The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1852-08-21

note payable IN internal improvement scrip doe
not come within the provisions VI the L. ). ca
81. Sec IS. which applies only TO mortgages Sc
curing the payment Of money, and does uo; ex
tend to mortgages made to secure ths delivery o
specific articles Of property, o. the performance
u other acts.
The payer Il a note payable IN internal i'm
proyemeu, scrip and which Is not paid at mSturl
~ cannot claim to recoyer the sum named 10 mo
nry In an action oa the note, the true megsar,
( q: damages would be the cash value ii that ma
( ny dollars "a scrip, "a the day 1t should hay,
terms Of The contract.
. The mortgages appropriate remedy is eject
ment to recover the possession Of the mortsaged
premises, orresoyt to bill IN chsacery to fore
close the mortgage.
Nisnrr e. Lj.hthau - Error to Ia Sale,
Hoes tor plaintiff in error; Leland for defendant
in error. Opinion by Treat, { J. Juismea, II.
versci and cause rrmanded.
The rule of,hc common law which requires the
owner Of cattle, horses sheep, hogs, &c, tokecp
them upon bis own lard, has never been in fore
in tbi: state; TIA, ia order TO maintain an scton
for the trespas. Of these animals to ones elc.a,
the ovu.r of the close mus; have I, surrounded
BY good and sliE,eu; fence.
a Wells IS McCul!ock-Appcal from Kane.
Cook for appellant; Wallace orsPPellee. oPin
ion by Cation, J. Judgment affirmed
t,,l. I L 81, ,t.,l
code aud is acquitted upon trail, il no: liable for
the payment Of costs which he has made in has
defence.
Tiff rs, A,hbaueh. Error to Kane. Wilcox
and Cook for plaintiff 10 error; Di,s.y for deien'
iAut is error Opinion by Treat, c. J. judy
ment reversed ami cause remauIel
Prof Of an arrest made by acou~,tb'e by yir.
tue Of a ecpil, ad satiyaeilsri1a, !. prima ia
Ga evidence that be was acting Within the liul's
of bis official duty. Tie VIII protects him Unless
it appear. on It's face tia. it was Issued by a
court, having no jurisdiction q the person arres.
ted, Or unless he lal notice ia some other way
tha, i. was issued w,hou, authority Of law. The
The presumption is N favor Of the validity Of lie
process
IN an actin II tre.pa.s Tor i.,'e mPrisonment,
he plaintiff should prove ,ha; tie arre., vas On
lawful, aud that the dyten'ant was connected
with tt IN some way, either by showing that he
wa, plaintiff IN the judgment, Or that be A.- ID.
cited or aided il tie arrest,
Under our practice, when the plaintiff has
gone through wr;h his evidence, tie defendant
canno, call upon tie court TO uon,aj; the plaintiff
but where the evidence clearly fails to make out
the plaintiffs case, the defendant has the night 90
ask the court to in'truc. the jury to find tor him,
and it IS error to refuse such an Instruction.
Lawrence q, Cowles-Appeal from Jo D,T-
ess Cook for appellant; Leland FIR appellee
Opinion By Treat, Z. J Judgment afirmed.
4 uc,c i.uo. usurous from the fact that gr,a.
ter rate Of interest thaa' the law allows, IS to be
paid after the ncte becomes due. The Interest Is
in the nature Of penalty, to secure The Punc,u-
al payment Of the debt.
Where the dcienIan, wrote to the plaintiff
that be would BE- res pon,i5e to an amount not tx
ccejing $500, f1r groceries plaintiff might sci! to
y on four mln,hs credit, and the goods were
sold to A, for which defendant gave hi, no,e
and tie groceries were charged to him Hid
that the goods we're sold exclusively on the cred
i, Of the defendant and tina, lie became rc.ruu,i-
Die therefor as the principal debtor.
Mason Err. 4, u.s. Feun-Error to M.r,ha'l
Peter. for plaintiff an! Purple tar defendant IN
error, Opinion by Treat, c. J. JldsmsD, aifr.
med
a, between landlord anil tenant improve
meu,s pu, on the dem!sei premises, Jy the latter
iur purposes Of trade or manufacture, and which
can be detached without material injury to tie es-
tate, NAV be removed by him before he quits tie
possession.
HIS right Of removal continued 20 long as he
was ri.h,iully in possessi1n-even after the
terms specified in tie lease had EXPIRED Il he Is.
sent OF the landlord to his boiling over might be
fairly presumed. And the fact or his being re-
strained from removal by an Injunction obtained
BY the landlord, which was NJ, Dissolved until If
ter the expiration Of the term doe. no, at, r., b..
RICH, Of removal then. or within reasonable
time after such Dissolution.
The Peopleri Thurber.-Error to Cook. Pee.
for plaintiff and Friuk Tor defendant in error. o.
piniou by Cation, J. Judgment reversed and
cause rcmanded
The Statute IN relation to the agent, Of foreign
Insurance companies and the deposite d the
three per cent, By them. i not IN conAc, with the
Constitution Of ihis State or Of the United
States.
Tie clerks q the County Courts are the prop
er successors ofthe late clerks oithe County Com.
missioner, Courts, and AZ such, are vested with
the powers and duties conferred Or imposed by
iyrmer laws upon those clerks. and among those
power. and duties, are those of receiving aud Il
ling notices II agents Of foreign Insurance com.
pauics, and receiving aud paying INTO the State
treasury the three per cent on the amour, ofpre
miums charged by such agents.
Kelly Il. ais ~. Chapman-Euor TO Lee
Leland for plaintiff, aud Cook for defendan. in er
ror. Opinion by Cation, j. Decree affirmed.
In a suit to enforce mechanic, lieu under our
Statute where the evidence is delivered in opst
court, before the jury ani from it, the jury hav,
passed upon the issues submitted to them, the ev
| ilenco can only appear upon the record by bil