USA > Illinois > Pike County > History of Pike County, Illinois : together with sketches of its cities, villages and townships, educational, religious, civil, military, and political history, portraits of prominent persons and biographies of representative citizens > Part 87
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TRUST DEEDS.
Trust deeds are taken generally in preference to mortgages, especially by non-residents, for in case of foreclosure under the power of sale there can be no redemption. Advertisement, sale, and deed is made by the trustee.
Mortgages of personal property, or chattel mortgages, can be given for a period of only two years, and cannot be renewed or extended. Acknowledgment may be had before a Justice of the Peace of the town or district in which the mortgagor resides. If the mortgagor is a non-resident, then before any officer authorized by law to take acknowledgments. Foreclosures may be effected upon default, and possession, and sale of the property taken and made; any delay will invalidate the mortgagee's lien.
LIENS.
Any person who shall by contract, expressed or implied, or partly both, with the owner of any lot or tract of land, furnish labor or material, or services as an architect or superintendent, in building, altering, repairing, or ornamenting any house, or other building or appurtenance thereto on such lot, or upon any street or alley, and connected with such improvements, shall have a lien upon the whole of such lot or tract of land, and upon such house or building and appurtenances for the amount due him for labor, material or services. If the contract is expressed, and the time for the completion of the work is beyond three years from the com- mencement thereof; or, if the time of payment is beyond one year from the time stipulated for the completion of the work, then no lien exists. If the contract is implied, then no lien exists, unless the work be done, or material furnished, within one year from the commencement of the work or delivery of the material. As
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DIGEST OF STATE LAWS.
between different creditors having liens, no preference is given to the one whose contract was made first; but each shares pro rata. Incumbrances existing upon the lot or tract of the land at the time the contract is made do not operate on the improvements, and are only preferred to the extent of the value of the land at the time of making the contract. The above lien cannot be enforced unless suit is commenced within six months after the last payment for labor or materials shall have become due and payable. Sub-con- tractors, mechanics, workmen, and other persons furnishing any material, or performing any labor for a contractor, as above speci- fied, have a lien to the extent of the amount due the contractor at the time the following notice was served upon the owner of the land who made the contract:
To -: You are hereby notified that I have been employed [here state whether to labor or to furnish material, and substantially the nature of the demand] upon your [here state in general terms description and situation of building], and that I shall hold the [building, or as the case may be], and your interest in the ground liable for the amount that may [is or may become] due me on account thereof. [Signature]
Dated,
If there is a contract in writing between contractor and sub-con-' tractor, a copy of it should be served with the above notice, and such notice must be served within forty days from the completion of such sub-contract, if there is one; if not, then from the time pay- ment should have been made to the person performing the labor or furnishing the material. If the owner is not a resident of the county, or cannot be found therein, then the above notice must be filed with the Clerk of the Circuit Court, with his fee, fifty cents, and a copy of such notice must be published in a newspaper pub- lished in the county for four successive weeks.
When the owner or agent is notified as above he can retain any money due the contractor sufficient to pay such claim; if more. than one claim, and not enough to pay all, they are to be paid pro rata.
The owner has a right to demand in writing a statement of the contractor, of what he owes for labor, etc., from time to time as the work progresses.
The liens referred to cover any and all estates, whether in fee for
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DIGEST OF STATE LAWS.
life, for years, or any other interest which the owner may have.
To enforce the liens of sub-contractors, suit must be commenced within three months from the time of the performance of the sub- contract, or during the work or furnishing materials.
Hotel, inn and boarding-house keepers have a lien upon the baggage and other valuables of their guests or boarders brought into such hotel, inn, or boarding-house, by their guests or boarders for the proper charges due from such guests or boarders for their accommodation, board and lodging, and such extras as are furnished at their request.
Stable-keepers and other persons have a lien upon the horses, carriages and harness kept by them for the proper charges due for the keeping thereof, and expenses bestowed thereon at the request of the owner, or the person having the possession of the same.
.Agisters (persons who take care of cattle belonging to others) and persons keeping, yarding, feeding, or pasturing domestic ani- mals shall have a lien upon the animals agistered, kept, yarded or fed for the proper charges due for such service.
All persons who may furnish any railroad corporation in this State with fnel, ties, material, supplies, or any other article or thing necessary for the construction, maintenance, operation or repair of its road by contract, or may perform work or labor for the same, are entitled to be paid as part of the current expenses of the road, and have a lien upon all its property. Sub-contractors or laborers have also a lien. The conditions and limitations, both as to contractors and to sub-contractors, are about the same as herein stated, as to general liens.
BILL OF SALE.
A bill of sale is a written agreement to another party for a con- sideration to convey his right and interest in the personal property. The purchaser must take actual possession of the property. Juries have power to determine upon the fairness or unfairness of a bill of sale.
COMMON FORM OF BILL OF SALE.
KNOW ALL MEN by this instrument, that I, B. F. Lewis, of Chi- cago, Illinois, of the first part, for and in consideration of six hun- dred and fifty dollars, to me paid by Columbus C. Chapman, Astoria, Illinois, of the second part, the receipt whereof is hereby acknowledged, have sold, and by this instrument do convey unto
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DIGEST OF STATE LAWS.
the said Chapman, party of the second part, his executors, admin . istrators, and assigns, my undivided half of ten acres of corn on my farm in the town of Deer Creek, Illinois; one pair of horses, twenty sheep, and five cows, belonging to me, and in my possession at the farm aforesaid; to have and to hold the same unto the party of the second part, his executors and assigns, forever. And I do, for myself and legal representatives, agree with the said party of the second part, and his legal representatives, to warrant and defend the sale of the aforementioned property and chattels unto the said party of the second part, and his legal representatives, against all and every person whatsoever.
In witness whereof I have hereunto affixed my hand this tenth day of October, one thousand eight hundred and seventy-nine.
B. F. LEWIS.
DAYS OF GRACE.
No check, draft, bill of exchange, promissory note, order, or negotiable instrument, payable at sight or on demand, or on pre- sentment, shall be entitled to days of grace. All other bills of exchange, drafts or notes are entitled to three days of grace. All the above-mentioned paper falling due on Sunday, New Year's day, Fourth of July, Christmas, or any day appointed or recommended by the President of the United States or Governor of the State as a day of fasting 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.
LIMITATION OF ACTION.
The limit of time in which action may be brought on certain things is as follows: Open 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; assault, slander, libel, replevin, one year; personal injuries, two years; to recover land or make entry thereon, twenty years; and sealed and witnessed instruments, as action to foreclose mortgage or trust deed, 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.
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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, 1868.
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 sliall 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 fact 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 ont 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, and 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 terini- nate the tenancy by thirty days' notice in writing.
When rent is due, the landlord may serve a notice npon 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.
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 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 crops 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 due.
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- cretion 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 refer- 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 acts 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 imprisonment. 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 the 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 act 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 subject 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 mischief.
V. Offenses against public justice-1, perjury; 2, bribery; 3, destroying public records; 4, counterfeiting public 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, unlawful 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; 8, 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 suffrage; 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 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 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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