USA > Illinois > McLean County > The History of McLean County, Illinois; portraits of early settlers and prominent men > Part 12
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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 :
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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,
-
-
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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
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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
134
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 city, 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.
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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.
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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.
PAUPERS.
Every poor person who shall be unable to earn a livelihood in conse- quence of any bodily infirmity, idiocy, lunacy or unavoidable cause, shall be supported by the father, grand-father, mother, grand-mother, children, grand-children, brothers or sisters of such poor person, if they or either of them be of sufficient ability ; but if any of such dependent class shall have become so from intemperance or other bad conduct, they shall not be entitled to support from any relation except parent or child.
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ABSTRACT OF ILLINOIS STATE LAWS.
The children shall first be called on to support their parents, if they are able ; but if not, the parents of such poor person shall then be called on, if of sufficient ability ; and if there be no parents or children able, then the brothers and sisters of such dependent person shall be called upon ; and if there be no brothers or sisters of sufficient ability, the grand-children of such person shall next be called on; and if they are not able, then the grand-parents. Married females, while their husbands live, shall not be liable to contribute for the support of their poor relations except out of their separate property. It is the duty of the state's (county) attorney, to make complaint to the County Court of his county against all the relatives of such paupers in this state liable to his support and prosecute the same. In case the state's attorney neglects, or refuses, to complain in such cases, then it is the duty of the overseer of the poor to do so. The person called upon to contribute shall have at least ten days' notice of such application by summons. The court has the power to determine the kind of support, depending upon the circumstances of the parties, and may also order two or more of the different degrees to main- tain such poor person, and prescribe the proportion of each, according to their ability. The court may specify the time for which the relative shall contribute-in fact has control over the entire subject matter, with power to enforce its orders. Every county (except those in which the poor are supported by the towns, and in such cases the towns are liable ) is required to relieve and support all poor and indigent persons lawfully resident therein. Residence means the actual residence of the party, or the place where he was employed; or in case he was in no employment, then it shall be the place where he made his home. When any person becomes chargeable as a pauper in any county or town who did not reside at the commencement of six months immediately preceding his becoming so, but did at that time reside in some other county or town in this state, then the county or town, as the case may be, becomes liable for the expense of taking care of such person until removed, and it is the duty of the overseer to notify the proper authorities of the fact. If any person shall bring and leave any pauper in any county in this state where such pauper had no legal residence, knowing him to be such, he is liable to a fine of $100. In counties under township organization, the supervisors in each town are ex-officio overseers of the poor. The overseers of the poor act under the directions of the County Board in taking care of the poor and granting of temporary relief; also, providing for non-resident persons not paupers who may be taken sick and not able to pay their way, and in case of death cause such person to be decently buried.
The residence of the inmates of poorhouses and other charitable institutions for voting purposes is their former place of abode.
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ABSTRACT OF ILLINOIS STATE LAWS.
FENCES.
In counties under township organization, the town assessor and com- missioner of highways are the fence-viewers in their respective towns. In other counties the County Board appoints three in each precinct annu- ally. A lawful fence is four and one-half feet high, in good repair, con- sisting of rails, timber, boards, stone, hedges, or whatever the fence- viewers of the town or precinct where the same shall lie, shall consider equivalent thereto, but in counties under township organization the annual town meeting may establish any other kind of fence as such, or the County Board in other counties may do the same. Division fences shall be made and maintained in just proportion by the adjoining owners, except when the owner shall choose to let his land lie open, but after a division fence is built by agreement or otherwise, neither party can remove his part of such fence so long as he may crop or use such land for farm purposes, or without giving the other party one year's notice in writing of his intention to remove his portion. When any person shall enclose his land upon the enclosure of another, he shall refund the owner of the adjoining lands a just pro- portion of the value at that time of such fence. The value of fence and the just proportion to be paid or built and maintained by each is to be ascertained by two fence-viewers in the town or precinct. Such fence- viewers have power to settle all disputes between different owners as to fences built or to be built, as well as to repairs to be made. Each party chooses one of the viewers, but if the other party neglects, after eight days' notice in writing, to make his choice, then the other party may select both. It is sufficient to notify the tenant or party in possession, when the owner is not a resident of the town or precinct. The two fence-viewers chosen, after viewing the premises, shall hear the state- ments of the parties, in case they can't agree, they shall select another fence-viewer to act with them, and the decision of any two of them is final. The decision must be reduced to writing, and should plainly set out description of fence and all matters settled by them, and must be filed in the office of the town clerk in counties under township organiza- tion, and in other counties with the county clerk.
Where any person is liable to contribute to the erection or the repairing of a division fence, neglects or refuses so to do, the party injured, after giving sixty days notice in writing when a fence is to be erected, or ten days when it is only repairs, may proceed to have the work done at the expense of the party whose duty it is to do it, to be recovered from him with costs of suit, and the party so neglecting shall also be liable to the party injured for all damages accruing from such neglect or refusal, to be determined by any two fence-viewers selected as before provided, the appraisement to be reduced to writing and signed.
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ABSTRACT OF ILLINOIS STATE LAWS.
Where a person shall conclude to remove his part of a division fence, and let his land lie open, and having given the year's notice required, the adjoining owner may cause the value of said fence to be ascertained by fence-viewers as before provided, and on payment or tender of the amount of such valuation to the owner, it shall prevent the removal. A party removing a division fence without notice is liable for the damages accruing thereby.
Where a fence has been built on the land of another through mis- take, the owner may enter upon such premises and remove his fence and material within six months after the division line has been ascertained. Where the material to build such a fence has been taken from the land on which it was built, then before it can be removed, the person claiming must first pay for such material to the owner of the land from which it was taken, nor shall such a fence be removed at a time when the removal will throw open or expose the crops of the other party ; a reasonable time must be given beyond the six months to remove crops.
The compensation of fence-viewers is one dollar and fifty cents a day each, to be paid in the first instance by the party calling them, but in the end all expenses, including amount charged by the fence-viewers, must be paid equally by the parties, except in cases where a party neglects or refuses to make or maintain a just proportion of a division fence, when the party in default shall pay them.
DAMAGES FROM TRESPASS.
Where stock of any kind breaks into any person's enclosure, the fence being good and sufficient, the owner is liable for the damage done ; but where the damage is done by stock running at large, contrary to law, the owner is liable where there is not such a fence. Where stock is found trespassing on the enclosure of another as aforesaid, the owner of occupier of the premises may take possession of such stock and keep the same until damages, with reasonable charges for keeping and feeding and all costs of suit, are paid. Any person taking or rescuing such stock so held without his consent, shall be liable to a fine of not less than three nor more than five dollars for each animal rescued, to be recovered by suit before a justice of the peace for the use of the school fund. Within twenty-four hours after taking such animal into his possession, the per- son taking it up must give notice of the fact to the owner, if known, or if unknown, notices must be posted in some public place near the premises.
LANDLORD AND TENANT.
The owner of lands, or his legal representatives, can sue for and recover rent therefor, in any of the following cases :
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