USA > Illinois > Fulton County > History of Fulton county, Illinois > Part 105
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The N. G. road runs from Havana through Lewistown, Cuba to Fairview, opening up to Lewistown one of the wealthiest agricul- tural distriets of the county. The main ideas in favor of building a narrow-gange road was that it could be built for much less money, the running expenses would be nominal, and it would do all the work required as well, and with the rapidity, case and com- fort of a standard-gauge. The road will cost less than $3,000 per mile. It would have been in operation ere this if the Company had not have been disappointed in securing iron.
Edwin Harris of Lewistown was chosen the first President. Henry Phelps is the present incumbent of that position. 1. M. Hummel is Vice-President ; Wm. J. Dyckes, Secretary ; Moses Turner, Treasurer ; and Henry Phelps, Judge S. P. Shope, John 1. Gray, J. C. Willcoxen, 1. M. Hummel, Edwin Harris, W. G. Swartz, D. A. Burgett, Oliver Rice, and I. C. Worley, Directors.
This sketch should have been inserted in the chapter on Railroads, but was unfortunately overlooked until after that chapter had passed through the press.
DIGEST OF STATE LAWS.
LAWS.
The courts recognize two kinds of law, Statute and Common. Statute law is that which is enacted by the Legislature. Common law consists of all the law of England,-whether Statute, or Com- mon, which was in force in that country at the time of our inde- pendence, and recognized by our courts, and which has not since been repealed or disused.
We have what is called established law. For this branch of common law there is no authority excepting the decisions of the courts; hence the value of the reported decisions which are pub- lished by official reporters. The law presumes that every body is acquainted with it. Mistakes of fact can be corrected by the courts, but not mistakes of law; no man being permitted to take advantage of a mistake of the law, either to enforce a right, or avoid an obli- gation; for it would be dangerous and unwise to encourage igno- rance of the law, by permitting a party to profit, or to escape, by his ignorance. One is required at his peril to know the law of his own country.
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 tak- ing, detaining, or injuring personal property; for rent; for all cases to recover damages done to real or personal property, by railroad companies; in actions of replevin; of actions for damages for frand; in the sale, purchase, or exchange of personal property, when the amount claimed as due is not over $200. They have also jurisdic- tion 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 anv one committing, or attempting to com- mit 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.
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DIGEST OF STATE LAWS.
COUNTY COURTS
Have jurisdiction in all matters of probate (except in counties having a population of one hundred thousand or over ), settlement of estates of deceased persons, appointment of guardians and con- servators, and settlements of their accounts; all matters relating to apprentices; proceedings for the collection of taxes and assesments, and in proceedings of executors, administrators, guardians, and conservators, for the sale of real estate. In law cases, they have concurrent jurisdiction with Circuit Courts in all cases where jus- tices of the peace now have, or hereafter may have, jurisdiction when the amount claimed shall not exceed $1,000; and in all crim- inal offenses, where the punishmentis not imprisonment in the pen- itentiary or death, and in all cases of appeals from justices of peace and police magistrates, except when the county judge is sitting as a justice of the peace.
Circuit Courts have unlimited jurisdiction.
COMMISSIONERS OF HIGHWAYS.
The commissioners of highways in the different towns, have the care and superintendenee of highways, and bridges therein. They have the power to lay out, vacate, regulate and repair all roads, build and repair bridges, and divide their respective towns into as many road districts as they shall think convenient. This is to be done annually, and ten days before the annual town meeting. Iu addition to the above, it is their duty to erect and keep in repairs at the forks or crossing-place of the most important roads, post and guide-boards, with plain inscriptions, giving directions and dis- tances to the most noted places to which such roads may lead; also to make provisions to prevent thistles, burdock, cockle-burs, mus- tard, yellow doek, Indian mallow, and jimson weed from seeding, and to extirpate the same as far as practicable, and to prevent all rank growth of vegetation on the public highways, so far as the same may obstruct publie travel; and it is in their discretion to erect watering places for public use, for watering teams at such points as may be deemed advisable. Every able-bodied male inhab- itant, being above the age of twenty-one years, and under fifty. ex- cepting panpers, idiots, lunatics, trustees of schools and school di- ' rectors, and such others as are exempt by law, are required to labor on highways in their respective road districts, not less than one,
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DIGEST OF STATE LAWS.
nor more than three days in each year. Three days' notice must be given by the overseer, of the time and place he requires such road labor to be done. The labor must be performed in the road district in which the person resides. Any person may cominute for such labor by paying the equivalent in money. Any person liable for work on highways, who has been assessed two days or more, and has not commuted, may be required to furnish team, or a cart, wagon or plow, with a pair of horses or oxen and a man to manage them, for which he will be entitled to two days' work. Eight hours is a days' work on the roads and there is a penalty of twenty-five cents an hour against any person or substitute who shall neglect or refuse to perform. Any person remaining idle, or does not work faitlifully, or hinders others from doing so, forfeits to the town $2. Every person assessed and duly notified, who has not commuted, and refuses or neglects to appear, shall forfeit to the town for every day's refusal or neglect, the sum of $2; if he was required to furnish a team, carriage, man or implements, and neg- lects or refuses to comply, he is liable to the following fines: 1st, For wholly failing to comply, $+ each day: 2d, For omitting to furnish a man to manage team, $2 each day; 3d, For omitting to furnish a pair of horses or oxen, $1.50 each day; 4th, For omitting to furnish a wagon, cart or plow, 75 cents each day. The commis- sioners estimate and assess the highway labor and road tax. The road tax on real and personal property can not exceed forty cents on each hundred dollars' worth. The labor or road tax in villages, towns or cities, is paid over to the corporate authorities of such, for the improvement of streets, roads and bridges within their liin- its.
The legal voters of townships, in counties under township organ- ization may, by a majority vote, at their annual town meeting, order that the road tax may be collected in money only.
Overseers .- Their duties are to repair and keep in order the high- ways 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 commis- sioners of highways: also make 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.
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DIGEST OF STATE LAWS.
As all township and county officers are familiar with their duties, it is here intended only to give the points of law with which the public should be familiar. The manner of laying out, altering, or vacating roads, etc., will not be here stated, as it would require more space than can be spared in a work like this. It is sufficient to state that the first step is by petition, addressed to the commis- sioners, setting out what is prayed for. giving the names of the owners of the lands. if known (if not known, so state), over which the road is to pass, giving the general course, its place of beginning, and where it terminates. It requires not less than twelve freehold- ers residing within three miles of the road, who shall sign the peti- tion. Public roads must not be less than fifty, nor more than sixty feet wide. Roads not exceeding two miles in length, if petitioned for, may be laid ont not less than forty feet wide. Private roads for private and public use may be laid out three rods wide, on peti- tion of the person directly interested; the damage occasioned there- by shall be paid by the premises benetited thereby, and before the road is opened. If not opened in two years. the order shall be con- sidered recinded. 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 years from date of filing order of location, or be deemed vacated.
FENCES.
The town assessor and commissioners of highways shall be fence viewers in their respective towns in counties under township organ- ization. In other counties, the county board appoints three in each precinct, annually.
A lawful fence is four and one-half feet high and in good repair, consisting of rails, timbers, boards, stones, hedges, or any other material the fence viewers may deem sufficient. The electors at any annual town meeting may determine what shall constitute a legal fence in the town.
Division fences shall be made and maintained in just proportion by the adjoining owners, except where the owner shall choose to let his land lie open; but after a division fence has been built by mu- tual agreement or otherwise, it shall not be lawful for either party to remove his part of said fence, so long as he may crop or use such lands for farm purposes, or withont giving the other party one year's notice in writing, of his intention to move his portion of the
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DIGEST OF STATE LAWS.
fence. Adjoining owners should endeavor, if possible. mutually to agree as to the proportion that each shall maintain of the division fence between their adjoining lands; and the agreement should be reduced to writing. each party taking a copy. When any person shall enclose liis land upon the enclosure of another, he shall refoud the owner of the adjoining lands a jnst proportion of the value at that time of such fence. The value of such fence, and the propor- tion thereof to be paid by such person, and the proportion of the division fence to be made and maintained by Lin, in case of his inclosing his land. shall be determined by two fence viewers of the town. Sach fence viewers have power to settle all disputes between owners as to fences built or to be built, as well as concerning repairs to be made. Each party chooses one of the viewers, but if the other party neglects, after eight days' notice in writing. to make his choice, then the other party may select both. It is sufficient to notify the tenant, or party in possession, when the owner is not a resident of the town in which such fences are situated. Tlle tro fence viewers chosen, after viewing the premises. shall hear the statements of the parties. In case they can't agree. they shall se- lect another fence viewer to act with them, and the decision of any two of them shall be final. The decision must be reduced to writ- ing. and should plainly set out a description of the fence and all matters settled by them, and must be filed in the office of the town clerk.
If any person who is liable to contribute to the erection or repa- ration 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 repair of such fence is necessary. inay 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 lia- ble to the party injured for all la'nages which shall thereby accrue. to be determined by any two fence viewers. When a person shall conclude to remove his part of the division fence and let his land lie open, and having given the year's notice required. the adjoining owner may cause the value of said fence to be ascertained by fence viewers as before provided ; and on payment or tender of the amount of such valuation to the owner, it shall prevent the removal.
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DIGE-T OF STATE LAWS.
A party removing a division fence without notice is liable for the damages accruing thereby.
Where a fence has been built on the land of another through mistake, the owner may enter upon such premises and remove his fence and material within six months after the division line has been ascertained. Where the material to build such a fence has been taken from the land on which it was built, then before it can be removed, the person claiming must first pay for such material. to the owner of the land from which it was taken; nor shall such a fence be removed at a time when the removal will throw open or expose the crops of the other party: a reasonable time must be given beyond the six months to remove crops.
The compensation of fence viewers is one dollar and fifty cents a day each, to be paid in the first instance by the party calling them: but in the end all expenses, including amount charged by the fence viewers, must be paid equally by the parties. except in cases where a party neglects or refuses to make or maintain a just proportion of a division fence, when the party in default shall pay them.
DRAINAGE.
Whenever one or more owners or occupants of land desire to con- struct a drain or ditch, through another man's land. the right can be had only under legislative authority. or is granted or exists by prescription or by consent of the owner.
Dripping water from one house upon another can be allowed only where the owner has acquired the right by grant or prescription; and no one has a right to construct his house so as to let the water drip over his neighbor's land.
TRESPASS OF STOCK.
Where stock of any kind breaks into any person's inclosure, the fence being good and sufficient, the owner is liable for the damage done; but where the damage is done by stock running at large. con- trary to law, the owner is liable where there is not such a fence. Where stock is found trespassing on the inclosure of another as aforesaid, the owner or occupier of the premises may take posses- sion of such stock and keep the same until damages, with reasonable charges for keeping and feeding, and all costs of suit, are paid. Any person taking or rescuing such stock so held. without hus con- sent, shall be liable to a fine of not less than three nor more than
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DIGEST OF STATE LAWS.
five dollars for each animal rescued, to be recovered by suit before a justice of the peace, for the use of the school fund. Within twen- ty-four hours after taking such animal into his possession, the per- son taking it up must give notice of the fact to the owner, if known; or if unknown, notice must be posted in some publie place near the premises.
ESTRAYS.
Stray animals are those whose owner is unknown, any beasts, not wild, found on one's premises, and not owned by the occupant. Any animals 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 being unknown, may be taken up as estrays. A party who wishes to detain property as an estray, must show an exact compli- ance with the law. In order to vest the property of the stray in him, such acts must appear in detail on the record.
No person not a householder in the county where the estray is found can lawfully take up an estray, and then only upon or about his farm or place of residence. Estrays should not be used before advertised, except animals giving milk, which may be milked for their benefit. Notices must be posted np within five days in three, of the most public places in the town or precinct in which the es- tray was found, giving the residence . the taker-up, and a partic- ular description of the estray, its age, coler, and marks natural and artificial, and stating before what justice of the peace in such town or precinct, and at what time, not less than ten nor more than fif- teen days from the time of posting such notices, he will apply to have the estray apprised. If the owner of an estray shall not have appeared and proved ownership and taken the same away, first paying the taker-up his reasonable charges for taking up, keeping, and advertising the same, the taker-up shall appear before the justice mentioned in above notice, and make an affidavit as required by law. All subsequent proceedings are before the justice who is fa- miliar therewith; therefore we omit them here.
Any person taking up an estray at 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-up is not liable for the same.
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DIGEST OF STATE LAWS.
If a man finds estrays in his field he is not bound to retain them for the owner, but may drive them off into the highway without being liable to an action. But a person who chases a horse ont of his field with a large fierce dog, commits an unlawful act, and is liable for any injury which the act occasions. A person who takes an estray to keep for the owner, but does not pursue the cour-e pre- scribed by statute, is not liable to an action unless he uses the same or refuses to deliver it on demand. Riding a horse to discover the owner is not "use."
HORSES
Are animals of a domestic nature. Under the age of four years they are called colts. A borrower of a horse is liable for negligence, misuse, or gross want of skill in use. The lender is liable in case the animal lent is unfit or dangerous, as he thus may occasion injury. The animal should be used only for the purpose and to the extent stipulated, and not by a servant.
If he dies from disease, or is killed by inevitable accident, the bor- rower is not liable. Defects which are manifest, open and plain to an ordinary observer, and those also which are known to the buyer, are not usually covered by a general warranty. The former requires no skill to discover them, and the latter may be objected to or acquiesced in at the time of the purchase. In the case of lutent defects existing in such a condition that they could not be detected by the buyer, and are known to the seller, who fails to disclose them to the buyer, the latter practices a constructive fraud, unless the animal is sold " with all faults." By consenting to purchase the horse " with all faults," the purchaser takes upon himself the risk of latent or secret defects, and calculates the price accordingly. But even this kind of a purchase would be voidable if the seller had purposely, and to deceive the purchaser, covered, filled up, patched, plastered, or otherwise practiced fraud to conceal any defects, and he would be liable.
Hiring out a horse and carriage to perform a particular journey, carries with it the warranty of the person letting the horse and carriage. that each of them is fit and competent for such journey; but, if a horse is hired for one purpose, and is used for another and is injured, the hirer is liable for the damage sustained. The hirer is in all cases answerable for ordinary neglect. If he uses the hired horse as a prudent man would his own, he is not liable for
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DIGEST OF STATE LAWS.
any damage which the horse may receive. If, however, he keeps the hired horse after a stipulated time, or uses it differently from his agreement, he is in any event liable. If the hirer sells the horse, the owner may recover its value of the purchaser, though the pur- chaser had in good faith given the hirer full value for it, as the hirer could give no better title than he had himself.
Mischievous animals render their owners liable when known to them to be so, and they are responsible for the damage they may do when they permit them to go at large. Any person may justify the killing of ferocious animals.
MARKS AND BRANDS.
Owners of cattle, horses, hogs, sheep or goats, may have one ear- mark and one brand, which shall be different from his neighbors', and may be recorded by the county clerk of the county in which such property is kept. The fee for such record is fifteen cents. The record of such shall be open to examination free of charge. In cases of disputes as to marks or brands, such record is prima facie evidence. Owners of cattle, horses, logs, sheep or goats, that may have been branded by former owners, may be rebranded in presence of one or more of his neighbors, who shall certify to the facts of the marking or branding being done, when done, and in what brand or mark they were re-branded or re-marked, which certificate inay also be recorded as before stated.
ARTICLES OF AGREEMENT.
An agreement is virtually a contract by which a certain person (or persons) agrees or contracts to perform certain duties within a specified time. Good business men always reduce an agreement to writing, which nearly always saves misunderstandings and long and expensive lawsuits. No particular form is necessary, but the facts must be clearly and explicitly stated; and there must be a reasonable consideration, else the agreement is void.
Unless it is expressly stipulated that the agreement is binding for a longer time, the contract expires at the end of one year. Every agreement should state most distinctly the time within which its conditions are to be complied with. A discovery of fraud, or mis- representation by one party to the agreement, or changing of the date, renders the contract void. Each party should retain a copy of the agreement.
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DIGEST OF STATE LAWS.
GENERAL FORM OF AGREEMENT.
THIS AGREEMENT, made the third day of November, 1878, between Damon Clarke of Macomb, county of McDonough, State of Illinois, of the first part, and William Hays, of the same place, of the second part.
WITNESSETH, That the said Damon Clarke, in consideration of the agreement of the party of the second part, hereinafter contained, contracts, and agrees to, and with the said William Hays, that he will deliver in good and marketable condition, at the city of Gales- burg, Ill., during the month of December of this year, nine hun- dred bushels of corn, in the following lots, and at the following specified times, namely: one hundred bushels by the fifth of Decem- ber, three hundred bushels by the fifteenth of December, and the balance by the thirtieth of December.
And the said William Hays in consideration of the prompt ful- fillment of this contract on the part of the party of the second part, contracts to, and agrees with the said Damon Clarke, to pay for said corn fifty cents per bushel as soon as delivered.
In case of failure of agreement by either of the parties hereto, it is hereby stipulated and agreed that the party so failing shall pay to the other, one hundred dollars, as fixed and settled damages.
In witness whereof we have hereunto set our hands the day and year first above written:
DAMON CLARKE, WILLIAM HAYS.
NOTES.
A note is legal, worded in the simplest way, so that the amount and time of payment are mentioned. The following is a good form: $100
CHICAGO, ILL., May 1, 1879.
Thirty days after date I promise to pay F. M. Chapman or order, one hundred dollars, for value received.
S. T. LEWIS
To make a note payable in anything else than money, insert the facts instead of the sumu of money alone; unless paid when dre, it is payable in money. To hold au indorser of a note, due dil gence must be used by suit in collecting of the maker, unless suit would have been unavailing. Notes payable to person named o: to order, in order to absolutely transfer title, must be indorsed b; the payer. Notes payable to bearer may be transferred by delivery, and when so payable, every indorser thereon is held as a guarantor of pay- ment unless otherwise expressed.
The limit of time in which action may be brought on a note is 10 years
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DIGEST OF STATE LAWS.
If the note is payable to a person or order, or to a person or bearer, to a person or his assigns, or to a cashier of an incorporated company, such notes are negotiable.
When transferring a note, the indorser frees himself from respon- sibility, so far as the payment is concerned, by writing on the back, above his signature, without recourse to me in any event.
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