USA > Illinois > Whiteside County > History of Whiteside county, Illinois, from its first settlement to the present time, with numerous Biographical and Family Sketches > Part 73
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77
500
HISTORY OF WHITESIDE COUNTY.
care, and the constitution as finally framed by them pronounced the best and wisest in its limitations and restrictions that the Union affords.
The population of Illinois in 1870, was 2,539,638. Extending through more than five degrees of latitude, it has quite a variety of climate. The sur- face of the land is level, and the soil fertile, the agricultural capabilities being unsurpassed by any State in the Union, if indeed by any portion of earth's sur- face, of equal extent. The staple products are corn, wheat, oats, potatoes, hay, and products of the dairy, besides large quantities of fruit. A large portion of the lead producing region of the country is in the State, and bituminous coal is found in almost every county. Copper is found in the north part, and iron in both north and south parts. Lime, zine, marble of excellent quality, free- stone, gypsum, and other minerals are found in various localities.
The following have been the United States Senators from Illinois, since the organization of the State: 1818-'29, J. B. Thomas; 1818-'24, Ninian Ed- wards; 1824-'30, John McLean; 1830, one month, D. J. Baker; 1825-'36, E. K. Kane; 1830-'41, J. M. Robinson; 1835-'37, W. L. D. Ewing; 1837-'42, R. M. Young; 1841-'43, S. McRoberts; 1843-'47, J. Semple; 1843-'49, Sidney Breese; 1847-'61, Stephen A. Douglas; 1849-'55, James Shields; 1855-'73, Lyman Trumbull; 1861-'63, O. H. Browning; 1863-'65, W. A. Richardson; 1865-'71, Richard Yates; 1871-'77, John A. Logan; 1873-'79, Richard J. Oglesby; 1877-'83, David Davis.
CHAPTER XXVIII.
BILL OF RIGHTS- DESCENT OF PROPERTY-EXEMPTION LAW-LIMITATION LAW-ORGANIZATION OF CORPORATIONS-FENCE LAW-ESTRAY LAW- WEIGHTS AND MEASURES-MARKETING PRODUCTS-GAME LAW-FISII LAW.
In this chapter will be found the "Bill of Rights" contained in article one of the Constitution of the State, together with as many laws of special import- ance to the people as can be given in this work. They have been carefully abstracted by L. G. Johnson, Esq., a member of the Bar of Whiteside county, and can be relied upon for their accuracy at the present time:
BILL OF RIGHTS.
SEC. 1. All men are by nature free and independent, and have certain in- herent and inalienable rights-among these are life, liberty, and the pursuit of happiness. To secure these rights and the protection of property, governments are instituted among men, deriving their just powers from the consent of the governed.
¿ 2. No person shall be deprived of life, liberty or property, without due process of law.
¿ 3. The free exercise and enjoyment of religious profession and worship, without discrimination, shall forever be guaranteed; and no person shall be denied any civil or political right, privilege or capacity, on account of his re- ligious opinions; but the liberty of conscience hereby secured shall not be con- strued to dispense with oaths or affirmations, excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of the State. No person shall be required to attend or support any ministry or place of worship against his consent, nor shall any preference be given by law to any religious denomina- tion or mode of worship.
¿ 4. Every person may frecly speak, write and publish on all subjects, be- ing responsible for the abuse of that liberty; and in all trials for libel, both civil and criminal, the truth, when published with good motives and for justifiable ends, shall be a sufficient defense.
¿ 5. The right of trial by jury as heretofore enjoyed, shall remain invio- late; but the trial of civil cases before justices of the peace by a jury of less than twelve men may be authorized by law.
¿ 6. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue without probable cause, supported by affidavit, par- ticularly describing the place to be searched, and the persons or things to be seized.
¿ 7. All persons shall be bailable by sufficient sureties, except for capital offenses, where the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of re- bellion or invasion the public safety may require it.
2 8. No person shall be held to answer for a criminal offence, unless on indictment of a grand jury, except in cases in which the punishment is by fine,
502
HISTORY OF WHITESIDE COUNTY.
or imprisonment otherwise than in the penitentiary, in cases of impeachment, and in cases arising in the army and navy, or in the militia, when in actual ser- vice'in time of war or public danger; Provided, that the grand jury may be abolished by law in all cases.
¿ 9. In all criminal prosecutions the accused shall have the right to ap- pear and defend in person and by counsel, to demand the nature and cause of the accusation and to have a copy thereof, to meet the witnesses face to face, and to have process to compel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed.
2210."" No"person shall be"compelled in any criminal case to give evidence against himself, or be twice put in jeopardy for the same offence.
¿ 11. All penalties shall be proportioned to the nature of the offence, and no conviction shall work corruption of blood or forfeiture of estate, nor shall any person be transported out of the State for any offence committed within the same.
¿ 12. No person shall be imprisoned for debt, unless upon refusal to de- liver up his estate for the benefit of his creditors, in such manner as shall be prescribed by law, or in cases where there is strong presumption of fraud.
¿ 13. Private property shall not be taken or damaged for public use with- out just compensation. Such compensation, when not made by the State, shall be ascertained by a jury, as shall be prescribed by law. The fee of land taken for railroad tracks, without consent of the owners thereof, shall remain in such owners, subject to the use for which it is taken.
¿ 14. No ex post facto law, or law impairing the obligation of contracts, or making any irrevocable grant of special privileges or immunities, shall be passed.
¿ 15. The military shall be in strict subordination to the civil power.
¿ 16. The soldier shall not, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, except in the manner prescribed by law.
¿ 17. The people have a right to assemble in a peaceable manner to con- sult for the common good, to make known their opinions to their representa- tives, and to apply for redress of grievances.
¿ 18. All elections shall be free and equal.
¿ 19. Every person ought to find a certain remedy in the laws for all in- juries and wrongs which he may receive in his person, property or reputation; he ought to obtain, by law, right and justice freely, and without being obliged to purchase it, completely and without denial, promptly and without delay.
¿ 20. A frequent recurrence to the fundamental principles of civil gov- ernment is absolutely necessary to preserve the blessings of liberty.
DESCENT OF PROPERTY.
By the revised Statutes of 1874, estates, both real and personal, of resi- dent and non-resident proprietors in this State dying intestate, after payment of debts descend as follows:
To his or her children and their descendants in equal parts; the descendants of the deceased child or grand-child taking the share of their deceased parents in equal parts among them.
When there is no child or descendant of such child, no widow or husband, then to the parents, brothers and sisters of such intestate, and their descendants in equal parts, allowing to each of the parents, if living, a child's part, or to the
1
503
ABSTRACT OF LAWS.
survivor of them, if one be dead, a double portion; and if no parent be living, then to the brother and sister of the intestate.
When there is a widow or surviving husband, and no child or children, or descendants of a child or children, then 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.
When there is a widow or husband surviving, and also a child or children or descendants, then such widow or husband takes one-third of all the personal estate absolutely.
If there be no widow, husband, child or children, parent, brother or sister, or descendant of either, then the estate descends to the next of kin to the intes- tate, in equal degree (computing by the rules of the civil law). There is no representation among collaterals except with descendants of brothers and sisters, and there is no distinction between the kindred of the whole and half blood.
If there be a widow or husband, and no kindred, such survivor takes the whole estate. If there be no kindred, and no widow or husband, the estate shall escheat to the State.
Illegitimate children inherit from the mother and any maternal ancestor, and any person of whom the mother might have inherited if living. The lawful issne of an illegitimate person shall represent such person, and take by descent any estate which the parent would have taken if living.
A posthumous child of an intestate shall receive its just proportion of its ancestor's estate, in all respects the same as if born in the life-time of its father .
EXEMPTION LAW.
Homestead :- Every householder having a family in this "State"is entitled to a homestead to the extent of one thousand dollars in the farm, or lot of land, and buildings thereon, owned or possessed and'occupied as a residence, which is exempt from attachment, judgment, levy or execution, sale for the payment of debts or other purposes, and from the laws of conveyance, descent and devise. Such exemption continues after the death of such householder for the benefit of the surviving husband or wife, so long as "the same continues to"be occupied as a homestead, and for the benefit of the children, until the youngest child becomes twenty-one years of age. In case of the desertion of either husband or wife the exemption continues for the benefit of the one occupying the prem- ises. The homestead is not exempt from taxation or from debts for the pur- chase or improvement thereof. The proceeds arising from a sale of the home- stead to the amount of one thousand dollars is exempt for one year from the receipt thereof, and when re-invested in"a homestead is exempt, as in the or- iginal homestead.
Personal Property :- The following personal property is exempt from attachment. execution or distress for rent:
The necessary wearing apparel, bibles, school books and family pictures of every person, and one hundred dollars worth of other property, to be selected by the debtor. When the debtor is the head of a family, and resides with the same, three hundred dollars worth of other property, to be selected by the debtor. Such selection cannot be made from any money due the debtor from any person, persons or corporation.
In order to avail himself of the benefit of the exemption law the debtor is required to schedule all his personal property of any kind and description, in- cluding all debts due him, and money on hand, and deliver such schedule to the officer having the execution, writ of attachment, or distress warrant. In case the head of the family die, desert, or fail to reside with the same, the family is
504
HISTORY OF WHITESIDE COUNTY.
entitled to all the benefits and privileges conferred by law upon the head of the family.
· Nothing, however, is exempt from attachment or execution where the founda- tion of the writ is the wages of a laborer or servant. If any officer shall seize ex- empt property, on execution or other process, such officer is liable to the party in- jured for double the value of the property so illegally taken, to be recovered in an action of trespass, with costs.
LIMITATION LAW.
The following actions can only be commenced within the periods hereafter specified, except in cases where a different limitation is prescribed by Statute:
Actions for slander or libel, within one year next after the cause of action occurred.
Actions for damages for injury to the person for false imprisonment or ma- licious prosecution, or for a statutory penalty, for abduction, for seduction, or for criminal conversation, within two years.
Actions on unwritten contracts, expressed or implied, or on awards or ar- bitrations, or to recover damages for an injury done to property-real or personal, or to recover the possession of personal property or damages for the detention or conversion thereof, and all civil actions not otherwise provided for, within five years.
Actions on bonds, promissory notes, bills of exchange, written leases, writ- ten contracts, or other evidences of indebtedness in writing, within ten years. Any new promise or payment takes the case out of the statute, and it begins to run again from the date of such payment or promise. The statute does not run during absence from the State of the promisor or obligor.
When a cause of action has arisen in a State or territory out of this State, or in a foreign country, and by the laws thereof an action can not be maintained by reason of the lapse of time, an action thereon can not be maintained in this State.
Persons under age or disability are allowed two years within which to bring their actions after arriving at full age, or after the disability is removed.
If a person liable to an action fraudulently conceals the cause of such ac- tion from the knowledge of the person entitled thereto, the action may be com- menced at any time within five years after the person entitled to bring the same discovers that he has such cause of action.
If an action is stayed by injunction, order of court, or statutory prohibition, the statute does not run during such time.
ORGANIZATION OF CORPORATIONS.
Corporations not for Pecuniary Profit :- Societies, Corporatious and associ- ations not for pecuniary profit, may be formed as follows:
Any three or more persons, citizens of the United States, may make, sign and acknowledge before any person authorized by law to take acknowledgments of deeds in this State, and file in the office of the Secretary of State, a certificate in writing, stating the name or title by which such corporation, society or asso- ciation shall be known in law, the particular business and object for which it is formed, and the number of its trustees, directors or managers selected for the first year of its existence. When such certificate is filed, the Secretary of State will issue a certificate of organization, which is then to be filed with the Recorder of Deeds of the county where such corporation, society or association is located. When thus organized, such corporation, society or association, can sue and be sued, take and hold real and personal property, may make and enforce contracts in relation to the legitimate business of the corporation, may have and use a
505
ABSTRACT OF LAWS.
common seal, and make all by-laws for the government of such corporation not inconsistent with the constitution or any law of the State, or United States.
Religious Corporations :- Any church, congregation or society formed for the purpose of religious worship, may become incorporated in the manner following:
By electing or appointing, at any meeting held for that purpose, two or more of its members as trustees, wardens, or vestrymen, and adopting a corporate name, and upon filing an affidavit by the chairman or secretary of such meeting with the Recorder of Deeds of the county in which such congregation or society is organized, in the following form:
STATE OF ILLINOIS, {
WHITESIDE COUNTY, SS.
I do solemnly swear (or affirm) that at a meeting of the members of the. held at. ,in the county of Whiteside and State of Illinois, on the. . day of. A. D. IS .... , for that purpose, the following persons were elected (or appoint-
. trustees, etc., according to the rules and usages of such. .; And such ed)
church adopted as its corporate name. ; and at such meeting this affiant acted as
Name
Subscribed and sworn to before me this. . day of A. D. IS ...
Such church, society or congregation shall then be deemed organized. The by-laws or rules of such society may determine the term of service of the trus- tees, and failure to elect does not work a dissolution of the organization. Such society, church or congregation, may acquire by gift, or purchase, real estate not to exceed ten acres, may lay out and maintain thereon a burying ground, and may erect such buildings as are deemed necessary for the comfort and conven- ience of such society. Societies so organized may take and hold real estate not to exceed forty acres for camp-meeting purposes.
FENCE LAW.
In counties under township organization in this State, the Assessor and Commissioners of Highways are fence viewers ex officio of their respective towns.
A lawful fence is four and one half feet high, in good repair, made either of rails, timber, boards, stone, or hedges, or anything that the fence viewers shall deem equivalent thereto.
Where two persons own lands adjoining, each is required to make and maintain a just proportion of the division fence, unless the owner of either ad - joining lands shall choose to let such land lie open. If, however, such owner shall afterwards desire to enclose his tract, he is liable to contribute a just pro- portion of the value of any division fence then existing. The value of such fence is ascertained by two fence viewers of the town, who also are by law con- stituted a tribunal to settle disputes between adjoining owners as to the propor- tion of fence to be made and maintained by each. The viewers are selected by each party choosing one; in case they cannot agree, the two chosen seleet a third, the decision of any two being final. The decision of the fence viewers must be reduced to writing and filed in the office of the Town Clerk. In case the party liable shall neglect to repair or make his proportion of the division fence, the party aggrieved may construct or repair the same at the expense of the party liable, first giving, in case of erecting a new fence, 60 days' notice, and in case of repairing, 10 days' notice. When a division fence is injured or destroyed, the party liable to its maintenance is required to repair the same within 10 days; any person interested may make such requisition. In case of refusal or neglect, any injured party may make or repair the same at the expense of the party lia- ble. Division fences can be removed in case an adjoining owner shall desire to let his land lie open; but one year's notice must be given of such intention; if
[6,-I.]
506
HISTORY OF WHITESIDE COUNTY.
removed without notice, the party removing is liable for all damages occasioned thereby.
Fence viewers are authorized to examine witnesses, and may administer oaths and subpoena witnesses upon any question submitted to them. They are entitled to one dollar and fifty cents a day each for the time necessarily spent on any matter submitted to them.
ESTRAY LAW.
Horses, mules, asses, cattle, swine, sheep, or goats, 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 fifteenth day of April in other counties, the owner thereof being unknown, may be taken up. Estrays may be taken up only by a householder in the county where the estray is found, and not unless such astray is upon or about his farm, or place of residence. The estray must not be used until after advertising. Within five days after the taking up of an estray, notices must be posted in three public places in the town; the no- tice must give the residence of the taker up, and a particular description of the estray-its age, color, and marks natural and artificial, as near as may be, and stating before what Justice of the Peace of the town, in not less than ten nor more than fifteen days, he will apply to have such estray appraised. The no- tice must be recorded with the Town Clerk, in the "Town Estray Book." On the day fixed in the notice the estray is appraised before the Justice by apprais- ers appointed for that purpose. The appraisement is by the Justice noted in his docket, and if the value of the estray exceeds twenty dollars, the Justice must within ten days forward to the Clerk of the county a certificate stating the de- scription of the estray, the name and residence of the taker up, and the value of said estray; this is entered in the "Estray Book." The County Clerk then publishes an estray notice for three successive weeks in a newspaper published in the county, and also causes three copies to be posted in three public places in the county. If the estray is not claimed within one year, if it be a horse, mule, ass, or head of cattle, or within three months if it be a sheep, goat, or swine, the same is sold at public sale after giving twenty days' notice. From the proceeds is deducted the costs, and reasonable compensation for keeping such estray; the balance is deposited with the County Treasurer, and may be reclaimed by the owner of the estray at any time within three years.
The penalty for unlawfully taking up an estray is ten dollars. If the es- tray dies or gets away the taker up is not liable for the same.
LOST GOODS, MONEY, ETC.
If any person or persons shall hereafter find any lost goods, moneys, bank notes or other choses in action, of any description whatever, of the value of $5 and upwards, it shall be the duty of such person or persons to inform the owner thereof, if known, and to make restitution of the same without any compensation whatever, except the same shall be voluntarily given on the part of the owner; but if the owner be unknown, such person or persons shall, within five days after such finding as aforesaid, take such goods, money, bank notes or other choses in action, before some Justice of the Peace of the proper county and make affidavit of the description thereof, the time and place, when and where the same was found, that no alteration has been made in the appearance thereof since the find- ing of the same, whereupon the Justice shall enter a description of the property thus found and the value thereof as near as he can ascertain, in his estray book, together with the affidavit of the finder, to be taken as aforesaid, and shall also within ten days after the said proceedings shall have been entered in his estray
507
ABSTRACT OF LAWS.
book as aforesaid, transmit to the County Clerk a certified copy thereof, to be by him recorded in his estray book and to file the same in his office.
In all cases where such lost goods, money, bank notes, or other choses in action shall not exceed the sum of $15 in value, it shall be the duty of the find- er to advertise the same on the door of the court house and in three other of the most public places in the county, and if no person shall appear to claim and prove such money, goods, bank notes or other choses in action within twelve months from the time of advertisement, the right to such property where the same shall consist in goods, money or bank notes shall be vested in the finder; but if the value thereof shall exceed the sum of $15 it shall be the duty of the County Clerk within twenty days from the time of the reception of the Justice' said certificate at his office, to cause an advertisement to be posted upon the court house door and in three other of the most public places in the county, and also a notice thereof to be published for three weeks successively in some pub- lic newspaper printed in this State; and if the said goods, money, bank notes or other choses in action be not reclaimed within six months after the advertise- ment thereof as aforesaid, it shall be the duty of the finder, if the property shall consist in money or bank notes, to deliver the same to the County Treasurer af- ter deducting the necessary expenses hereinafter provided for; and if in bonds, bills, notes of hand, patents, deeds of conveyance, articles of apprenticeship, mortgages, or other instruments of value, the same shall be delivered to the County Clerk to be preserved in his office for the benefit of the owner, when- ever legal application shall be made therefor. If in goods, wares or merchandise, the same shall be delivered to the Sheriff of the county, who shall thereupon proceed to sell the same at public auction to the highest bidder, for ready money, having first given ten days' notice of the time and place of sale; and the pro- ceeds of all such sales, after deducting the cost and other expenses, shall be paid into the county treasury.
WEIGHTS AND MEASURES.
In this State, when any of the following articles are contracted for, sold, or delivered, and no special contract or agreement shall be made to the contrary, the weight is as follows:
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.