STATE OF ILLINOIS, 88.

County of Cook, f

FRITZ MEYER

V8.

GEORGE C. Lowe.

In the Superior Court of the City of Chicago,
Illinois, of November term, 1882.

Frank Smith, being duly sworn (or affirmed) according to law, says that he is the publisher of a weekly newspaper in the city of Chicago, in the county of Cook, and State of Illinois, called the Chicago Clarion, and that the above notice was published in his said newspaper for six consecutive weeks, the last publication of it being upon Saturday, November 18, A. D. 1882.

Sworn to (or affirmed) and subscribed before me, this twentieth day of November, A. D. 1882.

MOSES WILLETT, Justice of the Peace.

In courts of law or equity they are not testimony, because the makers of them (called affiants) are not cross-examined; but a false affiant may be punished as a perjurer, when the affidavit is required by law.

has reasonable cause to believe that the said Robert Grimes is about to depart beyond the jurisdiction of the court to which said writ is returnable, and not to return until after judgment may probably be recovered in said suit, so that he cannot be arrested on the first execution (if any) which may issue in said suit.

EDWARD PLACE. Subscribed and sworn to this twenty-second day of November, A. D. 1882. Before me,

JOHN BROWN, Justice of the Peace.

Affidavit of a Creditor's Attorney, Requiring a Debtor to be Held to Bail.

STATE OF OHIO, Cuyahoga County, EDWARD PLACE

08.

ROBERT GRIMES.

88.

In the Court of Common Pleas of Cleveland, of November term, A. D. 1882. No. 282. George Phillips, of Cleveland, in said county, a lawyer and attorney of Edward Place, of said city, county and State, butcher, on oath declares that the said Edward Place has a demand against the within-named Robert Grimes, upon the cause of action stated in the within writ, which this deponent believes to be justly due, and upon which he expects that the said Edward Place will recover Twelve Dollars and fifty-three cents, or upwards; and that this deponent has reasonable cause to believe that the said Robert Grimes is about to depart beyond the jurisdiction of the court to which said writ is returnable, that is to say, into the Province of Ontario, Canada, and not to return till after judgment may probably be recovered in said suit, so that he cannot be arrested on the first execution (if any) which may issue in said suit.

GEORGE PHILLIPS. Subscribed and sworn to this twenty-third day of November, A. D. Before me, QUARTUS K. RICE, Notary Public. NOTARIAL SEAL

1882.

3N APPRENTICE may be either a boy or a girl, usually not younger, if a lad, than fourteen years of age.

No child can be apprenticed for a term extending beyond his twenty-first birthday.

The usual motive for apprenticing children is that they may be thoroughly taught some honorable trade or calling, becoming perfectly familiar

with which, they may always be able to earn a livelihood and acquire wealth.

The methods of apprenticing children and for protecting their rights and interests are generally provided for in the laws of the several States. These methods differ but little, however, in any of the States. No

minor can alone bind himself or herself

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FORMS OF APPRENTICESHIP.

to learn any trade or calling. The parents, guardians, or overseers of the poor must give their consent, and the child must be willing to be bound.

Any act or habit of the master that may be injurious to the morals or intellect of the apprentice is a sufficient cause for the proper authorities to dissolve the contract of apprenticeship. No apprentice, for instance, can be compelled to

work on Sundays, except in a case of absolute necessity.

Should the master die before the expiration of the apprenticeship, unless the contract includes the master's "executors and administrators,” the apprentice is free to seek a new master.

The following forms will serve to indicate what is particularly expected of parents, children and masters.

Binding an Apprentice---A General Form.

THIS AGREEMENT, made this twenty-second day of November, A. D. 1882, between Parker Ellis, the father, and Allen Ellis, his son, aged fourteen years, both of Pittsburgh, in Allegheny county, and State of Pennsylvania, of the one part, and Marcus Moran, blacksmith, of the same place, of the other part, witnesseth:

That the said Allen Ellis, with the consent of his father, Parker Ellis, does by these presents bind himself out as an apprentice to the said Marcus Moran, to be taught and exercise and employ himself in the trade of a blacksmith, in which the said Marcus Moran is now engaged, and to live with and serve as an Apprentice until the expiration of six years, ten months and four days from the date hereof. That during said time said Allen Ellis shall and will, to his best and utmost ability, skill and knowledge, intelligently and faithfully serve, and be just and true to his said master, keep his secrets and counsel, and everywhere, and at all times, shall obey his lawful commands. That he shall do and attempt no hurt to his said master, in person, goods, estate, or otherwise, nor willingly suffer injury to the same to be done by others, but forthwith give his said master notice when he shall have any knowledge of such injury done or about to be done. That he shall not convert to his own use or waste his said master's goods or money, nor suffer the same to be done by others. That he will not lend his master's goods or effects to any person or persons whomsoever, nor allow any one else to do so without his master's consent. That he will not buy or sell any merchandise of his own or of others, during his term of apprenticeship, without his master's permission. That he shall not play with cards or dice, nor take part in any unlawful games of skill or chance, whereby his master shall suffer loss or damage. That he shall not loiter about or in playhouses, theaters, saloons, or other disreputable resorts, nor visit them, except the business of his master shall require him to do so. That he shall not, at any time, willfully absent himself from his master's premises or service without leave. That in all things he will behave as a faithful apprentice ought to do throughout his term of service.

And the said Marcus Moran, in consideration of these premises and the sum of Twenty Dollars, the receipt whereof is hereby

acknowledged, does hereby promise, covenant and agree: That he will comfortably clothe and provide for the said Allen Ellis, his apprentice, and in sickness and in health supply him with sufficient and suitable food, lodging and medicine; and will instruct and teach his said apprentice, either by himself or others, whatever may be learned of the trade and mystery of blacksmithing during his said term of service. That he shall cause his said apprentice to be taught to read and write, and the elementary and compound rules of arithmetic and the rule of three. That he will, when the said term of apprenticeship shall legally expire, give the said Allen Ellis, over and above the clothing he shall then possess, the following articles of apparel (name them here particularly), of quality, fit, and suitable for his condition in life.

And for the true performance of all and singular the covenants and agreements aforesaid, the said parties bind themselves each to the other firmly by these presents.

In witness whereof the parties aforesaid have hereunto interchangeably set their hands the day and year first above written.

Certificate of a Justice as to Death of the Father of an Apprentice. I, Matthew Marr, a justice of the peace within and for the county of Cook and State of Illinois, residing in the town of Lake, in said county, do hereby certify that Thomas Blair, the father of the infant named in the within indenture, is dead (or has abandoned, and neglects to provide for, his family). Dated this twenty-second day of November, A. D. 1882. MATTHEW MARR, Justice of the Peace.

T

HE SUBMISSION of any question concerning the rights of persons or personal property, by parties in dispute, to the decision of one or more disinterested individuals, mutually agreed upon, instead of taking the controversy before a court of law, is called an arbitration.

Both parties may have sufficient confidence in some one person to abide by his single decision. Usually, however, each party selects one individual, and the two thus appointed choose a third one, who is called the umpire, to assist them in forming their judgment. In such a case the decision is made either by all agreeing, or the

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agreement of two against the other, as may be provided in the submission.

ever, at any time before the award is written out; but the party who thus recalls the arbitration is

The decision of the arbitrators is called an award.

Arbitrations, and their determination of cases, are sometimes regulated by the laws of the State in which they occur.

Arbitrations are not always voluntary on the part of the persons in dispute, for in some States one party may compel the other to refer the case to arbitrators, if he refuses to do so. This is called a reference.

The courts may also sometimes order a disputed case to be settled in this manner, with the consent of both parties.

A party cannot be compelled to agree to arbitrate, nor after he has signed the agreement can he, as a general rule, be compelled to select his arbitrators, nor after the arbitrators are appointed can he be compelled to submit his side of the case. But after a valid award has been made the courts will enforce it. Either party may recall his submission to arbitration, how

Form of Submission to Arbitration.

The following is the general form to be used in referring all matters in dispute between the parties at issue; the special form is used where the controversy is confined to one or two particular disagreements:

KNOW ALL MEN BY THESE PRESENTS, That we, the undersigned, hereby mutually agree to submit all the matters in difference between us, of every kind, name and nature, to the determination and award of Edward Blair, Edward R. Stimpson and Robert Merritt, of Villisca, Montgomery county, Iowa, as arbitrators. That said arbitrators, or any two of them, shall hear and determine the matters in dispute between us, and award the payment of all the costs and expenses incurred in such arbitration. That the said arbitrators shall make their award in writing on or before the tenth day of January, A. D. 1883. Done at Villisca, Iowa, December 1, A. D.

have accrued in consequence of his previous consent to submit his case to arbitrators.

If an award is illegal, unreasonable, incapable of being executed, or indecisive of any or all matters submitted to the arbitrators, it is not binding.

Beside the agreement to submit the questions in dispute, called a submission, the parties usu-. ally execute to each other, with sureties, a bond to abide by and perform the award, on which also a suit can be brought, if the award is not performed.

Arbitrations are customary in disputes relating to wages for services, current accounts, failures to fulfill contracts, partnerships, annuities in lieu of dower, land titles, boundaries and trespasses.

Awards may cover the payment of moneys, the fulfillment of agreements, the delivery of goods or writings, the assignment of mortgages and leases, and the specific conveyance of land, but not as to the title to land.

us to the determination and award of, etc. (As in the form of gencral submission, to the end.)

[Other special grievances may be embodied in a similar form.]

Bond for Submission to Arbitration.

Each party in dispute executes this bond to the other, so that both are equally bound to submit to the award of their chosen arbitrators.

KNOW ALL MEN BY THESE PRESENTS, That I, Merrick Welch (or Simon J. Grover), of the town of Villisca, in the county of Montgomery, and State of Iowa, am held and firmly bound to Simon J. Grover (or Merrick Welch) in the sum of Two Thousand Dollars, for the payment of which I bind myself and my legal representatives by these presents. The condition of this obligation is: That if the above bounden Merrick Welch (or Simon J. Grover), or his legal representatives shall submit, perform, and comply with the award, determination, judgment and orders of Edward Blair, Edgar R. Stimpson and Robert Merritt, the arbitrators named and selected by the said Merrick Welch and Simon J. Grover to award, determine, judge and order of and concerning the controversy existing between them, as partners, as to the settlement of the firm business and the business transactions and claims by and between them subsequent to the twelfth day of June, A. D. 1882 (with power to award payment of costs and expenses incurred in said arbitration), then this obligation shall be void; otherwise it shall remain in full force. Sealed with my seal and dated this first day of December, 1882. JOHN CLEVER,

T. S. WALLER,

Witnesses.

MERRICK WELCH, (Or SIMON J. GROVER.)

MERRICK WELCH, SIMON J. GROVER. Dated at Villisca, Iowa, this fifteenth day of December, A. D. 1882.

From of Subpœna of Witness.

The people of the State of Iowa, to Edmund W. Thomas and Samuel M. West: You, and each of you, are commanded personally to appear and attend at the Runals house, in the village of Villisca, in Montgomery county, Iowa, on the second day of January, A. D. 1883, at ten o'clock in the forenoon, before Edward Blair, Edgar R. Stimpson and Robert Merritt, of Villisca, arbitrators chosen to determine a controversy between Merrick Welch and Simon J. Grover, then and there to testify as a witness in relation thereto, before said arbitrators, on the part of the said Merrick Welch. Hereof fail not at your peril. Given under my hand, this twentysixth day of December, A. D. 1882.

ERICK LARSON, Justice of the Peace. It is customary to allow fees to arbitrators for their services equal to those given referees appointed by courts of law to determine cases.

Form of Arbitrators' Oath.

Before entering upon their duties, the arbitrators should, if required by law or the submission, go before a judge of some court of record, or a justice of the peace, and make oath as follows:

You do severally swear, faithfully and fairly to hear and examine the matters in controversy between Merrick Welch, of the one part, and Simon J. Grover, of the other part, and to make a just award according to the best of your understanding. So help you God.

The arbitrators can administer the oath to witnesses before them, in the usual form of courts of law, when they are acting under the order of a court or statute.

General Form for the Arbitrators' Award.

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, arbitrators of all matters in difference, of every kind, name and

nature, between Merrick Welch and Simon J. Grover, by virtue of their agreement of submission of said matters, dated at Villisca, Iowa, on the first day of December, A. D. 1882, do award, order, judge and determine of and concerning the same as follows:

1. That, etc. 2. That, etc.

3. That, etc.

Plainly setting forth each point of difference between the parties, and the decision reached by the arbitrators on each item, in accordance with law and equity, and with the testimony presented. In witness whereof, we have, in the presence of each other, hereunto set our hands this third day of January, A. D. 1883.

4. That, etc.

EDWARD BLAIR, ROBERT MERRITT, EDGAR R. STIMPSON.

Special Form of the Arbitrators' Award.

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, arbitrators of the controversy existing between Merrick Welch and Simon J. Grover, partners, doing business at Villisca, Montgomery county, Iowa, under the firm-name of Welch & Grover, relative to a settlement of their firm business, and especially of the business transactions by and between them since the twelfth day of June, A. D. 1882, by virtue of their submission to us of the settlement of said matters, dated at Villisca, Iowa, on the first day of December, A. D. 1882, do award, judge and determine of and concerning the same as follows:

1. That the said partners are each equally liable for one-half of the indebtedness of said firm.

2. That each of aid partners is fully entitled to receive one-half of all profits accruing to their said business, if any there be, since the twelfth day of June, A. D. 1882.

3. That the copartnership heretofore existing between the said Welch and Grover be, and hereby is, fully dissolved from and after the date hereof.

4. That John Allen, of Villisca, Iowa, merchant, is hereby appointed and confirmed a receiver to take charge of all accounts and evidences of debt of said firm, and to sell to the best advantage, for cash, within one year, all the real estate and personal property of every kind, held and owned by said partners.

5. That the money realized from the sales of the said property by the receiver of the said firm shall be discreetly used only for the payment of the indebtedness of said firm of Welch & Grover, until the expiration of two years from this date, at which time the surplus funds arising from such sales, and remaining after the indebtedness of the said firm, is all paid (if any such surplus shall exist), shall be equally divided between said partners by the said receiver.

6. That the promissory note executed June 15, A. D. 1882, by the said Merritt Welch to the said Simon J. Grover, for the sum of One Thousand Dollars, which was given as a collateral security in a contingency which we, the said arbitrators, find did never exist, is declared void and uncollectable for want of a proper consideration therefor.

In witness whereof, we have, in the presence of each other, hereunto set our hands the third day of January, A. D. 1883.

EDWARD BLAIR, EDGAR R. STIMPSON, ROBERT MERRITT.

A

N ASSIGNMENT is the act which transfers

the title to a right of property. The act may be by words, accompanied by delivery of the thing assigned, or may be in writing.

Corporations, legally existing, may lawfully assign their interest in papers or property to other corporations, or to individuals.

The writing by which ownership is thus transferred is called an assignment.

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An assignee is one to whom a transfer is made. Certain assignments must be in writing, as transfers of real estate.

All assignments relating to lands and tenements must be properly signed, sealed, acknowledged and recorded, like a deed.

The usual phrase in making an assignment is "assign, transfer and set over;" but the words, but the words, "give, grant, bargain and sell," will constitute an assignment.

Where property of any kind is assigned for the benefit of creditors, its immediate delivery to the assignee is required.

An assignment may convey the whole property absolutely, or in trust, or only an equitable right to the benefit of it, the legal title remaining in the assignor.

An assignment for the benefit of creditors may be at common law, or under a statute. At common law the assignor may prefer creditors. By statute he can not.

An assignment for the benefit of creditors must provide that the property be turned into cash and divided amongst creditors, and must not reserve any benefit to the assignor. Such an assignment should be of all the assignor's property liable to and not exempt from execution.

Under some insolvent and bankrupt acts, the adjudication itself that a person is a bankrupt transfers his property to the assignee.

When insured property is sold, the policy should be assigned to the purchaser. This can only be done with the consent of the insurer, to

No one except the person owning insured property at the time of the assignment can legally become the assignee of an insurance policy covering it, and then the consent of the insurers to the transfer must be obtained. Legal assignments can be made of copyrights, contracts, deeds, mortgages, bonds, leases, notes, drafts, accounts, judgments, all claims for money or wages, insurance, corporation shares, etc.

All property assigned must be distinctly described in the assignment, or the schedule attached thereto.

Stock in incorporated companies is assigned by an assignment on the back of the certificate, and by a transfer on the stock-book. Forms for this purpose are usually printed on the back of the certificate.

All assignments, except statutory, are tracts, and subject to the same law.

Thus, an assignment at common law for the benefit of creditors needs the assent of the creditors to make it valid.

Assignments for the benefit of creditors are now regulated by statute law in nearly every State.

An assignment of a debt or note carries with it all collaterals and securities.

A mortgage cannot be assigned without a transfer, at the same time, of the debt, note or bond. In addition, in some States, the land also should be conveyed as in the form below.