Draco's Laws.- Draco, an Athenian we have here the origin of the number of the lawgiver and archon, was the author of the modern jury. Witnesses were first brought in first written code of laws at Athens, which he to aid the jury during the reign of Edward is supposed to have published in the fourth III., but it was not until the reign of Queen year of the 39th Olympiad, 621 B. C. He Anne that the law provided that those who was of distinguished birth, honored for his had evidence to give could not serve as jurors. severe manners and his large experience in In Scotland the jury system was established public affairs, and the people of Athens, a at a very early date, but was soon after disconprey to anarchy, besought him to give them a tinued in civil cases. A jury in that country code of laws. These, however, effected little consists of fifteen, and a majority may render change in the form of the state, but by being a verdict. The jury in civil cases was recommitted to writing put an end to the arbi- introduced in the time of George III. In trary administration of justice on the part of Ireland the jury is substantially the same as in the archons, and resulted in the establishment England; but the Repression-of-Crime bill, of a court of appeals that of the Ephetæ. passed in 1882, provided for the trial of cerThe system which he proposed linked together tain cases without juries. In France a jury is civil and moral duties. He took the citizen only allowed in cases of felony, where a maat the moment of his birth, prescribed the jority of the jurors can render a verdict. In manner in which he should be nourished and Germany, trial by jury in criminal cases was educated, and followed him with directions introduced early in the century. It was estabthrough the different epochs of life. His leg-lished in Prussia in 1819, and again by the islation had a beneficial and permanent effect Constitution of 1848; but in 1851 political upon the political development of Athens. The extraordinary severity of these laws, however, which punished the slightest theft, or even laziness, with death, no less than sacrilege, murder, and treason, caused them to be often neglected, and made them so hated that Solon was appointed to draw up a new code. Solon, though he softened their severity in some instances, retained that law which punished a murderer with death. Draco, at a later period, went to Ægina, where, after having introduced his laws, he is said to have been stifled in the theater by the garments thrown upon him as a mark of respect by the people. Extremely severe and sanguinary laws are still called Draconic, and in ancient Greece it was commonly said that Draco's laws were written in blood."

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Trial by Jury. The form of trial by jury is generally conceded to be derived from the institutions of the Greeks and Romans. There was a custom in the ancient city of Athens whereby a certain number of freemen, selected by lot, heard and decided, under the direction of a presiding judge, every case to be tried at law, each case being heard and determined by a different set of men. A similar system was adopted in Rome; and as the Romans always introduced their laws and institutions into all their provinces, it is probable that their mode of judicial procedure was established among the Britains. Another form, called the trial by compurgation, was in use among the Saxons. In this, each party to a suit appeared, with certain of his friends, who swore with him to the truth of his case. As the number of the compurgators was usually six on each side, it is supposed by some that

offenses were withdrawn from its operation. The system was adopted by Austria in 1850, by Greece in 1834, and by Portugal in 1837. It has also been introduced in recent times into Italy, into Brazil, and finally into Russia, where the first trial by jury was held August 8, 1886. In each of these last-named countries a verdict can be rendered by the majority. The jury system has existed in Belgium since that country separated from Holland, and includes within its operations political offenses and those of the press. In Switzerland all crimes against the Confederation are tried by jury, and for other crimes each canton has its own machinery. The form of trial by jury was brought from England to America by the colonists, and is protected by mention in the Federal Constitution and in the Constitutions of most of the states. It is also in use in the South American republics. The origin of the institution as found in England is also ascribed by some to the establishment of Norman law there by William the Conqueror, as the Normans had a form of trial by jury much more like that of modern times than any legal usage of the Saxons.

Chinese Immigration Law. According to the law passed by both houses of Congress and approved by the President in 1882, and amended in May, 1884, Chinese laborers are forbidden to come to the United States under penalty of being returned. The law further declares that any master of any vessel who shall knowingly land any Chinese laborer shall be deemed guilty of a misdemeanor, and for every Chinese brought shall be fined a sum not exceeding $500, and may also be imprisoned for one year. Chinese

persons who are not laborers desiring to visit demeanor." Another record, in March, 1631, this country are obliged to bring with them is to the effect that "Nich. Knopp is fyned 5£ from the Chinese Government (or any other for takeing upon him to cure the scurvey, by a Government of which they may at the time be water of noe worth nor value, which he solde subjects) certificates of identification, giving att a very deare rate, to be imprisoned till hee their names in full, description, statement of pay his fine or give securitye for it, or else to business, place of residence, etc., the certifi- be whipped; and shal be lyable to any man's cates to be also indorsed by the American action of whome he hath receved money for diplomatic representative in the country where the said water." In September, 1634, a numissued, and the forgery or substitution of any ber of restrictions regarding the fashions of name for the correct one in such certificates dress were enacted. One of them was as folshall render the perpetrator thereof liable to lows: "The court, takeing into consideration a fine of $1,000 and an imprisonment of five the greate, superflous, and unnecessary exyears. A master of any vessel bringing into penses occasioned by reason of some newe and a United States port any such Chinese per- immodest fashions, as also the ordinary wearesons, not laborers, is required to give a list of ing of silver, golde, and silke laces, girdles, hatthem to the Collector of Customs of the port. bands, etc., hath therefore ordered that noe Any master of a vessel who violates any of person, either man or woman, shall hereafter these provisions against admitting the Chinese make or buy apparell, either woollen, silke or forfeits his vessel to the Government, and any lynnen, with any lace on it, silver, golde, silke, person aiding or abetting a Chinaman not or threed, under the penalty of forfecture of lawfully entitled to visit this country to land such cloathes." That there was restraint put here renders himself liable to a fine of $1,000 upon the tongue is shown by the following, and one year's imprisonment. Further, any under date of September, 1636: "Robert Chinese person found traveling in the United Shorthose, for swearing by the bloud of God, States without a proper certificate shall be re- was sentenced to have his tongue put into a moved to the country from whence he came at cleft stick, and to stand so by the space of the cost of the United States, any person who haulfe an houre." And here is one against may have been instrumental in bringing such cakes and buns: "It is ordered, also, that no Chinese to the United States being liable for person shall sell any cakes or buns, either in all the expenses of his removal; and all peace the markets or victualing houses, or elsewhere, officers of the several States and Territories upon paine of 10s. fine; provided that this are invested with the powers of a United order shall not extend to such cakes as shal States marshal for the purpose of carrying the be made for any buriall, or marriage, or such law into effect. The only Chinese persons ex- like spetiall occasion.' empted from the action of this law are diplomatic officers traveling on the business of their Government, their retinue of servants, and Chinamen who arrived within ninety days after the passage of the act. The law also requires Chinese already established in the country to take out certificates, if they leave the United States, in order to prove their identity in the event of return.

Massachusetts Blue-Laws. In regard to the so-called "blue-laws" of Massachusetts it is difficult to determine just where the line between fact and fancy is to be drawn. It is claimed that the founders of Connecticut borrowed most of their laws and judicial proceedings from Massachusetts. Many of these laws were enacted previous to 1640, and a number were the orders and sentences of the Massachusetts Court of Assistants and General Court. For instance, one order we find is as follows: "It is ordered, that all Rich. Clough's strong water shall presently be seazed upon, for his selling greate quantytie thereof to several men servants, which was the occasion of much disorder, drunkenes, and mis

It

Prohibitory Laws.- The first actual prohibitory law was enacted in Maine in 1851. This was the famous Maine Liquor Law, and it is still in force in that State, and in 1884 its specifications were put in the form of a constitutional amendment, and adopted by a large popular majority. Vermont enacted a prohibitory law in 1852, its provisions, however, being much less stringent than those of the Maine law. was strengthened by the passage in 1869 of a civil-damage act, which provided that damages might be collected from the liquor seller for injuries inflicted by his customers, while in a state of intoxication, upon themselves or others. A mild prohibitory law was also passed by New Hampshire in 1855, which has been strengthened by enactments since adopted. Damages are assessed on the liquor seller for the acts of drunkards in that state also, by an act passed in 1870. In Massachusetts the temperance excitement of 1852 resulted in the passage of a prohibitory law by the legislature, but the courts decided the law was unconstitutional, and in 1853 it was repealed. In 1855, the Know Nothing party being in power in the

Assembly, another prohibitory law was passed. | preme Court. In 1872 a law was passed giving This was on trial for several years before the local option to the counties, and sixty-seven of courts, but at length its constitutionality was them voted against licensing the traffic. In affirmed. In 1868 this law was repealed be- two years that law was repealed and a license cause of great popular dissatisfaction with its law adopted, which is still in force. The promanner of working. A milder law was passed hibition issue was squarely before the people in 1869, but, being even more unsatisfactory, in the spring elections of this year (1889), and was abolished in 1875, and replaced by a was defeated by a large popular majority. license law, which still exists. In Rhode Delaware has tried prohibition twice. The Island, as in Massachusetts, a law passed first law was passed in 1847, only to be reduring the excited state of public feeling in pealed in 1848. The second law was made in 1852 was declared unconstitutional the follow-1885; but it was in a few years displaced by ing year. The law was then amended so as not to conflict with the constitution, and the question of its adoption being submitted to the people, it was approved by a small majority. In 1863, however, the law was repealed. In 1874 a similar law was passed, only to be abolished in the next year, when a license law prohibiting the sale of liquors to minors and drunkards, and also on Sundays, and providing for the collection of damages from the liquor dealer, was passed. An amendment was offered to the people in 1886, which was not adopted, but in the next year a stringent prohibitory law was passed. Connecticut passed a prohibitory law in 1854, but owing to some defect in the law, or to the indifference of the people, it could not be enforced, and became virtually a dead letter. About 1870, therefore, it was superseded by the present license law, which has the local option feature. This has given opportunity to a large number of towns and districts to positively forbid the sale of liquor in their localities, so that nearly half of the State is under practical prohibition. Michigan, in 1853, adopted a prohibitory law which was repealed almost immediately. A similar law, however, was adopted in 1855, which continued on the statute books for about twenty years. As it had become inoperative through popular indifference, it was replaced by a license law in 1875. This latter was strengthened in 1883 by the adoption of a damage clause. In 1885 New York passed a prohibitory law, which shared the fate of many similar enactments, being declared unconstitutional, and was repealed the following year. In 1861 efforts had been made to secure prohibition in the Revised Constitution, but the result was a failure. The extent of New Jersey's prohibition is a law passed in 1797, and still in force, forbidding the distribution or sale of liquors at a public auction. Pennsylvania once had a prohibitory statute on its books for a few months. It was adopted in 1855 and repealed in 1856. This law had been preceded by a "no-license act" which had been enacted by the Legislature in 1846, and had been pronounced unconstitutional by the Su

a license law, which is still in existence. Three
other States Indiana, Illinois, and Iowa-
adopted prohibitory laws in 1855. That of
Indiana was declared void soon after, and has
never been reënacted. The legislative enact-
ment of Illinois was submitted to the people
and rejected by them. Since then no effort
has been made to make the State prohibitory,
but a high license law was passed by the Leg-
islature of 1882-'83. This law has been de-
clared constitutional by the courts, and has
been generally successful in its operation. The
Iowa law has stood, with some modifications,
and, where public opinion has supported it,
has been generally executed.
In 1882 a pro-
hibitory clause was put into the Constitution
by popular vote. This amendment has been
declared void by the Supreme Court on account
of certain technical errors in drawing it up.
In 1884 a prohibitory law was passed. Ohio
put a "no-license" clause in its constitution
in 1851, and the sale of liquors has been vir-
tually free throughout the State. Attempts
have been made at several times to regulate
the traffic by law, but all have failed. Two
of the States adopted prohibitory laws while
they were still under territorial organization —
Minnesota in 1852 and Nebraska in 1855.
both cases the law was modified to make it fit
public sentiment more nearly, and both States
now have high license laws. Kansas adopted
a modified prohibitory law in 1866. In 1880
the popular vote added an amendment to the
Constitution prohibiting the manufacture and
sale of intoxicating liquors in the State "ex-
cept for medical, scientific, and mechanical
purposes." In Georgia, ninety-five counties
have suppressed the sale of liquor through the
privilege of local option. Similar laws are
made somewhat effective, also, in Texas,
Arkansas, and Florida. Other States have
laws forbidding the sale of liquor within a cer-
tain distance of a school, or to minors, to
persons of notoriously intemperate habits, etc.

In

The Law of Subscriptions.-1. Subscription is the placing of a signature under a written or printed engagement. By such an act a person contracts, in writing, to pay a

117

sum of money for a specific purpose; as a sub- year and collect the subscription price for that scription to a charitable institution, a sub-year as well as the preceding. scription for a book, etc.

2. "The law on the subject of these subscription papers,' says Parsons, and of all voluntary promises of contribution, is substantially this: No such promises are binding unless something is paid for them, or unless some party for whose benefit they are made (and this party may be one or more of the subscribers), at the request, express or implied, of the promisor, and on the faith of the subscription, incurs actual expense or loss, or enters into valid contracts with other parties As the which will occasion expense or loss. objection to these promises, or the doubt about them, comes from the want of consideration, it may be removed by a seal to each name, or by one seal, which is declared in the instrument to be the seal of each."

3.

A person subscribing for a book is bound to take it when delivered by the agent, provided it corresponds with the sample copy shown him when the subscription was given. The agent or publisher may recover at law the price of the book should the subscriber refuse to take it when presented to him.

4. There is no postal law regulating the transactions between publishers and subscrib

ers.

The ordinary rules of contract govern all relations between the parties concerned, and the post office has no part except to deliver the article, or return it when ordered to do so. 5. If the publisher of any paper or periodical sends his paper or magazine, the postmaster must deliver it, if the person to whom it is sent will take it. If he will not take it, the postmaster must notify the publisher.

6. If a person subscribes for a periodical for a given period, say one year, and the publisher sends it accordingly, the subscriber cannot terminate the contract by stopping his But at paper at any time during the year. the end of the year the subscriber may stop his paper even without paying the subscription due. He is under no legal obligation to take The fact that he has the paper another year. not paid for the expired year's subscription does not bind him to continue taking the paper. He can stop taking it at the end of the year and the publisher can sue for and collect his year's subscription only.

7. If at the end of the year the publisher continues to send his paper and the subscriber to receive it, the sending is the offer of another year's subscription at the same price, and the receiving of the paper is an acceptance. The implied contract from such action is a renewal of the subscription; and the publisher can send the paper for the renewed term of one

8. If the publisher advertises terms of subscription, all parties taking the paper under these conditions will be held according to the conditions.

RIGHTS AND OBLIGATIONS OF
PARENTS AND CHILDREN.

In ancient domestic life the father ruled as
Christian civiliza-
absolute monarch over the family. So it is
still in oriental countries.
tion has greatly modified this and laws have
been enacted that set forth the relation of par-
ent and child, defining the duties and obliga-
tions of each.

Rights of Parents.-1. As long as a child is under age he is subject to the control As long as a of the parents, who have all reasonable authority to enforce obedience. child is properly treated by the parents no one has a right to interfere nor to take away and When a child is retain a child against their wishes. 2. Adopting a Child. adopted by another family its parents lose their claim upon it and the adopting persons take their place. A child cannot be adopted without the consent of its parents, but if consent is once given it cannot be revoked.

A child over fourteen must himself consent to the adoption. The Court has in all cases the right to consent to or refuse the adoption. Application must therefore be made at the County Court and the Judge will consider it and pass upon it.

3. Punishment. Parents have a right to punish their minor children providing they are not guilty of cruelty. Brutality is severely The punishment punished by law as a crime. must be reasonable, leaving no bruises nor injuring the health of the child.

4. Claims upon Earnings. While the child is a minor parents have a right to all his earnings. They can claim them of his employer. When Parents, however, may free the child and allow him to collect and use his own wages. this is once made public the parents cannot A child has no thereafter collect the child's wages. 5. A Runaway Child. right to leave home without permission of the parents; if he does he can be brought back by force. Relations or others who would keep him can be forced by law to give him up unless it can be shown that the father is brutal in his treatment of the child or is not capable because of drunkenness or other causes to properly care for the child.

Obligations of Parents.-- Obligation to Support. The law requires that parents shall support their minor children. A child having

property of his own does not relieve the par- the trade or business which he undertook to ents from supporting him. They can, how- teach him. If he corrects for misbehavior, ever, by applying to the Court, get permission the punishment must be moderate and reasonto use a part or all of the income from the child's property for his support. Beyond this the parents have no claim upon or control over the child's property.