USA > Illinois > Kendall County > Biographical directory of the voters and tax-payers of Kendall County, Illinois : containing also a map of the county, an historical sketch, a business directory, an abstract of every-day laws, officers of societies, lodges, etc., etc > Part 2
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HISTORY OF KENDALL COUNTY.
GEOLOGICAL.
Of the older formations we have the following named, in descending order :
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1. Coal measure, underlying a small area of not more than three or four miles in the extreme northwestern corner of the county.
2. Niagara group, buff, drab, and brown impure limestone with frequent nodules of chert .. Aggregate thickness in this county probably between fifty and seventy feet, occupying a considerable area in the northern and northeastern portion of the county.
3. Cincinnati group, gray, and bluish limestone, with green and blue shades. Total thickness not over two hundred feet, occupying a considerable area lying south and west of that underlaid by the Niagara group, equal in extent to one-third of the whole superficial area of the county.
4. Galena and Trenton Limestone, porous, yellowish limestone, with small bluish beds near the base, and beds of passage into the next for- mation below. Thickness estimated at about two hundred feet. Occupies all that portion of the county which has not already been described as underlaid by the more recent formations.
5. St. Peters Sandstone, very incoherent, white sandstone, brought up by anticlinals, so soft as to be easily excavated at some points with a common spade, occupying an area of not more than one or two square miles, in the western part of the county.
It will be seen that Kendall County is well supplied with building stone, although the finer qualities suitable for cut stone and ornamental work are generally wanting. Limestone suitable for the manufacture of quicklime is found. Sand is abundant.
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Springs containing sulphuretted hydrogen occur in the southeastern portion of the county. The largest and best known are on the land of Mr. L. House. Small deposits of peat are also found.
VILLAGES.
There are ten villages in this county.
YORKVILLE, the county seat, situated in Kendall Township, on the south bank of the Fox River. The court house was commenced here in 1862, and completed in the Fall of 1864. The county records, however, were removed from the former county seat of Oswego, in June, 1864, before completion of the court house.
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HISTORY OF KENDALL COUNTY.
The original town was laid out by Edward W. Brewster, on the 2d of June, 1843. An addition was laid out by J. P. & E. A. Black on the 4th of June, 1863.
The village was incorporated July 8, 1873. First board of trustees were elected July 31, 1873, viz : M. E. Cornell, president ; J. A. Beeman, William Graham, J. Needham, Carlos Stevens, and D. G. Johnson. -
Population 500.
BRISTOL, lying on the north bank of Fox River, directly opposite Yorkville. The original town was laid out by John B. Hall and James McClellan, on the 20th of May, 1843. Several additions were laid out by J. M. Gale, on June 27, 1857, and April 30, 1864; also by Lyman Bristol and J. McClellan, July 15, 1845, and by J. McClellan, December 5, 1849. Population 500.
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PLANO, situated in Little Rock Township, on the main line of the C. B. & Q. R.R., is quite an important manufacturing point. Here are located " the Marsh Harvester Works" of Gammon & Deering. Their first machine was built in the year 1860, and in 1864 twenty-five machines were manufactured and sold. At the present time they are working a force of over three hundred men, and turning out five thousand machines a year, which are being used in all parts of the West, and bear a reputa- tion second to none in the country. The town was laid out on April 17, 1853, and the first house was built by William Ervin, the same year.
The C. B. & Q. R.R. was completed ]to this point, and the first engine reached there, August 23, 1853. It remained the terminus of that road for some time. When the town was incorporated the first trustees were: S. R. Miner, president ; S. P. Applegate, J. W. Miller, A. N. Beebe, clerk ; and D. C. Lincoln. Upon the resignation of S. R. Miner, A. Steward was appointed to fill vacancy. Population 1,500.
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OSWEGO was for some time the county seat of Kendall County, until the year 1864, when it was removed to Yorkville. It was laid out by Walter Loucks, May 7, 1842. Additions to it were laid out by James Stafford, S. B. Judson, L. D. Parks, and J. M. Dyggert. It was incor- porated in 1852. The first trustees were : John M. Crothers, president ; J. W. Chapman, F. Coffin, L. B. Judson, and Walter Loucks. The first house was built in 1834 by William Wilson. Population 1,000.
NEWARK, originally called Georgetown, was laid out by George B. Hollenback, in January 18, 1836. Additions were made by J. Higby, Cornelius Tilton, and J. Aldrich. Population 30C.
MILLINGTON, formerly called Millford, was laid out by Samuel J. Jackson, June 20, 1838. Not yet organized. Population 200.
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HISTORY OF KENDALL COUNTY.
LISBON, laid out July 30, 1862. Not yet organized. Population 200.
MILLBROOK, laid out by Jacob Budd, July 22, 1872.
BRISTOL STATION, laid out by Charles Hunt, December 5, 1854. PLATTVILLE, laid out in September 3, 1862.
JUDICIARY.
Since the organization of the county, it has been as follows :
THOMAS FORD, presiding judge of Circuit Court, from 1841 to 1844, at which time he was elected governor of the state.
JOHN DEAN COSTEN, appointed judge, and served as such, from Ford's resignation in 1844, until the adoption of the constitution of 1848.
T. LYLE DICKEY, elected judge in 1848, and served until 1852, when he resigned. "
E. S. LELAND, who served until 1855.
MADISON E. HOLLISTER, was elected in 1855, and served until 1861, when he was re-elected, and served until 1864, when he was appointed minister to Brazil.
E. S. LELAND, who presided as judge until Kendall County was attached to the 28th Judicial Circuit, by the Act of the Legislature of 1872, of which circuit Silvanus Wilcox was judge.
SILVANUS WILCOX, was re-elected in June, 1873, but resigned in 1874.
H. H. CODY, was elected his successor, who is now the presiding judge.
COUNTY JUDGES.
. Joseph W. Helme in 1849, Benjamin Ricketson in 1853, Henry S. Judson 1865 to 1876.
COUNTY OFFICERS.
CLERKS OF CIRCUIT COURT.
A. B. Smith in 1841, J. M. Crothers in 1848, George M. Hollenback, in 1856, Albert M. Hobbs in 1864, L. M. Bennett 1872 to Dec. 1876.
COUNTY CLERKS.
M. A. Fenton, 1841 ; George W. Hartwell, 1849 ; Jeremiah J. Cole, 1853; Jeremiah Evarts, 1864 to 1877.
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HISTORY OF KENDALL COUNTY.
COUNTY TREASURERS.
J. J. Cole, 1849; Asahel Newton, 1853; H. S. Humphrey, 1857 ; R. W. Carns, 1863 ; J. C. Taylor, 1865 ; M. S. Cornell, 1869 ; T. S. Serrine, 1873 to 1877.
COUNTY SHERIFFS.
William S. Fowler, 1848 ; R. D. Miller, 1850 ; Charles D. Townsend, - 1851; M. Beaupre, 1852; H. M. Day, 1854 ; J. Raymond, 1856; Wright Murphy, 1858; Dwight Ladd, 1860 ; A. D. Newton, 1862; J. A. Newell, 1864; J. Seely, 1866; J. D. Kern, 1868; A. D. Newton, 1872 to De- cember, 1876.
SCHOOL COMMISSIONERS.
A. Edson, 1849; Ephraim Moulton, 1853; J. VanAntwerp, 1855 ; E. W. Barnes, 1857 ; W. S. Coy, 1863.
SUPERINTENDENTS OF SCHOOLS.
W. S. Coy, 1865 ; J. R. Marshall, 1869 to 1877.
CORONER.
O. W. Grant, 1874 to 1876.
STATE'S ATTORNEY.
A. M. Sweetland, 1876.
COUNTY SURVEYORS.
L. G. Bennett, 1869; J. H. Jenks, 1871 to 1879.
MISCELLANEOUS.
The first person drowned in Kendall County was Henry Shadley, June, 1837. The first murder was committed by Ansel Ryder, in 1842. There never was, however, a public execution in the county.
Kendall County is in the 6th Congressional District and the 18th Senatorial District.
The mean temperature of the county is from 47 to 50 degrees. The ' average rain-fall is 40 inches per year.
That portion of the county lying north of the Indian Boundary Line was surveyed during the year 1837, and that lying south as early as 1824.
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ABSTRACT OF ILLINOIS STATE LAWS.
BILLS OF EXCHANGE AND PROMISSORY NOTES.
No promissory note, check, draft, bill of exchange, order, or note, negotiable 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 YEARS' DAY, THE FOURTH OF JULY, CHRIST- MAS, 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 UNAVAIL- ING. 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 expressed.
In computing interest or discount on negotiable instruments, a MONTH shall be considered a CALENDAR MONTH or 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.
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 descend- ants, 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 des- cendants 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 survivirg hus- band, 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 col- laterals, 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 are 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
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ABSTRACT FROM ILLINOIS STATE LAWS.
knowing themselves to have been named in the will or appointed executor, must within 30 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 is liable to forfeit the sum of $20 per month. INVENTORY to be made by executor or administrator 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' COMPEN- SATION $2 per day.
Notice requiring all claims to be presented against the estate shall be given by the executor or administrator WITHIN SIXMONTHS 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 administrator 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 forever 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 testamentary 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, exc ep 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:
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 condition in life, to be selected by the widow.
. The widow if she elects may have in lieu of the said award, the same personal property or money in place thereof as is or may be exempt from execution 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.
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Assessments should be completed before the fourth Monday in June, at which time the town board of review meets to examine assessments, hear objections, 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 men- tioned, 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
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ABSTRACT FROM ILLINOIS STATE LAWS.
the date of sale, by payment 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 subsequent taxes paid by the purchaser, with ten per cent. interest thereon, aiso one dollar each tract if notice is given by the purchaser of the sale, 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 personal property ; for rent ; for all cases to recover damages done real or personal 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 complaint 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 deceased persons, appoint- ment of guardians and conservators, and settlement of their accounts; all matters relating to apprentices ; proceedings for the collection of taxes and assessments, and in proceedings of executions, administrators, guardians and conservators for the sale of real estate. In LAW cases 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 Justice 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 payments 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 can not, without consent of her husband, unless he has abandoned or deserted her, or is idiotic or insane, or confined in penitentiary; she is entitled and can recover her own earnings, but neither husband nor wife is entitled 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 interest (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 her 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 twenty- one years of age, and until death of widow. There is no exemption from sale for taxes, assess- ments, 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 conveyances of real estate are required to be acknowl- edged. 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 person ; 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,
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. ABSTRACT FROM ILLINOIS STATE LAWS.
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 necessary food for the stock hercinbefore 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 the head of a family can not be gar- nisheed, except the sum due him be 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 acknowledgement must be made in this state, before MASTER IN CHAN- CERY, NOTARY PUBLIC, UNITED STATES COMMISSIONER, CIRCUIT, or COUNTY CLERK, JUSTICE OF PEACE, or any COURT OF RECORD having a SEAL, or any JUDGE, JUSTICE, or CLERK of any such Court. When taken before a NOTARY PUBLIC, or U. S. COMMISSIONER, the same shall be at- tended by his OFFICIAL SEAL, when taken before a COURT or the CLERK thereof, the same shall be attended by the SEAL of such Court, and when 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 can not be used in evidence unless such a certificate is produced or other competent evidence introduced. Ac- knowledgements made out of the state must either be executed according to the laws of this state or there should be attached a certificate that it is in conformity with the laws of the state or country where executed. Where this is not done the same may be proved by any other legal way. Acknowledgements where the HOMESTEAD rights are to be waived must state as follows : "In- cluding the release and waiver of the right of homestead."
NOTARIES PUBLIC can take acknowledgements any where in the state.
SHERIFFS, if authorized by the mortgagor of real or personal property in his 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 redemption is waived, and it contains power of sale, must be foreclosed in the same manner as a common mortgage in court.
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