History of Fulton county, Illinois, Part 107

Author: Chas. C. Chapman & Co
Publication date: 1879
Publisher: Peoria : C.C. Chapman & co.
Number of Pages: 1096

USA > Illinois > Fulton County > History of Fulton county, Illinois > Part 107

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DIGEST OF STATE LAWS.

RECEIPTS.

Receipts should always state when received and what for; and if receipt is in full it should be so stated. We give two forms:

FOR MONEY ON ACCOUNT.

Received, Knoxville, Ill., Nov. 10, 1878, of J. C. Cover, sixty dollars on account. $60. J. H. FRANKLIN.

FOR MONEY ADVANCED ON A CONTRACT.

$100.

GALESBURG, ILL., June 9, 186S.

Received of Fernando Ross, one hundred dollars, in advance, on contract to build for him a brick house at No, 76 Kellogg street. SAMUEL J. CHAPMAN.

EXEMPTIONS FROM FORCED SALES.

The following personal property and home worth $1,000,-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 the widow and family, some of them occupying the homestead until the youngest shall become twenty-one years of age, and until the death of the 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 has one), and acknowledged as conveyances 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, Bibles, school-books and family pic- tures of every person; and one hundred dollars'worth of other prop .. erty, to be selected by the debtor, and in addition, when the debtor is the head of a family and resides with the same, three hundred dol- lars' worth of other property to be selected by the debtor,-provided that such selection and exemption shall not be made by the debtor or allowed to him or her from any money, salary or wages due him or her from any person or persons or corporations whatever. When the head of the family dies, deserts, or does not reside with the same, the family shall be entitled to and receive all the benefit and priv- ilege which are by this act conferred upon the head of a family residing with the same. No personal property is exempt from exe-

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DIGEST OF STATE LAWS.

cution when judgment is obtained for the wages of laborers or ser- vants. Wages of a laborer who is the head of a family cannot be garnisheed except for the sum due him in excess of $25.

LANDLORDS AND TENANTS.

The principal obligation on the part of a landlord, which is in faet always to be implied as a necessary condition to his receiving any rent, is, that the tenant shall enjoy the quiet possession of the premises,-which means, substantially, that he shall not be turned out of possession of the whole or any material part of the premises by any one having a title paramount to that of the landlord, or that the landlord shall not himself disturb or render his occupation un- comfortable by the erection of a nuisance on or near the premises, or otherwise oblige him to quit possession. But if he be ousted by a stranger, -- that is, by one having no title, -- or after the rent has fallen due. or if the molestation proceeds from acts of a third person, the landload is in neither case responsible for it. Another obligation which the law imposes on the landlord, in the absence of any ex- press stipulation in the lease, is the payment of all taxes chargeable upon the property, or any ground rents or interest upon mortgages to which it may be subject. Every landlord is bound to protect his tenant against all paramount claims. And if a tenant is compelled, in order to protect himself in the enjoyment of the land in respect of which his rent is payable, to make payment which ought, as be- tween himself and his landlord, to have been made by the latter, he may call upon the landlord to reimburse him, or he may deduct such payment from the rent due or to become due. But the land- lord is under no obligation to make repairs, or to rebuild in case the premises should be burned; nor does he guaranty that they are reasonably fit for the purpose for which they are taken. And it is not in the power of a tenant to make repairs at the expense of his landlord, unless there be a special agreement between them author- izing him to do so; for the tenant takes the premises for better or worse, and cannot involve the landlord in expense for repairs without his consent. Even if the premises have become uninhabitable by fire, and the landlord, having insured them, has recovered the insurance money, the tenant cannot compel him to expend the money so recovered in rebuilding, unless he has expressly engaged to do so; nor can he in such an event protect himself from the payment of rent during the unexpired balance of the term, unless exempted

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DIGEST OF STATE LAWS.

therefrom by statute or the terms of the lease. The uninhabit- ableness of a house is not a good defense to an action for rent. If the landlord expressly covenanted to repair, the tenant cannot quit and discharge himself of rent because the repairs are not made, un- less there is a provision to that effect; and if a landlord is bound by custom or by express agreement to repair, this obligation, and the obligation of the tenant to pay rent, are independent of each other, so that the refusal or neglect of the landlord to repair is no answer to a demand for rent. The tenant is answerable for any neglect to repair highways, fences, or party walls. He is also liable for all injuries produced by the mismanagement of his servants, or by a nuisance kept upon the premises, or by an obstruction of the high- ways adjacent to them, or the like. One of the principal obligations which the law imposes upon every tenant, independent of any agree- ment, is to treat the premises in such a manner that no substantial injury shall be done to them, an ! so that they may revert to the landlord at the end of the term unimpaired by any willful or negli- gent conduct on his part.

A tenancy from year to year requires sixty days' notice in writing to terminate the same at the end of the year; such notice can be given at any time within four months preceding the last sixty days of the year.

A tenancy by the month, or less than a year, where the tenant holds over without any special agreement, the landlord may termi- nate the tenancy by thirty days' notice in writing.

When rent is dne, the landlord may serve a notice upon the ten- ant, stating that unless the rent is paid within not less than five days, his lease will be terminated; if the rent is not paid, the land- lord may consider the lease ended. When a default is made in any of the terms of the lease, it shall not be necessary to give more than ten days' notice to quit or of the termination of such tenancy; 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 substantially in the following form :

To --- , You are hereby notified that, in consequence of your default [here insert the character of the default]. of the premises now ocenpied by yon, 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].

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DIGEST OF STATE LAWS.

The above to be signed by the lessor or his agent, and no other notice or demand of possession or termination of such tenancy is necessary.

Demand may be made or notice served by delivering a written or , printed, or partly either, copy thereof to the tenant, or leaving the same with some person above the age of twelve years, residing on or in possession of the premises; and in case no one is in actual possession of said premises, then by posting the same on the prem- ises. When the tenancy is for a certain time, 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 possession is necessary.

DISTRESS FOR RENT.

In all cases of distress for rent, the landlord, by himself, his agent or his attorney, may seize for rent any personal property of his ten- ant that may be found in the county where the tenant resides. The property of any other person, even if found on the premises, is not liable.

An inventory of the property levied upon, with a statement of the amount of rent claimed, 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 a party executing a satisfactory bond for double the amount.

The landlord may distrain for rent any time within six months after the expiration of the term of lease, or when terminated.

In all cases where the premises rented shall be sub-let, or the lease assigned, the landlord shall have the same right to enforce lien against such lessee or assignee, that he has against the tenant to whom the premises were rented.

When a tenant abandons or removes from the premises, or any part thereof, the landlord, or his agent or his attorney may seize upon any grain or crops grown or growing upon the premises, or part thereof so abandoned, whether the rent is due or not. If such grain or other crops, or any part thereof, is not fully grown or matured, the landlord, or his agent or attorney shall canse the same to be properly cultivated, harvested or gathered, and may sell the same, and from the proceeds pay all his labor, expenses and rent. The tenant may, before the sale of such property, redeem the same

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DIGEST OF STATE LAWS.

therefrom by statute or the terms of the lease. The uninhabit- ableness of a house is not a good defense to an action for rent. If the landlord expressly covenanted to repair, the tenant cannot quit and discharge himself of rent because the repairs are not made, un- less there is a provision to that effect; and if a landlord is bound by enstom or by express agreement to repair, this obligation, and the obligation of the tenant to pay rent, are independent of each other, so that the refusal or neglect of the landlord to repair is no answer to a demand for rent. The tenant is answerable for any negleet to repair highways, fences, or party walls. He is also liable for all injuries produced by the mismanagement of his servants, or by a nuisance kept upon the premises, or by an obstruction of the high- ways adjacent to them, or the like. One of the principal obligations which the law imposes upon every tenant, independent of any agree- ment, is to treat the premises in such a manner that no substantial injury shall be done to them, an J so that they may revert to the landlord at the end of the term unimpaired by any willful or negli- gent conduct on his part.

A tenancy by the month, or less than a year, where the tenant holds over without any special agreement, the landlord may termi- nate the tenaney by thirty days' notice in writing.

When rent is due, the landlord may serve a notice upon the ten- ant, stating that unless the rent is paid within not less than five days, his lease will be terminated; if the rent is not paid, the land- lord may consider the lease ended. When a default is made in any of the terms of the lease, it shall not be necessary to give more than ten days' notice to quit or of the termination of such tenancy; 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 substantially in the following form :

To -- , You are hereby notified that, in consequence of your default [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].

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DIGEST OF STATE LAWS.

The above to be signed by the lessor or his agent, and no other notice or demand of possession or termination of such tenancy is necessary.

Demand may be made or notice served by delivering a written or printed, or partly either, copy thereof to the tenant, or leaving the same with some person above the age of twelve years, residing on or in possession of the premises; and in case no one is in actual possession of said premises, then by posting the same on the prem- ises. When the tenancy is for a certain time, 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 possession is necessary.

DISTRESS FOR RENT.

The landlord may distrain for rent any time within six months after the expiration of the term of lease, or when terminated.

When a tenant abandons or removes from the premises, or any part thereof, the landlord, or his agent or his attorney may seize upon any grain or erops grown or growing upon the premises, or part thereof so abandoned, whether the rent is due or not. If such grain or other erops, or any part thereof, is not fully grown or matured, the landlord, or his agent or attorney shall cause the same to be properly cultivated, harvested or gathered, and may sell the same, and from the proceeds pay all his labor, expenses and rent. The tenant may, before the sale of such property, redeem the same

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DIGEST OF STATE LAWS.

by tendering the rent and reasonable compensation for the work done, or he may replevy the same.

EXEMPTION.

The same articles of personal property which are by law exempt from execution, except the crops, as above mentioned, are also exempt from distress for rent.

If any tenant is about to, or shall permit, or attempt to sell or remove from the premises, without the consent of his landlord, such portion of the erops raised thereon as will endanger the lien of the landlord upon such crops, for the rent, it shall be lawful for the landlord to distress before rent is dne.

CRIMINAL LAW

Is that branch of jurisprudence which treats of criminal offenses. The extreme importance of a knowledge of criminal law is self- evident; for a mistake in point of law, which every person of dis- eretion not only may know, but is bound and presumed to know, is in criminal cases no defense. This law is administered upon the principle that every one must be taken conclusively to know it, without proof that he does know it. This doctrine has been carried so far as to include the case of a foreigner charged with a crime which was no offense in his own country. And further, the criminal law, whether common or statute, is imperative with reter- ence to the conduct of individuals; so that, if a statute forbids or , commands a thing to be done, all acts or omissions contrary to the prohibition or command of the statute are offenses at common law, and ordinarily indictable as such. When a statute punishes a crime by its legal designation without enumerating the aets which constitute it, then it is necessary to resort to the common law for a definition of the crime with its distinctions and qualifications. So, if an act is made criminal, but no mode of prosecution is directed or no punishment provided, the common law (in the absence of a statute to the contrary) furnishes its aid. prescribing the mode of prosecution by indictment, and its mode of punishment by fine and inprisonment. So far. therefore. as the rules and principles of com- mon law are applicable to the administration of the criminal law, and have not been altered or modified by legislation .or judicial decisions, they have the same force and effect as laws finally enacted.

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DIGEST OF STATE LAWS.

The following are some of the leading principles of the criminal law:

1. Every man is presumed to be innocent till the contrary is shown; and if there is any reasonable doubt of his guilt, he is en- titled to the benefit of tlie doubt.

2. In general, no person can be brought to trial till a grand jury on examination of the charge has found reason to hold him to trial.

3. The prisoner is entitled to trial by a jury of his peers, who are chosen from the body of the people with a view to impartiality, and whose decision on questions of facts is final.

4. The question of his guilt is to be determined without reference to his general character, previous history, or habits of life.

5. The prisoner cannot be required to criminate himself, nor be compelled even to exculpate himself by giving his own testimony on trial.

6. He cannot be twice put in jeopardy for the same offense.

7. He cannot be punished for an aet which was not an offense by the law existing at the time of its commission; nor can a serverer punishment be inflicted than was declared by the law at the time of its commission.

Crimes are sometimes classified according to the degree of pun- ishment incurred by their commission .. They are more generally arranged according to the nature of the offense. The following is, perhaps, as complete a classification as the subjeet admits:

I. Offenses against the sovereignty of the State-1, treason; 2 misprision of treason.

II. Offenses against the lives and persons of individuals-1, murder; 2, manslaughter; 3, attempt to kill or murder; 4, may- hem; 5, rape ; 6, robbery : 7, kidnapping; 8, false imprisonment; 9, abduction; 10, assault and battery.

III. Offenses against public property-1, burning or destroying public property; 2, injury to same.

IV. Offenses against private property-1, arson; 2, burglary; 3, larceny; 4, obtaining goods under false pretenses; 5, embezzle- ment ; 6. malicious misehief.

V. Offenses against public justice-1, perjury; 2, bribery; 3, destroying publie records; 4, counterfeiting publie seals ; 5, jail breach; 6, escape; 7, resistance to officers; 8, obstructing legal process ; 9, barratry; 10, maintenance; 11, champerty; 12, con-

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DIGEST OF STATE LAWS.

tempt of court; 13, oppression; 14, extortion; 15, suppression of evidence; 16, compounding felony; 17. misprision of felony.

VI. Offenses against the public peace-1, challenging or accept. ing a challenge to a duel ;. 2, nnlawful assembly; 3, rows; 4, riot; 5, breach of the peace; 6, libel.

VII. Offenses against chastity-1, sodomy; 2, bestiality; 3. adultery; 4, incest; 5, bigamy; 6, seduction; 7, fornication; S, lascivious carriage; 9, keeping and frequenting houses of ill-fame.

VIII. Offenses against public policy-1, false currency; 2. lot- teries; 3, gambling; 4, immoral shows; 5, violation of the right of snffrage; 6, destruction of game, fish, etc .; 7, nuisance.

IX. Offenses against the currency, and public and private . securities-1, forgery; 2, counterfeiting; 3, passing counterfeit money.

X. Offenses against religion and morality-1, blasphemy; 2. profanity; 3, Sabbath-breaking; 4, obscenity; 5, cruelty to ani- mals; 6, drunkenness; 7, promoting intemperance.

XI. Offenses against the public, individuals, or their property -1, conspiracy.

TAXES.

The owners of real and personal property, on the first day of March of each year, are liable for 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 objections, and make such changes as ought to be made. The County Board have alse 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 until advertised, which takes place on 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 the 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 mentioned, twen-

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DIGEST OF STATE LAWS.

ty-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 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 redeemed 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; also, one dollar each tract, if notice is given by the pur- chaser of the sale. and a fee of twenty-five cents to the Clerk for his certificate.

SUBSCRIPTION.

The selling of books by subscription is so frequently brought into disrepute by agents making representations not authorized by the publishers, that the public are often swindled. That there may be more general knowledge of the relation such agents bear to their principal, and the law governing such cases, we give the following rules, which, if followed, will save a great deal of trouble and perhaps serions loss.

A subscription is the placing of a signature below a written or printed engagement. It is the act by which a person contracts, in writing, to furnish a sum of money for a particular purpose: as, a subscription to a charitable institution, a subscription for a book, and the like. In the case of a book, the consideration is concur- rent that the publisher shall publish the book named, and deliver the same, for which the subscriber is to pay the price named. The prospectus and sample should be carefully examined before sub- scribing, as they are the basis and consideration of the promise to pay, and not the too often exaggerated statements of the agent, who is merely employed to solicit subscriptions, for which he usually receives a commission for each subscriber, and has no authority to change or alter the conditions upon which the sub- scriptions are authorized to be made by the publishers. Should the agent assume to agree to make the subscription conditional, or modify or change the agreement of the publisher, as set ont by the prospectus and sample, in order to bind the publishers, the

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DIGEST OF STATE LAWS.

subscriber should see that such condition or change is stated over, or in connection with his signature, so the publishers may have notice of the same.

When several persons promise to contribute to a common object, desired by all, the promise of each may be a good consideration for the promise of others. In general subscriptions on certain condi- tions in favor of the party subscribing, are binding when the acts stipulated are performed. Subscription is in the nature of a con- tract of mutual promises. All persons should remember that the law as to written contracts is, that they can not be altered, varied, or rescinded verbally, but if done at all, must be done in writing. It is therefore important that all persons contemplating subscribing should distinctly understand that all talk before or after the sub- scription is made is not admissible as evidence, and is no part of the contract. Persons before signing their names to any subserip- tion book, or any written instrument, should carefully examine what it is; if they cannot read, they should call on some one dis- interested who can.

Persons who solicit subscriptions are known to the trade as can- vassers. They are agents appointed to do a particular business in a prescribed mode, and have no authority to do it in any other way to the prejudice of their principal, nor can they bind their principal in any other matter. They can not collect money, or agree that payment may be made in anything else than money. They cannot extend the time of payment beyond the time of delivery, nor bind their principal for payment of expenses incurred in their business.

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History of Fulton county, Illinois, Part 107

Author: Chas. C. Chapman & Co Publication date: 1879 Publisher: Peoria : C.C. Chapman & co. Number of Pages: 1096

Author: Chas. C. Chapman & Co
Publication date: 1879
Publisher: Peoria : C.C. Chapman & co.
Number of Pages: 1096