time within the next three years. As a rule, failure to dispose of the property within the time limited causes it to escheat to the State.

II. ASSIGNMENTS:

Debtor cannot make preferences. Claim must be filed with assignee within three months from publication and mailing of notice to creditors by assignee. Proving claim and accepting dividends does not discharge debtor. The assignee must file a list of claims proven within three months after the assignment. Claims may be contested within thirty days after the list is filed. Wages of laborers or servants earned within three months before the assignment are preferred if duly proven.

III. ATTACHMENTS:

Where the debt is due, and exceeds twenty dollars, attachment may issue in the following cases: Where the debtor is not a resident of this State. When the debtor conceals himself or stands in defiance of an officer, so that process cannot be served upon him. Where the debtor has departed from this State with the intention of having his effects removed from this State. Where the debtor is about to depart from this State with the intention of having his effects removed from this State. Where the debtor is about to remove his property from this State to the injury of such creditor. Where the debtor has within two years preceding the filing of the affidavit required fraudulently conveyed or

assigned his effects, or a part thereof, so as to hinder or delay his creditors. Where the debtor has within two years prior to the filing of such affidavit fraudulently concealed or disposed of his property so as to hinder or delay his creditors. Where the debtor is about fraudulently to conceal, assign, or otherwise dispose of his property or effects, so as to hinder or delay his creditors. Where the debt sued for was fraudulently contracted on the part of the debtor: provided, the statements of the debtor, his agent, or attorney, which constitute the fraud, shall have been reduced to writing, and his signature attached thereto, by himself, agent or attorney.

Affidavit may be signed by the creditor, his agent, or attorney. Bond in double the amount of the debt is required. Non-resident plaintiffs must also give separate bond for costs. All judgments in attachment against the same defendant, returnable at the same term of court, and all judgments against him in suits by summons, capias, or attachment recovered at that term, or at the term when the first judgment is obtained, share pro rata.

IV. CLAIMS AGAINST ESTATES:

Claimants against estates of deceased persons are required to produce their claims in writing at a term of the Probate Court fixed by the administrator within six months of administration, of which six weeks' notice has been given, unless the court otherwise orders. Claims may be subsequently filed and still be pro rata. Claims not objected to by the administrator or other interested parties are allowed it verified by claimant. If objected to, they must be proven in court. Claims are classified and paid as follows: 1. Funeral expenses. 2. Widow's award. 3. Expenses of last illness, exclusive of physician's bill. 4. Debts due the school or town fund. 5. Expenses of administration and physician's bill in last illness. 6. Money held by deceased in trust. 7. All other demands. Every debt shares pro rata in its class. V. COURTS:

The Supreme Court holds its sessions as follows: At Mount Vernon on the first Tuesday in May and third Tuesday of November; at Springfield on the first Tuesday of January and first Tuesday of June; and at Ottawa on the first Tuesday of March and the first Tuesday of October. It is the court of last resort. It has original jurisdiction in cases relating to the revenue, in mandamus and habeas corpus and appellate jurisdiction in all other cases, and may issue all writs necessary to enforce the due administration of justice. Appeals lie to it direct in all criminal cases above the grade of misdemeanors; cases in which a franchise, or freehold, or the validity of a statute, or construction of the constitution is involved; cases relating to the revenue, or in which the State is interested as a party or otherwise: and from judgments of the Appellate Court in affirmed civil cases where the amount in controversy exceeds one thousand dollars, exclusive of costs.

The Appellate Court holds its sessions as follows: The First District, at Chicago, on the first Tuesdays in March and October; the Second District, at Ottawa, on the third Tuesday in May and the first Tuesday in December; the Third District, at Springfield, on the third Tuesdays of May and November, and the Fourth District, at Mount Vernon, on the fourth Tuesdays of February and August. Its jurisdiction is appellate only, which it exercises in all criminal cases below the grade of felony, and in appeals from final orders, judgments and decrees of trial courts in civil cases, except those cases noted as going direct to the Supreme Court. Its decisions are final in civil cases involving one thousand dollars or less, unless a majority of the judges certify to the Supreme Court that a question of law of special importance is involved.

Circuit Courts have original jurisdiction of all cases in law and equity, and appellate jurisdiction in sundry matters appealable from the County and Probate Courts and justices of the peace. The terms in the counties are various as to time, and are fixed by statute.

The Superior Court of Cook County has concurrent jurisdiction with the Circuit Courts.

County Courts have jurisdiction in all probate matters, settlement of estates of decedents, appointment of guardians, servitors, and settlement of accounts; all matters of prentices, proceedings for the collection of taxes, proceedings by executors, administrators, guardians and conservators for the sale of real estate for purposes authorized by law, and such other jurisdiction as may be provided. They also have civil jurisdiction where the amount in controversy does not exceed one thousand dollars and concurrent jurisdiction with the Circuit Court in appeals from justices of the peace and police magis

trates.

Probate Courts may be organized in counties of a population of seventy thousand or more and have original jurisdiction in all matters of probate, settlement of estates of decedents, appointment of guardians and conservators, settlement of accounts, matters relating to apprentices, and the sale of real estate for the payment of debts.

All of the foregoing are courts of record.
Justices of the peace have jurisdiction to the extent

of two hundred dollars in the following actions: 1. Suits
on contracts to recover money. 2. Damages for injury
to real property or for taking, detaining or injuring per-
sonal property. 3. For rent and distress for rent. 4.
Against railroads and those operating them for the kill-
ing and injuring of live stock and loss or injury to per-
sonal or real property because of fire from railroad
engines or otherwise. 5. In replevin, 6. In attachment.
7. For damages for fraud in the sale, purchase, or ex-
change of personal property, and in all cases where debt
and assumpsit will lie. The amount actually due after
deducting all set-offs governs the jurisdiction.
VI. FEES:

Acknowledgment before notary public.
Acknowledgment before justice..
Chattel mortgage before justice.
Acknowledgment before clerk of court..
Attachment, contingent.

Appeal, outside of transcript to Appellate Court,

Commencement of suit in court of record, in Cook
County, sheriff's fees, and.
Incorporation: Capital, $2,500..
Capital $5,000....

.25

.25

1.00

.25

10.00

30.00

50.00

1.00

2.00

.25

Each additional $1,000. Probate, contingent. Protest...

Each notice.

Record, contingent. Redemption, contingent. Sheriff, service...

Service on corporations. Mileage

Transcription, contingent.

.75

100

.10

.50

Witness: In Justice Courts, per diem..
Courts of record, mileage, 10 cents, and per diem.. 1.00

VII. DEEDS:

Must be signed and sealed by grantor. A scrawl by way of seal is sufficient. Witnesses are not necessary. The words "convey and warrant" include all the covenants of a warranty deed. Dower is released by wife or husband, as case may be, joining in deed. A married woman may convey her own property to same extent and in same manner as husband may. Acknowledgment by a married woman is made the same as if she were unmarried and has same effect. She need not be examined separately and apart.

Conveyances of real estate done within the State may be acknowledged before a master in chancery, notary public, United States commissioner, Circuit or County Court clerk, justice of the peace, or any court of record having a seal, or any judge, justice, or clerk of such court. If before a notary, United States commissioner, court, or clerk thereof, the same must be attested by official seal; and when taken before a justice, in a county where the lands do not lie, the county clerk must certify under seal of office, that the person taking such acknowledgment was a justice of the peace of said county at the time of taking same.

If done without the State and within the United States, acknowledgment of conveyance may be made before a justice of the peace, notary, United States commissioner, commissioner to take acknowledgment of deeds, mayor of a city, clerk of a county, or any judge, justice, or clerk of the Supreme, or any Circuit or District Court of the United States; or any judge, justice, or clerk of the Supreme, Circuit, Superior, District, County or Common Pleas Court of any of the United States or territories. Officers using official seals must affix the same. If before a justice of the peace, the certificate of the proper clerk, under seal, to the justice's authority must be added. Acknowledgment may be made in conformity with the laws of such state or territory, or the law itself proven.

any

If done without the United States, acknowledgment may be made before any court having a seal: mayor or chief officer of any city or town having a seal: or before any minister or secretary of legation, or consul of the United States under seal; or before any officer authorized by the laws of such foreign country to take such acknowledgments; if he have an official seal, the same to be affixed, and proof to be attached that such officer was authorized by the laws of his country to take such acknowledgment. The certificate of a consul or minister of the United States in such country, under his official seal, that the instrument is executed in conformity with such foreign law is prima facie evidence thereof.

The officer must certify that the grantor is personally known to him to be the same person whose name is subscribed to such deed or writing, as having executed the same; and that he appeared before him in person and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act for the forth. uses and purposes therein set In case of homestead the following must be added: "Including the

release and waiver of the right of homestead." Husband and wife must both join in the release of homestead.

All instruments affecting title to real estate must be recorded in the county where such property is situated, and take effect from filing for record, as to creditors and purchasers, without notice. A deed ordered to be made under a decree of the court by a commissioner master in chancery must be recorded within six months after execution. Tax deed must be recorded within one year after the time of redemption expires.

VIII. DEPOSITIONS:

or

The deposition of a witness who resides in this State more than one hundred miles from the court, or not residing in this State, or who is engaged in the military or naval service out of this State, may be taken on commission and written interrogatories on ten days' notice. The deposition of any non-resident witness may also be had, under a commission on oral interrogatories, on ten days' notice, and in addition of one day (Sunday included) for every one hundred miles from the court to the place of the taking of the deposition. The commission is directed to a named person, or to any judge, .master in chancery, notary public, or justice of the peace of the county or city where the witness resides; but when taken out of the State before other than a named commissioner, the return must be accompanied by a certificate of his official character, under the great seal of the state, or seal of a court of record of the county or city where the deposition is taken.

The witness, previous to the examination, is required to be sworn, or affirmed by the commissioner to testify the truth in relation to the matters in controversy, so far as interrogated. Questions and answers are required to be written in full, in the order proposed and answered, and the deposition to be signed by the witness; and when completed the commissioner is required to annex at the foot a certificate stating that it was sworn to by the witness, and showing the time and place where taken. The deposition thus taken, and all exhibits produced or proved or referred to by any witness, together with the commission and interrogatories, are required to be enclosed, sealed up, and directed to the clerk of the court, with the names of the parties litigant indorsed thereon. A party, his attorney, or other interested person, is not permitted to dictate, write or draw up any deposition, or to be present during the taking of any deposition by written interrogatories. Authority is conferred on the commissioner, and on commissioners acting under commissions or notices from other states, to issue subpoenas and compel attendance of witnesses. Every deposition must be reduced to writing in the presence of the officer before whom it is taken and signed by the witness. If any paper or exhibit is produced and proved, or referred to by the witness, it ought to be described in his deposition, or marked and referred to by the deponent, in such manner that it may be identified when the deposition is read; and all such papers and exhibits must be attached to and returned with the deposition. If the officer taking the deposition have an official seal, it must be affixed to each certificate.

IX. DESCENT:

After all debts are fully paid, the real and personal estates of those who die without making wills descend as follows, to-wit: 1. To children and their descendants in equal parts; the descendants of the deceased child or grandchild taking share of their parents in equal parts. 2. There being no child nor descendant of such, and no widow or surviving husband, then to the parents, brothers and sisters and their descendants in equal parts, each parent taking a child's part, or the survivor a double portion. If no parent is living, then to the brothers and sisters and their descendants. 3. When a widow or husband survives and no child or descendant of child, one-half the real and all the personal estate goes to the widow or surviving husband and the other half of the real estate descends as in other cases where there is no child or descendant of child. 4. Where widow or husband survive and also child or descendants of child the widow or surviving husband takes one-third of all the personal estate. 5. If there is no child or descendant of child, and no parent, brother or sister or descendant of such, and no widow or surviving husband, then the estate goes in equal parts to the next of kin in equal 'degree, computing by the civil law. There is no distinction between the whole and the half blood. 6. If widow or husband survive, but no kindred, the estate descends to such widow or husband. 7. If no kindred, widow or husband survive, the estate escheats to the county in which said real or personal estate, or the greater portion of it, is situated.

X. EMINENT DOMAIN:

Private property may be taken for public use, for public roads, for railroads, roads to mines and mills, but not without compensation first made.

The party authorized to take or damage the property required for such purpose may apply to the judge of the Circuit or County Court by filing a petition setting forth

the authority and purpose for which the property is to be taken, a description of the property and the names of all persons interested in the property, if known. The judge orders a summons issued to each resident defendant and notice published to each non-resident defendant. The case may be heard in vacation or term after ten days' service of process. Any number of separate pieces of property may be included in one petition if they are in the same county, but the compensation must be assessed separately by jury. New parties may be brought before the court whenever necessary.

When the summons is issued the clerk makes out a list of sixty-four disinterested freeholders and from them a sheriff's jury of twelve is selected by lot. This jury is sworn, examines the property, hears the proof and makes a written report under the direction of the judge, showing how much damage each person is entitled to. Benefits or advantages to the property because of the improvement cannot be deducted from the compensation. Upon receiving the report the judge makes an order that the petitioner may enter upon the property for the purpose specified, upon the payment of the ascertained compensation. Appeals lie from the decision of the court to the Supreme Court. If the party whose property is damaged appeals, the petitioner may enter upon the use of the property before the appeal is decided, if he gives a bond conditioned to pay the compensation finally adjudged. The compensation may be paid to the county treasurer, and he shall, on demand, pay it to the party entitled thereto.

XI. EXECUTIONS:

May issue immediately after judgment, at any time within seven years thereafter, and to any county. If execution is not issued within one year judgment ceases to be a lien on realty, but if issued thereafter, becomes a lien from time of delivery to proper officer to be executed. Real estate shall be levied on first unless defendant turns out personal property. Execution binds personalty from time of delivery to proper officer to be executed, and is returnable in ninety days. When issued to another county and there levied on real estate, the officer must file a certificate thereof in the recorder's office before the lien attaches. All goods and chattels, real and personal, except exemptions, may be sold on execution. Three weeks' notice of sale of realty and ten days' of personalty must be given. No execution can be issued by a justice of the peace for twenty days after judgment, unless upon affidavit that debt will be lost unless execution issue forthwith. Execution from a justice of the peace cannot be levied on realty, but is a lien on personalty from time of delivery to officer, is returnable in seventy days, and may issue at any time within seven years after judgment.

XII. EXEMPTIONS:

The following articles of personal property owned by the debtor are exempt, namely: Necessary wearing apparel, Bibles, school books, family pictures of every person, and one hundred dollars' worth of other property, to be selected by the debtor; and in addition, when the debtor is the head of a family, and resides with the same, three hundred dollars' worth of other property, to be selected by the debtor; but which selection shall not be allowed from money, salary or wages due the debtor. Should any of the exempted property be seized, double its value may be recovered.

When the head of a family dies, deserts or does not reside with the same, the family is entitled to the exemptions.

Appraisement: When exemptions are claimed, the debtor is required to deliver to the officer having the writ, a schedule under oath, embracing all his personal property, including money and debts due him, and property not included therein is not exempted. The property is then appraised by three householders, and the debtor selects such as he desires at the appraised value, and the excess over the exemptions to which he is entitled he delivers to the officer. There is no exemption where the debt lies for a servant's or laborer's wages.

XIII. HOMESTEAD:

Every householder having a family is entitled to a homestead of the value of one thousand dollars, if occupied as a residence. The exemption, unless released by deed, extends to the husband or wife surviving, and to the children until the youngest becomes twenty-one, so long as they continue in the occupancy of the homestead. Homesteads are not exempt from liabilities incurred for their purchase or improvement. The proceeds of any sale by the owner are exempt to the extent of one thousand dollars for one year. If the premises are supposed to exceed in value one thousand dollars, an appraisal is had, and if the property can be divided without injury, so much, including the dwelling, as shall be worth one thousand dollars, is set off as exempt, and the residue may be sold. If the premises cannot be divided, the debtor has the option to pay the excess over one thousand dollars on the execution, or to suffer

a sale and receive one thousand dollars of the proceeds, the excess over that sum being applied on the execution. In case of the loss of an insured building so exempt the insurance money is exempt to the same

extent.

XIV. INTEREST AND USURY:

The legal rate is five per cent, but seven per cent by contract. Interest at five per cent accrues after maturity on written instruments for the payment of money. Creditors are entitled to five per cent on money lent or advanced, or due on the settlement of account, from date of liquidation and settling the balance; on money received to the use of another, and retained without the owner's knowledge; and on money withheld unreasonably and vexatiously. Judgments bear five per cent. The penalty for contracting for, or receiving more than seven per cent, is forfeiture of all the interest. A corporation cannot plead usury.

XV. JUDGMENTS:

In courts of record are a lien on the real estate of debtor in the courty where rendered for seven years, but may be revived. There are no priorities between judg ments rendered at same term of court.

Transcript from another county being filed in the office of a clerk of a court of record, operates as a judgment. When execution is not issued on a judgment within one year the lien ceases, but execution may issue any time within seven years and becomes a lien from the time of delivery to officer. Judgments may be revived within twenty years. Judgments may be confessed in term time or vacation, in person or by attorney, without process. Judgment notes are used.

XVI. LIENS:

Any person who shall, by any contract with the owner of a lot or tract of land, or with one whom such owner has authorized or knowingly permitted to improve the same, furnish materials or improve the said lot in any manner, or perform services as architect, or furnish or perform services as special contractor or otherwise on the order of the person having charge of the improvements in building. altering, repairing or renovating the same, shall be known as a contractor, and have a lien upon the building and land and upon adjoining lots of owner constituting the same premises. Said lien further extends to any estate, right of redemption or other interest which such owner may have. If not filed in thirty days the lien attaches from the date of filing. It must be filed within four months after the last payment shall have become due. In the case of sub-contractors, the, lien must be filed within two months.

The lien attaches as of the date of the contract, but as against attaching creditors it shall not attach unless within thirty days thereafter the contractor shall file in the office of the clerk of the Circuit Court a statement of the substance of his contract.

Hotel and boarding-house keepers have liens upon their guests' baggage and valuables.

Stable keepers and agisters have liens on the animals, vehicles, etc., for feed, stable, etc.

Liens for supplies, work and damages are also given against steamboat, canal boat and other water craft.

Actions on oral contracts, express or implied, to recover damages for injury to property, real or personal, and all civil actions not otherwise provided for, shall be commenced within five years after cause of action accrues. On open accounts statute runs five years from date of last payment or agreement to pay. Actions on bonds, bills and notes, written leases, written contracts, or other written evidence of indebtedness, shall be commenced within ten years after cause of action accrues. Payment, or new promise to pay, in writing, extends time ten years from time when made. Generally, the statute does not run during absence from the State.

XVIII. MARRIED WOMEN:

A married woman may receive, use and possess her own earnings and property, both real and personal; may sue and be sued, make wills, acknowledge sale of and convey property: may carry on business in her own name, and be held liable therefor as though single, but cannot enter into a partnership business without the assent of her husband; is not liable for husband's debts, but property of both is liable for expenses of the famfly. Transfers of goods and chattels between husband and wife must be in writing and be recorded as chat

tel mortgages are. Neither can recover from the other for services. A married woman living apart from her husband without her fault may sue for reasonable support and maintenance.

XIX. MILLS:

Any person owning land on cne or both sides of a water-course, who desires to repair or build a mill or erect or improve a dam, may, if the compensation for the land taken cannot be agreed upon, cause the damage to be appraised by filing a petition in the County or Circuit Court and giving notice to all persons interested, both personally and by sixty days' publication in some newspaper. After the requisite notice has been given, a jury is selected to ascertain and report a just compensation and decide whether the health of the neighborhood will be injuriously affected. If not, and the improvement will not injure any existing mill, the applicant is allowed to make the improvement upon paying the damages assessed by the jury. Applicant has three months after jury report in which to decide whether he will pay the amount fixed by the jury. If he does not accept their verdict, the proceedings are at an end. If he does accept he must pay the damages with all costs and a reasonable attorney's fee, and must make the improvement in from one to three years, according to its nature. If the improvement, after erection, be destroyed, the owner has five years in which to replace it.

To maliciously injure, remove or destroy any canal, levee, dam, reservoir or trench, or the gear or machinery of any mill, or to draw off, or cause to be drawn off, the water from any mill-pond, reservoir, canal or trench, whereby any water-power is injured or its use impaired, is an offense punishable by fine of five hundred dollars or imprisonment for one year.

The municipal board in each city and village have authority to allow the construction of mills, mill-races or feeders through or across the streets, under such restrictions as they may deem proper.

XX. MORTGAGES:

Real estate mortgages are executed and acknowledged in the same manner as deeds. Wife and husband must join, except in mortgages to secure purchase money. In rare cases the law permits strict foreclosures; that is, the creditor takes the property in full payment of the debt without redemption. If the property is worth less than the debt mortgagor is insolvent and there are no subsequent lien holders. They may also be foreclosed by bill in chancery or by fieri facias. Deeds which are intended only as security are treated as mortgages. Deficiency judgments may be entered.

Chattel mortgages are not valid as against third parties, unless property be delivered to the grantee, or unless instrument provides for possession with the mortgagor and is acknowledged before a justice of the peace and recorded. Are not valid beyond two years unless an extension is filed, and a certified copy of the extension, before the justice before whom the mortgage was acknowledged, or his successor. Chattel mortgages of household goods must be joined in by husband and wife.

XXI. NOTES AND BILLS:

Days of grace are abolished. Makers, drawers, acceptors, endorsers and guarantors may all be sued in the same action. The legal holidays are: January 1st, or New Year's Day; February 12th, or Lincoln's birthday: February 22d, or Washington's birthday: May 30th, or Decoration Day: July 4th, or Independence Day: first Monday in September, or Labor Day: a Thursday in November, or Thanksgiving Day: December 25th, or Christmas Day; and Sundays and the days upon which the general, State, county or city elections shall be held. Notes maturing on these days are have deemed to matured the first secular day following. When a public holiday falls on Sunday the day following shall be the holiday.

XXII. SUITS:

All except local actions are brought in the county where the defendant resides or is found, but when there are several defendants, suit may be brought where one defendant resides. Process may issue to any other county for the other defendants. If an affidavit showing the nature of plaintiff's demand and the amount due is filed it will entitle him to judgment as in the case of default, unless the defendant shall file with his bill an affidavit stating that he verily believes that he has a good defense to said suit upon the merits. Non-resident plaintiffs are required to file security for costs. Common law forms of action obtain; but the distinction between trespass and trespass on the case is abolished and counts in trover and replevin may be joined.

XXIII. TAXES:

The owner of property on the first day of May in any year is liable for the State and county taxes of that year. The taxes assessed on real property are a lien thereon from and including May 1st in each year. Those assessed upon personal property are a lien from the time