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 5
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When Lands Inclosed-Contribution .- When any person shall have chosen to let his land lie open, if he shall afterward inclose the same, or if any owner of land adjoining upon the inclosure of another shall inclose the same upon the inclosure of another, he shall refund to the owner of the adjoining lands a just proportion of the value, at that time, of any division fence that shall have been made by such adjoining owner, if the same shall be a ditch or hedge, and if the same be not a ditch or hedge, he shall immediately build his proportion of such division fence or refund to said adjoining owner a just proportion of the value, at that time, of such fence.
Value of Fence, etc., Ascertained .- The value of such fence and the pro- portion thereof to be paid by such person, and the proportion of the division fence to be made and maintained by him in case of his inclosing his land, shall be determined by two Fence Viewers of the town, in counties under township organization, and, in other counties, by any two Fence Viewers of the precinct.
Neglect to Repair and Rebuild .- If any person neglect to repair or rebuild a division fence or portion thereof, which he ought to maintain, any two Fence Viewers of the town or precinct, as the case may be, shall, on complaint by "
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ABSTRACT OF ILLINOIS STATE LAWS.
the party aggrieved, after giving due notice to each party, examine such fence, and if they deem the same to be insufficient, they shall so notify the delinquent party and direct him to repair or rebuild the same within such time as they may deem reasonable.
Disputes Settled .- If disputes arise between the owners of adjoining lands concerning the proportion of fence to be made or maintained by either of them, such disputes shall be settled by any two of the Fence Viewers of the town or precinct, as the case may be, and in such cases it shall be the duty of the two Fence Viewers to distinctly mark and define the proportion of the fence to be made or maintained by each.
Choice of Viewers-Notice .- When any of the above mentioned matters shall be submitted to Fence Viewers, each party shall choose one, and if either neglect, after eight days' notice in writing to make such choice, the other party may select both, and for all purposes of notice under this act, it shall be suffi- cient to notify the tenant or person in possession of said adjoining premises, when the owner thereof is not a resident of the town in which such fences are situated.
Viewing Fence-Disagreement .- The two Fence Viewers so chosen shall ex- amine the premises, and hear the allegations of the parties. In cases of their disagreement, they shall select another Fence Viewer to act with them, and the decision of any two of them shall be final upon the parties for such dispute, and upon all parties holding under them.
Decision .- The decision of the Fence Viewers shall be reduced to writing ; shall contain a description of the fence, and of the proportion to be maintained by each, and their decision upon any other point in dispute between the parties submitted to them as aforesaid ; and shall be forthwith filed in the office of the . Town Clerk, or in the office of the County Clerk in counties which shall not have adopted township organization.
Neglect-Damages .- If any person who is liable to contribute to the erec- tion or reparation of a division fence shall neglect or refuse to make or repair his proportion of such fence, the party injured, after giving sixty days' notice, in writing, that a new fence should be erected, or ten days' notice, in writing, that the reparation of such fence is necessary, may make or repair the same at the expense of the party so neglecting or refusing, to be recovered from him with costs of suit, and the party so neglecting or refusing, after notice in writing, shall be liable to the party injured for all damages which shall thereby accrue, to be determined by any two Fence Viewers selected as above provided ; and the Fence Viewers shall reduce their appraisement of damages to writing, and sign the same.
Making and Repairing Fences Destroyed .- Whenever a division fence shall be injured or destroyed by fires, floods or other casualty, the person bound to . make and repair such fence, or any part thereof, shall make or repair the same
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or his just proportion thereof, within ten days after he shall be thereto required by any person interested therein, such requisition to be in writing, and signed by the party making the same.
Refusing to Make or Repair .- If such person shall neglect or refuse to make or repair his proportion of such fence for the period of ten days after such request, the party injured may make or repair the same at the expense of party so refusing or neglecting, to be recovered with costs of suit.
Removal of Division Fence .- If any person is disposed to remove a divi- sion fence or part thereof, owned by him, and suffer his lands to lie open, after having just given the adjoining owner one year's notice in writing of his inten- tion so to do, he may, at any time thereafter, remove the same, unless such ad- joining owner shall previously cause the value of said fence to be ascertained by Fence Viewers, selected as hereinbefore provided, and pay or tender the same to such person.
Removal Without Notice .- If any such fence shall be removed without such notice, the party removing the same shall pay to the party injured all such damages as he may thereby sustain, so be recovered with costs of suit.
Mistake in Locating Fence .- When a person has made a fence on an in- closure, which afterward, on making division lines, is found to be on the land of another, and the same has occurred through mistake, such first person may enter on the land of the other and remove his fence and material, within six months after such line has been run.
When Removal may not be Made .- But such fence shall not be removed if it was made of material taken from the land on which it is built, until the party pays or tenders to the owner of the land the value of such material, to be ascer- tained by the Fence Viewers ; nor shall a fence be removed at a time when the removal will throw open or expose the crops of the other party, but it shall be removed within a reasonable time after the crops are secured, although the six months above specified have passed.
Viewers may Examine Witnesses, etc .- Fence Viewers may examine witnesses on any and all questions submitted to them, and either of such Fence Viewers shall have power to issue subponas for and administer oaths to such witnesses.
Fees .- Fence Viewers shall be entitled to one dollar and fifty cents per day each, for the time necessarily spent as above provided, to be paid in the first instance by the party requiring the services ; and all expenses of the view shall be borne equally between the parties, except in case of view to appraise dam- ages for neglect or refusal to make or maintain a just proportion of a division fence, in which case the costs of view shall be paid by the party in default, and may be recovered as part of the damages assessed.
Trespass-Damages .- If any horse, mule or ass, or any neat cattle, hogs or sheep, or other domestic animals, shall break into any person's inclosure, the fence being good and sufficient, the owner of such animal or animals shall be
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liable in an action of trespass, to make good all damages to the owner or occu- pier of the inclosure. This section shall not be construed to require such fence, in order to maintain an action done by animals running at large contrary to law.
Damag. s Feasant-Rescue .- If any such animal or animals shall break into an inclosure surrounded by a fence of the height and sufficiency prescribed by this act, or shall be wrongfully upon the premises of another, the owner or occupier of such inclosure or premises may take into possession such animal or animals trespassing, and keep the same until damages, with reasonable charges for keeping and feeding, and all costs of suit be paid, to be recovered in any court of competent jurisdiction ; and any person who shall take or rescue any such animal so taken up from the possession of the taker up, without his con- sent, shall be liable to a fine of not less than three nor more than five dollars for each of such animals so rescued, to be recovered on complaint before any Justice of the Peace of the county where such offense shall be committed, for the use of the school fund of the proper county. Provided, that within twenty- four hours after taking such animal into his possession, he shall give notice to the owner thereof, if known, or if unknown, he shall post notices at some pub- lic place near the premises.
ROADS.
Persons traveling in any kind of vehicle must seasonably turn to the right of the center of the road, so as to permit such carriage to pass without inter- fering or interrupting, under the penalty of five dollars for every neglect or offense, to be recovered by the party injured. This shall not be construed to apply to any case, unless some injury to persons or property shall have occurred, nor in a case where it is impracticable, from the nature of the ground, for the driver to turn to the right. The owner of any carriage running upon any road in this State for the conveyance of passengers, who shall employ or con- tinue in his employment, any person, as driver, who is addicted to drunken- ness or the excessive use of spirituous liquors, after he shall have had notice of the same, shall forfeit at the rate of five dollars per day for all the time thereafter he shall have kept him in his employ, and if any driver, whilst actually employed in driving any such carriage, shall be guilty of intoxication to such a degree as to endanger the safety of the passengers, it shall be the duty of the owner, on receiving written notice of the fact, signed by any one of said passengers and certified by him on oath, forthwith to discharge such driver. If the owner, however, shall have such driver in his employ within three months after receipt of such notice, he shall forfeit five dollars per day for the time he shall keep said driver in his employ.
No person driving any carriages on any public highway or turnpike road shall run his horses or carriages upon any occasion or for any purpose, under a
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ABSTRACT OF ILLINOIS STATE LAWS.
penalty of a fine not exceeding $10 or imprisonment not exceeding sixty days, at the discretion of the court.
Horses attached to any carriage used to convey passengers for hire must be made fast with a sufficient halter, rope or chain or the lines placed in the hands of some other person before the driver leaves them for any purpose. For violation of the above, each driver shall forfeit $20, to be recovered by action, to be commenced within six months. The owners, also, of any carriage running upon any public highway for the conveyance of passengers are liable, jointly and severally, to the party injured in all cases for injuries and damages done by a driver while driving such carriage, to any person or the property of any person, and whenever the act occasioning such injury or damage be willful, negligent or otherwise, in the same manner that such driver would be liable. The term carriage, as used, means any carriage or vehicle used for the transportation of passengers or goods or either of them.
The Commissioners of Highways in the several towns in this State have the care and superintendence of highways and bridges therein. They have the power necessary to repair roads and bridges, to lay and establish roads, 'regu- late roads already laid out, to alter, vacate and to divide their respective towns into so many road districts as they shall deem convenient; such division to be made annually, and at least ten days before the annual town meeting. They shall also cause to be erected and kept in repair, at the forks or crossing place of the most important public roads, a post and guide-boards, with plain inscrip- tions thereon in letters and figures, giving directions and distances to the most noted places to which such road may lead; also to prevent thistles, burdock, cockleburs, mustard, yellow dock, Indian mallow and jimson weed from seeding, and to extirpate the same as far as practicable, and to prevent all rank growth of vegetation in the public highway, as far as the same may obstruct public travel, and in their discretion, they may erect watering places for public use for watering teams at such points as may be deemed advisable.
Every able-bodied male inhabitant, being above the age of 21 and under the age of 50 (excepting paupers, idiots, lunatics and such others as are exempt by law), is required to labor on the highways in their respective road districts, not less than one or more than three days in each and every year. Three days' notice must be given by the Overseer of the time and place he requires such road labor to be done and with what implements. But no person shall be required to work on any highway other than in the district in which he resides. Any person may commute for such labor by paying at the rate of $1.50 per day, if done within the three days' notice; after that time, if he shall refuse to commute, at the rate of $2.00 per day. Any person liable for work on high- ways who shall have been assessed two days or more, and who shall not have commuted for his assessment, may be required to furnish a team or a cart, wagon or plow, with a pair of horses or oxen and a man to manage them, for
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which he shall be entitled to a credit of two days for each day's service there- witlı. Eight hours is a day's work on the roads, and there is a penalty of twen- ty-five cents an hour against any person or substitute who shall neglect or refuse to perform such labor. Any person, after appearing, who shall remain idle or not work faithfully, or hinder others from working, forfeits to the town the sum of $2.00.
Every person so assessed and duly notified, who shall not commute, and who shall refuse or neglect to appear, shall forfeit to the town, for every day's refusal or neglect, the sum of $2.00; if he was required to furnish a team, carriage, man or implement, and sliall refuse or neglect to comply, he shall be fined as follows :
First .- For wholly failing to comply, $4.00 for each day.
Second .- For omitting to furnish a pair of horses or oxen, $1.50 for each day.
Third .- For omitting to furnish a man to manage team, $2.00 for each day.
Fourth .- For omitting to furnish a wagon, cart or plow, 75 cents for each day. .
Any person who shall injure or obstruct a public road by felling a tree or trees upon the same, or by placing or leaving any obstruction, or by encroachi- ing upon the same with any fence or by plowing or digging any ditch or other opening or by turning a current of waterso as to saturate or wash the same, or shall leave the cutting of any hedge thereupon for more than five days, shall forfeit not less than $3 nor more than $10, and in case of placing any obstruc- tion, an additional sum not exceeding $3 per day for every day he shall permit the same to remain after being ordered to remove the same by any of the Com- missioners of Highways, except where a person lawfully fells a tree for use and will immediately remove the same, nor any person throughi whose land a public road may pass, who shall desire to drain his land, and shall give due notice to the Commissioners of such intention, or where any Commissioners or Overseers of Highways, after giving seasonable notice to the owners, may remove any such fence or obstruction, fill up any such ditch or excavation and recover the nec- essary cost from such owner or other person, to be collected before any Justice of the Peace having jurisdiction. Any person owning, using or occupying lands on both sides of any public highway may make a crossing under said highway to let his cattle or other domestic animals cross said road ; provided, he shall erect, at his own expense, a good and substantial bridge, with secure railings, with an embankment of easy grade on either side, the bridge not to be less tlian sixteen feet wide, to be approved by Commissioners of Highways. The Commissioners estimate and assess the highway labor and road tax. The road tax on real and personal property cannot exceed forty cents on each hundred dollars' worth. The labor or road tax in villages, towns or cities is paid over to the corporate authori- ties of such for the improvement of streets, roads and bridges within their
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ABSTRACT OF ILLINOIS STATE LAWS.
limits: Commissioners' compensation, $1.50 per day. The Treasurer, who is one of their number, is entitled to two per cent. on all moneys he may receive and pay out.
Overseers .- Their duties are to repair and keep in order the highways in their districts, to warn persons to work out their road tax at such time and place as they think proper ; to collect fines and commutation money, and execute all lawful orders of the Commissioners of Highways ; also make a list, within sixteen days after their election, of the names of all inhabitants in his road district liable to work on highways. For refusal to perform any of his duties, he is liable to a fine of $10. The compensation of Overseers is $1.50 a day, the number of days to be audited by the Highway Commissioners.
As all township and county officers are familiar with their duties, it is only intended to give the points of the law that the public should be familiar with. The manner of laying out, altering or vacating roads, etc. will not be here stated, as it would require more space than is contemplated in a work of this kind. It is sufficient to state that the first step is by petition, addressed to the Commissioners, setting out what is prayed for, giving the names of the owners of lands, if known-if not known, so state-over which the road is to pass, giv- ing the general course, its place of beginning and where it terminates. It re- quires not less than twelve freeholders residing within three miles of the road, who shall sign the petition. Public roads must not be less than fifty feet wide, nor more than sixty feet wide. Roads not exceeding two miles in length, if petitioned for, may be laid out not less than forty feet. Private roads for pri- vate and public use may be laid out of the width of three rods, on petition of the person directly interested ; the damage occasioned thereby shall be paid by the premises benefited thereby, and before the road is opened. If not opened in two years, the order shall be considered rescinded. Commissioners, in their discretion, may permit persons who live on or have private roads to work out their road tax thereon. Public roads must be opened in five days from date of filing order of location, or be deemed vacated.
MARKS AND BRANDS.
How Cattle may be Marked .- Every person in this State who hath cattle, horses, hogs, sheep or goats may have an ear-mark and brand, and but one of each, which shall be different from the ear-mark and brand of his neighbors, which ear-mark and brand may be recorded by the County Clerk of the county where such cattle, horses, hogs, sheep or goats shall be.
Book-Record-Fee-Examination of Books .- It shall be the duty of the County Clerks in the respective counties of this State to keep a well-bound book, in which they shall record the marks and brands of each individual who may apply to them for that purpose, for which they shall be entitled to demand and receive the sum of fifteen cents, and the book in which the same are re-
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ABSTRACT OF ILLINOIS STATE LAWS.
corded shall be open to the examination of every citizen of the county at all reasonable office hours, free of charge.
Book Prima Facie Evidence .- If any dispute shall arise about any ear- mark or brand, it shall be decided by reference to the book of marks and brands, kept by the County Clerk, but such book shall be prima facie evidence only.
Purchaser Rebranding-Certificate .- Any person purchasing or acquiring horses, cattle, hogs, sheep or goats, when he brands or marks the same in his brand or mark, after the acquisition of the same, may do it in the presence of one or more of his neighbors, who are authorized to certify to the fact of the marking or branding being done, when done, and in what brand or mark the same were previously, and in what brand or mark they were rebranded or re- marked. Such certificate shall not be deemed evidence of property in the animal branded, but only prima facie evidence of the facts therein certified to.
LANDLORD AND TENANT.
The owner of lands or his executors and administrators may sue for and recover rent therefor in any of the following cases :
First .- When rent is due and in arrear on a lease for life or lives.
Second .- When lands are held and occupied by any person without any special agreement for rent.
Third .- When possession is obtained under an agreement, written or verbal, for the purchase of the premises and before deed given, the right to possession is terminated by forfeiture or non-compliance with the agreement, and possession is wrongfully refused or neglected to be given upon demand in writing by the party entitled thereto ; provided, that all payments made by the vendee or his representatives or assigns may be set off against such rent.
Fourth .- When land has been sold upon a judgment or a decree of court, when the party to such judgment or decree or person holding under him wrong- fully refuses or neglects to surrender possession of the same, after demand in writing by the person entitled to the possession.
Fifth .- When the lands have been sold upon a mortgage or trust deed and the mortgagor or grantor or person holding under him wrongfully refuses or neglects to surrender possession of the same, after demand in writing by the person entitled to the possession.
If any tenant or tenants for life or any person who shall come into posses- sion of any lands, etc., from or under collusion with such tenants, shall willfully hold over any lands, etc., after the expiration of such term and after demand made in writing for the possession thereof, is liable to double the yearly value of the lands, etc.
.A tenancy from year to year requires sixty days' notice to terminate the same at the end of the year. Notice may be given at any time within four months preceding the last sixty days of the year.
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ABSTRACT OF ILLINOIS STATE LAWS.
A tenancy by the month or any other term less than one year, where the tenant holds over without special agreement, the landlord may terminate the tenancy by thirty days' notice in writing.
After rent is due, the landlord may notify the tenant in writing that, unless payment is made within not less than five days after the service, his lease will be terminated. If the rent is not paid within the time mentioned, the landlord may consider the lease ended. When default is made in any of the terms of a lease, it shall not be necessary to give more than ten days' notice, and the same may be terminated on giving such notice to quit at any time after such default in any of the terms of such lease ; which notice may be substan- tially in the following form, viz. :
To- -: You are hereby notified that in consequence of your default in (here insert the character of the default), of the premises now occupied by you, being, etc. (here describe the premises), I have elected to determine your lease, and you are hereby notified to quit and deliver up possession of the same to me within ten days of this date (dated, etc.).
The above to be signed by the lessor or his agent, and no other notice or demand of possession or termination of such tenancy shall be necessary.
Any demand may be made or notice served by delivering a written or printed or partly written and printed copy thereof to the tenant, or by leaving the same with some person above the age of twelve years residing on or in pos- sion of the premises, and in case no one is in the actual possession of said premises, then by posting the same on the premises.
When the tenancy is for a certain period, and the term expires by the terms of the lease, the tenant is then bound to surrender possession, and no notice to quit or demand of possession is necessary.
Distress for Rent .- In all cases of distress for rent, the landlord or his agent or attorney may seize for rent any personal property of his tenant that may be found in the county where such tenant resides ; but the property of any other person, although it may be found on the premises, is not liable.
A copy of the distress warrant, together with an inventory, should be at once filed with some Justice of the Peace, if not over $200, and if above that sum, with the Clerk of a court of record of competent jurisdiction. Property may be released by the party executing a satisfactory bond for double the amount.
The landlord may distrain the personal goods of the tenant any time within six months after the expiration of the term of the lease, or when terminated.
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