USA > Illinois > McHenry County > Biographical directory of the tax-payers and voters of McHenry County : containing also a map of the county, a condensed history of the state of Illinois, an historical sketch of the county, its towns and villages, an abstract of everyday laws of the state, a business directory, officers of societies, lodges and public officers, a department of general information for farmers, dairymen, etc., etc > Part 4
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The wife of Sergeant Holt, a large and powerful woman, behaved as bravely as an Amazon. She rode a fine, high-spirited horse, which the Indians coveted, and several of them attacked her with the butts of their guns, for the purpose of dismounting her ; but she used the sword which she had snatched from her dis- abled husband so skillfully that she foiled them ; and, suddenly wheeling her- horse, she dashed over the prairie, followed by the savages shouting, " The brave woman ! the brave woman ! Don't hurt her!" They finally overtook her, and while she was fighting them in front, a powerful savage came up behind her, seized her by the neck and dragged her to the ground. Horse and woman were made captives. Mrs. Holt was a long time a captive among the Indians,. but was afterward ransomed.
In this sharp conflict two-thirds of the white people were slain and wounded, and all their horses, baggage and [provisions were lost. Only twenty-eight straggling men now remained to fight five hundred Indians rendered furious by the sight of blood. They succeeded in breaking through the ranks of the murderers and gaining a slight eminence on the prairie near the oak woods. The Indians did not pursue, but gathered on their flanks, while the chiefs held. a consultation on the sand-hills, and showed signs of willingness to parley. It would have been madness on the part of the whites to renew the fight ; and so Capt. Heald went forward and met Blackbird on the open prairie, where terms of surrender were soon agreed upon. It was arranged that the white people should give up their arms to Blackbird, and that the survivors should become
29
HISTORY OF THE STATE OF ILLINOIS.
prisoners of war, to be exchanged for ransoms as soon as practicable. With this understanding, captives and captors started for the Indian camp near the fort, to which Mrs. Helm had been taken bleeding and suffering by Black Partridge, and had met her step-father and learned that her husband was safe.
A new scene of horror was now opened at the Indian camp. The wounded, not being included in the terms of surrender, as it was interpreted by the Indians, and the British General, Proctor, having offered a liberal bounty for American scalps, delivered at Malden, nearly all of the wounded men were killed and scalped, and the price of the trophies was afterward paid by the British Government.
ABSTRACT OF ILLINOIS STATE LAWS.
BILLS OF EXCHANGE AND PROMISSORY NOTES.
No promissory note, check, draft, bill of exchange, order, or note, nego- tiable instrument payable at sight, or on demand, or on presentment, shall be entitled to days of grace. All other bills of exchange, drafts or notes are entitled to three days of grace. All the above mentioned paper falling due on SUNDAY, NEW YEAR'S DAY, THE FOURTH OF JULY, CHRISTMAS, or any day appointed or recommended by the PRESIDENT OF THE UNITED STATES or the GOVERNOR OF THE STATE as a day of FAST OR THANKSGIVING, shall be deemed as due on the day previous, and should two or more of these days come together, then such instrument shall be treated as due on the day previous to the FIRST OF SAID DAYS. NO DEFENSE can be made against a negotiable instrument (ASSIGNED BEFORE DUE) in the hands of the assignee without notice, except FRAUD was used in obtaining the same. To hold an INDORSER, due diligence must be used BY SUIT, in collecting of the maker, unless suit would have been UNAVAILING. Notes payable to person named or to order, in order to absolutely TRANSFER TITLE, must be indorsed by the PAYEE. Notes payable to BEARER may be transferred by DELIVERY, and when so payable, every indorser thereon is held as. a GUARANTOR OF PAYMENT unless otherwise ex- pressed.
In computing interest or discount on negotiable instruments, a MONTH shall be considered a CALENDAR MONTH OF TWELFTH of a year, and for less than a month, a day shall be figured a THIRTIETH part of a month. Notes only bear interest when so expressed, but after due they draw the legal interest, even if not stated.
INTEREST.
The legal rate of interest is six per cent. Parties may agree in WRITING on a rate not exceeding TEN per cent. If a rate of interest greater than ten per cent. is contracted for, it works a forfeiture of the whole of said interest, and only the principal can be recovered.
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HISTORY OF THE STATT OF ILLINOIS.
DESCENT.
When no will is made, the property of a deceased person is distributed as follows :
First. To his or her children and their descendants, in equal parts ; the descendants of the deceased child or grandchild taking the share of their deceased parents in equal parts among them.
Second. When there is no child of the intestate, nor descendant of such child, and no widow or surviving husband, then to the parents, brothers or sisters of the deceased, and their descendants, in equal parts among them, allowing to each of the parents, if living, a child's part, or to the survivor of them if one be dead, a double portion ; and if there is no parent living, then to the brothers and sisters of the intestate, and their descendants.
Third. When there is a widow or surviving husband, and no child or children, or descendants of a child or children of the intestate, then (after the payment of all just debts) one-half of the real estate and the whole of the personal estate shall descend to such widow or surviving husband as an absolute estate forever.
Fourth. When there is a widow or a surviving husband, and also a child or children, or descendants of such child or children of the intestate, the widow or surviving husband shall receive, as his or her absolute personal estate, one- third of all the personal estate of the intestate.
Fifth. If there is no child of the intestate, or descendant of such child, and no parent, brother or sister, or descendant of such parent, brother or sister, and no widow or surviving husband, then such estate shall descend in equal parts to the next of kin to the intestate, in equal degree (computing by the rules of the civil law), and there shall be no representation among collaterals, except with the descendants of brothers and sisters of the intestate; and in no case shall there be any distinction between the kindred of the whole and the half blood.
Sixth. If any intestate leaves a widow or surviving husband and no kindred, his or her estate shall descend to such widow or surviving husband.
WILLS AND ESTATES OF DECEASED PERSONS.
No exact form of words is necessary in order to make a will good at law. Every male person of the age of 21 years, and every female of the age of 18 years, of sound mind and memory, can make a valid will; it must be in writing, signed by the testator or by some one in his or her presence and by his or her direction, and attested by two or more credible witnesses. Care should be taken that the witnesses are not interested in the will. Persons knowing them- selves to have been named in the will or appointed executor must within thirty days of the death of deceased cause the will to be proved and recorded in the proper. county, or present it and refuse to accept; on failure to do so, are liable
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HISTORY OF THE STATE OF ILLINOIS.
to forfeit the sum of $20 per month. Inventory to be made by executor or adininistrator within three months from date of letters testamentary or of administration. Executors' and administrators' compensation not to exceed six per cent. on amount of personal estate, and three per cent. on money realized from real estate, with such additional allowance as shall be reasonable for extra services. Appraisers' compensation, $2 per day.
Notice requiring all claims to be presented against the estate shall be given by the executor or admininistrator WITHIN SIX MONTHS of being qualified. Any person having a claim and not presenting it at the time fixed by said notice is required to have summons issued notifying the executor or adminis- trator of his having filed his claim in court ; in such cases, the costs have to be paid by the claimant. CLAIMS should be filed within TWO YEARS from the time ADMINISTRATION is granted on an estate, as after that time they are for- ever barred, unless other estate is found that was not inventoried. MARRIED WOMEN, INFANTS, PERSONS INSANE, IMPRISONED or without the UNITED STATES, in the employment of the UNITED STATES, or of THIS STATE, have TWO YEARS after their disabilities are removed to file claims.
CLAIMS are classified and paid out of the estate in the following manner :
First. Funeral expenses.
Second. The widow's award, if there is a widow ; or children. if there are children, and no widow.
Third .. Expenses attending the last illness, not including physician's bill. Fourth. Debts due the common school or township fund.
Fifth. All expenses of proving the will and taking out letters testament- ary or administration, and settlement of the estate, and the physician's bill in the last illness of deceased.
Sixth. Where the deceased has received money in trust for any purpose, his executor or administrator shall pay out of his estate the amount received and not accounted for.
Seventh. All other debts and demands of whatsoever kind, without regard to quality or dignity, which shall be exhibited to the court within two years from the granting of letters.
AWARD TO WIDOW AND CHILDREN, exclusive of debts and legacies or bequests, except funeral expenses :
First. The family pictures and wearing apparel, jewels and ornaments of herself and minor children.
Second. School books and the family library of the value of $100.
Third. One sewing machine.
Fourth. Necessary beds, bedsteads and bedding for herself and family.
Fifth. The stoves and pipe used in the family, with the necessary cooking utensils, or, in case they have none, $50 in money.
Sixth. Household and kitchen furniture to the value of $100.
32
HISTORY OF THE STATE OF ILLINOIS.
Seventh. One milch cow and calf for every four members of her family.
Eighth. Two sheep for each member of her family and the fleeces taken from the same, and one horse, saddle and bridle.
Ninth. Provisions for herself and family for one year.
Tenth. Food for the stock above specified for six months.
Eleventh. Fuel for herself and family for three months.
Twelfth. One hundred dollars' worth of other property suited to her con- dition in life, to be selected by the widow.
The widow, if she elects, may have in lieu of the said award, the same per- sonal property or money in place thereof as is or may be exempt from execu- . tion or attachment against the head of a family.
TAXES.
The owners of real and personal property, on the first day of May in each year, are liable for the taxes thereon.
Assessments should be completed before the fourth Monday in June, at which time the town board of review meets to examine assessments, hear objec- tions, and make such changes as ought to be made. The county board have also power to correct or change assessments.
The tax books are placed in the hands of the Town Collector on or before the tenth day of December, who retains them until the tenth day of March following, when he is required to return them to the County Treasurer, who then collects all delinquent taxes.
No costs accrue on real estate taxes till advertised, which takes place the first day of April, when three weeks' notice is required before judgment. Cost of advertising, twenty cents each tract of land, and ten cents each lot.
Judgment is usually obtained at May term of County Court. Costs six cents each tract of land, and five cents each lot. Sale takes place in June. Costs in addition to those before mentioned, twenty-eight cents each tract of land, and twenty-seven cents each town lot.
Real estate sold for taxes may be redeemed any time before the expiration of two years from the date of sale, by payınent to the County Clerk of the amount for which it was sold, and twenty-five per cent. thereon if redeemed within six months, fifty per cent. if between six and twelve months, if between twelve and eighteen months seventy-five per cent., and if between eighteen months and two years one hundred per cent., and in addition, all subse- quent taxes paid by the purchaser, with ten per cent. interest thercon, also one dollar each tract if notice is given by the purchaser of the salc, and a fee of twenty-five cents to the clerk for his certificate.
JURISDICTION OF COURTS.
Justices have jurisdiction in all civil cases on contracts for the recovery of moneys for damages for injury to real property, or taking, detaining or injuring
33
HISTORY OF THE STATE OF ILLINOIS.
personal property ; for rent ; for all cases to recover damages done real or per- sonal property by railroad companies, in actions of replevin, and in actions for damages for fraud in the sale, purchase or exchange of personal property, when the amount claimed as due is not over $200. They have also jurisdiction in all cases for violation of the ordinances of cities, towns or villages. A Justice of the Peace may orally order an officer or a private person to arrest any one committing or attempting to commit a criminal offense. He also. upon com- plaints can issue his warrant for the arrest of any person accused of having committed a crime, and have him brought before him for examination.
COUNTY COURTS
Have jurisdiction in all matters of probate, settlement of estates of de- ceased persons, appointment of guardians and conservators, and settlement of their accounts ; all matters relating to apprentices; proceedings for the collec- tion of taxes and assessments, and in proceedings of executions, administrators, guardians and conservators for the sale of real estate. In law casess they have concurrent jurisdiction with Circuit Courts in all cases where Justices of Peace now have when the amount claimed shall not exceed $500, and in all criminal offenses where the punishment is not imprisonment in the penitentiary or death, but no appeal is allowed from Justices of the Peace to County Courts.
Circuit Courts-Have unlimited jurisdiction.
LIMITATION OF ACTION.
Accounts five years. Notes and written contracts ten years. Judgments twenty years. Partial payment or new promise in writing, within or after said period, will revive the debt. Absence from the State deducted, and when the cause of action is barred by the law of another State, it has the same effect here. Slander and libel, one year. Personal injuries, two years. To recover land or make entry thereon, twenty years. Action to foreclose mortgage or trust deed, or make a sale, within ten years.
All persons in possession of land, and paying taxes for seven consecutive years, with color of title, and all persons paying taxes for seven consecutive years, with color of title, on vacant land, shall be held to be the legal owners to the extent of their paper title.
MARRIED WOMEN
'May sue and be sued. Husband and wife not liable for each other's debts, either before or after marriage, but both are liable for expenses and education of the family.
She may contract the same as if unmarried, except that, in a partnership business, she cannot, without consent of her husband, unless lie has abandoned or deserted her, or is idiotic or insane, or confined in penitentiary ; she is enti- tled to and can recover her own earnings, but neither husband nor wife is enti-
.
34
'HISTORY OF THE STATE OF ILLINOIS.
tled to compensation for any services rendered for the other. At the death of the husband, in addition to widow's award, a married woman has a dower inter- est (one-third) in all real estate owned by her husband after their marriage, and which has not been released by her, and the husband has the same interest in the real estate of the wife at lier death.
EXEMPTIONS FROM FORCED SALE.
HOME WORTH $1,000, AND PERSONAL PROPERTY .- Lot of ground and buildings thereon, occupied as a residence by the debtor, being a householder and having a family, to the value of $1,000. Exemption continues after the death of the householder for the benefit of widow and family, some one of them occupying the homestead until youngest child shall become 21 years of age, and until death of widow. There is no exemption from sale for taxes, assessments, debt or liability incurred for the purchase or improvement of said homestead. No release or waiver of exemption is valid, unless in writing, and subscribed by such householder and wife (if he have one), and acknowledged as convey- ances of real estate are required to be acknowledged. The following articles of personal property owned by the debtor are exempt from execution, writ of attachment and distress for rent : The necessary wearing apparel of every per- son ; one sewing machine; the furniture, tools and implements necessary to carry on his trade or business, not exceeding $100 in value ; the implements or library of any professional man, not exceeding $100 in value ; materials and stock designed and procured for carrying on his trade or business, and intended to be used or wrought therein, not exceeding $100 in value; and, also, when the debtor is the head of a family and resides with the same, necessary beds, bedsteads and bedding, two stoves and pipe, necessary household furniture, not exceeding in value $100, one cow, calf, two swine, one yoke of oxen, or two horses in lieu thereof, worth not exceeding $200, with the harness therefor, necessary provisions and fuel for the use of the family three months, and neces- sary food for the stock hereinbefore exempted for the same time ; the Bibles, school books and family pictures ; the family library, cemetery lots, and rights of burial and tombs for the repositories of the dead; one hundred dollars' worth of other property, suited to his condition in life, selected by the debtor. No personal property is exempt from sale for the wages of laborers or servants. Wages of a laborer who is head of a family cannot be garnisheed, except the sum due him is in excess of $25.
DEEDS AND MORTGAGES.
To be valid, there must be a valid consideration. Special care should be taken to have them signed, sealed, delivered and properly acknowledged, with the proper seal attached. Witnesses are not required. The acknowledgment must be made in this State before Master in Chancery, Notary Public, United States Commissioner, Circuit or County Clerk, Justice of the Peace or any
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HISTORY OF THE STATE OF ILLINOIS.
Court of Record having a seal, or any Judge, Justice or Clerk of any such Court. When taken before a Notary Public or United States Commissioner, the same shall be attended by his official scal ; when taken before a Court or Clerk thercof, the same shall be attended by the seal of such Court, and wlien taken before a Justice of the Peace residing out of the county where the real estate to be conveyed lies, there shall be added a certificate of the County Clerk, under his seal of office, that he was a Justice of the Peace in the county at the time of taking the same. A deed is good without such certificate attached, but cannot be used in evidence unless such a certificate is produced or other com- petent evidence introduced. Acknowledgments made out of the State must either be exccuted according to the laws of this State, or there should be at- tached a certificate that it is in conformity with the laws of the State or country where cxecuted. Where this is not donc, the same may be proved by any other legal way. Acknowledgments where the homestead rights are to be waived must state as follows : "Including the release and waiver of the right of home- stead."
Notaries Public can take acknowledgments anywhere in the State.
Sheriffs, if authorized by the mortgagor of real or personal property in the mortgage, may sell the property mortgaged.
In the case of the death of grantor or holder of the equity of redemption of real estate mortgaged or conveyed by deed of trust where equity of redemp- tion is waived and it contains power of sale, must be foreclosed in the same manner as a common mortgage in court.
ESTRAYS.
Horses, mules, asses, neat cattle, swine, sheep or goats found straying at any time during the year, in counties where such animals are not allowed to run at large, or between the last day of October and the 15th day of April in other counties, the owner thereof being unknown, may be taken up as estrays.
No person not a householder in the county where estray is found can law- fully take up an estray, and then only upon or about his farm or place of resi- dence. Estrays should not be used before advertised, except animals giving milk, which may be milked for their benefit.
Notices must be posted up within five (5) days in three (3) of the most pub- lic places in the town or precinet in which estray was found, giving the resi- dence of the taker up and a particular description of the estray, its age, color and marks natural and artificial and stating before what Justice of the Peace in such town or precinct and at what tine, not less than ten (10) nor more than fifteen (15) days from the time of posting such notices, he will apply to have the estray appraised.
A copy of such notice should be filed by the taker up with the Town Clerk, whose duty it is to enter the same at large, in a book kept by him for that purpose.
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HISTORY OF THE STATE OF ILLINOIS.
If the owner of estray shall not have appeared and proved ownership and. taking the same away, first paying the taker up his reasonable charges for tak- ing up, keeping and advertising the same, the taker up shall appear before the Justice of the Peace mentioned in above mentioned notice and make an affidavit as required by law.
As the affidavit has to be made before the Justice and all other steps as to appraisement, etc., are before him, who is familiar-therewith, they are, there- fore, omitted here.
Any person taking up an estray in any other place than about or upon his farm or residence, or without complying with the law, shall forfeit and pay a fine of ten dollars with costs.
Ordinary diligence is required in taking care of estrays, but in case they die or get away the taker is not liable for the same.
· GAME.
It is unlawful to hunt, kill or in any manner interfere with deer, wild turkey, prairie chicken, partridge or pheasants between the first day of January and the fifteenth day of August ; or any quail between the first day of January and the first day of October ; or any woodcock, between the first day of Janu- ary and the first day of July ; or any wild goose, duck, Wilson snipe, brandt or other water fowl between the fifteenth day of April and the fifteenth day of August in each and every year. Penalty : Fine not less than $10 nor more than $25 and costs of suit, and shall stand committed to county jail until fine is paid, but not exceeding ten days.
It is unlawful to hunt with gun, dog or net, within the enclosed grounds or lands of another, without permission. Penalty : Fine not less than $3 and not exceeding $100, to be paid into school fund.
WEIGHTS AND MEASURES.
Whenever any of the following articles shall be contracted for, or sold or delivered, and no special contract or agreement shall be made to the contrary, the weight per bushel shall be as follows, to-wit :
Pounds.
Pounds.
Stone coal.
80
Buckwheat.
52
Unslaked lime ..
80
Coarse salt. 50
Corn in the ear
70
Barley 48
Wheat ..
60
Corn meal
48
Irish potatoes
60
Castor beans 46
White beans
60
Timothy seed 45
Clover seed
60
Hemp seed 44
Malt 38
Shelled corn 56
Dried peaches
33
Rye.
56
Oats
32
Flax seed. 56
Dried apples
24
Sweet Potatoes
55
Bran 20
Turnips 55
Blue grass seed 14
Fine salt. 55
Hair (plastering) 8
Penalty for giving less than the above standard is double the amount of property wrongfully not given and ten dollars addition thereto.
.
Onions 57
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ABSTRACT OF ILLINOIS STATE LAWS.
FENCES.
Fence Viewers. - In counties under township organization, the Town Assessor and Commissioners of Highways shall be ex officio Fence Viewers in their respective towns. In counties not under township organization, the County Board, at their annual meeting in December, shall appoint three Fence Viewers in each precinct, who shall hold their office for one year and until their suc- cessors are appointed.
What Lawful Fence .- Fences four and one-half feet high, and in good repair, consisting of rails, timber, boards, stone, hedges, or whatever the Fence Viewers of the town or precinct, where the same shall lie, shall consider equivalent thereto, shall be deemed legal and sufficient fences; provided, that in counties under township organization the electors at any annual town meet- ing may determine what shall constitute a legal fence in the town and in counties not under township organization, the power to regulate the height of fences shall be vested in the County Board.
Division Fences .- Where two or more persons shall have lands adjoining, each of them shall make and maintain a just proportion of the division fence between them, except the owner of either of the adjoining lands shall choose to let such land lie open; provided, that where owners of adjoining lands, by mutual agreement, have heretofore built, or may hereafter build their respective portions of a partition fence, it shall not be lawful for either to remove his part of said fence, so long as he may crop or use such land for farm purposes, or without giving the other party one year's notice in writing of his intentions to move his portion of the fence.
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