decree of the court, or otherwise. as the several State laws determine, or by agreement of the parties.

A mortgage may be drawn so that a single failure to pay the interest at the stated time may render due the whole sum, principal and interest, and permit the mortgagee to sell the property upon taking the necessary legal steps, long before the date of its maturity.

The foreclosure of a mortgage is a legal declaration that the property has been forfeited and must be sold.

$10,000.

Form of a Note Secured by Mortgage.

CHAMPAIGN, Ill., February 4, 1898. For value received, on the fourth day of February, A. D. 1898. I promise to pay to Robert Fairchild, or his order, at the First National Bank, in Champaign, in the State of Illinois, the sum of Ten Thousand Dollars ($10,000), with interest at eight per cent. per annum, said interest to be paid without grace semi-annually, to wit: On the fourth day of August, 1898, the fourth day of February, 1899, the fourth day of August, 1899, the fourth day of February, 1900, the fourth day of August, 1900, and the fourth day of February. 1901, in accordance with the requirements of six coupon notes, bearing even date herewith, for Four Hundred Dollars ($400) each, payable respectively upon the days above named, at such place in the city of Champaign, in the State of Illinois, as he, his executors, administrators or assigns may appoint in writing, and in default of such appointment, then at the First National Bank, in said city of Champaign, with interest upon each coupon note after due until paid, at eight per cent. per annum.

BENJAMIN HARRISON.

Caution to Persons Loaning Money.

Before Mr. Fairchild gives the money to Mr. Harrison, as specified in the above note, he should require that an abstract of title to the land be made from the records, at the recorder's office, of the property upon which it is proposed to place a mortgage. This abstract, which is made by a person duly authorized to make the same at the county seat, should show, and it will if lawfully made, whether there is an incumbrance, such as a deed, previous mortgage, or tax lien, upon the property or not.

If Harrison has borrowed money heretofore, and given a previous mortgage to any one, then the person who holds the first mortgage will have the first claim in case the property mortgaged by Harrison has to be sold.

Should the property when sold bring only enough to pay the first mortgage, then Fairchild would have no security whatever. Should it bring more than is required to pay the first claim, then the surplus will go to Fairchild, if his is the second mortgage; and should there be more than enough to pay a first and second mortgage, the surplus will go toward the payment of a third mortgage if there be such upon the property.

The person loaning an amount of money which it is desired to have

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A mortgage may be assigned by the mortgagee to some other person for a valuable consideration.

If a mortgage is given to secure the payment of a certain note, the note must be transferred to the party to whom the mortgage is assigned.

When forfeited property is sold upon a mortgage, should it bring more money than is necessary to pay the debt, interest, costs and charges, the surplus funds must be paid to the mortgagor or his representatives.

absolutely secured by mortgage, should first ascertain from the county records, through an absolutely responsible person, that the property is perfectly free from incumbrance. Second, he should, as soon as he gets the mortgage, have it recorded. This applies equally

to all mortgages, whether upon real estate or personal property. The following shows the mortgage taken by Fairchild from Harrison, upon property which is found to be, upon investigation, absolutely free from incumbrance. As will be seen by examination, in case the note is not paid when due, this mortgage provides that the property shall be forfeited and sold at public auction, according to the legal forms of foreclosing a mortgage.

Real-Estate Mortgage to Secure Payment of Above Note.

THIS INDENTURE, made this fourth day of February. in the year of our Lord one thousand eight hundred and ninety-eight, between Benjamin Harrison, of Urbana, county of Champaign, and State of Illinois, and Helen, his wife, party of the first part, and Robert Fairchild, party of the second part:

Whereas, the said party of the first part is justly indebted to the said party of the second part in the sum of Ten Thousand Dol.ars, secured to be paid by a certain promissory note, bearing even date herewith, due and payable at the First National Bank in Champaign, Ill., with interest, on the fourth day of February, in the year one thousand eight hundred and ninety-one:

Now, therefore, this indenture witnesseth, that the said party of the first part, for the better securing the payment of the money aforesaid, with interest thereon, according to the tenor and effect of the said promissory note above mentioned; and, also, in consideration of the further sum of One Dollar to them in hand paid by the said party of the second part, at the delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, and convey, unto the said party of the second part, his heirs and assigns, forever, all that certain parcel of land, situate, etc.

[Describing the premises.]

To have and to hold the same, together with all and singular the tenements, hereditaments, privileges and appurtenances thereunto belonging or in any wise appertaining. And, also, all the estate, interest, and claim whatsoever, in law as well as in equity, which the party of the first part have in and to the premises hereby conveyed unto the said party of the second part, his heirs and assigns, and to his only proper use, benefit and behoof. And the said Benjamin Harrison, and Helen, his wife, party of the first part, hereby expressly waive, relinquish, release, and convey unto the said party of the second part, his heirs, executors, administrators, and assigns, all right, title, claim, interest, and benefit whatever, in

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and to the above-described premises, and each and every part thereof, which is given by or results from all laws of this State pertaining to the exemption of homesteads.

Provided always, and these presents are upon this express condition, that if the said party of the first part, their heirs, executors, or administrators, shall well and truly pay, or cause to be paid, to the said party of the second part, his heirs, executors, administrators, or assigns, the aforesaid sum of money, with such interest thereon, at the time and in the manner specified in the above-mentioned promissory note, according to the true intent and meaning thereof, then and in that case, these presents, and everything herein expressed, shall be absolutely null and void.

But if default shall be made in the payment of the said sum of money mentioned in the note aforesaid, or the interest that may become due thereon, or of any part thereof, then and from thenceforth it shall be lawful for the said party of the second part, his heirs, executors, administrators or assigns, to enter into and upon all and singular the premises hereby granted, or intended so to be, and to sell and dispose of the same, and all benefit and equity of redemption of the said party of the first part, his heirs, executors, administrators, or assigns therein, at public auction, to the highest and best bidder, according to the act in such case made and provided. In witness whereof, the said party of the first part hereunto set their hands and seals, the day and year first above written. Signed, sealed and delivered in presence of OTIS OBER,

ANDREW AUSTIN.

BENJAMIN HARRISON, HELEN HARRISON.

L. S. L. S.

The foregoing note being paid as was agreed, Fairchild gives a release of mortgage to Harrison, which, like all releases and mortgages should be recordeu, to show that there is now no incumbrance on the property.

A release is simply a setting free, or the relinquishment of an established interest in property, real or personal, belonging to another party; as, where chattels or lands have been mortgaged, and the mortgage has been duly paid, the mortgagee gives his written acknowledgment that he is satisfied and has no longer any claim upon the mortgagor, as shown in the following:

Form of Release of Mortgage When Note is Paid.

For and in consideration of the fulfillment of all the covenants contained in a certain mortgage bearing date the fourth day of February, A. D. 1898, made and executed by Benjamin Harrison, of Urbana, Champaign county, and State of Illinois, and Helen, his wife, to secure the payment to me, Robert Fairchild, of the same place, of his note for Ten Thousand Dollars, with interest bearing even date with said mortgage, which said mortgage was duly recorded in the recorder's office of said Champaign county, Illinois, on the fourth day of February, A. D. 1898, I declare the said mortgage fully satisfied, and consent that the same may be discharged of record.

Dated at Urbana, Champaign county, and State of Illinois, February 5, 1901,

KNOW ALL MEN BY THESE PRESENTS, That the whole debt secured by mortgage upon the following-described real estate, situate in the county of Champaign, and State of Illinois, to wit: [Here describe the premises.]

Wherein Benjamin Harrison is grantor, and Robert Fairchild is grantee, and dated February 4, A. D. 1898, a transcript of which is recorded in vol. iv. p. 73, in the office of the register of deeds of said county, has been fully satisfied; in consideration of which said mortgage is hereby released. Witness my hand and seal at Urbana, Champaign county, State of Illinois, February 5, A. D. 1901.

Methods of foreclosure vary in different States, but possess some general features, thus:

Application to a court of chancery for authority to foreclose; notification to the mortgagor; hearing of the parties; reference to a master in chancery; advertising the property; selling it at a speciled time to the highest bidder at auction; deeding it to the purchaser, and paying over any surplus funds remaining from the sale to the mortgagor. To illustrate:

Joseph Lacy and his wife, owning certain lands in Cumberland county, Tennessee, and needing money to use in establishing a small mercantile business at Nashville, borrow $1,500 of Robert Jones, their neighbor, and give him a mortgage for the amount, on certain real estate in Cumberland county, valued at from $2,500 to $3,000, bearing even date with Lacy's promissory note, due at the end of three years, at six per cent. interest per annum, the interest to be paid every six months. Two years elapse, and Lacy neglects to pay interest on his note after the first six months. Robert Jones, having therefore decided to foreclose the mortgage on account of this default, gives notice thereof in form following, by publishing it in some newspaper in the county where the land is located, twelve weeks or as long as the State laws require:

Notice of Intended Sale of Mortgaged Property. MORTGAGEE'S SALE. WHEREAS, Joseph Lacy, and Emily Lacy, his wife, did, by their certain mortgage, dated the third day of July, 1898, and recorded in the recorder's office of Cumberland county, Tennessee, in book 74 of records, at p. 302, convey to the undersigned as mortgagee the real estate hereinafter described, to secure the payment of the certain promissory note of said Joseph Lacy, of even date with said mortgage, for the sum of $1,500, payable on or before three years after the date thereof, to the order of Robert Jones, the undersigned, with interest, at the rate of six per cent. per

annum.

And, whereas, default has been made in the payment of said promissory note and the interest accruing thereon since one year and six months from the date thereof;

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Now, therefore, I, Robert Jones, as mortgagee, under the powers vested in me by said mortgage, and for the purposes expressed therein, will, by M. M. Wells, my attorney in fact, duly constituted therefor, on the 20th day of January, 1900, at nine o'clock in the forenoon, at the east door of the court-house at Crossville, in the county of Cumberland, in the State of Tennessee, sell at public auction, to the highest and best bidder for cash, the premises hereinafter described, and all the right, title, benefit and equity of redemption of the said Joseph Lacy, and Emily Lacy, his wife, their heirs and assigns therein, to wit: Lot seventy (70), division four (4), of the eastern subdivision in the northwest fractional quarter of section thirty-one (31), township thirty-eight (38) north, range fifteen (15) east, of the 3d P. M., in the county of Cumberland, and State of Tennessee, said lot having a frontage of 100 feet by a depth of 370 feet.

The amount claimed to be due upon the note described in said mortgage at the date of sale is $1,635.

Dated Crossville, October 7, 1899.

ROBERT JONES, Mortgagee.

When the foregoing notice has been printed the requisite number of times, the publisher of the newspaper in which it appeared, or the foreman of the printing-office from which the newspaper was issued, or the clerk of the publisher, must make an affidavit with printed copy of the mortgagee's notice of foreclosure and sale pasted beside the affidavit, as follows:

Affidavit that Notice of Sale Has Been Published.

STATE OF TENNESSEE, 88. County of Cumberland, S

Martin Newman, of the city of Crossville, in said county and State, being duly sworn, says that he is the printer and publisher of the Weekly Budget, a newspaper published at Crossville, in Cumberland county, and State of Tennessee, aforesaid; and that the annexed notice of mortgage sale has been published in the said newspaper twelve weeks successively, at least once in each week, the said publication beginning on the seventh day of October, A. D. 1898, and ending on the eighth day of January, A. D. 1899.

The publisher or mortgagee also makes an affidavit, to which a copy of the mortgagee's printed notice of sale is attached, that he delivered a copy of such notice to the county clerk for filing in his office. The publisher or mortgagee also makes a similar affidavit, to which a printed copy of the mortgagee's notice of sale is attached, that he has posted a copy of said notice on the outer door of the county court-house.

The mortgagee, or some proper officer, also makes a similar affidavit, to which a printed copy of the mortgagee's notice of sale is attached, that he delivered "a true copy of said notice to the wife (son or daughter of a competent age) "of the said Joseph Lacy, at his usual place of residence, No.- Blank street, he being absent therefrom at the time;" or that he served the said Joseph Lacy and Emily Lacy, his wife, by delivering a copy of said notice to each of them individually, and leaving the same with them;" or served Joseph Lacy with a notice of sale, of which the annexed printed notice is a copy, by depositing a copy of said notice in the post-office in Crossville, Tennessee, properly folded, and enclosed in a sealed envelope, and directed to him at his place of residence, No.- Blank street. "

in said county and State, being duly sworn, says that he sold the premises described in the annexed printed notice, by public auction, at the time and place of sale therein mentioned, to wit: On the twentieth day of January, A. D. 1900, at nine o'clock in the forenoon, at the east door of the court-house, in the city of Crossville, in said county and State, and that Thomas Paine then and there purchased the same, for the price of Twenty-Five Hundred Dollars, he being the highest bidder, and that being the greatest sum bidden for the

same.

And this deponent further says that said sale was made in the daytime, and, in all respects, honestly, fairly and legally conducted, according to his best knowledge and belief; and, also, that the said Thomas Paine purchased the said premises fairly and in good faith, as he verily believes.

RICHARD TENNYSON. Sworn before me this twentieth day of January, A. D. 1900.

GORHAM T. STILES, Justice of the Peace.

It now remains for the person holding the mortgage to figure up the principal and interest actually due upon the mortgage at the time of sale, adding to that amount all fees to legal officers, cost of advertising, and other necessary expenditures attending the foreclosure, to deduct the total sum from the $2,500 for which the property was sold, and to pay the surplus to the one who gave the mortgage. This having been done, the sheriff of the county proceeds to give a deed of the property sold to the one who buys it. This deed sets forth the circumstances of the indebtedness, the foreclosure of the mortgage, the advertising and the sale, and transfers the ownership to the purchaser in the usual form of a deed.

Usually there is a fixed time and method for the redemption of his forfeited real estate by the one who gave the mortgage, but the laws of the several States differ in this direction. Thus in North Carolina there is no redemption; in California six months are allowed for redemption upon repayment of the money for which the property was sold and two per cent. interest per month on the amount; in Arkansas, one year, with costs and 10 per cent. interest per annum: and in Alabama, two years, under the same conditions.

Form of Chattel Mortgage.

THIS INDENTURE, made and entered into this tenth day of March, in the year of our Lord one thousand eight hundred and ninety-eight, between Amos W. Barber, of the town of Waukegan, of the county of Lake, and State of Illinois, party of the first part, and Alonzo W. King, of the same town, county, and State, of the second part:

WITNESSETH, that the said party of the first part, for and in consideration of the sum of Six Hundred Dollars in hand paid, the receipt whereof is hereby acknowledged, does hereby grant, sell, convey, and confirm unto the said party of the second part, his heirs and assigns forever, all and singular, the following described goods and chattels, to wit:

Two four-year-old cream-colored horses, one Chickering piano, No. 6132, one tapestry carpet, 16x18 feet in size, one marble-top center-table, one Stewart cooking-stove, No. 4%, one black-walnut bureau with mirror attached, one set of parlor chairs (six in number), upholstered in green rep, with lounge corresponding with same in

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style and color of upholstery, now in possession of said Barber, at No. 8 State street, Waukegan, Ill.;

Together with all and singular the appurtenances thereunto belonging, or in any wise appertaining; to have and to hold the abovedescribed goods and chattels unto the said party of the second part, his heirs and assigns, forever.

Provided, always, and these presents are upon this express condition, that if the said Amos W. Barber, his heirs, executors, administrators, or assigns, shall, on or before the tenth day of March, A. D. one thousand eight hundred and ninety-nine, pay or cause to be paid to the said Alonzo W. King, or his lawful attorney or attorneys, heirs, administrators, or assigns, the sum of Six Hundred Dollars, together with the interest that may accrue thereon, at the rate of ten per cent per annum, from the tenth day of March, A. D. one thousand eight hundred and ninety-eight until paid, according to the tenor of one promissory note bearing even date herewith for the payment of said sum of money, that then and from thenceforth, these presents, and everything herein contained, shall cease, and be null and void, anything herein contained to the contrary notwithstanding.

Provided, also, that the said Amos W. Barber may retain the possession of and have the use of said goods and chattels until the day of payment aforesaid; and also, at his own expense, shall keep said goods and chattels; and also at the expiration of said time of payment, if said sum of money, together with the interest as aforesaid, shall not be paid, shall deliver up said goods and chattels, in good con

dition, to said Alonzo W. King, or his heirs, executors, administrators, or assigns.

And provided, also, that if default in payment as aforesaid, by said party of the first part, shall be made, or if said party of the second part shall at any time before said promissory note becomes due, feel himself unsafe or insecure, that then the said party of the second part, or his attorney, agent, assigns, or heirs, executors, or administrators, shall have the right to take possession of said goods and chattels, wherever they may or can be found, and sell the same at public or private sale, to the highest bidder for cash in hand, after giving ten days' notice of the time and place of said sale, together with a description of the goods and chattels to be sold, by at least four advertisements, posted up in public places in the vicinity where the said sale is to take place, and proceed to make the sum of money and interest promised as aforesaid, together with all reasonable costs, charges, and expenses in so doing; and if there shall be any overplus, shall pay the same without delay to the said party of the first part, or his legal representatives.

In testimony whereof, the said party of the first part has hereunto set his hand and affixed his seal, the day and year first above written.

VOREIGNERS, before they become citizens of the United States, as set forth in the following forms and explanations, are called aliens, and owe no allegiance to the State in which they reside.

Aliens do not possess the right to vote for the election of any officer of the government, town, municipal, county, State or national; nor can they hold public offices until they are naturalized or have declared their intentions to become citizens.

Their personal and property rights while aliens are, however, respected and protected by all branches of our government.

Comparing individuals with governments, the alien seems to bear about the same relation to citizenship that the Territories of the United States do to the Union-protected, but with certain privileges withheld.

The laws by which an alien is transformed into a citizen, and is endowed with all a citizen's rights and privileges, are established by the general government.

The United States laws require the applicant for naturalization to be an individual who

has lived within its territory for five years immediately before and up to the time of his application. He must also have resided during one year of the five in the State or Territory in which he makes his application. Two years before he can legally be naturalized, he must go before a federal court, or some local court of record, or the clerk of either of such courts, and make an affidavit that he proposes to become a full citizen of the United States at the proper time, and to renounce his allegiance to all other governments, princes or potentates, and, particularly, the sovereignty of the country from which he emigrated. In most States this declaration entitles him to vote. If an alien has served in the army or navy of the United States, and has been honorably discharged from such service, he may be naturalized after one year's residence in any State or Territory. Such residence must, however, be definitely proven before the court.

The first step in the process of legal naturalization, the applicant having duly shown that he is entitled to become a citizen, is to file in court a declaration of his intentions as follows:

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Proof of an Alien's Residence and Moral Character. CIRCUIT COURT,

COUNTY OF WEBB, 88. STATE OF TEXAS, Robert Morris, of Loredo, being duly sworn (or affirmed) says that he is a citizen of the United States, and is, and has been during the last past five years, well acquainted with Gustave Baum, now present; that said Gustave Baum has resided within the United States for at least five years last past, and for one year last, past within the State of Texas; and that during that time the said Gustave Baum has behaved as a man of good moral character, attached to the principles of the constitution of the United States, and well disposed to the good order and happiness of the same.

ROBERT MORRIS.

Sworn (or affirmed) in open court the twenty-fifth day of January, A. D. 1898. SIMON R. PETERSON, Clerk.

The Applicant's Oath of Allegiance Accompanying the Foregoing Proof.

CIRCUIT COURT, County of Webb, 88. STATE OF TEXAS, I, Gustave Baum, do swear (or affirm) that the contents of my petition are true; that I will support the constitation of the United States; and I now renounce and relinquish any title or order of nobility to which I am now or may hereafter be entitled; and I do absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, State, or Sovereignty whatever, and particularly to William, Emperor of the German confederation, of whom before I was a subject.

GUSTAVE BAUM.

Sworn (or affirmed) in open court, this twenty-fifth day of January, A. D. 1898. SIMON R. PETERSON, Clerk.

The applicant for citizenship having now complied with all the requirements of the naturalization law, by properly declaring his intentions, and proving his eligibility to become a citizen, and having taken the oath of allegiance to the United States government and renounced the claims of any other government upon him to the satisfaction of the court, is now entitled to receive the final certificate that he is a citizen of the United States. The form of the certificate is as follows:

Certificate of Citizenship After Having Been Fully Naturalized. UNITED STATES OF AMERICA,

STATE OF TEXAS,

County of Webb,

88.

Be it remembered that on the twenty-fifth day of January, in the year of our Lord one thousand eight hundred and ninety-eight, Gustave Baum, formerly of Berlin, in the empire of Germany, now of Loredo, Webb county, in the State of Texas, appeared in the circuit court (the said court being a court of record, having common-law jurisdiction, and a clerk and seal), and applied to the said court to be admitted to become a citizen of the United States of America, pursuant to the provisions of the several acts of Congress of the United States of America, for that purpose made and provided. And the said applicant having produced to the court such evidence, made such declaration and renunciation, and taken such oaths as are by the said acts required, it was ordered by the said court that the said applicant be admitted, and he was accordingly admitted by said court, to be a citizen of the United States of America.

Alien parents coming to this country bring mate children under eighteen years of age. These boys, residing here continuously for five or more years, become of age. Then they are eligible to naturalization, and are not required to make the formal declaration of intention two years before applying for citizenship, as in other But when they appear before the proper court to apply for citizenship they must make the declaration, and swear (or affirm) that for the three years immediately preceding their application such has been their intention, and in all other respects must comply with the naturalization laws.

cases.

88.

Proof of a Minor Alien's Residence and Good Character. CIRCUIT COURT, County of Oswego, STATE OF NEW YORK, Thomas G. Magill, of Oswego, N. Y., being duly sworn (or affirmed), says that he is a citizen of the United States, and is, and has been during the last past five years, well acquainted with Saunders McCarty, now present; that said Saunders McCarty has resided within the United States for at least five years last past, and for one year last past within the State of New York, that during that time the said Saunders McCarty has behaved as a man of good moral character, attached to the principles of the constitution of the United States; that said Saunders McCarty