A ~ ' M[( I!I(;A eqr ATh (AVIT(fl CGO V E R N WI E N T STATE OF MICHIGAN, EMB1RACING AN ABSTRACT OF THE LAWS, AND SHOWING THE DUTIES OF STATE, COUNTY AND TOWNSHIP OFFICERS; ALSO, A BRIEF OUTLINE OF THE GOVERNMENT OF THE TJ1IT- "D STA,TIS, BY CHARLES R. BROWN. KALAMAZOO: PRINTED BY "'DAILY TELEGRAPH PRINTING COMPANY 1874. OF TIIE Entered according to Act of Congress, in the year 1874, by CHARLES R. BROWN, in the effic& of the Librarian of Congress, at Washington. .:. I'' / I'; -, He TABLE OF CONTENTS CHAPTER. PAG 1. Of the Organization of Governnent, and the Exer cise of sovereignty........................................... . ()f Laws and their Necessity-Rights and Duties.... 3. Of the Different Forms of Goverinment-Constitu tions, and the Purpose they Serve..................... 4. Of the Territory of Michigan-Admission of Illinois and Michigan as States of the Unioln-Difficulty between Ohio and Michigan........................... 5. Of thle Survey of the Public Lands-Subdivisions of Townships and Sections.................................... 6. Government of Michigan-Divisions of the Puowers of Government................................................ 7 Election of State, County, and Township Officers.... I. Qualifications of Electors-Naturalization of For eigners............................................................ 9. Elections, How Conducted-Challenge of Peirsons Offering to Vote............................................. 10. Of Elections (continued)-Canvass of Votes and Rte turn of Statements.......................................... 11. Of Elections (continued)-.................................. 1'. I1low the President and Vice President of the United States are elected........................................... 13. Of the Legislative Department-Its Powers and Duties............................................................ 14. Of the Enactment of Laws................................. 15. Executive Department-Duties of the Governor and other Officers.................................................. 30 *2 3,5. TABLE oF CONTENTS. 16. Of State Officers and their Duties (continued)-Audi tor General-State Treasurer —Commissioner of the Land Office-Superintendent of Public Instruction - \ ttorney General.........................................., 7 17. Of State Boards and Commissioners......... 39 18. Of Counties and County Officers.................44 19. Of County Officers-County Treasuier —Jug(le of Probate-Prosecuting Attorney-County Clerk Sher iffs............................................ 46 '20. Of County Officers (continued)-Coroners-Register of Deeds-County Surveyors-County Superin tendent of Sc hools........................................... 48 '21. Of Conty Officers (continued)-Circuit Court Coin missioners-Superintendents of Counlty Poor-No tariies Public-Inspectors of Provisions and other Merchandise..................................................... 50 '22. Of Townships and Township Offlcers-Supervisoi, Township Clerk- Townshiip Board- Townshlip Treasurer-Constables...................................... 5 2). Of Township Officers (continued?-Commnissioners of Highways- Ooverseers of Highways-Slchool Inspectors-Pound-mastelrs................................ '4. Cities and Villages.............................................. 54 25). Of the Military Department-State'lTroops —Ge.iieial r,) Officers-Organization of Regiments- legimrnental and Company Officers...................................... 57 0_6. Of the Judicial Department-Justic(e's Couirts-Juris diction-Commencement of Suits —lncidents of a Trial.......................................6.......................(0 '27. Of Jury Trials —How Judgments are Executed or Satisfied —Criminal Jurisdiction of Justices of the Peace............................................................. 64 O)S. Of Proceedings before Justices of the Peace, in Criminal C ase s................................................. 66 29. Probate Courts —Their General Duties and Powers Circuit Courts and Supreme Coulrt —Theii Duties and Powers.................................6................... 68 '',0. Public Instruction-District Schools-School Officeir, their Powers —Penalty for Failure to Send Chil dren to Sc hool................................................. 72 31. The State Normal School —State University —Agri Iv 16. TABLE OF CONTENTS. cultural College-State Public School..................74 Of Benevolent Institutions................................7. 6 Penal and Reformatory Institutions...................... 78 Assessment and Collection of Taxes.................... 80 Of Weights and Measures.................................... 83 The Public Health............................................ 84 Of Fences and Fen(ce-viewers —When no Damages Allowed for Injurtllies by Trespassing Animals....... 86 Registration of Births, MIaririages, and Deaths........ 87 Money and Interest.......................................... 82 Of the Support of Poor Persons.......................... 89 Of the Lien of Mechanics and Others.................... 91 The Internal Police of the State-Of Disorderly P,r sons-Who Required to Give Security for Good Behavior......................................................... 94 Of the Obseirvance of the Sabbath —Gaming and the Penalties Therefor.......................................... 96 Sundry Laws Regulating the Conduct of Citizens The Law of the Road —Destruction of Timber Marks........................................................... 98 Lost Goods and Stray Beas ts............................... 100 Running at Large of Animals-Unclainied Proper tv —Theatrical Exhibitions and Shows-Gunpow der-Dogs-Sheep............................................102 Laws for the Protection of Fish...........................106 Of the Protection of Game and Musk-rat s.............li)9 Trespass ul)on Cranberry Marshes-Canada Thistles, Destruction of................................................. Intoxicating Li(uois —Manufacture and Sale of, Prohibited...................................................... 114 Of Ciines and Misdemieanors-Treason —Murder — Duels -- Manslaughter —Maiming - Robbery-Ma licious Threats —Maririage under Duress or by Force —Unlawful Imiprisonment-Kidnapping....... 118 Of Crimes and Misdemeanors (continued).-Attempts to Poison. —Taking or Enticing Children Away from Parents or Otliheris.-Abandonmnent of Chil dren —Careless Use of Fire-arms.........................121 Of Offenses Against Property.-Burning Buildings and Other PrIoperty.-Ilouse-breaking, &c.-Lar ceny.-Receiving Stolen Goods. —Embezzlement.. 122 v 32. "D) 3. .33. l34. 35. 36. 3'7. TABLE OP COXTEXTS. 54. Of Crimes and Misdemeanors. —False Representa tions and Pretenses. —Destruction and Fitting Out of Vessels, with Malicious Intent.-Malicious In juries. —Burglar's Tools.-Larceny in Other States -Injuries to Shade Trees.-Of Certain Trespasses.124 55. Of Crimes and Misdemeanors (continued).-Offenses Upon, and in Relation to Railroads and Cars........ 1(C) 56. Of Forgery and Counterfeiting.............................. 127 57. Of Offenses Against Public Justice.-Perjury.-Brib ery.-Escapes of Prisoners.-Duties of Officers and Others in Arresting Offenders............................ 130 5S. Of Certain Offenses.-Falsely Assuming to be a Pub lic Officer.-Concealing or Compounding Offenses -Extortion by Officers.-Resistance to Officers. Riots.-Molestation of Laborers......................... 1 3) 59. Offenses Against Chastity, Morality, and Decency...1-t34 60). Of Offenses Against Pubiic Policy.-Lotteries. Telegraphic Iiessages.- Offenses Against Election Laws.-Cruelty to Animals................................137 61. Domestic Relations-Marriage and Divorce............ 139 62. Of the Domestic Relations (continued).-lHusband and Wife.-Rights of Married Women................1-2 6(). Government of the United States-Colonial G6-overIn ments.-Government Under the Articles of CoIn federation-.-Organization of the Federal Govern mient.............................................................144 64. Government otf the United States (continued).-The Executive Department.-The Different Seeretaries, and their Duties........................................... 147 6. Government of the United States (continued).-Leg islative Department...........................148 VI 0 PREFACE. The object of this work is to supply a want lotng felt and now fully recognized by the people. Books have been written on the science of government, which have gained admittance into our schools; and many of our youth have, in this way, gained much valuable information. They have learned some of the first lessons of civil government, and have been made acquainted with an outline of the government of the United States, but as yet they have not been supplied with that information concerning our own State government, and our own responsibilities and duties so important to enable us to act well our part as citizens. If the succeeding pages of this work shall serve to impart a knowledge of our civil jurisprudence, and of the framework and machinery of our State Government, if they shall furnish an insight into our political institutions, then surely it will inspire in the hearts of those who study, them a devotion to those institutions; and the more we know of them, the more shall we admire the wisdom and appreciate the statesmanship of the great and good men whose business it was to lay broad and deep the foundations upon which we, as a State, have built and are building. TO TEACHERS AND PUPILS. In preparing the following work, the author has consulted with a number of prominent educators in the State, as to the best.plan for presenting the matter contained therein. While all agree that it is desirable, in writing a text book, to employ such language as shall be comprehended by the youngest student, yet, on the whole, it is believed to be better in a work of this kind, to use ordinary language, and even.technical terms when such are used in the law books to which we have occasion to refer. These words and terms must, sooner or later, be comprehended; atid, in the judgment of the author, it would be unwise to attempt to exclude them. But, for the benefit of the younger students, it has been thought advisable to print all words, the definition or meaning of which it is conceived may not readily occur to them, in italics. The definition of all such words will be given in an ctpl-eitlix arranged in alphabetic order, and to which the student can easily refer. This refrence, it is believed, will tend to fix the definition in the memiory. Some objection has been made to the introduction of questions; and that upon the ground that they are often so suggestive of the answer as to enable the pupil to respond correctly, though he may not have fully mastered the text. All this is true when the questions are leading; but when this is avoided and the questions are so framed as to merely call attention to the subject under consideration, they serve a most valuable purpose. Those things which the author deems important, are thus suggested to the teacher, who, in too many instances, it is feared, would otherwise pass over important matter without proper consideration. CIVIL GOVERNSIEAmT. IFor the definition of words printed in italics, see appendix.] CHAPTER I. ,OF TIHE ORGANIZATION OF GOVERNMENT, AND TIlE EXERIICISE OF SOv'EREIGNT'. As the happiness of human beings depends largely upon the observance of certain rules or regulations in their relations with each other, and since some are unwilling to recognize and abide by these rules, it has been found necessary to exercise power to enforce obedience to, and ctcqutiesceo-ce in them. To enable the people to defend their rights and to do right and justice, they unite together in a bo(dy politic; and when the people are so united and have agreed upon certain rules by which they are to be governed, we spqak of such union, in its most enlarged sense, as a State. Bouvier defines a State as follows: "In its most enlarged sense, it signifies a self-sufficient body of persons united together in one conmunity for the defence of their rights and to do right and justice to Jo' e 7eides. In a more limited sense, a State means the territory occupied by the united body of people, as, the State of Michigan. CIVIL GOVERNIMENT. In many countries the rulers are sovereign; that is, they exercise control. authority and power as they see fit, regardless of the wishes or consent of the governed. But in this country no single individual has the right to exercise this power., Here the people choose their rulers, and, by written constitutions, define and limit their powers and duties. Sovereignty, the supreme or highest power among men, in this country, resides in the people. This power, however the people authorize their officers to exercise, and, having institute(i a government, they have agreed to submit to and abide by certain rules and regulations; have coniferred power upon their offiers to enforce obedence to such rules and regulations. Government is defined as, "the manner in which sovereignty is exercised in each State." In every State there is either some individual or body of men whose duty it is to see to the enforcement of the laws; and we sometimes refer to them as the government. Questions-What is said in regard to the happiness of human beings? What is a State, and for what purpose is it organized? Give Boavier's definition of a State. What is a sovereign? With whom does sovereign power reside in this country? Who exercises the power of sovereignty in this country? In what way and by what authority are the people required to submit to the power we call sovereignty? What is government? In what other sense do we sometimes use the word government? 10 CIVIL GOVERNIMENT. CHAPTER II. OF LAWS AND TtIEIR NECESSITY-RIGIClTS AND DUTIES. The rules of action adopted for the government of the people, are called laws. Hence a law is that which commands us what to do and forbids the things we are not to do. If we disobey the law we are to suffer punishment. The necessity of these rules or laws is apparent when we observe the natural inclination of individuals to do wrong; or to do those things from want of judgment which operate injuriously. The good of the individual requires that he observe certain rules. The child would often do those things that would endanger its person or its life if not restrained by parental authority, or would omit to do those things essential to its well being, unless compelled to do them. The pupil must observe the rules and regulations prescribed by the teacher, or he cannot expect to advance. -Laws are necessary to secure to us our rights and to protect us in the enjoyment of them. A right is a legal title or a just claim to anything. We have a right to life, a right to our earnings, and a right to act as we please, and to go where we please, provided we do not interfere with the rights of others. These rights however are subject to certain restrictions or limfitations and may be forfeited, or, when the public good requires it, may be taken from us. By violating the law we may forfeit our liberty and our property. If called up on to take up arms in behalf of the country, it is our duty to respo?d, and if needs be, to sttrren(lder our property and our lives. 11t CIV\1L GOVERNMIENT. As children are clepeecle,)t upon their parents, they owe them certain duties, not the least of which is obedience to their cortmadcls. So with the citizen dependent upon the State for the protection of himself and his property; he is bound to observe the rules prescribed for his conduct. Qutestions-What are hunman laws? What do these laws command and what do they forbid? What do we incur by the violation of law? How is the necessity of law apparent? What does the good of the individual require? Give some illustrations. For what are laws necessary? What is a right? Mention some of our rights. To what are these rights subject? How may we forfeit our liberty and property? What duty do we owe the country? State one of the grounds on which obedience is a duty. CHAPTER III. OF THE DIFFERENT FORMIS OF GOVERNiMENT-CONSTITUTIONS, AND THE PURPOSE TlHEY SERVE. Different forms of government prevail in different countries. In those countries where the power to govern and make the laws, is vested in one person, we call the government a monarchy. Where the great body of freemen assemble together to make the laws and to transact the business of the State, we call the government a democracy. Where the chief magistrate gets his power to rule by iii]heritance, but has no power to make the laws, we call the government a mixed government, or a limited monarchy. Such is the government of Great Britian. The laws are framed by Parliament and when approved by the monarch become operative. 12 . 0 _.. CIVIL GOVElRNMENT. Where the people enjoy common rights and privileges, we call the government a republic. Every State in the American Union is a republic. A pure democracy and our American Republic differs in this, that in the former, the citizens assemble in a body to make the-laws, while in the latter, the people choose rep)resentatives to act for them. Both are governments of the people and derive their powers from them. The form of government in each of the United States is represented by a written constitution. These constitutions are called the famental or political law. They are adopted as the acgreernent of the people-as the framework of the government-and lirnit the power of the various departments. Any act of the Legislature or of any officer of the State which co.ficts with any of the provisions of the constitution is invalid. Thus the people are protected against &actments and tus)]')atiof of power by their public servants.', c.. Questionts-Are the forms of government the same in all countries? What is a monarchy? What is a democracy? What is a mixed government or limited monarchy? What form of government has Great Brittain? What is a republic? What form of government have States of the American Union? Wherein consists the difference between a democracy and a republic? From whence do republics and democracies derive their power? By what are the forms of government represented in the several States of this Union? By what names are constitutions sometimes called? What is the object or purpose of constitutions? How do they protect the people? 13 CIVIL GOVERNMIENT. CHAPTER IV. OF THE TERRITORY OF MICHIGAN-ADl)MlISSION OF ILLINOIS AND MICHIGAN AS STATES OF THE UNION-DIFFICULTY BlETWEEN OHIO AND MICHIGAN. The Territory of Michigan was orfIcG,aized in 1805. For sometime previous to that date it had belonged to and formed a part of the Northwestern Territory, and the present State of Michigan formed a single county. The seat of government was at Chilicottee in the present State of Ohio. The Territory of Michigan then embraced all the country on the American side of the Detroit river, east of a north and south line drawn through the centre of Lake Michigan. In 1818 Illinois was admitted into the Union, and all the territory lying north of that State and Indiana, was annexed to Michigan. In 1836, Wisconsin, which formed a part of Michigan was organized as a separate Territory. Just prior to the admission of Michigan as a State, a dispute arose between the people of the Territory and the people of Ohio as to the boundary line between that State and this Territory. In 1835 the people of Michigan assemble(d in convention and framed a constitution for a State government, and petitioned Congress for admission into the Union, claiming as a part of her territory, the strip of country in dispute. Con gress however decided in favor of Ohio, and gave to Michigan, in lieu of the strip claimed along its southern border, about twenty-five thousand square miles of country, in what 14 CIVIL GOVERNMENT. is now know as the Upper Peninsula, and in 1837 admitted it as a State. Questbins-In what year was the Territory of Michigan organized? To what Territory had it belonged for sometime previous to that? Where was the seat of government? What did the Territory embrace when first organized? When was Illinois admitted into the Union? What Territory was annexed to Michigan in 1818? In what year was Wisconsin organized as a Territory? To what Territory did Wisconsin then belong? In what year was Michigan admitted into the Union as a State? What difficulty arose between the people of the Territory of Michigan and the people of Ohio in 1835, and how was it settled? How many square miles of territory was given to Michigan in lieu of that claimed on its southern border? 15 CI'VI L'GOVERN\MENT. CHAPTER V. OF THE SURVEY OF THiE PUBLIC LANDS-SUBDIVISIONS OF TOWNSHIPS AND SECTIONS. The lands embraced within the territorial limits of Michigan, had been surveyed by or under the direction of the Surveyor General of the United States, before the State was admitted into the Uniiion. The plan adopted in making this survey, was to draw two imaginary lines across the territory; one East and West, and the other North and South. The line running North and South was called the principal meridian, and the one running East and West was called the base line. The principal meridian commences on the South line of the State, between the counties of Hillsdale and Lenawee and extends to the Northern extremity of the State. The base line commences at a point in the Western boundary line of the State, between the Counties of Allegan and Van Buren, and extends East to the Eastern boundary of the State. In making the survey of Michigan, the territory was divided into townships six miles square, and these were subdivided into thirty-six sections, of a square mile each, the townships being numbered in regular order East and West of the meridian line, and North and South of the base line. Thus, where the meridian and base lines intersect and cross each other, the township next North of the base line, and next East of the meridian line would be called "township number one North, in ravage number one East," while the township next East of it would be, "township number two East, in range number one North." The following diaa will aid in explaining this: 16 CIVIL GOVERNIMENT. DIAGRAM SHOWING HOW TOWNSHIPS ARE NUNIBERED WITH REFERENCE TO THE MERIDIA.N AND BASE LINES. i 3 N. .___ _ __I_ 4W. I.- I 2 N. _ BASE I 2M. 2 W. 3W. -IF ___ ____________ I I LINE. c I I -S. >. E. ____~~~ ~ 2'E___ __ 3 S. I- [ I i; W 2S. 2 W. The sections contain six hundred and forty acres each, unless they are, as is sometimes the case, fractional. Sometimes a stream or a lake occupies a large portion of a quarter-section, and the part not so occupied we call "fractional." Sometimes in measuring the townships, the surveyors would, through the great difficulties they had to encounter in measuring the distances through the wilderness, swamps, and lakes, and over the hills, include a little too much territory, or perhaps not quite enough. In such case, when the townships were subdivid ed into sections, and the measurements were made with more care, the subdivisions on the North and West sides of the townships were made to contain whatever was left, more or less, so that all the other sections in the township should contain just six hundred and forty acres, each. The sections are numbered, commencing at the North-east I I I 17 I - 2N lEi , - 1. :4 CIV-IL GO'ER-EN-XET. corner of the townships, and for convenience, are subdivided into quarters; and we frequently see lands described as a quarter of a quarter. The following is a plan of a township, the subdivisions representing sections: 6 5 4 3 1 11 1 17 16 15 1 4 13 l i _ 19 20 21 2 2 3 3!) 29 28 27 26 31 032 33 34 35 Tile United States government gave to Michigan, section sixteen, in every township, of the public lands, for the use of schools, and in addition thereto, seventy-two sections for the support of the State University. 18 18 24 25 I'D) 6 CIVIL (0OVERNM-ENT. DIA(GRAM OF A Sl-CTf(XN, SUi1DI)I[D)ED. N. N. W. 4 Sec. 1. 1,()} a-cres. E..LN.E 4 Sec. 1. 80() acres. N. W. l S.E..1 Sec. 1. 40 acres. S. Qttestoits-i-What two lines were adopted as a basis for surveying the Territory of Michigan? How was the Territory divided? How many miles square are the townships of Michigan? In what way are the Townships designated? Will you make a diagram explaining this? How are the townships subdivided? How many sections are thei e in a township? How are they numbered and designated? Will you make a diagram explaining this? How many acres are there in a full section? How are the sections subdivided? Are these subdivisions always uniformi? In what way are some of the subdivisions made fractional? Will you illustrate the subdivisions of sections by a diagram? What is said of a grant from the United States of certain lands to this State? 19 I I I I CIVIL (';OVEFRNMENIT. CHAPTER VI. (GOVERXMIENT OF MIICHIGAN-DIVISIONS OF TIIE POWERS OF GOVERNMAIENT. The powers of Government are divided into three departments: the Legislative, Executive and Judicial. The Legislative department is that which enacts the laws for the government of the people, and its power is vested in a Senate and House of Representatives. The Senate has thirtytwo members and the House of Representatives has one hundred members. These officers are elected by the people, from districts into which the State is divided, and hold their offices for two years. The Executive department of the Government is vested in a Governor, who is assisted by such other officers as are necessary to carry out and execute the laws. Indeed, it is the business of this department to see to it that the laws are carried into effect. The judicial department is that which administers justice according to the laws, and is composed of the different Courts of Justice. The Judges and Justices of the Peace are Judicial officers. Questions-Into how many departments are the powers of government divided? Name them. What is the Legislative department? How many members are there in each house? How are such members selected? How long do they hold their terms of office? In hom is the Executive department vested? What is the special duty of this department? What is the Judicial department? Of what officers is this department composed 2_0) ;C[V[L GOVERNMENT. CHAPTER VII. ELEUT[ON OF STATE, COUNTY AND-) TOWNS-ITP OFFI(CEIR. In order that the g(roveininent lmay be a-iiste(e, it is necessary that ojficers should be elected for that purpose. As the duties of some of these officers pertain to the whole State, we call them State officers; those whose duties are limited to the county, we call county officers; and those whose duties are limited to, and pertaciz to the governmenlt of the townships, cities and villages, we call township, city or village officers, as the case may be. Once in two years, on the Tuesday succeeding the first Monday in November, a general election is held throughout the State, at which the people choose, by ballot, their Governor, Lieutenant-Governor, Secretary of State, Superintendent of Public Instruction, State Treasurer, Commissioner of the Land Office, Members of the State Board of Education, Auditor General, Attorney General, members of the Legislature and Representatives in Congress, Sheriff, County Clerk, County Treasurer, Register of Deeds, Prosecuting Attorney and Circuit Court Commissioners; and once in four- years, in addition to these, a Probate Judge and ETectors of President and Vice President of the United States. The State is divided into ~o'tdistricts, for the election of Representatives in Congress. On the first Monday in April, of each year, in each or_ ganlized township, the people elect a Supervisor, a Justice of the Peace, a Township Clerk, a Commissioner of Highways, a Township Treasurer, a School Inspector, not exceeding 2 21 CIVIL GOVERNMAIENT. four Constables, and one overseer of highways for each highway district. Judges of the Supreme and Circuit Courts and Regents of the State University are also elected at the April elections. In addition to these, elections are held in cities and villages, of officers to discharge the duties required of them under the charter and by-laws of such city or village. Questions-In treating of the officers required to carry on the government, under what general cl assfication do we refer to them? At what time is tha general election for the State and county officers held? Name the officers elected at the general election. Into how many districts is the State divided for the election of Representatives in Congress? At what time are towniship officers elected? Name the township officers. What other officers are elected at the spring election? CHAPTER VIII. QUALIFICATlONS OF ELECTORS —NATURALIZATION OF FOR EIGNERS. Persons who have the right to makle choice of public officers, and to vote, are called electors. In all elections, every male citizen, every miale inhabitant residing in the State, on the twenty-fourth day of June, 1835; every male inhabitant residing in the State, on the first day of January, 1850, who has declared his intention to become a citizen of the United States, pursuant to the laws thereof, six months peceedini1 an election, or who has resi(lecl in the State two years and six months, and declared his intention as afores(ai(, and every civilize(I male i?ncUbitaite of Indian descent, a ,latice of the United States and not a member of any tribe, 22 ...W.. CIVIL COVERN,MENT. shall be an elector and entitled to vote; but no citizen or inhabitant shall be an elector or entitled to vote at any election unless he shall be above the age of twenty-one years, and have resided in this State three months, and in the township or ward in which he offers to vote ten days next preceeding such election. The righlt to vote is called the ri(Iht of sufJi'aye. Persons born in other countries are called alic)s; and to become citizens must be naturalized. To accomplish this, the person desiring to become a citizen must go before the Court or the clerk thereof, two years before he can be admitted as a citizen and declare, on oath, in writing, that hlie intends to become a citizen of the United States, and to re2?otnce his allegiyaice to his former government; and hle must declare on oath that he will support the constitution of the United States. Then, two years thereafter, the Court, if satisfied as to his mioral character, and that he has resided in the United States for five years, and in the State or Territory where the Court is held, for one year, may admit him as a citizen. Quzestion —Who are electors? Who are electors in Michigan? What is an alien? How may aliens become citizens and electors? 23 CL'VIL GOVERNIME ENT. CHAPTER IX. ELECTIONS- ItOW CON'-)UCTEI)D- CIIALI,ENGE OF IPEITSONS OF FERIN-G TO N-O'T'. At the general election, the supcervisor, the justice of the peace, whose term of office will first expire, and the township clerk of each township, and the assessor and alderman of each ward in a city, or if in any city there be not an assessor in every ward, then the two aldermen of each ward shall be the inspectors of election. These officers constitute a Board. The township clerk, assisted by some other person, acts as clerk of the election. He provides a box with an opening in the lid, through which each ballot received must be igsette(l, and keeps two lists of the names of all persons voting at the election. The ballot consists of a paper ticket on which is written or printed the names of the persons for whom the voter intends to vote, and the offices to which the persons named on the ballot are intended to be chosen. The person offering to vote delivers his ballot to one of the inspectors, in the presence of the Board. The inspectors or any elector qualified to vote at the election, may challenge any person offering to vote; that is, may object to such person voting, on the ground that he has not the legal qualifications entitling him to vote. When such a challenge is made, one of the inspectors administers an oath or affirmation to the person challenged, and if such person shall swear or affirm that he is qualified, his vote must be received. The form of the oath, or affirmation, must be such as to contain the grounds of the voter's qualification. Thus, if 2~4 CIVIL GOVERNMAIENT. he is a citizen of the United States, is twenty-one years of age, and has resided in the State and township or ward during the time required by law, the form of the oath is: "You do solemnly swear [or affirm] that you are twentyone years of age, that you are a citizen of the United States, that you have residled in this State three mnonths next preceeding this day, and in the township (or ward, as the case be,) ten days next preceeding this (lay, and that you have not voted at this election." Qqestion.s-What officers co,Jstitute the inspectors of election? Who acts as clerk of the election? What is the clerk required to provide and to do in relation to the election? VWhat is a ballot? In what way do electors vote? What is meant by challenging a person who offers to vote? In what way do the inspectors dcterti,ie whether a person challenged is qualified to vote? CHAPTER X. OF ELECTIONS, CONTINUED-CANVASS OF VOTES AND RE TURN OF STATEMENTS. When the polls are closed, the ballots are examined and a statement of the result is prepared in (tuplicate, and certified to by the inspectors. One of these statements is flled with the township or city clerk, and the other is delivered to one of the inspectors (lesig#iate(I by the Board, to attend the county canvass, to be delivered to the county clerk. The inspectors from the different towns in the county, meet at the office of the county clerk, on Tuesday next after the election, and organize themselves into a Board of Canvassers, and proceed to examine the statements sent from the inspectors. 25 . I CIVIL (GOV'ERNMENT. Sometimes a county has more than one Senatorial or Representative district. In such case each district has a Board of Canvassers, so far as the canvass relates to Senators and Representatives, consisting of the inspectors representing the towns in such districts. The County Canvassers are required to make a separate statement, containing the whole number of votes given in such county for the State officers, and the names of the persons to whom such votes were given, and the number of votes given to each; another, of the votes given for Representative in Congress. Copies of these statements are sent to the Governor, Secretary of State, and State Treasurer; and the result of the canvass for members of the Legislature is certified to, and delivered to the persons elected. Q uest8iz, —Wlhen the polls are closed, how are the votes canvassed? Who constitute the Board of County CanIvassers? Whiat are their duties? State how the votes are cinvassed for Senato)rs and,ep)retentatives where the district is less than a -whole couilty. To what persons are the results of the cauvtIss se,it'H e * CHAPTER XI. OF ELECTIONS, CONTINUED. In each election district, for the election of a Senator or Representative, where, in elections for county officers or members of the Legislature, two or more persots receive anl equal number of votes for the same office, as many stiips of papers as there are such persons; on one of the strii)s is written the word "Elected," and on the others " Not Elected," 26 CI YIL GOVERN.MENT. These are placed in a box and each of the aforesaid persons draw one of the slips therefrom, and the person drawing the slip on whichll is the word " Elected," is deemed elected to the office in question. In each election district, of a Senator or Representative, in the State Legislaturie, the limits of which are greater than those of a county, there is a board of district canvassers, composed of the clerks of the several counties within the district, the Judge of Probate and the Sheiiff of the county in which the meetings of the Board tare held. The result of their (canvass is filed with the clerk of the county where their meeting is held, and such clerk sends a copy thereof to the Secretary of State, and another copy to the person elected. The Secretary of State, the State Treasurer, and the Commiissioner of the State Land Office constitute the Board of State Canvassers. These canvassers determinie hfom the returns sent by the counity clerks, who iare elected State officers and Rel)presentatives in Congiless, to wahom the Secretary of State sends certificates of election. They also determine who are elected Electors of Presidenit and Vice President. The Legislature somietiimes pro;oses amendrmenrts to the constitution, ort passes a ballnking law or sonie aluendinent; all of which are submitted to the people, who at the general election vote thereon. The State canvassers deteiimiine the vote of the people, on sueli measures. Q(eafestio)t.s —In the election of c)iintv (.fficelrs and itemb)ers of the Leg islature, what course is pirstued UheLn two or more perisonl receives an equal nunibt)er of votes for the s,E e ffice? W1ho con,lpose the board of canvassers, Twhere the litiits of the Senatorial and ],epresentative districts are greater thanr a couity t? What dislpoition is made with the statement of the result of the cainv,ss in such cases?'What ( ffice:s constitute the Board of State Canvaws.eis? What are their duties? 27 (;'IVIL GOVER NiENT. CHIAPTER XII. HOW TIlE P{E.ISIDENT ANI) VICE PRE.S[DLNT OF TIlE UNITED STATES ARE ELECETED. The people do not vote directly for President and Vice President of the United States, but the voters of each State choose a number of men equal to the number of Senators and Representatives to which it is entitled in Congress. These are called Presidential Electors. The State of Michigan is entitled to two Senators anld w'o Representatives in Congress. Hence we choose t ~lectors. These Electors conven e at the State Capitol, on the first Wednesday of December, next after the election, and vote for President and Vice President, and make a list of the persons voted for, and the number of votes for each, which is sent to the President of the United States Senate. On the second Wednesday of February, the President of the Senate, in the presence of all the Senators and Representatives, opens all the certificates, and the votes are counted. The persons having a majority of all the Electorial votes for President and Vice President are declared elected. In case a person receives a pl?btality of the Electorial votes for President, but not a majority, the House of Representatives elects a President. Suppose there are three candidates for the office, and that of the 359 electoral votes, one candidate should receive 150 votes, another 130 votes and the other 79. Now, a majority of 359 cannot be less than 180(); consequently neither would be elected. In such case the House of Representatives would elect a President, the members of each State voting by 28 CIVIL GOVERN-MENT. themselves, and the candidate receiving a majority of the Representatives of a State, has one vote for such majority; that is, there are as many Presidential votes as there are States, and the person who receives the votes of a majority of the States is elected. If the Electors fail to elect a Vice President, the Senate, in a body, chooses one from the two having the highest number of Electoral votes. Questions-How do people vote for President and Vice President of the United States? To how muany Presidential Electors is the State of Michigan entitled? What is done with the statement of the vote of the electors? When and where is the vote of the various States counted and the result declared? In case no person receives a majority of all the votes cast for President, how is the President elected? What is the difference between a plurality and a majority? In case the Electors fail to elect a Vice President, how is that officer elected? 29 CIVfL GOVNERNSfENT. CHAPTER XIII. OF THE LEGISLATIVE DEPARTMENT-ITS POWERS AND DUTIES. We have already seen how Senators and Representatives in the State Legislature are elected. The Legislative power is vested in a Senate and House of Representatives. Senators and Representatives must be citizens of the United States, and qualified electors in the respective Counties and Districts which they represent. The Legislature meets every two years, at the State Capitol at Lansing, on the first Wednesday in January. The room in which the Senators meet is called the Senate Chamber, and the room in which the Representatives meet is called the Representative Hall. Every Senator and every Representative takes an oceth to support the Constitution of the United States, and the Constitution of the State of Michigan, and that he will faithfully discharge the duties of his office, according to the best of his ability. A majority of each House constitutes a qor. Each House determines the rules of its proceedings, and judges of the qualifications, elections and returns of its members. Each House keeps a journal of its proceedilngs and publishes the same, except such parts as may require secrecy. The yeas and rnay)s, that is, the way in which members vote on any question, must be entered on the journal, at the request of one-fifth of thie members elected. The House of Representatives chooses one of its members to preside over it, who is CIVIL GOVERNMENT. called a Speaker. The Lieutenant-Governor is the presiding officer in the Senate, and is called a President. The presiding officer preserves order, and sees that the business of the House is properly attended to. When a question is to be decided, the presiding officer " puts it to vote;" that is, requests the members to express their judgment in favor of or against the measure. Those who favor the measure, say, " (eye;" those who oppose it, say " lo." Tile officers of the Senate consist of a President, Secretary, Assistant Secretary, Sergeant-at-Arms, Assistant Sergeant-at-Arms, Engrossing and Enrolling Clerk, Assistant Engrossin-g and Enrolling Clerk, Janitors, Clerks of Committees, and Messengers. The officers of the House of Representatives, consist of a Speaker, Clerk, Corresponding Clerk, Journal Clerk, Engrossing and Enrolling Clerk, Assistant Engrossing and Enrolling Clerk, Clerks of Committees, Sergeant-at-Armns, Assistant, Sergeant-at-Armns, Postmnaster, Fireman, Assistant Fireman, Keeper of the Cloak Room, and Messengers. Qtte,'ttitis-In what )oi.ies is the Legislative power vested? What are the qualifications of n imbers of the Legilatture? At what times does the Legislature nmeet? Namie the Roonis iu which the two Hlouses rneet. What oath do imemnbers taklie? What h)o]y fixes the rules governing the Legislatuire and determiines the qualifications of its nienl)er? What record is kept by the Legislature? What officers preside over the Legislature? What are the duties of the presiding officers? Namue the officers of the Senate. Naime the officers of the House. 31 C1 VIL GOVERNINME NT. *CHAPTER XIV. OF TIlE ENACTMiENT OF LAW,. When the two Houses are organized and ready for business, the Governor presents to them his message. This is a written statement of the condition of the State, and calls attention to stlch subjects as the Governor thinks need legislation. The presiding officers of the respective Houses appoint committees, to whom are referred the different subjects presented for the consideration of the Legislature. These committees consider and report upon the matters referred to them. In the Senate there are now thirty-ninte of these committees, and in the House, forty. Were it not for these committees it would be almost inmpossible to transact all the business presented to the Legislature. Some measures are presented by the Governor and others by the members. Tihe people sometimes want a law passed, and proeure a paper to be drawn up, containingc their wishes, which is called a petition, and send it to the Legislature. Now suppose this petition askls the Le-islature to pass a law in regard to Education; the petition is referred to the Committee on education. If the petition relates to insurance, it is referred to the Committee on Insurance, and so on. Sometimes members or others, draw up bills which they desire to have passed by the Legislature. A bill is a draft of a proposed law; or it may be defined as "an instrument presented to a legislative body for its approbation, and enactment."'lhese bills are referred to the appropriate committees. If the bills so referred are considered proper and 32 (l.! (;O\'ER-N'!ENT. necessariy, the conimmittee report in favor of themi anrid iecoinmmetnd that they be passed-that is, enacted into a law. Tlese conmmnittees fie(luently draft bills and rel)port them to the }!outise. If a committee reports agaitnst a mneasure referred to tlhem, the IHouse generally colncurs with thleir recoinmneid(ltionl a(nd dismisses the subje(ct. If a incmbei of either house desires the passage of a law, he gives -notice that on some future day hlie will ask leave to introduce,a bill For that pupl)ose. But in all cases, at least one d(azs notice itu.st be given of his intention to ask such leave. It is niot deemed necessary to state here all the particular forms thriough whilch a bill must pass before it canl become a law. It is perhaps sufficient to say that, after it has been discussed and amended, a final vote is taken on the question: "Shall the bill passe" If a majority of the membeis vote aye," it is passed; if not, it is lost. WVhen a bill is passed by one house, it is sent to the other, where it is duly considered and voted upon. If it passes that house, without amendment, it is sent to the.Govelrnor for his approval; and if he approves it he attaches his si#gnatft)e and it becomes a law. If a bill is amended in the second house, it is sent back to the house where it originated; and when both houses finally agree, the bill is sent to the Governor. If the Governor does not approve the bill, he declines to sign it and returns it with his reasons for withholding his app)roval, to the house where it originated. This act of the Governor is called his veto, which is a Latin word, meaning, IJof bi(l. Notwithstanding the veto, if two-thirds of the menmbers of both houses shall, thereafter, approve the bill, it becomes a law. If any bill be not returned by the Governor within ten 3.3 CIVIL GOVERN-MENT. days, Sundays excepted, after it has been presented to him, it becomes a law, as if hlie had sig(ned it, unless the Legislature, by their adjournment, prevent its return; in which case it does not become a law. The Governor may approve, sign, and file in the office of the Secretary of State, within five days after the adjournment of the Legislature, any act passed during the last five days of the session: and the same thereupon becomes a law. The Legislature elect United States Senators. Each State is entitled to two Senators, who hold their term of office for six years: Questions-When the two houses of the Legislature are organized, what duty does the Governor perform? What is said of the appointment of committees? How many committees has the Senate? How many committee3 has the House of Representatives? What are the duties of these committees? What is a bill? When a bill is introduced, what course is usually pursued with reference to it? In case a member wishes to introduce a bill what does he do? When a bill is passed in one house, what is done with it? How can a bill become a law when the Governor refuses to approve it? State what becomes of a bill if not returned by the Governor within ten days from the time it is presented to him. In case of an adjournment before all the bills passed have been returned by the Governor, how may they become effectual as laws? What members of Congress do~ the Legislature elect? What is the salary of members? 34 CIVIL GOVERNMENT. CHAPTER XV. EXECUTIVE DEPARTMIENT-DUTIES OF THE GOVERNOR AN), OTHER OFFICERS. The Executive department is vested in the Governor, who, in the discharge of his duties, is assisted by a number Of stbordlinate officers. A person to be eligible to the office of Governor or Lieutenant-Governor, must have been a citizen of the United States for at least five years, and a resident of this State t~o years next preceeding his election, and must be thirty years of age or upwards The Governor and Lieutenant-Governor are elected for two years. The Governor is Commander-in-Chief of the military and naval forces of the State, and may call out such forces to execute the laws, to suppress insurrections, and to repel invasions. He transacts all necessary business for the State with the officers of the government. He may convene the Legislature on extraordinar y occasions. He informs the Legislature of such measures as he deems _ 7. He may grant reprieves, commutations, and pardons for all offences except trecson) and cases of irtpeac] ~~eit. If a person has been found guilty of an offence and is sentenced to be punished, the Governor has power to postpone or put off the time when the punishment shall commence. This is called a reprieve. If he should set the person free and discharge him from punishment, this would be called a pards. 35 CIV[L GOVERXNMENT. By c,mttti is meant the change of a punishment to which a person has been condemned, into a less severe one. The Lieutenrant-Goveinor, is, by virtue of his office, President of the Senate, and in case of the impeachment of the Governor, his removal fromn office, death, inability, resignation, or absence fromn the State, the duties of the office devolve upon the Lieutenant Governor. The Secretary of State is an executive officer. It is his duty to countersign all commissions issued by the Governor. The original acts of the legislature are deposited with him. He is to furnish laws for publication; to distribute the statutes; to give notice of vacancies to be filled at a general election; to record statements of votes transmitted by county clerks, and the statement of State Canvassers; to issue certificates of election to United States Senators; to record deeds and other evidences of title in the State; to cotettersign State bonds and certificates, and to discharge many other duties prescribed by law. Questions-In whom is the executive department vested? WVhat are the qualifications of Governor? For how long a term are Governor and Lieutenant Governor elected? What is the Governor's relation to the military and naval forces of the State? Enumerate other powers and duties of the Governor. What is a Reprieve? Pardon? Commutation? What are some of the duties of Lieutenant-Governor? Mention some of the duties of Secretary of State. 36 C[VIL GOVERNMENT. CHAPTER XVI. OF STATE OFFICERS AND TI{E[R DUTIES, CONTINUED-AUDITOR GENERIL-STATE TREASURER-COMI:IISSIONER OF THE LAND OFFICE-SUP'EfRlLTENDEENT OF PUBLIC INSTRUCTION -tTTOR NEY GENERAL. The Auditor General may be called an executive officer. Among the many duties he is required to perform, the following may be mentioned: He is to state accounts and liquidate claims against the State; to adjust claims in favor of the State; to keep accounts between the Treasurer and the State; to report to the Legislature upon the funds of the State; to estimate and charge speciflc tax on corporations, and to issue warrants for the collection thereof; to apportion the State tax, and to make out and transmit to the clerks of boards of Supervisors statements of amounts apportioned to counties. The State Treasurer has charge of the public moneys that are paid into the State Treasury. It is his duty to make a report to the Legislature, embracing a statement of the balance in the Treasury to the credit of the State, with a summary of the receipts and payments made by the Treasury. The Commissioner of the State Land Office has-the general charge of all lands belonging to the State, or in which it has an interest; and he is authorized to lease, sell and dispose of the same in the manner prescribed by law. The Superintendent of Public Instruction has the general supervision of public instruction in the State, and of the State Reform School. It is his duty to transmit to the Governor, to be by him transmitted to the Legislature, a report containing, 3 37 CIVIL GOVERNMENT. _Fivst.-A statement of the condition of the University and of all incorporated literary institutions and primary schools; Secoid.-Estimates and amounts of expenditures of the school moneys; Thirs(.-Plans for the improvement and management of all educational funds, and for the better organization of the educational system, if, in his opinion, the same be required; FotiUth.-The condition of the Normal School; F?fth.-The annual reports and accompanying documents, as far as he shall deem the same of sufficient public interest, of the Board of Control of the State Reform School. He is required to publish the school laws, and to furnish necessary forms for conducting proceedings under such laws; to apportion the school fund, and to do many other acts provided for by law. The Attorney General is the law-officer of the State The following are some of his duties: He is to prosecute and defend for the State, in actions in the Supreme Court, and in other courts, when directed so to do by the Governor or the Legislature; to prosecute and defend suits on request of State officers; to consult with and advise prosecuting attorneys; to appear for the State before State Auditors. Q?testi6ns-Mention some of the duties of Auditor General. Of the Commissioner of the State Land Office. Of Superintendent of Public Instruction. Of the Attorney General. 38 CIVIL GOVER5IXENT. CHAPTER XVII. OF STATE BO RD,S AND CONMMISSIONERS. The word Bo(ard( is used to designate a body of persons whose duty it is to manage or control some institution, or to discharge certain s)ecic duties. Provision has been made by law for the establishment of various Boards, to discharge duties in which the people of the whole State are more or less interested. It is frequently the ease that for the discharge of particular duties, a single person is employed, called a Commissioner. If two or more are employed, we refer to them as a Board, or Board of Commissioners. Some of these Commissioners are appointed by the Governor, others are elected by the people, while some of them are designated by name, in the law creating the office and prescribing the duties thereof. The various State Boards are, with few exceptions, composed of State officers, who, in addition to their other duties, are required by law to act together in managing and controling certain public interests. Some of these Boards are appointed by the Governor. Among the various Boards provided for by law, we may mention, the Boatrd of Ag-iculture, which has charge of the Agricultural College and its interests; the Board of Canvassers, established to examine the statements received by the Secretary of State for State officers, Representatives in Congress and Presidential Electors; the Board of Control for the Reform School for i?.veitile offenders; the Board of Control, to have the charge of the canals in the Upper Peninsula; the Board to take charge of lands given to the State by Congress, for railroads; the Board to have the 39 CIVIL GOVERNMENT. charge of the State Public School at Coldwater; the Board of Edu(cation, to have charge of the State Normal School; the Board of Equalization, to see that the money or tax to be raisedl for State purposes is fairly and eTuit(tbly levied throughout the State; the Board of Regents, who are elected by the people, and who have charge of the State University; the Board of S'ate Auditors, whose duty it is to examine and act(jtst claims against the State; the Board of BEscteats, to take charge of the property, for the State, of those who die without a will and without heits; the State Military Board, to audit claims of a military character; the Boards having the conltrol of our Asylums. Among the many Commissioners employed to discharge public duties in this State, we mnay mention, Commissioners to make settlement, on the division of counties; to examine securities of insurance companies, and to see that they comply with the provisions of law; to procure information and statistics relative to the scientific treatment and cure of the victims of intemperance; to see that railroad companies comply with the laws, rules and regulations established for their management. For the benefit of those who desire a more particular statement, concerning the various State Boards anid their duties, a note is appended to this chapter. Questiot,s-What is meant by the word Boattrd, as used in this lesson? For what purpose are Boards established? Who generally constitute the State Boards? Mention some of the State Boards, and their dnties. Mention some of the Commissioners and their duties. NOTE A. The State Board of A griculture consists of six members, besides the Governor of the State, and the President of the State Agriculturtal College, who are: by virtue of their office, members of the Board. Tile members of this Board are appointed by the Governor. They meet quarterly at the State Agricultural College at Lansirng; they have the general control of the Agricultural College, the farm pertaining thereto, and of the lands belonging to the College, and of all appropriations made therefor. The Secretary of the Board is paid a 40 CIVIL GCOVERN 3ENT. salary of one thouisanid dollars per annumr. He is reIquired to keel) a recorl of thle transactions of the Board; to encotlrage suich domestic industry aniil house hold arts as are calciilated to promote the gen(ral thrift, sveallli and resources of thle State; tlie fluiniation ofagricultural societies, thie impoctation of improved breeds of horses, cattle, slieepl, liogs and other animals, an,l to procure ant(l d(listtibutite seeds, pllants, trees atnd shrubbery. The Secretary of State, the Sta.te Treasurer tid Commissioier of tlie State Land O.Tice, constitite a Ba-,rd o)f State Cinlvassers. It is thle duity ot thlis Board to exisaine the statemenyts received by th( Se retlry of StLte, of the votes given in the sevetl collities, and( make a st:ttemelt of t!e votei giv(' f;r tlt,, Sthte offictes, Repreenll tives in Cotigress, Pre.silential Electors ail le v oles give s fbr constitutiosl aielients, l il rela tion to bankitJg latws. Thle (,overnor, Secrty of Stat, Au ditor General, State Treasure,r, Attornf,y General and C ofrtissioer oftthe Sit l.tiitl Oflce, constitute a Boardl of Collitrol tfr thle reclaniation of swvtrnp lands by mn of State o s and ditches. Tlle I esislattire lhviitig mide provision for the drainage of certai sa mp la nds belonging to the Stlte,.y the construction of roads with proper ditchles anl d dains, at the exl)perise of the State, the loard if Control was organize(] to direct and control sthell work. Board of Cotitrul for the Ref)orn Scl hol.-A Hoiste,f Correctioii, knownll as tle Reforni School, for tlhe correction of offenders itlder sixteei yeats of hg,', is liected at Lansing. This institution is uinder tlhe control and sulpervision of a Board consistinig of thr-ee persons appointed by tile Governor. About twentty years ago, (1851l-5) a shiip ettlal w.is constructeld it Sanilt Ste. Mary's, to fceilitate the pa-sage of vessels going to anll returnitig fromn Lake Superior. This canal is under State control, and a Board, consisting of thle Governor, State Treasurer and AuditorGeneral, has been created by law, to have charge of this pitlulic improvement. Thle Govelnor appoints a Supl)rintendent who has the immeliate charge of the canal, ani who collects lolls from vessels passinig thironl,l It. On the third (lay of.Jute, 18S;, Congrless granted to this State alarge quantitity of lands for railroad lpurloses. A Board to m.lnage andl disiose of 1al la(nds aplirl,iriatedl for the construction of railroads, and to do any and all other acts necessary ard proper resptecting the construction of said railroads, which imay be prescribed by law, consisting of the Governo and six Commissioners appointed by him, has been provided for. In 1871, the Legislature provided for the estabish-nent of a School f,r ilee ndett and neglected children. Tils school has been established at Coldwat,r, atii is undelr the management of a Board, consistitig of three persons appointed by the Governor, calieil a Blo:ird of Control of the State Public School. A State Nor;a,tl Scho)ol has l1)en est.tblishled at Ypsilanti, for the instrictioli of persons both mrale an,l feritale, in the art of teaching. Also to give instrldctiot ill tii,' meichianical arts, and in tlhe arts of hlus)bandry and agricultural chemistry; in the itudatnle1t;tl laws of thl,e United. States, and witll regaril to the rghlts and duities of citizenis. T'ls sliool is under the control ofa Boarl of Education, consisting of three persons, elected l,y the ieotple, in addition to tile Superintendetit of Public Instrtuction, who is a inenmbr andll Scrletairy of thle Bloard. State Board of Equalization.-For the purpose of raising money to suippoit thle Governmenit, a levy is male upon all the property of the State, and a certain per cent. of its value is 41 C.I-IL (GOIVESNIMENT. requtired to b,e paid. For this l)ur)oo, thle lai-ls and personal lproperty of all tllt, teople are appraised, atid tlis appraisal is certified to, atid sent to thie Auditor Gen,i,rtl l,y the clerks of the ditlerent counties. I:t order that the nioneye or t.tax to be raised f')r thle State may 1)be levied upl)on all the pr,)perty of ttte ittte fairly atd eqtlitlbly, a lotrl of Equali zation has been established, cotisistitg of thle lieltetatt-G,vs-rtor Aitditor General, Secretary of State, State Treasurer, and Cotimmission(ir ot' the Lani( Office. It is tle dutty of thlis Board to examitie the statenments sent to them, from thle diflferet (,counties, ai,d to determin)e whlethler the relative valuation between the severttal coilunties is equal and utiform, according to location, soil. improvenletts, po(iucti,rns and inanitifactures, a.d whether the personal estates have been uniformly estietatedl. If they are tound to be telatively unequal, they eijualize thenm by adding to or deduietitng from the atggrega;te valuation of taxable real and )personal estate i! such county or counties, suth perc(ntage as will produce relative equal and uniform valuations between the several counties in thie State. The State Tieasurer, Auditor Gineral, ad SecrIetary of State, constitute the ltoard of Fund Comrttissioners. Tile statute creating this Board, makes it their duty, when there is more money in tihe treasury than is nicessary to pay the current expenses of thIe State, and the interest ot its indetbtedness, to pay a portion ot the principal inletiteilness. A more recent statute, lhowever, confers powe,'i upon the Treasurer to make payment upon the indebted' ness of the State, Iwhenever he shall have a osufelus ol money. The G,,veri,or, Sutperintendent of Pitblic Itistriiction and tlre President of the State Board of Education, constitute a Board of Geological Survey. Toey have control of the geological survey of the State, arnd tor that pitrpose,,nay, frotn time to itrie, appoint such person or persons to assist in making such survey as may be deemed necessary. For the ma.nagement and control of the State University, eight Regents are elected by the p,-ople, wvio have powe, to enact ortlin.ainces, by-laws, and regulations for the g(vernmelnt of thle University; to elect a president, to fix, increase and reduce the regultr numnber of professors and tut,os. and to ali,loint hl, arie, and to determine the amoiunt of their salaries, and to do such otlher busitess ais may be lccesfary tor the mianagenment and control of the University. The Board of Comnlissioners for the general supervision of pentl, lpaiper and reformatory institutions, consists of three members appointed by the Governor. It is their duty to visit the city and county poorhouses, county jails, Reform School, State Pi ison, Detroit House of Correction, State and County Asylums for the insane, and the deaf, dumb and blind, to ascertain the condition of such institutions, and how they are conducted and managed. They are to report to the Governor the result of their investigations. They are also to report to the Governor such changes in the tl,enal and criminal laws and the laws concernilig these institutions, ias they think are proper. The Governlor may appoint one or more females to visit the institutions above referred to, and inivestigate the treatment and provision made for women and children. The Secretary of State, State Treasurer, and Comnmissioner of the Stite Land Office, constitute the Board of State Auditors. It is th,-ir duty to exantine and adjust all clainms against the State, not otherwise provided for by general law. The Board of State Swamp Land Road Commissioners consists of two memnbere, appointed by the Governor. These Commissionsers sul,erintetnd thie letting of all contracts upon State swamp land roads, or reject contracts made ty the local commissioners. ThIey are to ihspec 42 CIVIL GOVERNMENT. .t*e work of contractors on the swamp roads, to examine into all trespasses on swamp lands of the State, and to prosecute therefor and collect damages for such trespasses. The Board of Commissioners are to report to the Board of Control, and in some respects are subordinate to them. Whenever any person dies without having made a Swill, and withoutt any legal heirs, the property of such person is escheated to the State. Escheat means a thing fallen to. Thus, when there is no relative to take the property of cne who dies, his property fistlls to the State, or is eschleated to the State. The Autditor General, State Treasurer and Secretary of State, constitute a Board of Trustees to take charge and dispose of, for the State, all such property. The Superintendent of Public Instruction appoints, every two years, two persons as a Board of Visitors whose duty it is to make personal examination into the state and condition of the University in all its departmnents and branches, at least once in each year, and to report the result to the Suiperintendent, suggesting such improvements as they may deem important. The Board of Eiducation appoint a sinmilar Board, consisting of three persons, to examine into the affairs of the Normal School, and to report to the Superintendelnt. A ship canal has been constructed across Keweenaw Point, in the Uf por Peninsula, from Portage Lake to Lake Superior, known as the Portage Lake and Lako Superior Ship Canal; and by law, the Governor, Auditor Getseral, aisd State Treasurer, are constituted a Board of Control to establish and regulate tolls on the canal, and to make suitable rules and regulations regarding the care and improvement of the same, and to appoint a Superintendent to have charge of it. The Board of Fish Comtuissionsers consists of two persons apl)oisited by the Governor. It i s the duty of the Board to s-p)ervise generally the fishing interests, and secure the enforcement of all laws relsstinsg to the protection of fish and fisheries in the State. They are to establish a State fishl-breeding establislstssent, for the a-ti/icial prol)aopgatioi and cultivation of fish; and to appoint a Superinterident to take charge of the raising of fish at the fishery. The State Mlilitary Board consists of the Inspector Gensersl and two persons appointed by the Governor, who hold their office for two years. This board is an advisory bodly to the Commander-in-Clsief. It is their duty to audit all claitms of a imilitary character against the State, and to make rules and regulations for the government of thle State troops. The Board of Ttustees of the Mictigats Asylutm for the Insane, and als, the Board of Trustees of the Michigan Asylunm for the Deaf, Dumb and Blind; consists cf three persons each appointed by the Goverinor. The,se institutions aisd the property thereof, are under the con - .trol of these Trustees. 4103 CIVIL GOVERNMENT CHAPTER XVIII. OF COUNTIES AND COUNTY OFFICERS. As it would be impossible for the State officers whose duties we have considered, to transact all the public business necessary for the people, the State has been subdivided into smaller portions of territory, each of which has a government, not inconsistent with that of the State. Of these subdivisions, the largest, for the purposes of government, are counties. The counties usually embrace about sixteen townships each. Most of the county officers are elected by the people, and consist of a Probate Judge, Sheriff, Clerk, Treasurer, Register of Deeds, Prosecuting Attorney, County Surveyor, two Coroners, Superintendent of Schools, and Circuit Court Commissioners. In some of the larger counties, two Circuit Court Commissioners are elected. Three Superintendents of the Poor are elected by the Board of Supervisors. There may be elected in each county, inspectors of beef and pork, butter and lard, fish, flour and meal, leather, and pot and pearl ashes. A Board of Supervisors is established in each county, consisting of one member from each township, and where there are cities within the county, such cities are' entitled to as many Supervisors as may be prescribed by the Legislature. The Probate Judge and Inspectors hold their offices for four years; Superintendent of the poor, for three years, and other county officers, for two years. Supervisors, who are properly township officers, hold their office for one year. In the county of Wayne there is a Board of Auditors, consisting of three persons, who hold their office for three years. Each county has a county seat; that is, a place where the 44 CIVIL GOVERiAMENT. public business of the county is transacted. A court-house, a jail and fire-proof offices are necessary at the county seat. Supervisors are elected at the annual township meeting in April, in each township, and at the Spring election in cities These supervisors, in addition to the duties they perform in their respective townships and cities, constitute a board to transact business in which all the people of the county are interested. They accordingly meet at the court house, at the county seat, on the second Monday of October, in each year, and at su(h other times as may be necessary. They have power to purchase land for the use of the county, or to authorize the sale of lands belonging to the county; to cause to be built necessary buildings for the use of the county; to borrow money, or raise by tax money for the use of the county in making improvements authorized by law; to prescribe and fix the compensation for all services rendered for, and adjust all claims against their respective counties; to provide for the raising of money to defray the current expenses of the county; to make such laws and regulations as they may deem necessary for the destruction of wild beasts, of thistles and other noxious weeds, within the several counties; to authorize townships to borrow or raise by tax any sum of money not exceeding one thousand dollars, in any township, in any one year, to build or repair any roads or bridges in such township or townships; to divide their county into representative districts equal to the number of representatives to which such county is by law entitled; to divide or alter in its bounds any township, and to erect new townships; to equalize and correct the assessment for taxes; to (-:pportion the State and county taxes between the several townships, and to do many other things prescribed by law. The Board of County Auditors of Wayne County have all 45 CIVIL GOVERNMIENT. the powers of boards of Supervisors in the other counties, except in relation to taxes. Questions-What are the largest subdivisions of the State, for the purposes of government? How many townships are usually embraced in a county? Name the county officers. What board is established in each county? For what length of time do county officers hold their terms of office? In addition to the Board of Supervisors, what board is established in the county of Wayne? What do we call the place where the public business of the county is transacted? What public buildings are required atthe county seat? At what times do the Board of Supervisors meet? Men-tion some of their powers and duties. What powers have the Board of County Auditors of Wayne County? .. _. 4 CHAPTER XIX. ,OF COUNTY OFFICERS-COUNTY TREASURER-JUDI)GE OF PRO BATE - PROSECUTING ATTORNEY - COUNTY CLEIK - SHERIFFS. It is the duty of the county Treasurer to receive all moneys belonging to the county; and to pay the same out in the manner provided by law. Some of the money received by him belongs to the State; this he pays over to the State Treasurer. Some of it is paid out to the county officers for their salary, and some of it to the officers and jurors who attend the courts. The moneys received by him for the use of the county, he pays out on the orders of the Board of Supervisors. The Judge of Probate holds his court at the county seat. His duties will be noticed when considering the Judicial Departmenit. 46 CIVIL GOVERNMENT. It is the duty of the Prosecuting Attorney to prosecute or defend all suits in the county, in which the State or county is a party. It is his duty to prosecute those who commit crimes within his county; to give opinions, where the State or county may be a party in interest, when required so to do by any of the civil officers in the discharge of their duties, relating to the interest of the State or county. The Board of Supervisors fix the salary of the Prosecuting Attorney. The County Clerk is, by virtue of his office, clerk of the Circuit Court, and keeps the records of papers per-taining to that Court. He is also clerk of the Board of Supervisors and of the County and District Canvassers. In addition to many other duties, he is requested to keep a record of all the births, deaths and marriages in his county. Articles of association of the different corporations within his county, and certificates of the formation of religious societies are filed in his office and recorded by him. His salary is fixed by the Board of Supervisors, but in addition to this hlie receives fees fixed by law, for the discharge of most of the duties performed by him. The Sheriff has the charge and custody of the jails in his counlty; and of the prisoners of the same. Of the many duties he has to perform. we may mention his duty to execute and serve writs and orders directed to him by the courts; to attend the Circuit Court and preserve order therein; and to keep the public peace. The Sheriff appoints an Under Sheriff and deputies to assist him in the discharge of his duties. His fees are fixed by law. Questions-What are the duties of the County Treasurer? Where does the Judge of Probate hold his office? What are the duties of the Prosecuting Attorney? By whom is his salary fixed? What are the duties of the County Clerk i What are the duties of Sheriff? 47 CIYIL GOVERNMIENT. CHIIAPTER XX. OF COUNTY OFFICER-, CONTINUEI)-CORONERS-REGCISTER OF D)EEDS-COUXTY SURVEYORS-COUNTY SUPERINTENDENT OF SCiOOI-,S. It is the duty of a coroner, when informed that a person has died suddenly, or from violence, to procure six men to act as jurors, and with them he is to investigate and inquire into the cause and circumstances of the death. This investigation is called a coroier's ii./(eest. Coroners are required by law to discharge the duties of sheriff, when the sheriff is a party interested. Their fees are fixed by law. The Register of Deeds, provides, at the expense of the county, suitable blank books which he keeps in his office at the counrty-seat, and in which hlie copies or records all the deeds, mortgages and other papers which by law it is proper to record in his office, that may be presented to him. The object of recording these documents is that they may be preserved, and to give notice to all persons interested, of their existence. The Register of deeds is paid for recording, by the hundred words. It is the duty of County Surveyors to make and execute any surveys within their counties that may be reqIiiredl by any court or by any person. These surveys are made, to determine the location and boundary lines of,lands, and when completed are entered in a record kept by the Surveyor for that purpose. It is the duty of the County Superintendent of Schools to examine all perisons offering themselves as teachers for the public schools. H e is required to grant certificates in such form as shall be prescribed by the Superintendent of Public 48 CIVi.L GO VERN.[ENT. Instruction, licensing as teachers all persons whom he shall deem qualified. The law Drovides that it shallbe the duty of the County Superintendent, Fi)st. To visit each of the schools in his county, at least once in each year; to examine carefully into the (iscipliiae and the ))to(es of instruction, and into the progress and proJficie~tcy, of the pupils, and to make a record of the same; and to counsel with the teachers atnd district boards as to the course of studies to be pursued; and for the improvement of the instruction and discipline of the school. >Scurdl. To note the condition of the school houses and appurtenances thereto, and suggest plans for new school houses to be erected, and for warming and ventilating the same, and the general improvement of school houses and grounds. T]iird. To inquire into the condition of district and township libraries, and to counsel, if necessary, for the better managemnent of the same, and to see that the money collected from fines is devoted to the increase of such libraries. Fou,rth. To promote by public lectures and teachers institutes, and by such other means as he may devise, the improvemenlt of the schools in his county, and the elevation of the character and qualifications of the teachers thereof. JifhtA. To counsel with teachers and school boards to secure the more general and regular attendance of the children in his county upon the public schools. The salary of the Superintendent is fixed by the Board of Supervisors. Qtuestiows-What are the duties of Coroners? Of Register of Deeds? Of Surveyors? For what purpose are surveys made? What are the duties of County Superintendent of Schools, in relation to teachers? State his other duties as prescribed by law. 49 CIVIL GOVERNIMENT. CIIAPTER XXI. OF COUNTY OFFICERIS, CONTINUED-CIRCUIT COURT ('OMIMIS SIONER'S —SUPERINTENI)ENTS OF COUNTY POO1R —NOTA RIES PUBLIC-INSPECTORS OF PRllOVISIONS ANDI) OTHER MERCHAND)ISE. Circuit Court Commissioners are authorized to do many acts which, were it not for their assistance, the Judges would be required to do. It is frequently necessary, when the Courts are not in session, that orders should be made and duties performed affecting the interests of parties whose rights are to be determined by the Courts. These duties may be discharged by Circuit Court Commissioners. Testimony to be used before the Court in Chancery may be taken by a Circuit Court Commissioner; and he may perform many other duties prescribed by law. It is the duty of the Superintendents of the County Poor to take charge of and provide for the wants of those who are unable to support themselves, and have no relatives able to support them. They have the control of the poor-houses erected by the county, for the use of the poor. Notaries Public are appointed by the Governor, by and with the consent of the Senate. They are authorized to take the proof and acknowledgment of deeds; to administer oaths; to take affidavits; to demand acceptance of bills of exchange and of promissory notes, and to 1)rotest the same for non-accaptance or non-payment. Inspectors of provisions and other merchandise are required to examine and inspect the provisions and merchandise of those who keep and offer the same for sale, and to affix a 50 CIVIL GOVERNMIENT. brand or mark to such articles, indicating their quality, so that purchasers may be advised as to what they purchase. Thus, beef is divided into three sorts, "mess," "prime" and "cargo;" and pork into four sorts, "mess pork," "prime pork," "one-hog pork" and "cargo pork." When provisions or merchandise have been inspected and branded, it is deemed an offense to sell or offer for sale, under such brands, articles different from what such brands indicate. Questions-What are the duties of Circuit Court Commissioners? Of the Superintendents of the County Poor? How are Notaries Public appointed, and what are their duties? What are the duties of Inspectors of provisions and other merchandise? Into how many grades is corned beef sorted? Into how many grades is pork sorted? 51 CIVIL GOVERNMENT. CHAPTER XXII. OF TOWNSHIPS ANID TOWNSHIP OFFICEItS-SUPElVISOR, TOWN SHIP CLERK-TOWIXSHIP BOARD-TOWNNSIIIP TREASURER CONSTABLES. Each organized township, has a government of its own, and its people elect officers to administer such government to discharge certain duties for the good of all the people. The voters of a township may meet together and make such orders and by-laws for directing and mnanaging the affairs of the township, as they shall deem most conducive to the peace, welfare and good order of the people. They may annex to such orders and by-laws suitable penalties, not exceeding ten dollars for any breach thereof. The law provides for the holding of annual meetings in each township, on the first Monday in April in each year, at which there is elected the following officers: One Supervisor; one Towship Clerk; one Treasurer, one School Inspector; two Assessors, if the qualified electors present at the opening of the meeting shall so determine by vote; one Commissioner of Highways; so many Justices of the Peace as there are by law to be elected in the township, aijd so many Constables as shall be ordered by the meeting, not exceeding four in number, and one Overseer of highways for each road district, and as many Pound Masters as the meeting shall direct. Justices of the Peace hold their terms of office for four years, Highway Commissioners for three years, and School Inspectors for two years. The other officers hold their offices for one year. 5') CIVIL GOVERNMENT. The elections at township meetings are held in substantially the same mianner as general elections. The Supervisor is required by law to prosecute for all penalties and forfeitures incurred within his township, and for which no other officer is specially directed to prosecute. He is the Assessor of his township. The Township Clerk keeps the records and papers of the township, when no other provision is made by law; he keeps the accounts of the Township with the treasurer and with each of the several finds belonging to the township; the minutes of the proceedings of the Township Board, and performs many other duties. The Supervisor, the two Justices of the Peace whose term of office will soonest expire, and the Township Clerk, constitute the Township Board. It is the duty of this Board to settle all claims against the township. It is the duty of the Township Treasurer to receive and take charge of all moneys which by law are to be paid into the township treasury. Constables are ministerial officers of Justices of the Peace. A ministerial officer is one who acts under the authority of a superior, and does what his superior orders him to do. Constables are also required to serve all warrants, notices and processes lawfully directed to them by the Township Board, or the Township Clerk, or any other officer. Qu?estiorts-What is said of townships? At what time is the annual township meeting held? What officers are chosen at the annual meeting? For how long a time do the officers hold their offices? low are the elec ions held? What are some of the duties of the Supervisor? Of the Township Clerk? What officers constitute the township board? What are the duties of the Township Treasurer? Of Constables? 4 53 CIVIL GOVERN.MEN\T. CHAPTER XXIII. OF TOWNSHIP OFFI(ERS, CONTINUED-COM-NIISSIONERS OF HIGH — WAYS-OVERSEERS OF HIGHWAYS-SCI'OOL INSPECTORS — POUND-MASTERS. Commissioners of Highways have a general supervision and control of all the highways and bridges in their respective townships. They are required to divide their townships into road districts, and to assign to each of the districts such of the inhabitants, liable to work on the highways, as shall reside in such district, or own lands therein; to require the Overseers of Highways to have all persons assessed to work on the highways, perform their labor thereon with such teams, carriages, sleds, or implements as said Commissioners, or any of them, shall direct. It is also their duty to lay out and establish all necessary roads, and to discontinue such old roads as have become unnecessary. Overseers of Highways are required to repair and keep in order the highways within their districts; to direct persons assessed to work on the highways to come and work; to cause the noxious weeds within the highways to be destroyed, and to execute the order of the Commissioners. It is the duty of the School Inspectors to divide the township into school districts; they are to receive from the treasurer of the township, the money appropriated for the township library, and to procure books for the library. They are also to act in co7;u~tction with Inspectors of adjoining townships in the organization of school districts, lying partly in each of said townships. When (lormestic ails run at large, contrary to law, they 54 C'IVIL, (,OVElRNM ENT. may be driven to the township pound; and the keeper of such pound, called a Pound-Master, shall keep them until the owner calls for them, and pays him his fees and the expense of keeping such beasts, and the fees due the person diriving them to the pound, for his trouble, and whatever damage they may have done to the person who causes them to be impounded. Que.stioin. -What are the duties of Commnnissioners o(f HIighways? Of School Inspectors? Of Pound-MIasteis? CHAPTER XXIV. CITIES AND) VILLAGES. A city is a town where a large number of houses and inhabitants are established in one place, and which has been iico?poractecl and is governed by a mnayor and aldernoe;i. A village is an assemblege of houses and people, less than a city, and not governed by a mayor and aldermen. There are some villages in Michigan much larger than some of the cities. Some of these villages are not incorporated; while others, like cities, find it necessary for the preservation of good order and for the purpose of making those public. improvements essential for the convenience and comfort of the people to exercise powers of government not conferred upon townships, and therefore such villages become incorporated, and are governed by a president and trustees. When we say a town is incorporated, we mean the people of that place have been, by law, united together and authorized to do and performe certain acts which, without such law, they could not do. CIVIL GOVERNMIENT. The cities, and some villages, have a greater number of officers than the townships. This is necessary for the protection of the people. Cities are subdivided into war(ds or districts, and officers are elected in each ward to perform certain public duties. Qiestions-What is a city? A village? Are all the villages incorporated? For what purposes are cities and villages incorporated? What is meant by an in'corporated town? What is said of the number of officers? How are cities subdivided? ,56 CIVIL GOVERNMENT. CHAPTER XXV. OF THE MILITARY DEPARTMENT-STATE TROOPS-GENERAL OFFICERS-ORGANIZATION OF REGIMENTS- REGIMENTAL AND COMPANY OFFICERS. Able bodied white male citizens, between the ages of eighteen and forty-five years are, unless exempt by law, subject to military duty. Ministers of the gospel. judges of the courts, members and officers of the Legislature; officers and guards of the State Prison; commissioned officers of the militia who have served six years; State and county officers, (except notaries public,) teachers engaged in public institutions and schools; keepers of poor-houses; officers and attendants of the Michigan Asylum for the Insane, in tinme of peace; firemen, and inspectors of provisions and merchandise, except in case of i^cvasion and insUrrectioni, are exempt from military duty. The officers acting as assessors in the several townships and cities, on or before the first day of June in each year, are required to make out and send to the county clerk a list of the names of the persons liable to do military duty. These lists constitute the enrolled militia of the State. The County Clerk is required to send to the Adjutant General of the State the number of persons in his county, returned to him by the assessors. In case of war or threatened danger to the State or United States, from a foreiyn or (omtes8tic foe, the Commandeir-in-Chief (the Governor) may call out any portion or all of the enrolled militia. The enrolled militia are not subject to active military 57 CINVIL GOVERI'NMEINT. duty, except in case of war, rebei()e, invasion, the I)ptevention of icf-tsioi, the Oeppression of riots, tumults and breaches of the peace, and to aid civil officers in the execution of the laws and in the service of process. The active militia are composed of i,oleteers between the ages of eighteen and forty-five years, and are known as State troops, and in case the services of the military are needed, the State troops are first called out; then, if more are needed, a call is made upon the enrolled militia for volunteers. or by .cl lft. The principal military offieers provided for by law are, the Coimmander-in-Chief, one Adjutant General, one Inspector General, one Quartermaster General, one Paymaster General and a State Military Board. These officers are appointed by the Governor. The Adjutant General distributes orders from the Command(ler-in-Chief, and attends him when ordered, in the discharge of his duties. The Inspector General has charge of the instruction and m stcril. of the State tiroops. The Quartermaster General has charge of the public mag(t~zi6s, store-liouses, arsenals, munitions of war, military stores and other military property of the State. The law forbids the organization of more than twelve volunteer companies of iaty, prior to January 1st, 1874, but provides that the number of companies may be increased at the rate of four companies in each year thereafter, until the number of twenty-four companies shall be reached; beyond which, in time of peace, there shall be no increase. The law provides that each regiment shall consist of a Colonel, a Lieutenant-Colonel, a Major, a Surgeon, an Assistant Surgeon, a Chaplain, an Adjutant, a Quartermnaster-Sergeant, and not less than eight nor more than ten companies; each 58 CIVA-IL GOVERNMENT. .of which companies of infantry shall consist of a Captain, a First-Lieutenant, a Second-Lieutenant, five Sergeants, eight Corporals and not less than thirty-two nor more than seventy privates. Questiwns-Who are sul)ject to military duty? Who are exempt? How are the militia enrolled? To what officer do the County Clerks send the number of persons in their respective counties, liable to military duty? When may the enrolled militia be called into service? When are the enrolled militia subject to active military duty? Of w,hom are the active militia composed? In case the services of the military are required, what body are first called? Mention the principal State military officers? What are the duties of the Adjutant General? Of the Inspector General? 'Of the Quartermaster General? How many volunteer companies of infantry may be organized? What officers are required for a regiment? How many companies in a regiment? What officers are re(luied for each company? How many privates? 59 C0IVIL GOVERN-MENT CHIAPTERI XXVI. OF TIIE JTUDIC[AL DEPARTMENT-JUST[CE'S CIOURTS —JURISDIC TION-COiMMECEMENT OF SUITS-INCIDENTS OF A TRIAL. As people often fail to agree with regard to their relative rights and duties, and as they sometimes violate their agree ments with each other, and even violate and disobey those rules and regulations prescribed for their conduct, it is neces sary that tribunals should be provided to admrniister justice, to determine and declare the rights of parties, to investigate and decide whether the laws are observed or violated, and to declare and pronounce judgement according to law and the just deserts of the citizen. These determinations are called judicial. By the constitution of this State, the judicial power is vested in one Supreme Court, in Circuit Courts, in Probate Courts, and in Justices of the Peace..Ml[nici)al courts with civil and criminal jurisdiction may be established by the Legislature in cities. Justice's Courts-Justices of the Peace are elected for four years. All civil actions, that is, where money is claimed, where the debt or damages claimed do not exceed one hundred dollars, must be brought before Justices of the Peace; and where the amount claimed, in actions upon contract, exceeds one hundred, but does not exceed three hundred dollars, the action may be brought in the Circuit Court or in a Justice's Court; but a Justice of the Peace has no authority to try actions for a disturbance of a right of way, or for libel, or slander, or for malicious prosecutions, nor where the title to land are in question, except in certain cases provided for by law. 60 CIVIL GOVERNNMENT. Actions may be brought before any Justice of the Peace where, -First.-The pltinti(7#, or any of them, reside; or, Second.-Where the deJen~Uhts, or any of them, reside; or, Third.(-Before some justice of another township or city, in the same county, next adjoining the residence of the plaintiff or defendant, ori one of the plaintiffs or defendants; or, Fourth-Before some justice of a city in tho same county, formed from a township or townships next adjoining the residence of the plaintiff or defendant, or one of the plaintiffs or defendants. Persons having matters in difference between them, may go voluntarily before a justice and submit their cause; but this is seldom done. Suits are usually commenced by process, namely, a summons, a warrant, an attachment or wiit of replevin. A justice's summons is a wiriting signed by the Justice and addressed to any Constable of the county in which the Justice resides, commanding him to summon the defendant to appear before the Justice at his office, at a certain time inamed, to answer unto the plaintiff. The offi(cer is required to execute the summons, if the defendant be found, by reading it to him, and (if he require it,) delivering him a copy; but if the defendant be not found, the officer is required to leave a copy of the summons at the defendant's last place of abode, in the presence of some one of the family of suitable age and d(iscretio7n, who shall be informed of its contents. An attachment, in addition to the summons, contains an order requiring the officer to seize the defendant's property. This, however, is not authorized, unless the plaintiff makes oath in writing, that the defendant is doing or has done some act mentioned in the law, to (le./'a((d his creditors, or that he has absco?(7ec(l to the injury of his creditors, or does not reside 61 (''IV[L GOVERN-1MENT. in the State, and has not resided therein for one month immediately preceding the time of applying for the attachment; or that he'ae,ty cottIacte(l the debt, or incitrred the obligcftion concerning which suit was brought. Where a person shows by afflavit that he has a claila against another for money collected as a public officer, or for damages arising from the misconduct or neglect of the defendant in any professional employment or public office, or that there was fraud or breach of trust; or where the defendant has comitted a trespats or other wrong, or has in,curred a p)e?alt(y orfoi:feiture for a violation of some law of this State, such person is entitled to a warrant from the Justice, which authorizes and requires him to arrest the defendant, and to bring him forthwith before the Justice, to answer unto the plaintiff. In case a person has in his possession property which he has no right to keep, the person who has a right to it, if the property does not exceed in value one hundred dollars, may apply to a Justice for a writ to authorize the Constable to take and deliver such property to the plaintiff. This writ is called a writ of replevin, and after it is executed, the parties have a trial before the Justice, to determine who has the right to the possession of the property. If the plaintiff fails, he must return the property to the defendant, or pay him the value of it. In whatever way a suit is commenced, a trial must be had, to determine the rights of the parties. Either party may manage his own case before the Justice, or na-r Lav-e an attorney for that purpose. Before proceedingo to the trial, the parties put in their pleadings; that is, make a statemenrit of thleir claims. These statements are usually in writing. Making these statements we call, joining iss,ue. When t,his is accomplished, the Justice proceeds to try the issue. Those persons who know about the matters in differ 62 CIXIL GOVERN1MENT. once between the parties, are called as witnesses. Before they are permitted to testify, they are required to take a solemn oath or affirmation to testify truthfully. The oath is administered, substantially as follows: The witness is required to raise his right hand, and the Justice then says: "You do solemnly swear that the testimony you shall give upon the trial of the issue now here joined, wherein John Doe is plaintiff and Richard Roe is defendant, shall be the truth, the whole truth, and nothing but the truth. So help you, God." Some people think it wrong to take an oath. In such case, when they are required to give testimony, they affirm. The cffli?rnattioit is administered by the Justice, as follows: "You do solemnly and sincerely affir-m that the testimony you shall give upon the trial of the issue now here joined, wherein John Doe is plaintiff and Richard Roe is defendant, shall be the truth, the whole truth, and nothing but the truth; this you will do, under the pains and penalties of perjury.." After the witnesses have made their statements, and answered all propelr questions put to them, and the parties or their attorneys have argued the case to the Justice, he decides it, and records in a book kept for that purp)ose, called his docket, his judgment. QuestiJo:i.s-For what purposes are judicial tribunals provided? In what courts is the judicial power of the State vested? What civil actions may be brought before a Justice of the Peace, and what nriot? Where may actions be brought before Justices of the Peace? How are suits commenced? What is a sunimons? How is the summons to be executed? What does a writ of attachmnient contain? What must a plaintiff show in order to entitle him to a warrant against the defendant? What does the warrant require? Whait is the office of a writ of replevin? When this writ is executed, what is to be done in the suit? Who may conduct the trial? How do the parties join issue? What proceedings follow the joining of issue? Give the form of oath administered to witnesses? Of the affirmation? After the witnesses have been examined, what does the Justice do? 63 CIVIL GOVERNMENT. CHAPTER XXVII. OF JURY TRIAES-IIOW JUDGMENTS ARE EXECUrED 0't SAT ISFIED -CRIMINAL JURISDIOTION OF JUSIICES OF THE PEACE. Whenever a suit is commenced before a Justiee of the Peace, either party desiring it may have it tried by a jury. A jury in a Justice's Court consists of six men, who are required to sit together before the Justice and healr the proofs and alleg(-ttiois of the parties. They take an oath to discharge their duties faithfully. The Justice decides what testimony is proper to be submitted to the Jury. After the parties have introduced all their evidence, and have said, either in person or by attorney, what they desire to say to the Jury, by way of argument, the Jury, under the charge of a Constable, retire to another room and there talk the matter over and aogree upon a decision; and when they have thlus agreed, they return into Court and inform the Justice what conclusion they have arrived at. This decision is called a verdict, and means a. true saying. If the Jury fail to agree, the Justice calls another jury who proceed to try the case, unless the parties consent that the Justice mny try'it. When the Jurors have agreed upon their verdict, the Justice makes a record of their decision in his journal, and renders his judgment thereon. In procuring a jury, the Constable writes down the names of eighteen good men of the county, and each party strikes off or rejects six of the persons named on the list, and those whose names remain, constitute the jury, who are summoned to appear before the Justice. 64 (I N'Vi L (GOAEI'M - EN T. The paity who fails in the case, is requited to pay to the otbheri pailty his costs. After a judgment has been rendered in a ease, it is necessary that it should be enforced. This is done by the Constable who acts by authority of a written order issued by the Justice, called an execution. Suppose a judgment is rendered in favor of a party for a sum of money: the Justice issues his execution, in which he commands the Constable to levy upon the property of the party against whom the judgment was rendered, and to sell enough to pay the debt and costs, and to bring the money to the Justice to be paid to the party entitled thereto. If either party to a judgment rendered in a Justice's Court, feels that justice has not been done him, he may take an appeal to the Circuit Court. In such case the cause is tried in the Circuit Court as if it had been commenced there. A case may also be removed from a Justice's Court by certiorari to the Circuit Court. This is done when a party thinks the proceedings, or some of them before the Justice were not according to law. In such case a copy of the proceedings, together with a brief memorandum of the testimony, and the decisions of the Justice as to the admissibility of any proposed testimony, are sent to the Circuit Court. After inspecting the papers, if the Court thinks the Justice committed no error, his judgment is offli?)tect, but if the judgment was wrong, it is reversed. Questions-Of how many persons is a jury composed, in a Justice's Court? What are the duties of juries? What is their decision called? If the jury fail to agree, what course is pursued? What is the duty of the Justice when the verdict is rendered? How are jurors procured? How are the judgments of the Justice enforced? Is the judgment of the Justice final? To what courts may cases be removed? In what way? What course is pursued in the Circuit Court, where a case has been appealed? In case cf removal by certiorari? 65 Bar,IVL GOVERl.,ENTr CHIAPTER XXVIII. OF PRO()'EEI)IN(GS B,EFO)RE TUSTI(CES OF TIIE'PE.kCE, IN (IRIMIINAL CASEIS. Justices of the Peace have power to hear aud determine certain criminal cases. Among them may be mentioned, larcezy, where the goods stolen are not worth more than twentyfive dollars; simple 3assai(t and battery; destroying, removing or injuring any tiile-stoie or miile-boa(rd, or defacing any inscriptions or device upon, or doing injury to any,.qti(le-post or guii(de-board7; ma?iliciotusly killing, maimb, or (di.figfirGin any hlorses, cattle or other beast of any other person, ort injuring or destroying other persoial p)roperty, where the injury done does not exceed twenty-five dollars; destroying or breaking down,onets erected for the purpose of desig nating boundary lines; for wil/ftlly? (lef(cinig any building or sign-board; wilful trespasses, and all other offenses punishable by fine not exceeding one hundred dollars, or punishable by imprisonment in the county jail not exceeding three months, or punishable by both said fine and imprisonment. Upon complaint made to any justice that any of the offenses that may be tried before him have beenf commnitted within the county, he is required to examine the person making the complaint under oath, and to reduce the complaint to writing, and have the complainant sign it. If lie thinks that an offense has been committed, he is required to issue his wcarrant for the arrest of the person accused. On being brought before the Justice, the charge is read to him, and if lie admits his guilt, the Justice at once renders judgment against him, which judgment fixes the pectlty the prisoner is to payt or the 66 C(IVIL GOVERNMENT. imprisonment he must suffer. If he does not admit his guilt, the Justice proceeds to try him, unless he demands a trial by jury, in which case a jury of six men are summoned, as in civil cases, before whom the cause is tried. The Jury determine and decide whether the accused is guilty or not. If they find him guilty, they so declare, and the Justice proceeds to pronounce sentence-that is, to declare what punishment the person convicted shall suffer. In some cases the law fixes the precise penalty to be inflicted; but in most cases certain limits are fixed, within which the Justice may exercise his discretion. When the law provides that the punishment shall be by imprisonment, not exceeding ninety days, the Justice may fix the punishment at any length of time not exceeding ninety days. Justices of the Peace have no authority to try criminal cases where the offense is punishable by a fine exceeding one hundred dollars, or is punishable by imprisonment for more than ninety days. Nevertheless, a Justice has power to cause persons accused of offenses that he cannot try, to be arrested and brought before him; and if, upon examining into the case, he has good cause to suspect that such an offense has been committed, and that the person accused thereof is guilty, he may require him to enter into bonds for his appear ance at the next term ot the Circuit Court (or if in the city of Detroit, at the next term of the Recorder's Court), and in case he fail or refuse to give such bonds, the Justice is required to make out a written order, called a warrant of commitment, which authorizes the Sheriff of the county to receive and keep the accused in the county jail to await his trial. Qttestions.-Mention some of the offences for which a Justice of the Peace may try a person accused. What is the limit of a Justice's juris diction with reference to the extent of punishmiient? When complaint is made to a Justice that an offtence has been conmmitted, for which he may 67 CIV [I, ar It( RN EN'T. try the accused. what is he required to do)? May the accused be tried by Jury? If the Jury find the pri,souer guilty, what is the Justice required to do? Does the law generally fix the penalty, so as to leave no discretion on the part of the Justice? What discretion is generally given to Justices, in regard to punishment? In irelation to those criminal cases which a Justice cannot try, what is his duty? CHAPTER XXIX. PROP,BATE COURTS-TIIHE[R GENERAfL DUTIES AND POWERS CIRCUIT COURTS AND SUPRENIE COURT-TIIEIR DUTIES AN'D POWIERRS. The duties of Probate Courts, pertain, chiefly, to the settlement of the estates of deceased persons, though some other powers are conferred on this Court bylaw. Persons often have reduced to writing what disposition they wish made of their property, and what they desire to be done after their death. This writing the person signs his name to, and at his request, two other persons sign their names to the instrument as witnesses. This instrument is called a will. A will, therefore, is "the legal declaration of a mnan's intentions of what he wills to be performed after his death." A will is sometimes called a testament.' When a will is filed in the office of the Probate Judge, and he is informed of the death of the person who made it, he appoints a time for proving it, and if, at the time appointed, it appears to the Court that the testator was of sound mind, and that the will was executed according to law, hlie so decides, and thereupon makes out and delivers to the person designated in the will for that purpose, or to some other suitable person, letters testame)tary, or letters of administration. 6 I (C'IVIL GOVERNM)ENT. The person receiving such letters proceeds to take chlarge of the estate of the (lecetse(l, and after paying off debts, if he have any, and expenses of administration, disposes of the residue as provided for in the will. If a person die without having nmade a legal will, it is the duty of the Probate Court. when applied to for that purpose, to appoint some suitable person to take charge of, and settle up the business and estate of the deceased. The person so appointed is called anl Administrator. Probate Courts have power to appoint guardians for minors, to adjudicate and determine who are the heirs of deceased persons, in certain cases; to entertain proceecdings for the condemnation of lands for railroads, and to do and perform manty other acts prescribed by law. CircReit CoLrrtts.-The State is divided into twenty judicial circuits, and a Circuit Judge is elected in each circuit, who holds his term of office for six years. Circuit Courts are held in each organized county at least twice in each year, and four times in each year in those counties having ten thousand inhabitants. All civil actions and remedies of whatever name or description, and all prosecutions for crimres, mis(eiveatnors, o,e6)s(s and pe])ialties, except in cases where by law some other court or ti-ibttacl has j)t'isd(ictio(, are to be commenced, heard and determined in the Circuit Courts. Cases tried in Justices' Courts and proceedings had in Probate Courts may be appealed to the Circuit Courts. The Circuit Court has general s8e?rvisoy/ juslio over all inferior tribunals. Causes tried in the Circuit Court may, if either party desires it, be tried by a jury of twelve men. All criminal causes in the Circuit Court must be tried by a jury. The Circuit Courts have equ?ity or cidcyicer? powers, and 5 69 C'IV[L GOVNERXME.T. when actiong as a couirt in what we call eqjueity cases, we refer to it as the Circuit Court in Chancery. The courts of law are limited in their proceedings to certain action?s, and according to certain rules. In most cases these actions and rules will enable the courts to do justice by the parties. But as in some cases justice cannot be done to the parties in any of the forms of action known to the courts of law, the case must be submitted to a court not bound by such str'ict rules. The courts of law irender a general judgment, that a party recover a certain sum of money, or the possession of certain property. The law then directs how that judgment shall be enforced. The decision or determination of a Court of Chancery is called a decree. This decree, unlike a simple judgmnent, often contains qualifications, conditions and arrangements to be carried out in the future-such conditions and arrangements as, under the circumstances of the particular case, are just and eqTtittble. Su))'ente Co(te)t-This court consists of fourJustices, who hold their offices for eight years. The people elect one of these Justices every two years, at the Spring election. The one whose term of office first expires, acts as Chief Justice. The following will show the names of the present (1874) Justices of the Supreme Court, and the times at which their terms of office will expire: BENJAM[IXN F. GRAVEs, December 31, 1875. Tio3Is M. COOLEY, " " 1877. JAM-IES A. C.VIPBELL, " 1879. ISAAVC P. CHRISTIANCY, " "1881. The Supremne Court has a general superintending control over all the other courts of the State, to prevent and correct 7O CIVNIL GOVERNMENT. errors and abuses therein. Where, for instance, a Circuit Court has determined a matter pending before it, and a party in interest conceives that in the investigation or deteiiination, the Court has eried in applying the rules of law, the case may be removed to the Supreme Court for review and correction. In cases tried before the Circuit Court in Chanceiry-, an appeal may be taken to the Supreme Court. In case persons are wrongfully restr-aibted of their liberty, the Supreme Court has power to discharge them. If inferior courts refuse to discharge duties required of them by law, the Supreme Court has power to compel them to proceed; or, it may prevent them from proceeding in a matter without legal authority. Where it is claimed that inferior courts or tribunals have proceeded in a matter different from the course prescribe(d by law, the Supreme Court may compel such court or tribunal.to certify and send up its proceedings, and thereupon that Court may correct the error, if any has been committed. The Supreme Court holds four terms each year, at the Capitol. * Q,testionts-To what do the duties of the Probate Court chiefly pertain? What is a will? What is the duty of the Probate Judge in relation to the proving of wills? If a person die without a will, what is the duty of the Probate Court in relation to the property of the deceased? What are some of the other powers of Probate Courts? Into how many judicial circuits is the State divided? What is the term for which Circuit Judges are elected? HoN often are the Circuit Courts held in each organized county? What is the jurisdiction of Circuit Courts? What are the number of jurors required to try a cause in the Circuit Court? May criminal causes in the Circuit Court, be tried without a jury? When is the Circuit Court said to be sitting as a Couit of Chancery? What is the necessity or occasion for Courts of Chancery? What do we call the decision of a Court of Chancery? Wherein does it differ from a 71 CIVIL GOVERN-MENT. judgment in a Court of Law? Of how many justices is the Supreme Court composed? Which Justice acts as Chief Justice? Name the Justices and times when their terms of office will expire. What is the general j urisdliction of the Supreme Court? Where are the sessions of the Supreme Co'rt held? How many terms of the Supreme Court are held each year? CHAPTER XXX. PUBLIC INSTRUCTION - DISTRICT SCHOOLS-SCHOOL OFFICERS, THEIR POWERS-PENALTY FOR FAILURE TO SEND CHIL DREN TO SCHOOL. The various townships of the State are divided into school districts, by the School Inspectors. The district officers are a Moderator, a Director, and an Assessor. The voters of the district are required to meet together on the first Monday of September in each year, to elect a district officer and to vote upon such other matters as may be legally brought before them. Other mneetings may be called for certain purposes. The school offi(ers hold their terms of office for three years; the Moderator being elected one year, the Director the next year, and the Assessor the next, and so on. The persons qualified to vote at a school meeting are, all electors at a township meeting, and every person, three months a resident in the district, and twenty-one years of age, liable to pay a district tax, whether male or female. The voters at a regular school meeting may (esignzate a site for a school house, or may change such site by a similar vote. The voters also have power to direct the purchasing or leasing of such site; also the building, hiring, or purchasing of a school 72 ._. CIV-IL GOVNERN.MENT. house; but unless the number of children in the district, between the ages of five and twenty years shall exceed fifty, no more than one thousand dollars shall be raised for such purposes in any one year. The Moderator, Director and Assessor constitute the District Board. It is their duty to hire teachers; to buy school books for poor children; to determine what books shall be used in the schools; to report to the Supervisor the amount of money to be raised by tax for the support of the school, and may establish all needful regulations for its management. School districts containing more than one hundred children, between the ages of five and twenty years, may elect a District Board to consist of six trustees. Such trustees have power to classify and cj-acte the scholars in their district, and cause them to be taught in such schools or cleparLg~c-(ts as they may cleere exlpe(lient; to establish a High School, when ordered by a vote of the district, and to perform such other duties as are usually performed by the District Board already mentioned. It is made, by law, the duty of parents and others having the charge of any child or children, between the ages of eight and fourteen years, to send such child or children, if able to attend, to a public school for a period of at least twelve weeks in each year; and a failure to do so subjects them to a fine of not less than five nor more than ten dollars for the first offense, nor less than ten nor more than twenty dollars for the second, and every subsequent offense. Questiotas-Into what districts do School Inspectors divide townships? At what time is the annual district meeting held? For ahat purpose is it held? Name the school officers and their terms of office. What are the qualifications of voters at a school meeting? Mention some of the powers of voters at a school meeting. Who constitute the District Board? Mention some of their duties. What is said of ctl er distr.cts? What does 73 CIVNIL GOVERNMxIENT. the law req'iire of parents and others in relation to sending children under their chnarge to school? WVhat is the pntl~taty for a failure to comply with the provisions of this law? CHAPTER XXXI. THE STATE NORMA,L SCHOOL- STATE UNIVERSITY- AGRICUL TURAL COLLEGE-STATE PUILIC SCIIOOL. St(tte V'or,~al School.-This was established and designed to prepare persons for teaching. After a person has attended the Normal School for twenty-two weeks, such person, if qeale(c, is entitled to a certificate to that effect from the Principal, to be approved by the Superintendent of Public Instruction. By an Act of the Legislature of 1871, it is provided that the State Board of Education may grant (di)lomai(s to such students as shall have completed the full course of instruction; in the Normal School, and shall have been recommended by the Board of Instruction. The person receiving such diploma is entitled to a certificate from the Board of Instruction, which shall serve as a legal certificate of qualification to teach in the primtry schools of any township in this State. The Normal School is supported, chiefly, from the interest arising from moneys realized from the sale of twenty-five sections of land ap)lrolp)iate(d for its support in 1849. t) iceiesity of 3[ichigCa.t.-In 1826, Congress appropriated two entire townships of land for the establishment of a University in Miehigan. Soon after the State was organized, the University was established, 74 CIVA'IL GOVERNMENT. The law provides that the University shall consist of at least three departments: 1. A department of literature, science and the arts; 2. A department of law; a. A department of medicine; 4. Such other departments may be added as the Regents shall deem necessary, end the state of the University fund shall allow. The number of professors employed in the University is from thirty-five to forty. The students in attendance each year, range from twelve hundred to fourteen hundred. Tlhe State Agricztltteqal Co'le~/e.-This institution is also under the control of the State, and is, in part, supported by funds realized from the sale of lands granted for that purpose. It was established to afford thorough instruction in (gric(ltui,e and the 9?at?6rtal sciences connected therewith. Persons to be admitted into this school: must be over fifteen years of age and pass a satisfactory examination in arithmatic, geography, grammar, reading, spelling and penmanship. There is a farm connected with the institution on which students are required to labor three hours in each day. Qtestions —For what purpose was the State Normal Scheol.estal,lished? What is said of the granting of diplomas? To what is the pelson receiving this diploma entitled? How is the Normal School supported? W'hat appropriations did Congress make for the establishment of a University in Michigan? Of what departments does the law require the University to consist? Ilow many professors are employee in the University? How many students usually attend, each year? For what purpose was the State Agricultural College established? What is required of applicants for admission? What is required in regard to labor? 75 CIN-IL GOVER -INMENT CHAPTER XXXII. OF BENEV'OLE~NT INSTITUTIONS. ThIe Stacte Petblic Schoolfoi- depe)(leit al(l )teq(lected childrent is located at Coldwater, and is supported by the State. The object in establishing this institution was to furnish temporary homes for dependent and neglected children; especially those who have been abandoned by their parents or are orphans, or whose parents have been convicted of crime. The children in this school are educated in the branches usually taught in common schools. It is made the duty of the Board of Control to use all dil igence to provide suitable places, in good families, for the children who are inmates of the school. 7Y'he Mimichi stituti oi jbor E(lItcatie?f D)eof; awtd i)urmtb a)dl Bli7(l persons is located at Flint, and is under the control of a Board ot Trustees. Tuition and board is free to all cainelic&(tes from this State; and where such persons, on account of poverty, are unable to furnish themselves with suitable clothing and other necessary expenses for attending the school, the Board of Trustees are authorized to render them assistance not exceeding forty dollars per annum, for each person, to be paid out of the State treasury. This institution is supported by the State. The fJlichigan Asylhta for the Z8sage, located at Kalamazoo,'is also a State institution, under the control of a Board of Trustees, who appoint a medical superintendent and other officers. County Superintendents of the poor, or any Supervisor 76 CIVIL GOVAERNMENT. of any city or town to which a person who is insane is chargeable, may send such person to the Asylum, and the expense of sending and keeping him there is paid by the town or county to which he is chargeable. When a person who is its(cigent, but not a pau)per, becomes insane, the Probate Judge may send him to the Asylum. In such case the county pays the expenses of his support. If a person who is an inmate of the Asylum, has means to enable him to do so, he is personally liable for his support in the Asylum. In 1873, the Legislature provided for the establishment of an additional asylum for the insane, and Pontiac has been selected as the place for its location. In most of the older counties, poor-houses have been erected, where persons, unable to support themselves are kept and provided for at the expense of the county. In other counties they are supported at the expense of the townships. Qetestwns-Where is the State Public School located? For what purpose was this injstitution established? In what branches are the children in this school required to be educated? What is required of the Board of Control, with respect to the care of the inmates? Where is The Michigan Institution for Educating Deaf, and Dumb and Blind persons located? On what terms are persons admitted who reside in this State? What pecuniary aid may be rendered poor persons who attend this institution'? Where is the Michigan Asylum for the Insane located? What officers are authorized to send to the Asylum insane persons who are paupers? What officer may send insane persons who are indigent but not paupers? How are the inmates of the Asylum supported? What provision has been made for an additional asylum? What provision has been made for poor persons? 47 ( CIVIL GOVERNMAIENT. CHIIAPTER XXXIII. P'ENAL AND REFORMATORY INSTITUTIONS. Penal and reformatory institutions have been found necessary for the punishment and reformation of those who coinmit crime. They are also necessary to restrain offenders and thereby deprive them of the opportunity or power to violate the law. A State Prison has been established at Jackson where persons convicted of the higher grade of offences; that is, those crimes that are considered most catrociou(s and wicked, are sent by the Courts, for punishment. The prisoners are required to labor and are taught some of the mechaiical trades. The prison is under the direction of three Inspectors, appointed by the Governor. The officers of the prison consist of an agent, who is principal keeper of the prison, a clerk, a physician and surgeon, a chaplain, a deputy keeper, and a number of assistant keepers. The Reform School at Lansing is designed for the reformation of boys, who, between the ages of ten'and sixteen years are convicted of crime. Persons sent to this institution are sentenced to remain there until they are twenty-one years of age; but the Board of Control have power to discharge them at any time when satisfied of their reformation, or, when their presence in the school is prejudicial to the discipline thereof, may send them back to the Court for punishment in some other institution. The design of the Reform School is not so much for pun 78 CIVIL GOVERaNMENT. ishlment as reformation; and the persons sent there are (7liscipli)?e(?, instructed, employed and governed, in suchl a way as shall tend to make them good citizens. The Detroit House of Correction was built by the city of Detroit; but by a law of the State, the Board of Supervisors of any county may make an agreement with the Common Council or agent of the city of Detroit, for the confinement of persons convicted of crimes which would otherwise seb)ject them to imprisonment in the County Jail, in the House of Correction. In such case the county where the person is convicted pays the city of Detroit for keeping the prisoner. All females convicted of offences, except murder, which would, under the general provisions of law, subject them to imprisonment in the State Prison, are sent to the Detroit House of Correction. In 1871, the Legislature authorized the establishment, by the county of Jacklson, of a House of Correction, similar to the one established at Detroit. In each of the organized counties in this State, the law provides for the erection of jails for the (letettio~ of persons accused of crime until they can be tried, and for the punishment of such as are convicted of i,ino' offences. Prisons are also established in cities and villages, for the confinement of those who violate the by-laws and ordinances. Where is the State Prison located? What class of offenders are confined there? What officers control the prison? Where is the Reform School located? What persons are sent to this school? What authority has the Board of Control in relation to the custody of the inmates? What is the design of the Reform School? What is said of the Detroit House of Correction? In what institution are female offenders incarcerated? What is said of jails? Of prisons, in cities and villages? 79' CIVIL GO VER\MS[EN'r. CHAPTER XXXI-V. A.SSESSMIEXTS AXD COLLECTION OF TAXES. A tax is a contribution which individuals are required to make for the use or service of the State. Since it is the duty of the Government to protect and defend the people in the enjoyment of their property, it is but just that those who have the most property should pay the largest tax. As a basis for taxation, the value of all the real and personal property in the State, except such as the law exeiplts, is estimated, and a certain percentage of its value is required to be paid as a tax, by the owner, or persons in the possession of such property. The following property is exempt from taxation: Two hundred and fifty dollars worth of household furniture; fifty dollars worth of spinning and weaving looms and ap))aratits; all arms required to be kept b)y law, and the clothing of every person or family; one hundred and fifty dollars worth of library books, school books, and all family pictures; to every houseAhol(ler, fifteen sheep, with their fleeces, and the yarn and cloth manufactured therefrom; two cows, five swine, and food and fuel sufficient for the family for six months; a hundred dollars worth of musical instruments; property of the United States and of this State; all public or corporate property of counties, villages, townships, and school districts; the personal property of all library, benevolent, charitable, and scientific associations, incorporated within this State, and such lands belonging to or leased by su(h institutions and occupied by them; churches, and church property, and places of 80 CIVIL GOVERN'MENT. burial; and the personal and real estate of persons who, by reason of ib'mtity, age or poverty may, in the opinion of the supervisor, be unable to contribute towards the public charges It is the duty of the Supervisor, who acts as Assessor, on or before the first Monday in May, of each year, to call upon each person in his township, liable to be taxed, and leave with him a blank form on which to make out statements of the taxable property in his possession; after which the Supervisor is required to take the list and set down the value of the property embraced in the statement, and deduct from the moneys at interest and other credits of such person, the amount of money upon which he or she pays interest, together with his or her other indebtedness. On the third Monday of May, and the two following days, persons who are not satisfied with the assessment as made by the Supervisor, may appear before him and show cause why the valuation should be changed. If satisfied he has committed an error, it is his duty to mnake the proper corection. After all needed corrections are made, the Supervisor makes out an assessment roll, containing the names of the resident persons liable to be taxed; a full description of the real estate of such persons; the number of acres in each tract or parcel, and the acgregctte valuation of the personal estate of such person, liable to be taxed, as appears from the statements in the possession of the Supervisor. Lands not occupied and not claimed to be owned by any one living in the township are set down and assessed as 9o10)'esi(7lcit lands. The Township Clerk who keeps the records of the township meetings, and of the meetings of the Township Board, and who keeps files of all ordeas and votes for raising moneys in his township, furnishes the Supervisor with a statement of the amount of money proposed to be raised, and for what 81 CIVIL GONVERN'MENT purposes. This statement the Supervisor gives to the the County Clerk, who is cleirk of the Board of Supervisors. At their meetingl in October, the Board of Supervisors ascertain whether tfie valuations in the different towns and cities are relatively equal. If they atle not they correct them. The Auditor General of the State aI)I)ortio.s the State tax ,(cqitt(bly among the several counties, and notifies the County (Glerks of the amounts required from their respective counties. The Boards of Supervisors apportion the taxes required for county purposes amongo the townships. In this way the County Clerk is enabled to determine just how much money is to be raised in each township for taxes, and informs the Supervisor, who then assesses the taxes against the individual valuations of property on his assessment roll, specifying what such taxes are required for. This list the Supervisor delivers to the Township Treasurer, who collects the tax. If persons against whom a tax is assessed refuse or neglect to pay the same, provision is made by law to sell so much of their property as may be necessary for that purpose; and if the tax assessed against non-resident lands shall not be paid, such lands may be sold to pay the same. Q?te.sti)ns-What is a tax? What is the basis for taxing property? What property is exempt from taxation? In what way does the Assessor ascertain what property is to be assessed for taxation? What provision is made for correcting the Assessor's estimates of value? What does the assessment roll contain? How are unoccupied lands, not claimed by any one in the township, assessed? How does the Clerk of the Board of Supervisors ascertain what is proposed to be raised as a tax for township purposes? How are the valuations of property ill the different townships equalized? What officer apportions the State tax among the counties? What body apportions the county tax among the townships? In what way is the Supervisor informed of the amount of tax to be raised in his township? What apportionment does the Supervisor make? What officer collects the tax? In cas the tax is not paid, how may the tax be collected? :82 (CIVIL GO-VERNMENT. CHAPTER XXXv. OF WA-EIGIITS AND) M EA SURES. The law of this State provides how many pounds of certain grain, dried fruit, coal, vegetables and products, shall constitute a bushel: Wheat, 60; rye, 56; shelled coIn, 56; corn on the cob, 70; COrn mneal, 50; oats, 32; buckwheat, 48; beans, 60; clover seed, 60; timothy seed, 45; flax seed, 56; hemp seed, 44; mil et, 50; Hungarian grass seed, 50; blue grass seed, 14; barley, 48; dried apples, 22; dried peaches, 28S; potatoes, 60; sweet potatoes, 56; onions, 54; turnips, 58; peas, 60; cranberries, 40; dried plums, 28; castor beans, 46; Michigan salt, 56; mineral coal, 80; orchard grass seed, 14 Osage orange seed, 33; stone lime, 70; red-top seed, 14. A box or basket of peaches must contain seven hundred and sixteen and three-fourths cubic inches, or one-third of a bushel. A barrel of fruit, roots or vegetables, is that quantity contained in a barrel made from staves twenty-seven inches in length, and each head sixteen and one half inches in diameter. QUestions8.-Give the weight per busLel of the different grainls, fruits and products mentioned in in this lesson. What is the size required for a box or basket of peaches? State the size required for barrels of fruit, roots or vegetables. Ma (CIVIL, GOVELtINMEN?. CIIAPTER XXXVI. TIIE PUBLIC ItEALTII. The Supervisors and Justices of the Peace constitute a Board of Health for the township in which they reside. The Boardcl has power to appoint a physician as a health officer, and may make such regulations concerning,?isctic es, sources of filth, and causes of sickness, within their townships, and on board of any vessels in their ports or harbors as they shall judge necessary for the public health and safety; and if any person shall violate any such regulations, he shall forfei. a sum not exceeding one hundred dollars. The Board of Health are required to give notice of their regulations by publishing the same in some newspaper of the township, if there be one published therein, and if not, by posting them up in five public places in the township. It is the duty of the Board to make provision to prevent the spread of the small-pox, or other dangerous diseases; and for this purpose may cause any sick or infecte(I person to be removed to a seperate house, if it can be done without injury to his health; and if necessary, they may cause'the persons in the neighborhood to be removed. They may take possession of convenient houses and lodgings for the sick, and may employ nurses, attendants, and other necessaries for them. The inhabitants may, if they desire, establish osp)ital(s in any township, for the reception of persons having the smnallpox or other disease which may be dangerous to the public health. In cities, the Mayor and Aldermen, and in incorporated 84 CIVILIL GOVERN.MEST.T villages, the Piesident anld( Trustees, constitute the Board of Health. Que,tiorn, -What officers constitute the Board of Health in townships? What are the powers of the Board in regard to esttablishing regulations to prevent the spread of disease? What is said of hospital.s? What officers constitute the Board of Health in cit,es? In villages? 6 85 CIVIL GOVERNMENT. CHAPTER XXXVII. OF FENCES AND FENCE-VIEWERS-WIIEN NO DAMAGES AL I,LOWVED FOR INJURIES BY TRESPASSING ANIMALS. All fences four and a half feet high, in good repair, consisting of rails, timber, boards or stone walls, or any combination thereof, and all brooks, rivers, ponds, creeks, ditches, and hedges, or other things which shall be considered equivalent thereto, in'the judgment of the fence-viewers within whosejurisdiction the same may be, shall be deemed legal and sufficient fences. It is the duty of persons occupying adjoining lands, to maintain partition fences, in equal shares, so long, as both parties continue to improve such lands. The Overseers of Highways are by law, made the fence viewers in their respective townships, and it is their duty, when the parties cannot agree to determine the condition of partition fences, and to assign to the parties their share of such fences to be by them kept in repair. The law provides that no person shall be entitled to recover any suin of money, in any action at law, for damages done upon lands by any beast or beasts, unless the partition fences by which such lands are wholly or in part enclosed, and belonging to such person, or by him to be kept in repair, shall be of the same height and description as is required t,y the provisions of the first paragraph of this chapter. Qele.stions.-What constitutes a lawful fence? What is the duty of persons occupying adjoining lands, with reference to partition fences? Who constitute the Fence-Viewers, and what are their duties? What is said with reference to the recovery of damages for injuries from trespassing auimals? 86 CIVII, COVERXiMENT. CIIAPTER XXXVIII. iEG'IFSTRATION OF I RTH S, MARRIIIAGES, AND D)EATHIS. It is the duty of the Supervisor of each township, and the Supervisor or Assessor of any city or ward therein, to return to the County Clerk, on or before the first day of June, in each year, a statement of' the births and deaths which have occured in their respective townships, cities, and wards during the year ending on the last day of the preceding December. But in the city of Detroit, persons are appointed by the Common Council to perform this duty. Persons authorized to solemnize marriages, (Ministers of the Gospel and Justices of the Peace,) are required to make a record of each marriage solemnized by them; and the keeper of the records of the meetings in which any marriage among the Friends or Quakers shall be solemnized, shall make a record of such marriage. Certificates of marriage shall be furnished by the Minister, Justice, or Clerk, to either of the parties to such marriage. Certified copies of the record of marriages must be sent to the County Clerk, who is required to record the same. Q,te.,twn.s. —'hat is requireAl of Snpervisors and As(ssors with reference to statements of births? The duties of persons authorized to solemnize marriages? 87 CIVLL GOVERSNMENT. CHAPTER XXXIX. MON-EY AND INTEREST. The interest of money shall be at the rate of seven dollars upon one hundred dollars for a year, and at the same rate for a greater or less sum, and for a longer or shorterl time. But it is lawful for the parties to stipulate in writing any rate of interest not exceeding ten per cent. per annunm. Where parties agree that the rate of interest shall exceed that authorized by law, the legal rate, and no more, can be recovered, in an action at law. When any installbient of interest upon any note, bond, mortogage, or other written contract shall become due, and the same shall remain unpaid, interest may be computed and collected on any such installment so due and unpaid, from the time at which it becomes due, at the same Irate as specified in any such note, bond, mortgage or other written cont7act, not exceeding ten per cent., and if no rate of interest be specified, then at the rate of seven per cent. per annum. Parties loaning money, may take interest authorized by the law of this State, without reference to thQ law of the place where the money may be payable. Quiestons-What is the legal rate of interest in Michigan? What rate may parties agree upon? Where the rate of interest agreed upon exceeds that authorized by law, what may be recovered? What is said of interest upon installments? When money loaned in this State is made payable elsewhere, what rate of interest may be taken? 88 C(IVIL GOVERNMENT. CHAPTER XL. OF THE SUPPORT OF POOR PERSONS. The father, mother and children of any poor person who is blind, old, lame, impotent or decrepit, so as to be unable to maintain himself, shall, at their own charge, relieve and maintain such poor person, in such manner as shall be approved by the Directors of the Poor of the township where such poor person may be, or by the Superintendents of the County Poor. If the relatives whose duty it is to provide for a poor person, refuse to do so, the Circuit Court may make an order to compel them to furnish such support. The father shall be first required to maintain such poor person, if of sufficient ability; if there be no father, or if he be not of sufficient ability, then the children of such poor person; if there be no such children, or they be not of sufficient ability, then the mother, if she be able to do so. If the relative required by law to support a poor person is unable wholly to maintain such poor person, the Court has power to direct two or more relatives to furnish such support, and may fix the amount to be furnished by each. When parents abandon their children and refuse to support them, or when a husband so abandons his wife, the Superintendents of the Poor may seize upon the property of such parent or husband, and the same may be sold for the support of such wife and children. The personal property of paupers, except their wearing apparel, may be sold for their support. When poor persons, unable to support themselves, have no relatives able to support them, they may be supported at 89 CI-VIL GOVERNMIENT. the expense of the county. If the poolr person needs te?Lporary relief only, it may be furnished by the Supervisor of the township, city or ward, or by the Superintendents of the Poor; but if the person requires permntel?t relief, he is, in those counties having poor-houses, to be taken to such poor-house, where he is kept and supported under the directions of the Superintendents. In some of the counties the distinction between township and county poor has not been abolished by the Board of Supervisors. In such cases it is the duty of the township to provide for such of their citizens as are unable to support themselves, unless their relatives are able to furnish such support. Qtestiois —Vhat relatives are lequired to support poor persons? May relatives, having the ability so to do, be required to support poor persons? State the order in which relatives are required to support poor persons. In case a relative whose duty it is, by law. to support a poor person, is unable to provide sufficient support, what order may the Circuit Court make? What is said concerning those who abandon their children and wives and refuse to support them? What may be done with the personal property of paupers?' In case a peison is unable to support himself, and has no relatives able to do so, what provision is made? 90 CIVIL GOVERNMENT. CHAPTER XLI. OF THIE LIEN OF IMEC'IIANICS AND OTHERS. For the puipose of enabling mechanics and others who may furnish labor or materials for constructing or repairing buildings, or for putting up any engine, machinery or apptrte)tances, for the owner or lessee of lands, upon such lands, the law has provided for a liens thereon. Such lien shall not attach, unless the contractor, or some one in his behalf, shall make and file with the Register of Deeds of the county in which the lands shall lie, a certificate containing a copy of his contract, if the same is in his possession and in writing, and, if not, then a statement of the terms .of the contract, as near as he can give it, and a description of the price or prices, lot or lots of land, on which such building, wharf or machinery shall be or is to be constructed or put up, and a statement of the amount due and to become due, on said contract, together with all credits the owner may be entitled to, which certificate shall be verified by the affidavit of the contractor, or some one in his behalf. When this is done, and the owner is notified thereof, the lien becomes binding. The lien, when the certificate has been recorded, continues good for six months, when it ceases, unless proceedings shall, within that time, be taken to enforce the lien. Sub-contractors may also have a lien for work and matevials furnished by them. This is secured by making and filing with the Register of Deeds a similar certificate to that required of the contractor, and containing a further statement of the terms of his contract with the original contractor. 91 CIVIL GOVERNMENT The person desirous of enforcing the lien, prepares and presents to the Circuit Court in Chancery, for the county in which the land may lie, a petition containing a brief statement of the contract or contracts, and of the amount due thereon, with a description of the premises subject to the lien, and all other material facts and circumstances, and praying for a sale or other disposition of the premises to satisfy the same. This petition should not be filed until the expiration of sixty days from the maturity of the debt. The Court has power to direct the giving of such notice to the owner, of the time of hearing, as may be considered just. This notice should embrace a copy of the order of the Court and of the petition, and should be personally served, if the owner lives in this State. Notice should also be given to other creditors who have similar liens upon the same property. If the owner lives out of the State, the Court directs the notice to be given by publishing the same in some newspaper printed or circulating within the county, for six successive weeks. At the time fixed for the hearing, the creditors appear before the Court and prove their claims, and the Court determines the amount due to each creditor who has a lien upon the property in question, and may order a sale of such property to satisfy the claims. By the law of 1871, provision is made for the better security of mechanics and other persons furnishing materials for the erecting, altering, repairing, beautifying or ornamenting of buildings. By this provision the lien may include the building and land on which it stands, not exceeding a quarter of a section to the extent of the interest of the owner or lessee thereof. This act may be found at page 1905, of the Compiled Laws of 1871. Liens eporoz Personnal Prope)rty. —.)Iechanics, artizans and 92 CIVIL GOVERNMENT. tradesmen may retain and have a lien for labor and material furnished by them in constructing or repairing any article of value. Any person may have a lien upon horses, cattle, mules, sheep or swine for their keeping, and may retain possession of them until the charges are paid. In order to enforce these liens, suits should be brought before some Justice of the Peace, and judgment recovered for such charges. Thereupon an execution is issued and the property retained, sold to satisfy the lien. Qutestions-For what has the law furnished a lien? WVhat are the conditions upon which the lien attaches? How long does the lien continue? What is said of sub-contractors? How is the lien enforced? What is said of giving notice to the owner? What is said of the law of 1871? What is said of liens upon personal property? 93 t -CIVIL GOVERN.MENT. CHAPTER XLII. THE INTERNAL POLICE OF THE STATE. OF DISORDERLY PERSONS-WHO REQUIRED TO GIVE SECURITY FOR GOOD BEHAVIOR. All persons who run away, or threaten to run away, who, being of sufficient ability, refuse or neglect to support their families, or leave their wives or children a burden on the public; all persons pretending to tell fortunes, or where or with whom lost or stolen goods may be found; all common prostitutes; all keepers of bawdy houses, or houses for the resort of prostitutes; all drunkards, tipplers, gamesters, or other disorderly persons; all persons who have no visible calling or business to maintain themselves by, or who do, for the mnost part support themselves by gaming; all juggleris, common showmen, and )out(teba~i-s, who exhibit or perform for profit, any pte)-pet shows, wire or rope dancing, or other idle shows, acts, or feats; all persons who keep in any highway, or any public place, any gaming-table, wheel of fortune, box, machine, instrument, or device for the purpose of-gaming; all persons who go about with such table, wheel of fortune, box, machine, instrument, or device, exhibiting tricks, or gaming therewith; all persons who play in the public streets or highways, with cards, dice, or any instrument or device for gaming; and all vagrants shall be deemed disorderly persons, and may be required to furnish security for their good behaviour, for not less than sixty-five days, nor more than one year thereafter; and in case of failure to furnish such securi 94 CIVIL GOVERNM1ENT. ty, shall be commriitted to jail, until discharged according to law. Such persons may be discharged from confinement on furnishing the security required; or, the Circuit Court may discharge such person if, in the judgment of the Court, the circumstances of the case warrant it, without such security; or may authorize the Superintendents of the Poor to bid out, as servants or apprentices, such disorderly persons as are under twenty-one years of age, until they reach the age of twenty-one years. The Circuit Court may also order disorderly persons to be kept at hard labor for any time not exceeding six months. Quvetion —Who are deemed disorderly persons? What may be required of them? In case of a failure to furnish security for good behavior, what may be done with them? What authority has the Circuit Court in such cases? 95 CIVTL GOVERNMENT. CHAPTER XLIII. OF THE OBSERVANCE OF THIE SABBATH-GAMING AND THE PENALTIES THERTEFOR. The law provides that any person who, on the first day of the week, shall engage in any business or labor, except workls of necessity or charity, or who shall attend any dancing or at any public eliversioni, show or entertainment, or take part in any sport, game or play, shall be punished by a fine not exceeding ten dollars, for each offense. Hotel keepers shall not, under a penalty of five dollars, permit persons, other than their y?uests, to remain upon their premises on the Sabbath. No civil suits can be commenced, nor can courts be held on the Sabbath. Persons who intentionally interrupt or disturb any assembly of people met for the purpose of worshiping God, shall be punished by a fine of not less than two nor more than fifty dollars, or by imprisonment in the county jail not exceeding thirty days. Agreements made on the Sabbath are voi(c. Persons who consciettiottsly believe that the seventh day of the week (Saturday) ought to be observed as the Sabbath, and actually refraint from secutlar business and labor on that day, shall not be liable to the penalties prescribed forperformingsecularbusiness or labor on the first day of the week, provided they disturb no other persons. Gamizg.-If any person, by playing at any game of chance, or by betting, lose to any person so betting or playing, any money or goods, he may recover the same, or the value thereof, in an action for that purpose. If the person 96 CIV'IL GOVN'ERNMAENT. losing the money or goods does not, within thi ee monthls after his loss, sue for the same, the winner is subject to a fine not exceeding three times the value of the money or goods lost. If any person shall win or lose at any time or sitting, by gaming, or betting on the hands or sides of such as are gaming, any money or goods of the value of five dollars or more, whether the same be paid over or not, shall forfeit and pay three times the value of such money or goods. All notes, bonds, bills, mortgages or conveyances in which the consideration, in whole or in part. is for money or goods won by gaming or betting, are void, except as to those who hold or claim under thenm in good faith, and without notice of the illegality of such contract or conveyance. Persons who keep, or knowingly permit to be kept, in any house, building, yard or garden which he occupies, any table for the purpose of playing at billiards for hire, gain or reward, or permit persons to resort to such place for the purpose of playing at billiards, nine-pins or other like game, cards or dice, or any other unlawful game, shall forfeit a sum not exceeding one hundred dollars, and give security that he will not be guilty of any offense against the chapter of the statute to compel the observance of the Sabbath and to prevent gaming. Persons playing at such games, at such tables or alleys, thereby forfeit a sum not less than two nor more'than ten .dollars for each offense. Questions-What acts are prohibited on the first day of the week? WVhat is said of hotel keepers? What of agreements made on the Sabbath? What exception as to labor on the Sabbath is made? In case money or goods shall be lost by playing at games of chance or betting, how may the same be recovered? How and under what circumstances may the winner or loser be punished? What is said of the validity of securities or convey-ances given for moneys or goods won by betting or at games of chance? 97 CIVIL GOVERNMENT. CHAPTER Xl,IV. SUNDRY T,.LAWS REGULATING THE CONDUCT OF CITIZENS-THlE LAWV OF THE ROAD-DESTRUCTION OF TIMIIER MARKS. Whenever persons, traveling with a team, meet each other on any road or bridge, each person is required to drive to the right of the middle of the traveled part of the road or bridge. A failure to do this, subjects the person so failing, to a penalty not exceeding twenty dollars, and to the payment of whatever damages a party may sustaiin by reason of such failure. No hack or stage proprietor is allowed to keep a driver who is i,i the habit of using intoxicating liquors to excess; and for so doing hlie is liable to a penalty of five dollars a day for the time hlie retaics him in his service. If such driver is intoxicated while driving a coach, stage, hack or omnibus, it is the duty of the proprietor to discharge him as soon as notified of the fact by any passenger, under oath, and in writing, who witnessed the same; and failure to discharge such driver, subjects the proprietor to a penalty of five dollars per day so long as he shall keep him. If a driver of a carriage for thle conveyance of passengers for hire, intentionally causes or permits his horses to run away, whether any person be in the carriage or not, he is liable to a fine not exceeding one hundred dollars, or imprisonment in the county jail not exceeding thirty days, or both, at the discretion of the Court. If such driver shall leave his horses while attached to a carriage in or on which any passenger may be at the time, without some suitable person 98 CIVIL GOVERNMENT. to take charge of them, he shall forfeit a sum not exceeding twenty dollars. Proprietors of public conveyances are liable to persons injured, for the misconduct of the driver, while in the employment of such proprietor. Destruction ol Timber M A2arks.-Whoever shall unlawfully cut out, alter, or destroy any mark of the owner, made on any logs, timber or lumber, put into any lake, stream, or pond, shall forfeit a sum not exceeding ten dollars, for each log, stick of timber, or piece of lumber, the mark of which he shall have so altered, cut or destroyed, and shall be liable to the party injured in three times the amount of the damage. Whoever takes, without the consent of the owner, logs, timber, boards, or planks, floating in any of the waters of this State, or lying on the banks or shores, or on any island on which they shall have drifted, is liable to the owner in three times the amount of the damages; but if they shall have remained there for two years, without the owner's having paid the owner of the land, or offered to pay him the damages occasioned by reason of their lying on his land, and whatever damages he would sustain by their removal, they become the property of the land-owner. Questions-What does the law require of persons driving teams on the highways, when meeting each other? What is the penalty for stage proprietors retaining in their employ intemperate drivers? What is said with reference to hitching or fastening horses attached to public conveyances? Who are liable for injuries occasioned by misconduct of drivers? What is said of the destruction of certain timber marks? What is said with reference to logs, timber and lumber that may float upon the lands of any person? What is the duty of persons finding lost goods? What is his duty if the goods exceed in value three dollars? Where they exceed ten dollars? 99 I...:. *2': C'iL G, V E R, NME: T. CHAKPTER XLV. L(o)T GOODS ANI) STRAY BEA-STS. Any personfinding lost goods is required immediately to give notice to the owner, if known. If not, and the goods are worth three dollars or more, he must, within two days, post notices in two public places within the township where the property was found, and within seven days give written notice to the Town Clerk, and pay him twenty-five cents for making an entry thereof in a book kept for that purpose. If the value of the goods be ten dollars or more, notice must also be published within a month, in a newspaper of the county, if there be one, and if not, then in a newspaper of an adjoining county, for six weeks. Any reside?nte feeholdcer of any townsoip, may take up any stray horses, mules, or asses, going at large beyond the range where they usually run at large; and may also take up, between the months of November and March, stray cattle, sheep, or swine. Such finder is required to give immediate notice to the owner, if known. He must, within ten days, have notice thereof entered in the Township Clerk's book, giving the color, age and marks of the animals, as near as may be, together with the name and place of residence of the finder, and pay the Clerk fifty cents. The Clerk sends a copy of the notice to the County Clerk. If the owner does not appear within one month, and claim his property, and the animals taken up shall be worth more than ten dollars, the finder is required to advertise as in case of lost goods. * ~ ...... 100 CIVIL CGOVERNMENT. The finder of lost goods or stiay animals, of the value of ten dollars or more, must, within thiree monthls, procure an appraisal of the prol)erty to be made, and certified by a Justice of the Peace, which shall be filed withl the CleIrk. If the ownei of lost goods at any time within one year, claims his property, he is ee2tite,(l to it, or its value, on paying all costs and charges, together with a reasonable coi'flq)e?satio~, to the finder for keeping and taking care of it, and for his traveling expences, to be determined by a Justice of the Peace, if the parties fail to agree. If no owner appears, in one year, the lost money or goods shall belong to the finder, he paying one-half their value to the Township Treasurer. If the owner of such stray beasts appears in six months, and pays all lawful charges, he is entitled to them; but if not, they must be sold at auction by a constable, he first giving notice thereof in writing, by posting the same in three public places in the township, and the moneys realized, after paying costs and charges is to be deposited in the treasury of the township. If the owner appears within one year after the entry of the notice with the Town Clerk, he is entitled to the money deposited with the Treasurer, but if he shall not so.appear, the money belongs to the township. If the person finding property or taking up strays shall fail to give the required notices, and shall fraudulently appropriate the property to his own use, he is subject to a pen alty of not less than ten nor more than fifty dollars, and to be imprisoned in the county jail until the fine be paid, not ex. ceeding ninety days. If a person shall unlawfully take away any animal taken 7 101 CI VIL GOV-ER-N-IENT. up as a stray, without having first paid the chairges, he is liable to the finder for the full value of the property. Q -Ntio.-ho nlay takle up stray l)easts? When imJy cattle, sheep and seine be t.ken up? What is required of the finder of stray animals? When mnay the owner of lost g,oods reclaim theiii? On what terms? If the owner does not appear. to whom does the property belong? How and when may the owner of stray beasts reclaim them? If the owner does not appear in six months, % hat is done with stray aniiuals? What is done with the money? When and how may the owner procure the money deposited with the Treasurer? If the owner fails to appear within one year, to whom does the money belong? What is the penalty where the finder of goods appropriates them to his own use, fraudulently, without giving the required notice? In case a person takes away on animal taken up as a stray, without having first paid the charges, what is his liability? . * 4 - CHAPTER XLVI. RUN-NING AT LARGE OF AN-IMALS-UNC(LAIIMEI) l'PROPERTY TIIEATRICAL EXHIBITIONS AND SIIOW S-GUNPOWDDER T)OGS-SIIEEP. By a law passed in 1867, the Board of Supervisors of any county may pass a resolution prohibiting the running at large of horses, cattle, sheep and swine. In those counties where such resolution has been passed, it is lawful for any person to seize and take into his possession any animal which may be trespassing upon his premises, or which may be in any public highway, and opposite the land owned or occupied by him, contrary to such resolution. The person making such seizure is required to notify a Justice of the Peace or highway Commissioner of the fact. The officer thus notified posts notices advertising the public sale of such animals in sixty days. 102 CIVI-L GOVEI'R-XENT.ET After paying the costs and charges, the surplus moneys aris ing fromn the sale are kept for the owner, and if he calls for them within one year, they are paid over to him; if not, they belong to the township. If the owner so desires, he may re(fee,J the an imal at any time within a year after the sale, by paying all costs and chalrges, andl a reasonable co)q))e,is((tio() for keeping such animal. At any time before the sale of the animal, the owner imav have the possession of such animal, on paying the costs andI charges provided for by law. The owner of any bull, stallion, boar, or rain, is subject to a fine of five dollars for allowing such animals to run at large. Ecla iJme(.Pi')oy)erty.-Whenever personal propertv is sent to, or left with warehouse-keepers, or to the keeper of any depot, it is the duty of the person receiving and having charge of the same, to enter in a book the description and time of receiving such goods. If such goods were not left to be forwarded or otherwise disposed of, according to directions, the person having them in charge is required to notify the owner, if his residence be known, by letter. In case such property is not claimed in three months, it is advertised for four weeks, the notice stating that unless such property shall be claimed within three months from the first publication of such notice, and the lawful charges paid, they will be sold. If not claimed, a Justice of the peace orders a Constable to sell the goods. The Constable, after making the sale, returns the money to the Justice, who pays the charges and expenses of sale, and pays over to the County Treasurer the su7rpl(s moneys, where the person whose goods were sold may get them at any time within five years. If not claimed in five years, the County Treasurer pays them over into the State Treasury for the use of the State. Q 1103 CIVIL GOVERNMIENT. Y'l.ea(ttIica! ElzAtibitioi)s and( k'A-oets.-Township or village boards have authority to licentse theatrical exhibitions, public shows, and such other exhibitions as they deem proper, to which admission is obtained on payment of money, upon such terms and conditions as they shall think reasonable, and may regulate the same as they shall think necessary for the preservation of order. Any person who shall set up or promote any such exhibition or show without a license, or contrary to the terms of such a license, miay be fined( a sum not exceeding two hundred dollars. Git)?)oa([er.- The inhabitants of incorporated villages or townships, at any r'egular meeting, may by,'soltttio,, order that no gunpowder shall be kept in the township or village, unless in tight casks or canisters; and that not over fifty pounds shall be kept in any building, ship or vessel, within twenty-five rods of any other building or wharf; not over twenty-five pounds within ten rods of any other building; and that not over one pound shall be kept in any building within ten rods of any other building, unless it be secured in copper, tin, or brass canisters, holding not exceeding five pounds each, and closely covered with copper, brass, or tin covers. A violation of this provision subjects the offender to a fine not exceeding twenty dollars; but the law is not designed to apply to the manufacturer of powder, nor to prevent carrying it through the township. Dog -Licc~?ses.-The Legislature of 1873, passed an act to provide for lices and the keeping of dogs. By this act, the owner or keeper of every male dog must pay to the City or Township Clerk a license of one dollar; for every female dog, three dollars. These licenses run until the first of April next following their dlate. During the continuance of the li 0 104 CLVIL GOVENlEP,NMT. E T cense, the owner is required to keep a collar on the dog's neck, distinctly marked with the owner's name. The moneys raised from licenses constitute a fund for the payment of damages which persons may sustain by the killing or wounding of sheep or lambs, by dogs. Whoever keeps a dog without a license and collar is subject to a forfeiture of ten dollars. It is the duty of Constables and Policemen to kill all dogs found not licensed and collared. From this, it would seem that dogs are not "entitled to life, liberty, and the pursuit of happiness," unless they happen to belong to some one able to license and collar them. S/ieep.-Any person who shall knowingly bring into this State, sheep hlaving any coiitag(iozs disease, is subject to a penalty of not less than fifty dollars, and on failure to pay the samine, may be imprisoned in the county jail not exceeding three months; and any person who shall allow his sheep to run at large, on the highway, knowing them to have a contagious disease, is subject to a penalty of not less than fifty nor more than one hundred dollars; and in default of payment may- be imprisoned in the County Jail not to exceed three months. Q testi,ozs-In those Counties where cattle, horses, sheep and swine are prohibited from running at large, what provision is made for seizing such animals when at large? What proceedings are had to effect a sale of such animals? What is done with the proceeds of the sale? MIay the owner redeema the animals when sold? On what terms imay the ownerprocure the possession of animnals seized, for running at large contrary to law? What are warehousemien and eother bailers re-quired to do in regard to property consigned to them? Under what circumstances may such goods be sold? How are such sales effected? What disposition is made of the moneys arising fromn the sale? What powers have township and village boards ith reference to theatrical exhibitions and shows? What is the penalty 105 al CItL GO-EI, NMEN T. for setting up or prciloting such shows or ~xhilt,tions w ithout a license, or contrary to the terms of such license? W'hat rcigulatiors ialy the inhabitants of townships and villages make concerriIl, the keeping cf glinpowder? AV hat can yon say in reference to the dog-license law? WVhat is the penalty for importing diseased sheep? For allowing such sl,eep to run at large in the highways? CHAPTER XLVII. LAWS FOR TlE' PROTECTION OF FISH. It is unlawful to put into any of the waters of the State, where fish are talker, any ofit:, blood, putrid brine, putrid fish or filth of any description. The penalty for a violation of this law, is a fine not exceeding three hundred dollars, or imprisonment not exceeding thirty days, or both, at the discretion of the Court. All fish, offal or filth accruing from the catching and curing of fish, must be burned or buried ten rods distant from the beach or shore of the river or lake. The spawvi taken from call w/itefJish caught shall be forthwith deposited in the waters near the spawning places from which the fish were taken. For a violation of the provisions of law mentioned in either of the last two paragraphs, the offender is subject to a penalty of not more than one hundred dollars, nor less than twenty-five dollars, and costs, or to imprisonment in the county jail for a period not exceeding thirty days, or both, at the discretion of the Coui't. The Boards of Supervisors of the several counties have the power to make rules and regulations for fishing with nets and all mnanner of fishing tackle, in those counties where the 1('f6 (;IVXIL GOVERN-MENT. law does not, by express terms or by reasonable implication, deprive them of this power. The Boards, except in those counties referred to in the preceding paragraphs, and to which reference will be made hereafter, are authorized and required to grant, on the application of any ti(t)tsic)zt or.o-esi(le person or persons, a written permission or license for one year, for each and every pound or trap net used, on payment of fifty dollars. A law was passed in 18(67, to prevent fishing with seines and every kind of continuous nets, in the waters of the counties of Branch, Livingston, Cass, St. Joseph, Kent, Ionia, Genesee and Calhoun, or in any of the lakes, rivers or streams of Maceomb county, under a penalty of not more than one hundred dollars, or imprisonment in the county jail not more than sixty days, to be determined by the Court. A similar act was passed in 1865) with reference to fishing, in the counties of Jackson, Hillsdale, Washtenaw, Van Buren, Calhoun, Kalamazoo, Barry, Eaton and the townships of Rollin, Medina, Seneca, Dover, Hudson, Cambridge, Franklin and Woodstock, in Lenawee county At the same session of the Legislature, an act similar to the foregoing was passed, applying to all the inland lakes or small streams of all the territory of the State. according to the United States' survey, north of the township line numbered twenty, north. The law makes it the duty of the owners or occupants of mnill-damns to construct proper sh'etes, to admit the passage of fish during the months of April, May and June. A failure to do this subjects the person in (lefcttlt to a fine not exceeding, one hundred dollars, or imprisonment in the county jail not exceeding ninety days. It is unlawful for any person to place a theii (z, fish wceir or weir net, across any race, drain, streami, or inland river of this State, so as to obstruct the free passage of fish up and 10, (CIVIL GOVERIN.ENT. down the same; and the offender is subject to a fine of not less than five nor more than fifty dollars, for each offense, and also to the payment of two dollars additional penalty for every day he shall continue to keep up such fish weir or weir net, after having been notified by any elector of the township wherein su(:h fish weir or weir net may l)e, feeling himself aggrived thereby, to remove the same. By the provisions of an act passed in 173o, it is unlawful to kill, at any time, by means of nets, traps or seines, in any inland lake, river or stream, or by any other means, between the first day of October and the first day of April next succeeding, any speckled trout or grayling. The penalty for a violation of this provision is a fine not exceeding one hundred dollars, nor less than twenty-five dollars, or imnprisoninent in the county jail not exceeding thirty days, or both, at the discretion of the Court. In 187.3, the Legislature passed an act to establish a Board of Commissioners to increase the product of the fisheries. This Board is required to locate a State fish-breeding establishliment, for the ati-ficia'(tl 1)'opa/actio~t and cultivation of white-fish, and such other kinds of the better class of food fishes as they may direct. The duties of this Board have been referred to in a preceding chapter. Qzt.,ot.-N-What materials shall not b)e put into the waters of this State, where fish are taken? What is the penalty for violating this provision? What must be done with offal, etc., which accrues from the catching and curing of fish? What must be done with the spawn, in certain cases? What is the penalty for refusing or neglecting to dispose of the offal, &c., and of the spawn, as directed? What powers have Boards of Supervisors in relation to fishing? What is said of the law of 18(i7? Of the acts of 1865? What is said of the construction of shutes? Of weir dams and weir nets? What is said of the act of 1873, with reference to a Board of Fish Commissioners? 108 CIVIL GOVLERN-IENT. CHAPTER XLVIII. OF TIE PROTECTION- OF GAME AND MIUSK-RATS. It is provided by law that no person or persons shall pursue, or hunt, or kill any wild elk, wild buck, doe, or fawn, save only during the months of October, November, and December in each year; or kill or destroy by any means whatever, or attempt to take or destroy any wild turkey at any time during the year, except in the months of September, October, November, and December in each year; or kill or destroy, by any means whatever, any woodcock until after the fifth of July; or any prairie chicken, or pinnrated grouse, ruffled grouse, commonly called partridge or pheasant, or any wood duckl, teal duck, or mallard duck, save only from the first day of September in each year to the first day of January next following. It is also provided that no person or persons shall kill or destroy, or attempt to kill or destroy, any quail, sometimes called Virginia partridge, except during the months of October, November, and Decemnber in each year. The law also provides that no person shall kill, or attempt to kill, any wild duckl, or other wild fowl, with or by means of a siciLl or I)tot(f gun, or rob or destroy the nests of any wild duck or wild geese, or in any nianner kill or molest the same while they are sitting at night on their nesting places. No peison shall sell, or expose for sale, any of the birds or animals protected by this act, after the expiration of thirty d(lays next succeeding the times limited and prescribed 1l9 (CIVIL GOVEIRNSENT. for the killing of any such birds or animals: ]5'ovi(r?, Ihoce,i, That it shall be lawful to expose for sale, and to sell, any live quail for the purpose of preserving the same alive through the winter. Any person violating any of thie foiregoing provisions, is deemed guilty of a n&cc to., and is liable to a penalty of fifty dollars for each offense, and on conviction thereof, is to be committed to the common jail until such penalty is paid; }iIo?'i(((C(, that the imprisonment shall not exceed thirty days. All persons within this State are prohibited from killing any robin, night-hawk, whippoorwil], finch, thrush, lark, sparrow, cherry-bird, swallow, yellow-bird, blue-bird, brownthrasher, wren, mnattin, oriole, wood-pecker, bobolink, or any song bird, and from robbing the nests of such birds, under a penalty of five dollars for each bird so killed, and for each nest robbed. Any person or company having a]ny of the above named birds or animals in their possession for transportation, or who shall transport the same, after the expiration of thirty days next succeeding the times limited and prescribed for the killing of such birds or animals, is liable to be punishled by a fine not less than ten dollars, nor more than one hundred dollars. This penalty, however, does not apply to the trainsportation of quails which are to be kept alive during the winter, nor to the transportation of such birds or animnals ii ti'a(nsitit through this State fiom other States, where it is lawful to kill them at the time of such transportation. All persons are prohibited from using guns or other firearnlis, to miaim, kill or destroy any wild pigeon or pigeons at or within one-half mile of the place or places where they are gathered in bodies for the purpose of brooding their young, known as pigeon nestings; and no person shall in any way 110 CIV-IL (GOVEi-NXMIENNT. main, kill, or destroy any wild pigeon or pigeons within their roostings any where within the limits of this State; and any person who shall violate the law in this particular is subject to a penalty of fifty dollars, with costs of suit. Any persons violating any of the provisions of this act, may be prosecuted before any Justice of the Pea(!e of the county in which such violation is alleged to have taken place, or before any cour't of conpetent jurisdiction; and it is made the duty of all Prosecuting Attorneys in this State to see that the provisions of this act are enforced in their respective counties, and to prosecute all offenders, on receiving information of the violation of any of the provisions of this act; and it is made the duty of Sheriffs, Under-Sheriffs, D)eputy-Sheriffs, Constables, and Police officers, to inform against and prosecute all persons, whom there is probable cause to believe are guilty of violating any of the provisions of this act. These provisions do not apply to any person who shall kill any of the birds or animals named, for the sole purpose of preserving them as specimens for scientific purposes, nor to any person who shall collect the eggs or nests of any bird for such scientific purposes. The prosecution in any such ease is not required to prove that the killing of the bird or animal, or the taking of the nest or eggs, as the case may be, was not done for scientific purposes. All prosecutions under this act must be brought within three months from the time the offense was committed. The statute also provides against the destruction of musk-rats and musk-rat houses in the marshes, along the shores of Lakes Erie, St. Clair, Iuron, and Miehigan, or in or on the bankIs of any bayous or creeks tributary thereto, between the fifteenth day of April and thle first d(lay of Janu III CIVIL GOVERNMIENT. ary, under a penalty of three dollars for each musk-rat so killed, or destroyed. Penalties for the violation of this act my be sued for in the name of the people of the State of Michigan, before any Justice of the Peace in the county where the alleged offense was committed, and such suit shall be carried on in the same manner as prosecutions for other misdemeanors. Penalties are to be paid into the treasury of the county where the offense was commenced, for the support of the township libraries of the counity. It is provided that this act shall not be so construed as to prevent the catching and killing of any animals specified in the foregoing sections, where there is danger of their doing injury to property, either public or private. Q le.Ntions.-What is said, in the first parag,raph of this lesson, of the killing, pursuing, or hunting of certain animals? During what months may these animals be killed? What is said of the killing of birds? What name is sometimes given to the quail? During what imonths may these be killed? Why this provision? What is mieant by a swivel or punt gun? What is said of the sale of these blird-s ()or animals? WNhat exception is made in respect to the sale of these t)irds or animls, and why? What penalty is attached to the violation of this act? What song birds may not be killed? Is the penalty the same for robbing nests, as killing birds? What is said of transporting birds? What is the penalty for violating this act? What exception to this penalty? What is said of killing or destroying pigeons? What are the platces called where pigeons brood? What is the penalty fori killing these birds or destroying their nests? What is the duty of the Prosecuting Attorney in this matter? What is the duty of other officers relative to such prosecutions? To whom do these provisions not apply?' What is the prosecrtion not required to prove? Within what time ml'ist prosecutions 1)a brou,ght undev this act? What is the law relative to the (estriction of musk-rats? To what portions of the State does this act apply? State the penalty for its violation? Hlow are such penalties secured? To what are such penalties applied? State the exceptions to the provisions of this act. ill-) CIVIL GOVERAIMENT. CHAPTER XLIX. TRESPASS UPO-N ICRdNBERRY M3ARSHES-CANADA TIIISTLES, DESTRUCTION OF. It is unlawful to enter upon the premises of another, without permission, to take and carry away cranberries or cranberry vines, or to injure them in any way. To do so, subjects the offender to imprisonment in the countyjail, not less than five days, or to a fine of not less than five dollars, or both, in the discretion of the Court; and if the offense is committed on the Sabbath, or in the night time, or while the offender is disguised, the fine is not less than ten dollars and the imprisonment not less than ten days, or both, at the discretion of the Court; and any such person is also liable to the owner or occupant of the premises, in three times the amount of the actual damages. Ccintcae(a Taistles.-The owner or occupant of lands is required, under a penalty of ten dollars, to cut down and destroy all Canada thistles growing upon such land, or upon the highway running through or by such land, so often as shall be necessary to prevent them from going to seed. Overseers of Highways and Highway Commissioners are required to cause all such thistles to be destroyed within their respective townships and districts. Any person who shall knowingly sell any grass or other seed, among which there is any seed of the Canada thistle, shall be liable to a fine of twenty dollars. Q?testions-What is said in relation to trespasses upon cranberrny mnarshes? Wvhat circumstances,are considered as an aggravation of the offense? What are the owners or occupants of lands required to do with reference to Canada thisles? What officers are to attend to the destruction of Canada thistles? What is the penalty for selling seeds containing seed of the Canada thistle? 113 114 C;L GOVEMET. ChAPTER L. INrTO lCY[AT[NiA I-It2L[IUOIS5-AXUFACTUAE AN I) SALE OF, I'ROI-IIBITED. It is unlawful to manufacture or sell, in person, or by his clerk or agoent, spirituous or intoxicati)g liquors, exceI)t as provided by law. It is not unlawful to manufacture alcohol containing not less than eighty parts in the hundred of pure alcohol. I)Druggists, who have given bonds, as the law requires, not to sell any spirituous or intoxicatitng liquors, or any mixed liquor, a part of which is spirituous or intoxicating, except to be used as a medicine, as a chemical agent in scientific, mechanical or manufacturing purposes, or wine for sacramental purposes; nor to sell the same to any person whom he knows, or has good reason to believe, intends to use it as a beverage, or to any person to be drunk, for any purpose, upon the premises; nor to minors, unless upon the written order of his father, mother, guardian, or family physician, may sell such liquors according to the conditions and subject to the limnitations of such bonds. Manufacturers of alcohol manufactured in accordance with the provisions of law, may sell such alcohol to persons who have given such bonds as are mentioned above. It is not unlawful to make cider fromnt apples, or wine from grapes or other fruits grown or gathered by the manufaeterer thereof, or of beer made in this State, and free from all other intoxicating liquors; but in no case shall such beer be sold in less quantity than five gallons, or such wine or cider be sold in less quantity than one gallon, and sold to be, and be all 114 ('IV\L (XOVEtN MENT. 1 taken away at one time; aind all sales of such beer, in less quantities than five gallons, or of such wine or ci(le, in less quantity than one gallol, to be drunk or used on the premnises, shall be an unlawful sale. It is not unlawful to sell liquors that are of foreign production, antd which have been imported under the laws of the United States, and in accordance therewith, and contained in the original packages iii which they were imported, and in quantities not less thanrl thie laws of the United States prescribe. All payn)enits foi liquois sold in violation of law niay be recovered back, by the person paying the same, his wife or any of his children, or his parent, guardian, husband, or employer; and all sales, notes, securities, or the like, inade or given where the consideration thereof, either in whole or in part, shall have been the sale or agreement to sell, liquor, contrary to law, shall be voi(d, against all persons, and in all cases, except only as against the holders of r-egotiable securities, or the purchasers of property who may have paid therefor a fair price, and received the same upon a valuable and fair consideration, without notice or knowleege of such illegal consideration. Where a person, by reason of intoxication, inflicts an injury upon the person or property of another, the injured party may recover his damages against the person furnishing the liquor that may have caused or contributed to the intoxication of such intoxicated person. And the owner or lessee of buildings having knowledge that intoxicating liquors are to be sold therein at retail as a beverage, are equally liable with the seller for damages resulting from such sales. The giving away of intoxicating liquors, or any other shift or device, with intent to evade the law, shall be deemed an unlawful selling, and every person who, as clerk, agent or 115 ( IVILT (4OVERNMENT. servant of anothler, shall sell any such liquor, shall be deemed(I equally guilty as his principal. If any person shall knowingly solicit or encourag,e any person, who has previously used intoxicating drinks htbituilly or injuriously, to use as a beceiJ'q/e any such liquors, or if he shall voluntarily, directly, or indirectly, give any such liquors, or cause the same to be given to such person, or shall, with the intention of having such person (driink or use them, place any such liquors, or cause or procure the same to be placed where such person may obtain them, to be used as a beverage, such person so offending shall be subject to the penalties and forfeitures provicded against selling such liquors. The statute provides that persons found intoxicated may be compelled to appear before a Justice of the Peace, and disclose where and of whom he procured the liquors. It is also provided that any person found drunk in a public place, may be fined five dollars. The keeping or selling of liquors contrary to law, subjects tile offender to a penalty of twenty-five dollars and costs; for the second offense, fifty dollars and costs; and for each subsequent offense, a fine of one hundred dollars and imprisonment in the county jail, not less than three nor more than six months. It is provided that common sellers and manufacturers of liquors in violation of law, shall, on each conviction, forfeit and pay double the amount specified in the last preceding section, with costs of suit or prosecution; and that for the third, or any subsequent conviction, shall, in addition to the forfeiture, be imprisoned for six months. The law prohibits the employment of persons upon railroads who use intoxicating drinks as a beverage, under a penalty of twenty-five dollars, where the officers of the corn 11(i CIVIL GOVERNIMENT. pany know that such employee uses such liquors as a beverage. If any person shall Ibring into any jail any intoxicating liquors for sale or for the use of any prisoner, unless the same shall be certified to be absolutely necessary for the health of such prisoner, or if any officer or person employed in or about such jail shall knowingly permit any spirituous liquor to be sold or used in jail, contrary to law, such officer or person shall be subject to imprisonment not exceeding one year, or a fine not exceeding two hundred and fifty dollars, or both, in the discretion of the Court. Questions-State what grade of alcohol may be la, fully manufactured. What is said as to the sale of liquors by druggists? What is said of the sale of alcohol by manufacturers? What is said of the manufacture of cider, wine and beer? What is said of the sale of these articles? What is said of liquors of foreign product:on? By whom may moneys paid out for liquors, in violation of law, be recovered? What of securities given for liquors? Who are liable for injuries inflicted by reason of intoxication? What is deemed equivalent to an unlawful sale of liquors? What is said of soliciting certain persons to use liquor as a beverage? What provision is made for procuring testimony as to where any intoxicated person procured his liquor? What is the penalty for being intoxicated in a public place? What is the penalty for keeping or selling intoxicating liquors contrary to law? What is the punishment for being a common seller or manufacturer of liquors contrary to law? What is the law in regard to the employment of persons addicted to the use of intoxicating drinks, by railroad companies? What is said of the sale of intoxicating drinks in jails? 117 8 CIVIL GOVERNME NT. CHAPTER LI. OF CRIMIES AND M3ISDEMEANORS-TREASO.NI-MURDER-DU ELS-MANSLAUGHTER- MAIMING- ROBBERY-MALICIOUS THREATS —MARRIAGE UNDER DURESS OR BY FORCE-UN LAWFUL IMPRISONMENT-KIDNAPPING. Persons accused of crime have the right to counsel and witnesses in open Court. An acqutittal, on a trial of the facts, is a bar to further prosecutions for the same offence. Treason against the State, that is, levyi)u war against it, or adhering to its enemies, giving them aid and comfort, is the highest crime known to our laws, and is punishable by death. Murder in the first degree, that is, the deliberate and preimeditated killing of a human being without cause, or the killing of a person while attempting to perpetrate any crime, rape, robbery, or burglary, subjects the offender to imprisolnment for life in the State Prison. Murder in the second degree, that is, where the act of killing is done intentionally but without that premeditation and deliberation which distinguish murder in the first degree, is punishable by imprisonment in the State Prison for life, or any number of years, in the discretion of the Court. I Fighting a duel, if death eis?,te, is murder in the first degree. Fighting a duel, although neither pailty be killed, or offering to fight one, subjects the offender to imprisonment in the State Prison not exceeding ten years, or by fine not exceeding one thousand dollars and imprisonment in the County jail not more than three years, and deprives the offender of 118 CIVIL GOVERNMENT. the right to hold any office under the laws of this State. The penalties of the law against dueling apply to seconds as well as principals. Indeed, all who in any way encourage the fighting of a duel are subject to heavy penalties. The crime of manslaughter, which consists in the killing of a human being, while under the influence of sudden pr.ovo cationi, or from heating of the blood, or stirring the passions to such an extent as to exclude the idea of )h(alice, is punish able by imprisonment in the State Prison, not more than fif teen years, or by fine not exceeding one thousand dollars. aIftimi,)g or disfig?tring, or attempting to maim or disfig ure another, with malicious intent, or aiding in the commis sion of the offence, is punishable by imprisonment in the State PrIison, not more than ten years, or by fine not exceeding one thousand dollars, or both. at the discretion of the Court. If a person r2obs another, such robber being armed with a dangerous weapon, with intent, if resisted, to kill or maim the person robbed. or if, being so armed, he shall wound or strike the person robbed, he shall be punished in the State Prison for life, or any number of years. If the robber be not armed, the punishment cannot exceed fifteen years imprisonment. If any person shall maliciously threaten to accuse another of any crime or offence, or to injure the person or property of another, with intent thereby to extort money or any pecuniary advantage, or vith intent to compel the person so threatened to do any act against his wvill, he shall be punished by imprisonment in the State Prison, or in the County Jail, not exceeding two years, or by fine not exceeding one thousand dollars. If any person shall take any woman unlawfully and against her will, and by force, menace or &tress, compel her to marry him or any other person, he shall be punished by 119 CIVIL GOVERNMENT. imprisonment in the State Piison for life or any term of years. Imprisoning a person without lawful authority, or forcibly carrying such person out of the State, subjects the offender to imprisonment in the State Prison for a term not exceeding ten years, or by fine not exceeding one thousand dollars. The law against seduction, rape, and kindred crimnes, is justly very severe, the penalty being imprisonment in the State Prison. To entice a girl under the age of sixteen years, away from father, mother, guardian, or other person having legal charge of her, for lustful or other base purposes, or for marriage, subjects the offender to imprisonment in the State Prison not exceeding three years, or by imprisonment in the county jail not exceeding one year, or by fine not exceeding one thousand dollars. Questions.-To what have persons accused of crime, a right? What is the effect of an acquittal? What is treason against the State? What is the penalty? Define murder, and state the penalty therefor. What is murder in the second degree? The penalty? What is said of dueling? Of challenges to fight duels? To what parties does the law against dueling apply? What is manslaughter? The punishment therefor? What is maiming? What is the penalty therefor? What is said of robbery? Of malicious threats? What is the penalty for compelling a woman to marry against her will? What is the penalty for unlawfully imprisoning or carryirg a person out of the State? 120 ik CIVIL GOVERN-.IENT. CHAPTER LII. OF CRIMIES AND MIISDEMIEANORS, CONTINUED-ATTEMPTS TO POISON-TAKING OR ENTICING CHILDREN AWAY FROM PARENTS OR OTHERS —tABANDONMENT OF CHILDREN CARELESS USE OF FIRE-ARMS. Mingling poison with food, drink or medicines; to take or to entice away any child under the age of twelve years, with intent to detain or conceal such child from its parent, guardian, or other person having the lawful charge of such child, are crimes punishable by imprisonment in the State Prison not more than ten years, or by imprisonment in the County Jail not more than one year, or by fine not exceeding one thousand dollars. Any person having a child under six years of age in charge, who shall expose such child in any street, field, town, or other place, with intent to abandon it, he or she shall be punished by imprisonment in the State Prison not mnore than ten years. Pointing a gun at another, intentionally, but without malice, subjects the offendcr to a fine of not less than five nor more than fifty dollars. If in such case the gun be dis. charged, without injury, thie offender is liable to a fine of not less than one hundred dollars or imprisonment in the County Jail not to exceed one year, or both, at the discretion of the Court. If death ensue from such discharge, the offence is deemed manslaughter. The statute makes provision for the punishment of persons who attempt to commnit crime, even though they may 121 CIVA'IL GOVERNMIENT. fail to accomplish their purpose; and such punishment is graded according to the gravity of the crime attempted. Que8stion8. -What is said with reference to mingling poison with food, drink, or medicine? Of enticing children away from parents or guardians? Of the careless use of fire-arms? Is there any punishment prescribed for attempting to commit crime? .. _ # I CHAPTER LIII. OF OFFENSES AGAINST PROPERTY-BURNING BUILDINGS AND OTHER PROPERTY- HOUSE-BREAKING, &C.- LARCENY RECEIVING STOLEN GOODS-EMBEZZLEMENT. Maliciously burning a dwelling-house of another in the night-time, if any person be lawfully within such house at the time, subjects the offender to imprisonment in the State Prison for life. If no person be in such house, or if the dwelling be burned in the day-time, the punishment is im prisonment for any term of years, to be fixed by the Court. Maliciously burning in the night-time, any meeting-house, church, court-house, college, academy, jail, railroad depot, or other public building erected for public use; or any banking-house, warehouse, store, manufactory, or mill of another, being, with the property therein contained, of the value of one thousand dollars, subjects the offender to imprisonment in the State Prisonr for any term of years. If the burning be in the day-time, the imprisonment cannot exceed ten years. It is unlawful to burn any biidge, lock, dam, oi' e(I, or any ship, boat, or vessel of another, or to burn any wood, 122 CIVIL GOVERNMENNT. lumber, fences, grain, or other vegitable product of another, or to burn any property to defraud insurance companies; and in all such cases appropriate penalties are attached to a violation of the law. Breaking and entering a dwelling-house in the night time, with the intent to commit any felony or Iatrceiiy, is an offence, punishable by imprisonment in the State Prison not more tham twenty years. If the burglar is armed and assaults a person being lawfully in such house, it is deemed an aggravation of the offense. The breaking and entering of any dwel]ing-house, shop, store, railroad depot, warehouse, ship, boat, vessel, mill, school-house, or factory, with the intent to comnmit a felony or larceny, is deemed a State Prison offense, and when committed in the night-time the act is deemed more heinous. Stealing from a dwelling or other building, or at a fire, or from the person of another, are deemed aggravated cases of larceny, and are punishable by imprisonment in the State Prison. Other cases of larceny, unless the value of the property stolen exceeds twenty-five dollars, are punishable by imprisonment in the county jail, or by fine; the penalty for a second, or any subsequent offense, being more severe. The buying, receiving, or concealment, of stolen property, knowing it to have been stolen, subjects the offender to imprisonment in the State Prison not more than five years, or by fine, not exceeding five hundred dollars, and imprisonment in the county jail not more than one year. Persons, who, by virtue of their employment, come into possession of personal property, and appropriate it to their own use, are guilty of embezzlement, and may be punished by imprisonment in the State Prison, or by fine and imprisonment in the county jail. 123 CIVIL GOVERNMIENT. Questiot,qs.-What is said of the burning of dwelling-houses in the night time? Of other buildings? Of the burning of bridges, locks, &c.? What is said of breaking into and entering a dwelling-house in the night time? Of breaking into other buildings? Mention certain aggravated cases of larceny. What is said of buying, receiving, or concealing stolen property? Of embezzlement? CHAPTER LIV. OF CRIM3ES AND MISDEM3EANORS.-FALSE REPRESENTATIONS AND PRETENSES.-DESTRUCTION AND FITTING OUT OF VES SELS, WI TH MALICIOUS INTENT. —MALICIOUS INJURIES. BURGLAR'S TOOLS.-LARCENY IN OTHER STATES.-INJURIES TO SHADE TREES.-OF CERTAIN TRESPASSES. Every person who shall falsely personate another, and thereby receive property with the intent to convert it to his own use, is guilty of larceny. Obtaining property under false pretenses, or tokens, is an offense punishable by imprisonment in the State Prison not exceeding ten years, or by fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding one year. The willful destruction of vessels, with intent to injure another, is punishable by imprisonment in the State Prison not more than fifteen years. Fitting out vessels, with intent that they shall be destroyed, or to defraud the owner, or insurer; making a false invoice of cargo, with like intention; making, or procuring a false protest, with intent to injure or defraud any insurer, are deemed offenses, punishable by imprisonment in the State Prison, or by fine and imprisonment in the county jail. 124 ...W.. A C-IVL GOV-ERINMENT. Malicious injuries to beasts, or other property; willful trespasses, by cutting or destroying wood, timber, grain and fruits, are offenses which subject the offender to severe penal ties, as will be seen by reference to Chapter 245 of the Com piled Laws of 1871. It is an offense for a person to have in his possession tools that are adapted and designed for use in breaking open buildings, vaults, safes, or other depositories in order to steal therefrom, and subjects the offender to imprisonment in the State Prison not more than ten years, or to fine not exceeding one thousand dollars and imprisonment in the county jail not more than one year. Stealing property in another State and bringing it into this, subjects the offender to the same punishment as if the offense were committed in this State. Willful, or malicious injury to shade trees, where the damage amounts to twenty-five dollars, subjects the offender to imprisonment in the State Prison not exceeding five years, or by fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding one year, at the discretion of the court. The removal or disposition of mortgaged property, with intent to defraud the person owning the mortgage, is a misdenea,)or, and is punishable by fine not exceeding one hundred dollars, or by imp risonnient in the county jail not exceeding three months, or both. Willfully destroying or removing timber from the lands of another, amounting to twenty-five dollars in value, subjects the offender to imprisonment in the State Prison not more than one year, or by fine not more than five hundred dollars, or by imprisonment in the county jail not more than one year. If the value of the timber or trees so taken is less than twenty-five dollars, the fine cannot exceed one hundred 125 CIVIL GOVERNMENT. dollars, or the imprisonment three months in the county jail To enter a vineyard during the months of August, September, or October, and eat or carry away any of the fruit therefrom, without the consent of the owner or occupant, is all offense, and the penalty a finee of five dollars, or twenty d(lays imprisonment in the county jail, or both. Questwon.s.-What is said of falsely personating another? Of obtaining property under false pretenses? Of the destruction and fitting out of vessels with certain intent? Of false invoice of cargo, or false protest? Of malicious injury to property? What is said of having burglar's tools in one's possession? Of stealing property in another State, and bringing it into this? What of injuries to shade trees? Of the destroying or removal of timber from other's lands? Of trespasses in vineyards? CHAPTER LV. OF CRIIES AND MIfSDEMEANORS, CONTINUED.-OFFENCES UPON,. AND IN RELATION TO RAILROADS AND CARS. Any person who shall place upon any railroad any obstruction, or loosen, or displace any rail of the track of such railroad, or do any other act, with intent to endanger the safety of any person traveling, or being upon such railroad, or to throw from such railroad any locomotive, tender, or car, moving along the track of such railroad on which shall be any person, or property, liable to be injured thereby, shall be punished in the State Prison for life, or for a term of years. Stealing from persons, or cars while detained on account of accident or injury to such cars or to a railroad, subjects the 126 i. CIVIL GOVERN.MENT. offender to imprisonment in the State Prison not exceeding twenty years, or by fine not exceeding three thousand dollars, or both, at the discretion of the court. Maliciously uncoupling, or detaching the locomotive, tender, or cars of ally railroad train, or to aid, or abet in doing of the same, by persons not in the employ of the railroad company, subjects the offender to imprisonment in the State Prison, not exceeding ten years, or by fine not exceeding two thousand dollars, or both, at the discretion of the court. Seizing upon any locomotive with any express or mail car thereto attached, and running away with the same, upon any railroad, is a State Prison offense-term not to exceed ten years-or the offender may be fined not exceeding two thousand dollars, or both, as the court shall deterinine. Questions.-What is the law in relation to placing obstructions upon railroads? Of stealing from cars, or persons when detained, from injury, or accident? Of uncoupling cars? Of stealing locomotives? A * 0 _. CHAPTER LVI. OF FORGERY AND COUNTERFEITING. Forgery consists in making something in the likeness o something else, and designed to represent that which it is not. It is defined in the law books as the "making of any written instrument for the purpose of fraud and deceit." It may consist either in counterfeiting some writing or printed matter or in setting a false name to it, to the prejudice of another. If a signature to a paper be genuine, yet if the instrument 127 CIVIL GOVERNXMENT. written or printed over it is not authorized by the signer, the forgery may be complete; or if the instrument be changed without authority, after it has been executed, such change may constitute a forgery. The forging of instruments, or records, designed to affect the legal rights of others, with intent to defraud or injure any person, subjects the offender, on conviction, to imprisonment in the State Prison not more than fourteen years, or in the county jail not more than one year, depending upon the character of the instrument forged, and the circumstances surrounding the particular case. The uttering or putblishing of forged instruments is punishable the same as for the forgery. If any person shall have in his possession at the same time, ten or more similar false, altered, forged, or counterfeit notes, bills of credit, bank bills, or notes, payable to the bearer thereof, or to the order of any person, knowing the same to be false, altered or counterfeit, with intent to uttter the same as true, and to injure and defraud, he shall be punished by imprisonment in the State Prison not more than seven years, or in the county jail not more than one year. Every person is liable to be punished by imprisonment in the State Prison not more than ten years, or by fine not exceeding one thousand dollars and imprisonment in the county jail not more than one year, who shall engrave make, or mend, any instrument, or shall provide any material adapted or designed for the forging of notes, certificates, or other bills of credit, or the like, as specified in Chapter 246 of the Compiled Laws of Michigan of 1871, or who shall have such plates, or materials in his possession, with intent to use the same, or to permit them to be used in effecting such forgery. Counterfeiting gold or silver coin, or having five or more 128 CIVIL GOVERNMENT. pieces of false money, or coin, knowing the same to be counterfeit, and with intent to utter or pass the same as true, shall be punished by imprisonment in the State Prison for life, or for any number of years. Any person having in his possession any numnber of pieces less than five, of counterfeit coin, knowing the same to be counterfeit, with intent to pass the same as true, or passing, or offering to pass, any such coin, subjects the offender, on conviction, to punishment in the State Prison, not more than ten years, or by fine not exceeding one thousand dollars. The mnaking, or knowingly having in one's possession, tools for making counterfeit money, with the intent to use them, or to permit them to be used or employed in coining or making counterfeit money, subjects the offender, on conviction, to punishment in the State Prison not more than ten years, or by fine not exceeding one thousand dollars, and imprisonment in the county jail not more than one year. Questions. -What is forgery? What is the penalty for forgery? What is meant by the uttering or publishing of forged instruments? The penalty? What of having in one's possession forged notes, bank bills, &c.? What provision is made with reference to making or mending implements for making counterfeit bills, &c.? Of the law as to persons who have the possession of such tools? What is the law with reference to the counterfeiting of coin? Of having counterfeit coin in one's possession? What is said of the possession or manufacture of tools for counterfeiting? 12.9 CI0VIL GOVERNMENT. CHAPTER LVII. OF OFFENCES-AGAINST PUBLIC JUSTICE.-PERJURY. —BRIBERY ESCAPES OF PRISONERS.-DUTIES OF OFFICERS AND OTHERS IN ARRESTING OFFENDERS. If any person authorized by the statute of this State to take an oath, or if any person of whom an oath shall be requlired by law, shall willfully swear falsely in regard to any matter or thing respecting which such oath is authorized or required, such person shall be deemed guilty of perjury. The punishment for perjuiy, if committed on tile trial of treason against the State, is imprisonment in the State Prison for life, or any term of years, and if committed in any other case, by iml,pisonment in the State Piison not more than fifteen years. 1'ersons who procure others to commit perjury are subject to the samie penalty as those who commit peijury. If any. person shall attempt, though unsuccessful, to induce a person to commit perjury, he shall be punished by imprisonment in the State Prison not more than five years, or imprisonment in the county jail not more than one year. To give, or to offer to any Legislative, Judicial, or Executive officer any gift or gratuity, with intent to influence his official action, vote, or opinion, subjects the offender to imprisonment in the State Prison not more than five years, or by fine riot exceeding three thousand dollars and imprisonment in the county jail, not more than one year. To accept a bribe, by such officers, with the understanding that his vote, decision, or opinion, shall be given in a par 130 (IVNIL (GOVERNMI1NT. ticular manner, or upon a particular side of a question, subjects the offender to imprisonment in the State Prison not more than ten years, or by fine not exceeding five thousand dollars, and imprisonment in the County Jail not more than one year. The giving, offering to, or taking bribes, by jurors or others, not included in the preceding paragraphs, who act in an official capacity, is punishable by imprisonment in the State Prison not exceeding five years, or by fine not exceeding one thousand dollars, or by imprisonment in the County Jail not more than one year. Aiding persons lawfully imprisoned, or in custody, to escape, subjects the offender to severe punishment, depending upon the nature of the offence with which the prisoner is charged, and the manner in which such assistance is rendered. This punishment varies, and may be a fine not exceeding five hundred dollars, imprisonment in the County Jail, not exceeding one year, and in some cases, imprisonment in the State Prison not exceeding seven years. Jailors and others, having the lawful custody of prisoners, are liable for voluntarily, or negligenitly, permitting them to escape. If the act is willful, the officer is liable to suffer the like punishment as the person he permits to escape. Officers required to arrest offenders, or to serve any process, are subject to severe penalties and even imprisonment, in some cases, for two years in the county jail, for refusing to make such arrest or serve such process. Sheriffs, Coroners, and Constables have a right to call upon any person or persons to assist them in the execution of their office, in any criminal case, or in the preservation of the peace, or the arresting of any person for a breach of the peace, or in case of escape of persons arrested upon civil process; and to refuse such assistance, subjects the offender, on conviction, to 131 CIVIL GOVERNMENT. imprisonment in the county jail not more than six months, or by fine not exceeding one hundred dollars. The same penalty may be incurred by refusing to obey a Justice of the Peace, who may order the arrest of persons guilty of a breach of the peace. Qttestions.-What is. perjury, under the statutes of Michigan? What is the penalty? What is said of procuring, or attempting to procure others to commit perjury? What is the law in relation to bribery? In relation to aiding prisoners to escape? Permitting them to escape? How may officers be punished for refusing to discharge certain duties? What right have certain officers to assistance? What is the penalty for a refusal to render such assistance, or lo obey the order of a Justice of the Peace in relation to the arrest of disturbers of the peace? 1-3) CIVIL GOVERNMENT. CIlAPP'E R LVIII. OF ('EIITAIN OFFENCES —FALSELY ASSUMNING TO BE A'UtlLIC OFFIDEI[ -CON(CEALIXNG 0Of COMlPOUNDING OFFENCES-EN TORTION BY OFFICER S-ItRESISTANCE TO OFFICERS-RIOTS AI-MOLESTATION- OF LAnBORIERS.. If any person shall falsely take upon himself to act or officiate in any office or place of authority, he shall be punislhedl by imprisonmlent in the county jail not more than one year, or by fine not exceeding four hundred dollars. Persons having knowledge of the commission of crimes, who, for a consideration, conceal such knowledge, or who attempt to settle and compromise such offence, so as to prevent a prosecution for the same, may be punished therefor-the punishment being graded according to the nature of the offence sought to be concealed or compromised, the highest punishment being imprisonment in the State Prison for five years. This, however, does not apply to cases of assault and battery, and other misdemeanors, where the settlement is effected by the injured party, who would have a remedy by a civil action, for damages. Officers who willfully and corruptly demand and receive for their services more than the law allows, may be punished for such extortion, by a fine not exceeding one hundred dollars. Resistance to officers engaged in the discharge of their duties, is an offence, and subljects the offender to imprisonment in the State Prison. not to exceed two years, or imprisonment in the county jail not to exceed one year, or fine not exceeding five hundred dollars. 9 133 CIVIL GOVERNMENT. The assembling together of persons to disturb the peace and quiet of the people, or to engage in any unlawful conduct, is an offence. See Chapter 248, of the Compiled Laws of 181I. Persons, who, by threats, inyitimidations, or otherwise, without authority of law, interfere with and molest mechanics and other laborers in the quiet and peaceable pursuit of their cavocations, may be punished by fine of not less than ten dollars, nor more than one hundred dollars, or by imprisonmient in the county jail not less than one month, nor more than one year, or by both fine and imprisonment, in the discretion of the court. Questions. -What is the penalty for falsely assuming to be an officer? What provision is made to prevent the concealing of crime? What is the law in relation to extortion by officers? In relation to resistance to officers? What is said of riotous assemblies and of efforts to molest mechanics and laborers while at work? . e.W. CHAPTER LVIX. OFFENSES AGAINST CHASTITY, MORALITY, AND. DECENCY. Acldtleery, polygamy, lewd and lascivious cohabitation of persons not married to each other; indecent exposure of one's person; seduction, and the like, are offenses against the law. The punishment thereof will be found stated in Chapter 249 of the Compiled Laws of Michigan. The ill effects of obscene books, or prints, upon the morals of those who allow themselves to read or even look upon them, is so apparent, that in most, if not all the States, 134 ('IVIL GOVERNMIENT. heavy penalties have been provided for the punishment of those who distribute, or have in their possession, such books or prints. In this State it is provided that if any person shall im poilt, print, publish, sell or distribute any book, pamphlet, ballad, printed paper, or other things, containing obscene language, or obscene prints, pictures, figures, or descriptions manifestly tending to the corruption of the [norals of youth, or shall introduce into any family, school, or place of educa tion, or shall buy, procure, receive, or have in his possession, any such book, pamphlet, ballad, printed paper, or other things, either for the purpose of sale, exhibition, loan, or circulation, or with intent to introduce the same into any family, school, or place of education, shall be punished by imprniisonment in the county jail not more than one year, or by fine not exceeding one thousand dollars. If any person shall willfully blaspheme the holy name of God, by cursing or co?tumeliously reproachiig God, he shall be punished by imprisonment in the county jail not more than six months, or by fine not exceeding fifty dollars. If any person who has arrived at the age of discretion shall profanely curse or damn, or swear by the name of God, Jesus Christ, or the HIoly Ghost, he shall, on conviction thereof, be punished by a fine not exceeding five dollars nor less than one dollar. Disturbing religious, or other meetings, where the citizens are peaceably and lawfully assembled, is an offense punishable by fine or imprisonment in the county jail. Provision has been made by law to punish those who, without legal authority, dig up, disinter, or remove the dead body of any human being. The penalty provided, is imprisonment in the State Prison not more than one year, or in the 135 CIVIL GOVERNM.ENT. county jail not more than one year, or by fine not exceeding two thousand dollars. Persons who engage in, or who aid, or encourage any prize-fight, are liable to be punished therefor by imprisonment in the State Prison not exceeding five years nor less than one year, or by fine not exceeding two thousand dollars, or by both fine and imprisonment, at the discretion of the court. It is also unlawful to be present at such fight, or to give, or publish notice thereof, or to invite any person to attend such fight, under a penalty of imprisonment in the county jail, or in the Detroit House of Correction not exceeding one year, or a fine not exceeding five hundred dollars. Selling unwholesome provisions without notice of their character to the buyer; acdulterating/ food, liquors, drugs, or medicines, are offenses subjecting the offender to a fine or imprisonment inl the county jail. Persons who sell poisons are required to affix to the vial, box, or parcel containing the same, a label which shall contain the true name of the article sold, and also the word "Poison." A failure to comply with this provision, subjects the offender to a fine not exceeding one hundred dollars. Persons selling poisons are also required, under a penalty not exceeding fifty dollars, to keep a record of the date of all such sales, the article and the amount thereof, andl the personI or persons to whom delivered, and their residence. If any person shall put the carcass of any dead animal, in any place within one mile of the residence of any person, except the same be buried at least two feet under ground, and permit the same to remain there to the injury or annoyance of the citizens, he shall, on conviction, be punished by a fine of not less than five nor inoire than ten dollars and costs. 1;0) 6 I 11... I I I. CIVIL GOVERNMENT. Questions. —What chapter of the Compiled Laws treats of offense against chastity? What provision of law is made with reference to obscene books and prints? What is the law in relation to blasphemy? The penalty for profane swearing? For disturbance of meetings, &c.? For violation of sepplltulre? For injuring tombs and memorials of the dead? What is the law ill relation to prize fighting? Selling unwholesome provisions? Adulterating food. liquors, &c.? What provision is made concerning the selling of poisons? In relation tothe burial of dead animals? CHIAPTER LX. OF OFFENSES AG.AINST PUBLIC POLICY.-LOTTERIES.-TELE GRAPtIC MESSAGES.-OFFENS ES AGAIXST ELECTION LAWS. CRUELTY TO ANIMIALS. It is unlawful to set up and promote, or in any way to aid or be concerned in setting up, managing or drawing of any lottery, or gift enterprise, or to sell tickets therefor; and it is provided that persons guilty of such offense shall be punished by a fine not exceeding two thousand dollars, or by imprisonment in the county jail not more than one year. Teley.apltic Jfessciyes.-Any person connected withl any telegraphic company in this State, who shall willfully divulge the contents, or the nature of the contents of any private communication intrusted to him or her, for transmission or delivery, or whlo shall willfully refuse or neglect to transmit or deliver the same, shall, on conviction therefor, suffer imprisonment in the county jail, or workhouse in the county where such conviction shall be had, for a term not more than three months, or shall pay a fine not to exceed five hundred dollars, in the discretion of the court. Offer,ses Afctiabst Election Law.s.-Oficers who willfully neglect their duties under the election laws, or who are guilty 137 . * -.-_ (SCIVIL GOVERNM-ENT. of corrupt conduct in executing the same, are liable to imprisoninent in the State Prison not exceeding three years, or to a fine not exceeding one thousand dollars. Perisons who by any corrupt means attempt to influence an elector in giving his vote are liable to a fine not exceeding five hundred dollars, or to imprisonment in the county jail not exceeding one year, or both, as the court shall direct. Persons who vote without a legal right to do so, and persons who attempt to persuade others to vote when they have no legal right to vote, may be fined, not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding one year, or both, in the discretion of the court. Persons unlawfully interfering with any ballot box, during the progress of an election, and before the ballots are counted and the result declared, or who shall fraudulently or forcibly add to or diminish the number of ballots legally deposited, and all persons aid(ling or abetting therein, shall be adjudged guilty of a misdemeanor, and on conviction thereof, shall be punished by imprisonment in the State Prison for a term not exceeding ten years, or by a fine not exceeding one thousand dollars. C(i?elty to Aliniinals.-Persons guilty of cruelty to animals may be punished by imprisonment in the county jail not exceeding one year, or by fine, not exceeding two hundred and fifty dollars, or both. Such cruelty may consist in over-driving, over-loading, want of food, drink, or shelter, want of protection from the weather, beating or mutilating, or in any other way by which the animal is tortured or tormented. Keeping a place for the purpose of fighting or baiting animals, is a misdemeanor. Thie law forbids the carrying, of live animnals with their legs tied together, or in any cruel andi inhuman manner. 138 ('IVIL GOVERNMENT. Railroad companies are not permitted to keep live animals in their cars for a longer period than twenty-eight cozseeutive hours, without unloading them for rest, water, and feeding, for a period of at least five consecutive hours, unless prevented from so unloading, by storm, or other accidental cause. Setting.# Fire to IVoocs, (&c.-Every person who shall willfully or negligently set fire to any woods, prairies, or grounds, not his own property, or shall willfully or negligently permit any fire to pass from his own woods, prairies or grounds, to the injury or destruction of the property of any other person, may be fined not exceeding one thousand dollars, or be imprisoned in the county jail not exceeding one year, or both, in the discretion of the court; and shall be liable to the party injured in double the amount of damages sustained. Questwions.-What is the law as to lotteries? Disclosing of the contents of telegraphic messages? What is the punishment for negligence or corruption on the part of election officers? For improperly influencing voters? For voting without legal authority, or attempting to persuade others to do so? What is said as to interfering with the ballot box? What is the penalty for cruelty to animals? Mention some of the acts or omissions constituting cruelty. What is said as to the mannier of carrying animals? What is required of railroad companies carrying live stock? State what is said as to setting fire to woods, prairies, or other grounds. CHAPTER LXI. DOMESTIC RELATIONS. ~afir-iaye a)?,(l -)ivorce.-If otherwise competent, males eighteen yearsof age,andfemales sixteenyears of aoe, are deemed capable in law of contracting mnarriage. 139 CIVIL GOVERNMEXT. No man shall marry his mother, grandmother, daughter, granddaughter, stepmother, grandfather's wife, son's wife, grandson's wife, wife's mother, wife's grandmother, wife's daughter, wife's grand daughter, nor his sister, brother's daughter, sister's daughter, father's sister, or mother's sister. No woman shall marry her father, grandfather, son, grandson, stepfather, grandmother's husband, daughter's husband, granddlaughter's husband, husband's father, husband's grandfather, husband's son, husband's grandson; nor her brother, brother's son, sister's son, father's brother, or mother's brother. No marriage shall be contracted whilst either party has a former wife or husband living, unless the marriage of such former wife or husband shall have been dissolved. No white person shall intermarry with a negro. Marriages may be solemnized by Justices of the Peace and Ministers of the Gospel; or, so far as relates to the manner, may be solemnized according to the usages of any society or denomination. D)ivorce.-All marliages prohibited by law on account of the relationship of the parties, or on account of either of them having a former wife or husband living; all marriages solemnized while either party was anl idiot or insane; all marriages between a white person and a negro, if solemnized within this State; all marriages solemnized when either party was under the age of legal consent, if they shall separate during such nonage, and not live together afterwards, or in case the consent of one of the parties was obtained by force or fraud, and there shall have been no subsequent voluntary coh(tbitaitio0 of the parties, shall be deemed void without any decree of divorce. A sentence to imprisonment for life, of either party, dissolves the marriage, without any decree of divorce. 140 CIVIL GOVERaNMIENT. The following are recognized by our statute as grounds for granting a divorce, to the aggrieved party _Fi}st. Adultery; Seco(al. Physical incompetency; Tlird(. Sentence of one of the parties to imprisonment for three years or more; }Jourth. When either party shall desert the other for a term of two years; i,-ftA. When either party shall have become an habitual drunkard. And the court may, in its discretion, grant a decree of divorce for the cause of extreme cruelty, or, on the complaint of the wife, where the husband neglects or refuses to support her, being able to furnish such support. The court will not grant a divorce to a party who is shown to be guilty of the same crime or misconduct charged against the defendant. During the pending of a suit for divorce, the court has power to make such order concerning the care and custody of the ))it-o' children and for the supp)ort of the wife by the husband as shall seem suitable and propelr; and when a decree is granted, the court makes such order as to the future care of the children and support of the wife as shall arpear just and proper, under all the circumstances. When the mariiage is dissolved, on account of the inmprisonmnent of the husband, adultery by the husband, misconduct, or habitual drunkenness of the husl)and, the wife shall be entitled to her dower in his landls, the same as if he were dead. The court has power to grant a divorce from bed and board, without dissolving the marriage, in cases where the ground of complaint is extreme cruelty, or the neglect of the husband to support the wife. 141 CIVIL GOVERNM.IENT. Questions.-At what age may parties contract marriage? Who shall not intermarry.? Who may solemnize nmarriages? What marriages are void without a decree of divorce? What are recognized as grounds for a divorce, under the laws of Michigan? When will the court not grant a divorce? What is said of the care and support of minor children, and of the wife, in divorce cases? Iii what cases does the wife, when divorced, retain a dower interest in her husband's estate? For what cause may a divorce from bed and board only, be granted? CHAPTER LXII. OF THE DOMESTIC RELATIONS, CONTINUED.-IUSvl)ANI) AND WVIFE.-RIGHTS OF MARRIED WOMEN. It is the duty of the husband to maintain and support his wife; and in case he abandon her and leave the State without sufficient provision for her support, the Probate Court may authorize her to sell his personal property, and collect moneys or other property due and belonging to him, and to use the same as her own. A married woman may dispose of her property the same as if she were unmarried, and may make and enforce contracts for the purchase or the sale of property.' ier property is not liable for the debts of her husband. She may sue and be sued, in relation to her separate property, without joining her husband in such suit; and may carry on business in her own name. While the husband is liable for the support of his wife, that is, for necessaries furnished her, he is not liable upon her contracts for other things. The wife may mortgage her property to secure a debt of 142 CIVIL GOVERNIMENT. her own, or that of another person, but a note signed by her as surety, cannot be enforced against her. She may, however, buy goods for use in her husband's family, and be liable therefor, provided the goods were purchased with the understanding that she should pay for them. She may insure her life for the benefit of her husband, or her husband's life for her own benefit. A mortgage, given by the husband, upon the homestead, or other property exempt by law from sale on execution, is iavacli(d unless signed by the wife. Where property of the husband has been taken from him on a mortgage, invalid for want of her signature, or upon an execution, where the property was not subject to levy, the wife may bring suit to recover the same, in her own name. The widow of every deceased person is entitled to dower, or the use, during her natural life, of one-third part of all the lands whereof her husband was seized of an estate of inaheritance, at any timne during the marriage, unless she has conveyed the same away, or unless she has entered into an agreement to accept a certain consideration in liect of dower. Provision is made by law, for an allowance out of the husband's personal estate for the support of the widow and children, until such estate can be settled. Questions.-What is required of a married man as to the support of his wife? In case he abandons Ler, what provision is made by law as to her support? What rights has a married woman concerning property and the making of contracts? With refcrence to suits? For what is the husband not liable? What is said of her right to be surety for another? Of her liability for goods furnished to her for tae family? Of her right to insure the life of herself or husband? What mortgages are invalid without her signature? What property of Ler husband may she recover by suit? What is sdid of dower? Of aln allowance out of the personal property of a deceased husband? 143 CIVAIL GOVERNMENT. CHAPTER LXIII. GOVERNMENT OF THE UNITED STATES. COLONIAL GOVERNMENTS-GOVERNMIENT UNDER THE AIRtICLES OF CONFEDERATION-ORGANIZATION OF TIHE FEDERAL GOVERNMIENT. In the early history of this country the people were subjeers of the British Empire. Extensive grants of territory were conferred upon individuals and companies. Some of these grants conferred certain powers of government. Out of these grants Colonies were organized, with chaareters specifying what governmental powers mnight be exercised. They authorized the establishment of Legislatures to make laws for the government of the people, provided such laws should not conflict with the laws of the British Parliament. Governors for the Colonies were appointed by the King of England, in whom was vested executive authority. The Colonies, while subject to Great Britain, were entirely independent of each other. In course of tinme the British Governmient became exacti)g and oppressive towards the Colonies, denying them many of the privileges that had been granted by their charters. In 176.5, at the request of the Massachusetts Legislature, the different Colonies sent representatives, or (teleyates to meet in convention to counsel together concerning their difficulties with the British Government. In the same year delegates friom nine Colonies met in New York, and agreed upon, and signed petitio)ts and,iemori(ls8 representing their grounds of complaint, and forwarded them to the King. 144 CIVIL GOVERNMENT. September 5, 1774, delegates from eleven of the Colonies met at Philadelphia. This body was called the Continental Congress. It adjourned in October, to meet again in May, 1775. Various measures were adopted designed to protect the people against the eceoachmeits of the mother country, and on the 4th of July, 177(6, Congress declared the Colonies to be free and independent States. Thus far, no provision had been made for incorporating the States into one nation for the purposes of government but believing it to be necessary for their mutual protection and safety, in November, 1770, a plan of union was agreed upon. This plan was set out in a writing called, "Articles of Confecle)raiot and perpetual union between the States,' and was to become operative, that is, go into effect when adopted by the Legislatures of all the States. In 1778, the articles were adopted by eleven of the States; in 1779, by one, and by the thirteenth and last, in 1781. So that, on the'23d of March, 1781, the new government went into operation, under the name of the United States of Amnerica. It was soon found that the Articles of Confederation did not confer sufficient power upon the National Governmenert, to make it ejective. Its powers were vested in Congress; and no provision had been made for an executive, or judicial department. It could pass laws, but could not enforce them. It could determine how many men and how much money each State should furnish to carry on the war, but it was left for the States to execute the law. If they refused, there was no law to compel them to comply. To defray the expenses of the warI, Congress borrowed large suns of money; several millions of which was from Holland and France. Another difficulty arose from the fact that different States 145, CIVIL GOVERNMENT. enacted laws giving their own citizens undue advantages over the citizens of other States. To enable the National Government to control, in needful cases, the action of the States, it was found necessary to confer greater powers upon it. So, in May, 1787, delegates chosen by all the States, except Rhode Island, assembled at Philadelphia, and adopted our present constitution. This was submitted to the people of the States for their approval. The people chose delegates in each State to attend State Conventions, with power to approve or reject the proposed constitution. These Conventions approved the constitution, and thus our present Government was established. The Constitution of the United States may be said to be an agreement of the different States with each other, as to the form and powers of the National Government. It confers certain powers of government and control over the States and the people of the United States. Hence, we refer to the Constitution and the Government as the Federal Constitution, or the Federal Government. Questions.-Of what Government were the people of this country formerly subjects? What is said of the organization of Colonies? Who appointed the Governors? What action was taken by the Colonies in 1765? In 17741? In 1776? In 1770? When were the Articles of Confederation adopted? What powers had the Government unrder the Articles of Confederation? What was the occasion for a change in the government? How, and when was this change effected? What is said of the Constitution of the United States? 146 (CIVIL GOVERNMENT. CHAPTER LXIV. cOV-ERNMTENT OF THE UNITED STATES, CONTINUED.-TIIE EX ECUTIVE DEPARTMIENT.-TIIE DIFFERENT SECRETARIES, AND TIIEIR DUTIES. For the mode and manner of electing President and Vice President, the student is referred to Chapter XII, of this volume. The Executive Department of the Government is vested in the President. The duties of the President and Vice President, are similar to those of the Governor and Lieutenant-Governor of a State. The President appoints the offi cers necessary to assist him in executing the laws. Most of the executive business is done through departments; and each department has a head officer, called a Secretary. The Secretary of State performs for the National Govermment, duties similar to those performed by the State Secretaries, for the States; and in addition thereto, he has charge of our affairs with foreiy)b nations, and gives directions, under the President, to our foreign MiniSters and Consuls. The Secretary of the Treasury has charge of, and conducts the fi,iaecial affairs of the Government. Amongst other things, it is his duty to attend to the collection of funds for the support of the Government; to make out and report to Congress, estimates of the public revenutes and expenses, and to inform that body what appropriations will be needed for the use of the Government. 147 CIVIL GOVERNMIENT. The Secretary of War has charge of the Military Department. The Secretary of the Navy has the charge of the business irelating to the Navy. The Attorney General is the legal adviser of the President and heads of the various departments, and prosecutes suits in the Supreme Court of the United States. The Postmaster General has the general supervision of postoffices, and of the carrying and distributing of the mails. The Secretary of the Interior has charge of the Indian, land, pension, and patent matters. The heads of these several departments constitute the President's Cabinet, and are his counsellors and advisors. Question.q.-In whom is the Executive Department of the United States vested? Does the President execute the laws in person? How does he execute them? Name the chief department officers. What are the duties of each? CHAPTER LXV. GOVERNMENT OF THE UNITED STATES, CONTINUE ).-LEGISLA TIVE DEPARTMIENT. The Legislative Department is vested in Congress, consisting of two bodies: a Senate and House of Representatives The Senate has two members from each State, who are elected for six years. The Vice President is the presiding officer of the Senate. The advice and consent of the Senate is necessaiy for the appointment of many of the officers of the Government. 148 . 4 .. CIVIL GOVERN'MENXT. When charges are preferred against certain officers of the United States, the Senate tries them; and when sitting for that purpose, is a Court of Impeachment. The Chief Justice of the Supreme Court presides on such occasions. In matters of legislation, the proceedings of the two Houses of Congress, are similar to those of the two branches of the State Legislature, as described in Chapter XIV, of this volume. The members of the House of Representatives hold their offices for two years. The States are divided into districts, and a member is elected in each district. The powers of Congress, are delegated to it by the Constitution; and in this respect it differs from the State Legislatures. The State Constitutions prescribe and indicate what the Legislatures nay not do; the Federal Constitution de(clares what Congress may do. Hence, in determining whether an act of Congress is constitutional, the question is, "Does the Constitution authorize the act?"-and in determining whether an act of a State Legislature is constitutional, the question is, " Does the Constitution forbid it?" Questiois.-In what body is the Legislative Department of the Government vested? How many members has the Senate? Mention someof the duties of the Senate, not pertaining to the ordinary matters of legislation? How are members of the House elected? How long is their term of office? What is said of the powers of Congress? In what respect do the powers of Congress differ from the powers of the State Legislatures? What is the test of the constitutionality of an act? 149 CIVIL GOVERNMENT. CHAPTER LXVI. GOVAERNMENE.T OF THE UNITED STATES, CONTINUED.-THE JU DICIAL DEPARTMENT. The Federal Constitution provides that the judicial power of the United States shall be vested in one Supreme Court, and such inferior courts as Congliess mnay, from time to time, establish. It also enumerates the duties and powers of these courts. The Suprenme Court consists of nine members. The United States is divided into ten Circuits, and a Judge is appointed in each Circuit. The Circuit Courts revise the decisions of the District Courts, and in addition to certain civil causes they may try, they have jurisdiction for the trial of the highest crimes against the United States. When a Justice of the Supreme Court of the United States is present at a Circuit Court, he presides. The Judge of a District Court sometimes sits with the Circuit Judge, in which case the Circuit Judge presides. District Courts are established throughout the United States. In each State there is at least one District Court. This Court has jurisdiction in admiralty bankruptcy, and many other cases. It also has jurisdiction over offenses against the laws of the United States. In addition to these, Congress has established a Court of Claims, for the adjudication of claims against the Government. Qae8t)Jns.-What proviiionl is made in the Constitution for the establishment of Courts? Of how many members is the Supreme Court composed? How many Circuit Courts are there in the United States? What is said of the jurisdiction of Circuit Courts? What Judge presides in the Circuit Court? What is said of the establishment of District Courts? Of their juris(diction? Of the Court of Claims? 150 APPENDIX. DI)EFINITION OF CEI1TAIN WOAI)S, AS USEI) IN TIIIS VOLUIME lAbsco(7, to hide, or secrete one's self. lcq?Tiesce oce, compliance, consent. -4ction, legal demand of one's rights, in Court, or, a ciiminral prosecution. A(.t]tst, to regulate; put in order. .:ld]erb~#, to remain with, to take sides with. Ac~liiister, to supply, to act as an agent in doing a thing, or, enforcing a law or the like. Aclrjinistratioit, the act of administerirg. 4<(tinissibility, proper, or worthy to be admitted. tl(hdlteratb(i, corrupting, polluting, debasing. =td((lteiy, sexual intercourse between a 1married person and one to whom such person is not married. Affl,(avit, an oath in writing. .:tfrmation, confirmation, de(,liaration. Affin, to declare, tell or endorse confidently. Aforesaci(t, said before, named before. A1jy,qe,9ate, the sum or result of various particulars. l reeoead, compact, bargain. A4qrictltitre, tillage, husbandry, cultivation of the soil. Aldle cern,, an offi(ei of an incorporated town, an iiiecol)orated magistrate. Alie?,, a foreigner who has not been naturilized. Allelf/iaft(e. the duty of a subject. A1llegatio1's, affirmations, statemIents or pleas. l-fr~op("riate, to assi,gn to any particular use, to miake u:.e of. , a building. Escheat. property that falls to the State, for want of any person to inherit it. 'saetial, necessary. very important. Estacblishec(, settled. firmly fixed. located. _(tcte(, the interest or right one has in a thing property. Estcte of i~U/erita)ce, a perpetuity in lands to a man and his heirs; or it is the right to succeed to the estate of a, person who died without having made a will. _Esti(mate, to rate, to set a value, or price upon; to calcu late. -ExcwCti,t!, to force; to extort; to enjoin. B:eel)t, to free from; to privilege. -Extardbr ji, (y not common, unusual. Expe(cient, proper, convenient, fistess. _ cilitalte, to make clear, or easy. (ederal, peltailning to atn agreement between parties, u compact. ]%Ion?/, a crime punishable by death, or inpi-isonrnient iti the State Prison. mliest, deposited with the proper officer. F}isheriies. a place for propagating fish. Flutme, the passage or chainnel for the water whichl propels the wheel of a mill. Forfeit, a penalty for an offense. 154 APPENDIX. f'orfeiture, the act of forfeiting; a fine. -)orei/ners, persons of other countries. ];)au(h(lently, by fiaud, treacherously. ,reeiian, one who enjoys liberty, ol one who is not subject to the will of another; one who enjoys, or is entitled to, a franchise, or privilege. ietel, material used for fire. _FaG~&v8eRtal, foundation, original, essential. Goveiri, to control, or regulate. G~'ce, rank, to arrange by degrees. Gre,()t, gift. to bestow, a conveyance. G(,'est, visitor, one entertained. G?.i(le, to direct; as a notn it is one who directs. (Gitulce-locl-c, a board containing directions to travelers. (G ei(le-post, a post containing directions to travelers. JbiJ(. al?/UL', customarily, by habit. Heirs, one who inherits bv law, a successor. ]trei/o?s, very wicked, atrocious. 11;o(seQol(er, the head of a family in possession of a house. l~.spita~lity, liberality in entertaining. lmpeacht, ~a written accusation by the House of Representatives of the United States to the efenate of the United States against an officerl. The lower Houses of State Legislatures also present articles of impeachment to the Senates against State officers for misconduct. Il,qortatio~, act of briinging from al)broad, fromn without the State. IJco)Torce((te(l, [see pag,e 55.] I)tf(e)otr?, the foot soldiers of an alimy. -Ihc-'itCatce, [see estate of inheiitance.] b)iterest, that which is paid for the use of nmoney. Ii(iye)ffe, poor, having but little, if any property. I)frhiity, weakness, failing, disease. Ib trcoisitu, Things are i)e t'i.($t( c during their removal from one place to another. Liv(tsioi, the entry of a country by a public enemy, making war. .srcectoz, a rebellion of citizens, or subjects of a country against its government. ITscjritio2, a title, namie, or character. 155 APPENDIX. Incur, to become liable to. Issue, the point or question in controversy between contending parties. I'ifecte(l, tainted, poisoned, polluted. ])valid, without legal force, or effect. JI)npotent, incapacity to propagate the species. Instacllment, the act of a debt due at diffelent times. In,habitant, one who has a fixed residence in a place. J)isertect, placed among other things. ISistitieted, established, fixed. Jeerisdictio?, legal authority, a district. Jetve)iile, youthful, young. Jeggqler, one who plays tricks. Larceoy, stealing, theft. ,ctscivious, lustful. lewd. Levy, the act of raising money or men; to collect. Leted, disposition for lust. Libel, a defamatory publication, satiie. Lies), a charge upon property, for tl)he payment of a debt. L,iceinse, an authority given to do an act, which without such authority would be illegal. Lie?t, in place of, in stead of. Lim)ita,tio)s, restrictions. List, a roll, or catalogue. Lock, the barrier, or works which confine the water of a stream or canal. Jagaziile, a store-house. .yJaliciotlsly, with the spirit and intention of harm and mischief. ,,ayO7', chief magistrate of a city. iaim, to wound, cripple. ilfItlice. a spirit desiring harm, without just cause. MXemorial, something to preserve memory. JIechacinical, skilled in mechanics. lIenace, to threaten. .linor, one not of legal age to make a binding contract. .Mile-board, a board on which distances are indicated. .file-stone, a stone on which distances are indicated. M1isdemeanor, an offense less heinous than crime. Monument, a pillar, statue or other thing, to perpetuate the memory of a thing or person; a landmark. 156 APPEiNDIX. Mountebank, a quack,'a stage doctor. Jfusteriny, assembling, reviewing, collecting, or registering forces. [?.enicipaJl, belonging to a corporation. -lfode, form, fashion. 2foral, just, honest, upright. N(~tural Science, the science of nature, as distinguished from the art or skill of man. Xiative. All persons born in the United States are considered as natives. .Aegotiable, that which may be transferred by assignment. Xoio-resi(de)t, one who does not reside on his own lands. Nelisa)ce, something noxious, or offensive. Oc(th, a solemn affirmation which God is called upon to witness. Oblqcltio), agreement, contract, bond. Ojftl, waste meat, refuse, unfit for use. Office, a public employment. Officei, one engaged in a public employment. 0.ffse, transgression; injury; violation of law. Operative, having the power of acting. Oiqla,nized, formed, arranged. 'cccloi, forgiveness, remission. 'are)-tal, pertaining to parents. Pauper, a poor person who receives alns, or is supported at the public charge. Pecu)niarry, pertaining to money. Personate, to counterfeit, to represent. J'etitio), to supplicate, to solicit. Pertain, to belong, to relate. P'enalty, a punishment, forfeiture. _Pernanent, lasting, unchanged. Personal lirol)erty, temporary and movable property. Peij':ry, [see page 130.] Petitions, requests, entreaties. Plaintit; the party who commences a suit. Ilurality, a greater number than some other, but not a majority of all. Polyy/amy, having more than one wife, or husband. Premeditatecl, to think beforehand. 157 APPENDIX. Priecedi?.q, to go before in rankl or time. Pirescribe, to order, direct. Pr c~ipbl, echief. PrIocoea,tioi, a cause )f anger. IP,'ovi(eetl, stipulate( as a condition, on condition. Pi'iori, antecedent, foimer, anteriior. Preovby, evilcinrg, as(certaining as truth. Irc-e8ssio(ial, relating to a profession. IProp)ayct(e, to generate, increase. P)rocess, a writ issued out of a court. ProficieJicy, improvement. Protest, a declaration against a thling; a written declai-a tion of the master of a vessel that anl injury to it was not occasioned by his fault. JP~ttpIet-Show, mock play by images. Qtul,rum, a sufficient number to transact business (tacl~j'e(, made fit; accomplished. P~(nge, to place in order; ranks. leal property, lands. ]Rebell?'o, insurrection by the people again-st their own country. RPepro(citingy, censuring, upbraiding. RPecl(ai,), reform, correct, recall. P]elatively, having relation to ~oinething else. lveleLCatf, relative to, relating to. ]lest',-(i), to withhold, repress, linmit. Jlepr)ieve, to respite firom punishment. Resid7en t f;ieehoIlder, one who resides on an estate of inlieritance, ol fori life. e&sort, to go to, or repair to; a place of asseinbling. l'esotrce, an expedient, a resoit. Jl~eo'I(e, disavow. Jlesidnt, dwelling in a place. J-'eprese,,t(tions, representing, describing, showincg. flestrictios, confinement, limitations. eGve,ntes, income of a State, duties, taxes. Secualcp, pertaining to worldly matteris. Seco)t(l, a supporter, next to the first Sepultt(ze, interment, burial. A'eize, to take forcible possession of. b'eize,(, taken forcible possession of; to be possessed of. 158 APPENDIX.K Slute, a passage for fish through a dam, or lock. Site, situation, local position. Si#(atture, mark, sign, written name. Slaizder, false report, to back-bite, to scandalize. ,)ecific, definite, particular quality, or sort. SJ)?w, the eggs of fish. AS',bcivi(le((, divided again. ,&ttbject, one owing allegiance to a Sovereigll or Govern tlln1t. A'?bo (Ii,)c(te, inferior in order. As'luzcay, to view, measure, examine. ,'se.,ler