USA > Illinois > Coles County > The History of Coles County, Illinois map of Coles County; history of Illinois history of Northwest Constitution of the United States, miscellaneous matters, &c., &c > Part 13
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 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83
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 conservators, and settle- ment of their accounts ; all matters relating to apprentices ; proceedings for the collection of taxes and assessments, 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 justices of the peace now have, or hereafter may have, jurisdiction when the amount claimed shall not exceed $1,000, and in all criminal offenses where the punishment is not imprisonment in the peni- tentiary, or death, and in all cases of appeals from justices of the peace and police magistrates; excepting when the county judge is sitting as a justice of the peace. Circuit Courts have unlimited jurisdiction.
LIMITATION OF ACTION.
Accounts five years. Notes and written contracts ten years. Judg- ments twenty years. Partial payments or new promise in writing, within or after said period, will revive the debt. Absence from the State deducted, and when the cause of action is barred by the law of another State, it has the same effect here. Slander and libel, one year. Personal injuries, two years. To recover land or make entry thereon, twenty years. Action to foreclose mortgage or trust deed, or make a sale, within ten years.
All persons in possession of land, and paying taxes for seven consecu- tive years, with color of title, and all persons paying taxes for seven con- secutive years, with color of title, on vacant land, shall be held to be the legal owners to the extent of their paper title.
MARRIED WOMEN
May sue and be sued. Husband and wife not liable for each other's debts, either before or after marriage, but both are liable for expenses and edu- cation of the family.
4
156
ABSTRACT OF ILLINOIS STATE LAWS.
She may contract the same as if unmarried, except that in a partner- ship business she can not, without consent of her husband, unless he has abandoned or deserted her, or is idiotic or insane, or confined in peniten- tiary ; she is entitled and can recover her own earnings, but neither hus- band nor wife is entitled to compensation for any services rendered for the other. At the death of the husband, in addition to widow's award, a married woman has a dower interest (one-third) in all real estate owned by her husband after their marriage, and which has not been released by her, and the husband has the same interest in the real estate of the wife. at her death.
EXEMPTIONS FROM FORCED SALE.
Home worth $1,000, and the following Personal Property : Lot of ground and buildings thereon, occupied as a residence by the debtor, being a house- holder and having a family, to the value of $1,000. Exemption continues after the death of the householder for the benefit of widow and family, some one of them occupying the homestead until youngest child shall become twenty-one years of age, and until death of widow. There is no exemption from sale for taxes, 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 have 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 pictures of every person ; and, 2d, one hundred dollars worth of other property 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 dollars 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 a family shall die, desert or not reside with the same, the family shall be entitled to and receive all the benefit and priv- ileges which are by this act conferred upon the head of a family residing with the same. No personal property is exempt from execution when judgment is obtained for the wages of laborers or servants. Wages of a laborer who is the head of a family can not be garnisheed, except the sum due him be in excess of $25.
157
ABSTRACT OF ILLINOIS STATE LAWS.
DEEDS AND MORTGAGES.
To be valid there must be a valid consideration. Special care should be taken to have them signed, sealed, delivered, and properly acknowl- edged, with the proper seal attached. Witnesses are not required. The acknowledgement must be made in this state, before Master in Chancery, Notary Public, United States Commissioner, Circuit or County Clerk, Justice of Peace, or any Court of Record having a seal, or any Judge, Justice, or Clerk of any such Court. When taken before a Notary Public, or United States Commissioner, the same shall be attested by his official seal, when taken before a Court or the Clerk thereof, the same shall be attested by the seal of such Court, and when taken before a Justice of the Peace resid- ing out of the county where the real estate to be conveyed lies, there shall be added a certificate of the County Clerk under his seal of office, that he was a Justice of the Peace in the county at the time of taking the same. A deed is good without such certificate attached, but can not be used in evidence unless such a certificate is produced or other competent evidence introduced. Acknowledgements made out of the state must either be executed according to the laws of this state, or there should be attached a certificate that it is in conformity with the laws of the state or country where executed. Where this is not done the same may be proved by any other legal way. Acknowledgments where the Homestead rights are to be waived must state as follows: "Including the release and waiver of the right of homestead."
Notaries Public can take acknowledgements any where in the state.
Sheriffs, if authorized by the mortgagor of real or personal property in his mortgage, may sell the property mortgaged.
In the case of the death of grantor or holder of the equity of redemp- tion of real estate mortgaged, or conveyed by deed of trust where equity of redemption is waived, and it contains power of sale, must be foreclosed in the same manner as a common mortgage in court.
ESTRAYS.
Horses, mules, asses, neat 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 15th day of April in other counties, the owner thereof being unknown, may be taken up as estrays.
No person not a householder in the county where 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.
158
ABSTRACT OF ILLINOIS STATE LAWS.
Notices must be posted up within five (5) days in three (3) of the most public places in the town or precinct in which estray was found, giv- ing the residence of the taker up, and a particular description of the estray, its age, color, 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 (10) nor more than fifteen (15) days from the time of post- ing such notices, he will apply to have the estray appraised.
A copy of such notice should be filed by the taker up with the town clerk, whose duty it is to enter the same at large, in a book kept by him for that purpose.
If the owner of 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 of the peace mentioned in above mentioned notice, and make an affidavit as required by law.
As the affidavit has to be made before the justice, and all other steps as to appraisement, etc., are before him, who is familiar therewith, they are therefore omitted 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 is not liable for the same.
GAME.
It is unlawful for any person to kill, or attempt to kill or destroy, in any manner, any prairie hen or chicken or woodcock between the 15th day of January and the 1st day of September ; or any deer, fawn, wild-turkey, partridge or pheasant between the 1st day of February and the 1st day of October ; or any quail between the 1st day of February and 1st day of November; or any wild goose, duck, snipe, brant or other water fowl between the 1st day of May and 15th day of August in each year. Penalty : Fine not less than $5 nor more than $25, for each bird or animal, and costs of suit, and stand committed to county jail until fine is paid, but not exceeding ten days. It is unlawful to hunt with gun, dog or net within the inclosed grounds or lands of another without permission. Penalty: Fine not less than $3 nor more than $100, to be paid into school fund.
WEIGHTS AND MEASURES.
Whenever any of the following articles shall be contracted for, or sold or delivered, and no special contract or agreement shall be made to the contrary, the weight per bushel shall be as follows, to-wit :
159
ABSTRACT OF ILLINOIS STATE LAWS.
Pounds.
Pounds.
Stone Coal, -
- 80
Buckwheat,
-
- 52
Unslacked Lime,
80
Coarse Salt,
50
Corn in the ear,
70
Barley, -
- 48
Wheat,
60
Corn Meal,
48
Irish Potatoes,
60
Castor Beans,
46
White Beans,
60
Timothy Seed,
45
Clover Seed, -
60
Hemp Seed, -
44
Onions,
57
Malt, -
38
Shelled Corn,
56
Dried Peaches,
- 33
Rye, -
56
Oats, -
32
Flax Seed,
56
Dried Apples,
24
Sweet Potatoes, -
55
Bran, -
20
Turnips,
55
Blue Grass Seed,
-
-
14
Fine Salt, -
55
Hair (plastering),
8
Penalty for giving less than the above standard is double the amount of property wrongfully not given, and ten dollars addition thereto ..
MILLERS.
The owner or occupant of every public grist mill in this state shall grind all grain brought to his mill in its turn. The toll for both steam and water mills, is, for grinding and bolting wheat, rye, or other grain, one eighth part ; for grinding Indian corn, oats, barley and buckwheat not required to be bolted, one seventh part; for grinding malt, and chopping all kinds of grain, one eighth part. It is the duty of every miller when his mill is in repair, to aid and assist in loading and unloading all grain brought to him to be ground, and he is also required to keep an accurate half bushel measure, and an accurate set of toll dishes or scales for weighing the grain. The penalty for neglect or refusal to comply with the law is $5, to the use of any person to sue for the same, to be recovered before any justice of the peace of the county where penalty is incurred. Millers are accountable for the safe keeping of all grain left in his mill for the purpose of being ground, with bags or casks containing same (except it results from unavoidable accidents), provided that such bags or casks are distinctly marked with the initial letters of the owner's name.
MARKS AND BRANDS.
Owners of cattle, horses, hogs, sheep or goats may have one ear mark and one brand, but which shall be different from his neighbor's, 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, hogs, sheep or goats that may have been branded by the former owner,
160
ABSTRACT OF ILLINOIS STATE LAWS.
may be re-branded 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 may also be recorded as before stated.
ADOPTION OF CHILDREN.
Children may be adopted by any resident of this state, by filing a petition in the Circuit or County Court of the county in which he resides, asking leave to do so, and if desired may ask that the name of the child be changed. Such petition, if made by a person having a husband or wife, will not be granted, unless the husband or wife joins therein, as the adoption must be by them jointly.
The petition shall state name, sex, and age of the child, and the new name, if it is desired to change the name.' Also the name and residence of the parents of the child, if known, and of the guardian, if any, and whether the parents or guardians consent to the adoption.
The court must find, before granting decree, that the parents of the child, or the survivors of them, have deserted his or her family or such child for one year next preceding the application, or if neither are living, the guardian ; if no guardian, the next of kin in this state capable of giving consent, has had notice of the presentation of the petition and consents to such adoption. If the child is of the age of fourteen years or upwards, the adoption can not be made without its consent.
SURVEYORS AND SURVEYS.
There is in every county elected a surveyor known as county sur- veyor, who has power to appoint deputies, for whose official acts he is responsible. It is the duty of the county surveyor, either by himself or his deputy, to make all surveys that he may be called upon to make within his county as soon as may be after application is made. The necessary chainmen and other assistance must be employed by the person requiring the same to be done, and to be by him paid, unless otherwise agreed ; but the chainmen must be disinterested persons and approved by the surveyor and sworn by him to measure justly and impartially.
The County Board in each county is required by law to provide a copy of the United States field notes and plats of their surveys of the lands in the county to be kept in the recorder's office subject to examination by the public, and the county surveyor is required to make his surveys in conformity to said notes, plats and the laws of the United States gov- erning such matters. The surveyor is also required to keep a record of all surveys made by him, which shall be subject to inspection by any one interested, and shall be delivered up to his successor in office. A
161
ABSTRACT OF ILLINOIS STATE LAWS.
certified copy of the said surveyor's record shall be prima facie evidence of its contents.
The fees of county surveyors are six dollars per day. The county surveyor is also ex officio inspector of mines, and as such, assisted by some practical miner selected by him, shall once each year inspect all the mines in the county, for which they shall each receive such compensa- tion as may be fixed by the County Board, not exceeding $5 a day, to be paid out of the county treasury.
ROADS AND BRIDGES.
Where practicable from the nature of the ground, persons traveling in any kind of vehicle, must turn to the right of the center of the road, so as to permit each carriage to pass without interfering with each other. The penalty for a violation of this provision is $5 for every offense, to. be recovered by the party injured ; but to recover, there must have occurred some injury to person or property resulting from the violation. The owners of any carriage traveling upon any road in this State for the conveyance of passengers who shall employ or continue in his employment. as driver any person who is addicted to drunkenness, or the excessive use of spiritous liquors, after he has had notice of the same, shall forfeit, at the rate of $5 per day, and if any driver while actually engaged in driving any such carriage, shall be guilty of intoxication to such a degree as to. endanger the safety of passengers, it shall be the duty of the owner, on receiving written notice of the fact, signed by one of the passengers, and. certified by him on oath, forthwith to discharge such driver. If such owner shall have such driver in his employ within three months after such notice, he is liable for $5 per day for the time he shall keep said driver in his. employment after receiving such notice.
Persons driving any carriage on any public highway are prohibited from running their horses upon any occasion under a penalty of a fine not. exceeding $10, or imprisonment not exceeding sixty days, at the discre- tion of the court. Horses attached to any carriage used to convey passen- gers for hire must be properly hitched or the lines placed in the hands of some other person before the driver leaves them for any purpose. For violation of this provision each driver shall forfeit twenty dollars, to be recovered by action, to be commenced within six months. It is under- stood by the term carriage herein to mean any carriage or vehicle used for the transportation of passengers or goods or either of them.
The commissioners of highways in the different towns have the care. and superintendence of highways and bridges therein. They have all the powers necessary to lay out, vacate, regulate and repair all roads, build and repair bridges. In addition to the above, it is their duty to erect and keep in repair at the forks or crossing-place of the most
162
ABSTRACT OF ILLINOIS STATE LAWS.
important roads post and guide boards with plain inscriptions, giving directions and distances to the most noted places to which such road may lead; also to make provisions to prevent thistles, burdock, and cockle burrs, mustard, yellow dock, 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 public 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.
The Commissioners, on or before the 1st day of May of each year, shall make out and deliver to their treasurer a list of all able-bodied men in their town, excepting paupers, idiots, lunatics, and such others as are exempt by law, and assess against each the sum of two dollars as a poll tax for highway purposes. Within thirty days after such list is delivered they shall cause a written or printed notice to be given to each person so assessed, notifying him of the time when and place where such tax must be paid, or its equivalent in labor performed ; they may contract with persons owing such poll tax to perform a certain amount of labor on any road or bridge in payment of the same, and if such tax is not paid nor labor performed by the first Monday of July of such year, or within ten days after notice is given after that time, they shall bring suit therefor against such person before a justice of the peace, who shall hear and determine the case according to law for the offense complained of, and shall forthwith issue an execution, directed to any constable of the county where the delinquent shall reside, who shall forthwith collect the moneys therein mentioned.
The Commissioners of Highways of each town shall annually ascer- tain, as near as practicable, how much money must be raised by tax on real and personal property for the making and repairing of roads, only, to any amount they may deem necessary, not exceeding forty cents on each one hundred dollars' worth, as valued on the assessment roll of the previous year. The tax so levied on property lying within an incorporated village, town or eity, shall be paid over to the corporate authorities of such town, village or city. Commissioners shall receive $1.50 for each day neces- sarily employed in the discharge of their duty.
Overseers. At the first meeting the Commissioners shall choose one of their number to act General Overseer of Highways in their township, whose duty it shall be to take charge of and safely keep all tools, imple- ments and machinery belonging to said town, and shall, by the direction of the Board, have general supervision of all roads and bridges in their town.
168
ABSTRACT OF ILLINOIS STATE LAWS.
As all township and county officers are familiar with their duties, it. is only intended to give the points of the law that the public should be familiar with. The manner of laying out, altering or vacating roads, etc., will not be here stated, as it would require more space than is contem- plated in a work of this kind. It is sufficient to state that, the first step is by petition, addressed to the Commissioners, setting out what is prayed for, giving the names of the owners of 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 freeholders residing within three miles of the road who shall sign the petition. Public roads must not be less than fifty feet wide, nor more than sixty feet wide. Roads not exceeding two miles in length, if peti- tioned for, may be laid out, not less than forty feet. Private roads. for private and public use, may be laid out of the width of three rods, on petition of the person directly interested ; the damage occasioned thereby shall be paid by the premises benefited thereby, and before the road is opened. If not opened in two years, the order shall be considered rescinded. 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 days from date of filing order of location, or be deemed vacated.
DRAINAGE.
Whenever one or more owners or occupants of land desire to construct i drain or ditch across the land of others for agricultural, sanitary or mining purposes, the proceedings are as follows :
File a petition in the Circuit or County Court of the county in which the proposed ditch or drain is to be constructed, setting forth the neces- sity for the same, with a description of its proposed starting point, route and terminus, and if it shall be necessary for the drainage of the land or coal mines or for sanitary purposes, that a drain, ditch, levee or similar work be constructed, a description of the same. It shall also set forth the names of all persons owning the land over which such drain or ditch shall be constructed, or if unknown stating that fact.
No private property shall be taken or damaged for the purpose of constructing a ditch, drain or levee, without compensation, if claimed by the owner, the same to be ascertained by a jury; but if the construction of such ditch, drain or levee shall be a benefit to the owner, the same shall be a set off against such compensation.
If the proceedings seek to affect the property of a minor, lunatic or married woman, the guardian, conservator or husband of the same shall be made party defendant. The petition may be amended and parties made defendants at any time when it is necessary to a fair trial.
164
ABSTRACT OF ILLINOIS STATE LAWS.
When the petition is presented to the judge, he shall note there ,n when he will hear the same, and order the issuance of summonses and the publication of notice to each non-resident or unknown defendant.
The petition may be heard by such judge in vacation as well as in term time. Upon the trial, the jury shall ascertain the just compensation to each owner of the property sought to be damaged by the construction of such ditch, drain or levee, and truly report the same.
As it is only contemplated in a work of this kind to give an abstract of the laws, and as the parties who have in charge the execution of the further proceedings are likely to be familiar with the requirements of the statute, the necessary details are not here inserted.
WOLF SCALPS.
The County Board of any county in this State may hereafter allow such bounty on wolf scalps as the board may deem reasonable.
Any person claiming a bounty shall produce the scalp or scalps with the ears thereon, within sixty days after the wolf or wolves shall have been caught, to the Clerk of the County Board, who shall administer to said person the following oath or affirmation, to-wit: "You do solemnly swear (or affirm, as the case may be), that the scalp or scalps here pro- duced by you was taken from a wolf or wolves killed and first captured by yourself within the limits of this county, and within the sixty days last past."
CONVEYANCES.
When the reversion expectant on a lease of any tenements or here- ditaments of any tenure shall be surrendered or merged, the estate which shall for the time being confer as against the tenant under the same lease the next vested right to the same tenements or hereditaments, shall, to the extent and for the purpose of preserving such incidents to and obli- gations on the same reversion, as but for the surrender or merger thereof, would have subsisted. be deemed the reversion expectant on the same lease.
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.