USA > Illinois > Peoria County > The History of Peoria County, Illinois. Containing a history of the Northwest-history of Illinois-history of the county, its early settlement, growth, development, resources, etc., etc. > Part 35
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In computations of time, and of interest and of discounts, a month means a calen- der month, a year consists of twelve calendar months, and in allowing for any number of days less than a month, each day is considered the thirtieth part of a month.
TAXES.
All taxable real estate should be assessed at its fair cash value between the 1st day of May and the 1st day of July, 1880, and every four years thereafter; and during the same period of other years the Assessor should report to the County Clerk the value of improvements made or destroyed on the lands assessed.
All taxable personal property should be assessed between the 1st day of May and the 1st day of July of every year.
The Town Board meets on the fourth Monday of June, 1880, and every four years thereafter, to review and correct the assessments of real property in the town ; and on the second Monday of June, in other years, to hear and pass upon complaints in reference to the assessment of real estate ; and on the fourth Monday of June in every year to review and correct the assessments of personal property, and improvements made or de- stroyed on real property.
The County Board meets annually on the second Monday of July to equalize the assessments between the towns of the county, to review the assessments and make such corrections as are just, and to assess lands listed which have not already been as- sessed.
The collectors' books are placed in the hands of the town and district colleetors about the 1st of December in each year. They have until the 10th day of March follow-
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ing to collect taxes ; and on or before that day they should return their books to the County Clerk and make final settlement. All taxes due and unpaid on real estate when they make their final settlement or on the 10th of March, annually, are deemed delin- quent and bear interest after the 1st day of May at the rate of one per cent. per month until paid or forfeited.
Personal property may be distrained and sold for the payment of the taxes on either personal or real estate ; and the tax on personal property may be charged against real property in cases of removals or when the tax can not be made out of the personal property.
Taxes assessed on real property are a lien thereon from the 1st day of May in the year in which they are levied until they are paid. The owner of property on the 1st day of May is liable for the taxes of that year.
The taxes may be paid on part of any lot, piece or parcel of land charged with taxes, or on an undivided share of real estate.
The County Collector should give three weeks' notice by publication in some news- paper published in the county, that he will apply to the County Court, at the May term thereof, for judgment for sale of delinquent lands ; and, also, at what time he will offer for sale the lands, for the sale of which an order may be made by the County Court. Where application is made for judgment, any one interested may appear and offer any objections he may have why judgment should not be rendered, for the delinquent taxes, against any tract of land. And an appeal may be taken from the judgment of the County Court to the Supreme Court.
The taxes and accrued costs may be paid at any time after judgment before sale. The Collector should proceed on the day specified in his notice to sell the lands on which the taxes have not been paid. Every tract for which there is no bidder is forfeited to the State. In making up the tax due on forfeited lands the clerk, since July 1st, 1879, adds to the tax of the current year the back tax, interest, penalty and printers' fees remaining due, and one year's interest at ten per cent. on taxes forfeited prior to that date, and twenty-five per cent. on taxes forfeited after that date. Lands forfeited to the State may be redeemed or purchased.
Lands sold for taxes may be redeemed, before the expiration of two years from the date of sale, by paying to the County Clerk the amount for which the same were sold, and twenty-five per cent. thereon, if redeemed within six months from the date of sale ; if between six and twelve months, fifty per cent .; if between twelve and eighteen months, seventy-five per cent. ; and if between eighteen months and two years, one hun- dred per cent.
At any time after the expiration of two years from the date of sale, for taxes, if the lands have not been redeemed, the purchaser, his heirs or assigns, having complied with the provisions of the statute governing such cases, will be entitled to a deed of con- veyance.
EXEMPTIONS FROM FORCED SALE.
Every householder having a family is entitled to an estate of homestead to the value of $1,000 in the farm, or lot of land and buildings thereon, owned or rightly possessed by lease or otherwise, and occupied by him as a residence ; and this homestead is exempt from forced sale, except for the payment of taxes or assessments, or for a liability incurred for the purchase or improvement thereof. If the owner sells his homestead, the proceeds of the sale, to the extent of $1,000, are also exempt ; and the sale would not subject the premises to any lien or incumbrance to which they would not have been subject in the hands of the owner. If the building, occupied as a homestead, is insured for the debtor's benefit, and burns down, the insurance money is exempt to the same extent that the building was. After the death of the householder the exemption continues for the
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GENERAL HISTORY OF ILLINOIS.
benefit of the husband or wife surviving, and of the children, until the youngest is twenty- one years of age. If husband or wife deserts the family, the exemption continues for the benefitof the one remaining. The following articles of personal property, owned by the debtor, are also exempt from execution, writ of attachment, and distress for rent : Wearing apparel, bibles, school books and family pictures of every person, 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 it, three hundred dollars' worth of other property to be se- lected by him ; but the selection can not be made nor the exemption allowed from any money, salary, or wages due him. Whenever an execution, writ of attachment, or dis- tress warrant is issued against a debtor, if he desires to have any of his property exempt from forced sale, he should make a schedule of all his personal property of every kind, in- cluding money on hand, debts due and owing to him, and subscribe and swear to it, and deliver it to the officer, and any personal property owned by the debtor which he fails to put down on the schedule is not exempt and may be seized and sold by the officer. No property is exempt from sale to pay the wages of any laborer or servant. If the head of the family dies or deserts the family, the exemption enures to the benefit of those re- maining. If an officer, by virtue of any process, seizes property exempt from levy and forced sale, he is liable to the party injured for double the value of the property so ille- gally taken.
DEEDS AND MORTGAGES.
The statutory form of warranty deeds is as follows :
The grantor (here insert name and place of residence), for and in consideration of (here insert consideration) in hand paid, conveys and warrants to (here insert name of grantee), the following described real estate (here insert description), situated in the county of - -, in the State of Illinois.
Dated this day of - -, A. D. 18 -. A. B. [L. S.]
A deed substantially in the above form would be a conveyance in fee simple, and by executing it the grantor would be held to have covenanted that at the time of the mak- ing and delivery of the deed he was lawfully seized of an indefeasible estate in fee simple, in and to the premises therein described, and had good right and full power to convey the same; that the same were then free from all encumbrances, and that he warrants to the grantee, his heirs and assigns, the quiet and peaceable possession of the premises, and that he will defend the title thereto against all persons who may lawfully claim the same. These covenants would be as binding upon the grantor, his heirs and personal representa- tives, as if written at length in the deed.
Quit claim deeds may be made after the following statutory form :
The grantor (here insert grantor's name), for the consideration of (here insert con- sideration), conveys and quit claims to (here insert the grantee's name), all interest in the following described real estate (here insert description thereof), situated in the county of -, in the State of Illinois.
Dated this - - day of - -, A. D. 18 -. A. B. [1. 8.]
Deeds duly executed in this form are sufficient to convey to the grantee, his heirs and assigns, in fee, all the title and interest which the grantor then had in the premises. Real estate mortgages may be in the following form :
The mortgagor (here insert name), mortgages and warrants to (here insert name of mortgagee), to secure the payment of (here insert the amount and nature of indebted- ness, showing when due and the rate of interest, and whether secured by note or other- wise), the following described real estate (here insert description), situated in the county of - , in the State of Illinois.
Dated this - day of -, A. D. 18 -. A. B. [L. S.] Any person duly executing n mortgage after this form will be held to have cove-
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GENERAL HISTORY OF ILLINOIS.
nanted to the same extent as is implied in the above warranty deed. If the words " and warrants " are omitted no covenants will be implied. If it is desired to waive and re- lease the homestead rights of the grantor or mortgagor in the premises there should be inserted in the deed or mortgate, after the words " State of Illinois," the words " hereby releasing and waiving all rights under and by virtue of the homestead laws of this State." The homestead rights are never considered as waived or released by a deed or mortgage unless the same contains a clause expressly releasing or waiving such right, and unless the certificate of acknowledgment also contains a clause substantially as follows : " In- cluding the release and waiver of the right of homestead," or other words showing clearly that the parties intended to release such right. A release or waiver of the right of home- stead by the husband does not bind the wife unless she join him in the release or waiver. A married woman may relinquish her right of dower in her husband's real estate by joining him in the deed, mortgage, or other writing, relating to the disposition of the property. If the husband has already parted with his title to the lands the wife may relinquish her dower by a separate deed of conveyance to the purchasers.
Deeds and other conveyances should be acknowledged before some officer authorized by law to take acknowledgments. A deed or other conveyance, although not acknowl- edged, is just as effectual to pass the title to the premises as if acknowledged, except as to the estate of homestead. Deeds and other conveyances, properly acknowledged, may be read in evidence without proof of their execution, but if they are not acknowledged, their execution must be proved. Deeds, mortgages, and other instruments in writing relating to real estate, are from the time of being filed for record notice to subsequent purchasers and creditors whether acknowledged and proven according to law or not. Whatever may be the form of a deed of conveyance, if it was intended merely as security in the nature of a mortgage, it is considered as a mortgage.
Any person after once selling any tract or tracts of land or executing any bond or agreement for the sale of lands or town lots, who shall again, knowingly and fraudulently, sell or dispose of the same tract or tracts of land, or shall knowingly and fraudulently execute any bond or agreement to sell or dispose of the same piece of land to any other person for a valuable consideration, shall be imprisoned in the penitentiary not less than one nor more than ten years.
A chattel mortgage is not good as to third parties unless possession of the chattels shall be delivered to and'remain with the grantee or mortgagee, or the instrument shall be properly acknowledged and recorded and provide for the possession of the property to remain with the grantor or mortgagor. Any mortgage or conveyance of personal pro- perty as security for the payment of money or other thing may be acknowledged before a justice of the peace of the town where the mortgagor resides. If the mortgagor is not a resident of this State when the acknowledgment is made, then before any officer author- ized to take acknowledgments of deeds :
The certificate of acknowledgment may be in the following form :
This (name of instrument ) was acknowledged before me by (name of grantor) this day of - -, 18 -.
Witness my hand and seal.
(name of officer) [SEAL.]
If the mortgagor is a resident the words "and entered by me," should be inserted after the name of the grantor and the justice should make a memorandum on his docket substantially as follows :
A. B. (name of mortgagor) to 1 Mortgage of (here insert description of
C. D. (name of mortgagee)
as in mortgage.)
Acknowledged this - day of -, 18 -.
If the mortgagor sells the property during the existence of the mortgage withunt in- forming the purchaser of the existence of it he shall forfeit and pay to the thaser
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GENERAL HISTORY OF ILLINOIS.
twice the value of the property so sold. Or if the mortgagor during the existence of the lien sells, transfers, conceals, takes, drives, or carries away, or in any manner dis- poses of the property mortgaged without the written consent of the holder of the incum- brance, he may be fined in a sum not exceeding twice the value of the property so sold or disposed of, or confined in the county jail not exceeding one year or both.
FORM OF CHATTEL MORTGAGE.
Know all men by these presents, that - of the town of in the county of - - and State of Illinois in consideration of the sum of - - dollars, to paid by - of the county of - and State of - - the receipt whereof is hereby acknowledged, do hereby grant, sell, convey and confirm unto the said and to his executors, administrators or assigns the following goods and chattels to wit : (here describe them and state where they are kept).
To have and to hold all and singular the said goods and chattels, unto the said mortgagee herein, and - executors, administrators and assigns to - and their sole use forever. And the mortgagor herein. for - and for - executors, ad- ministrators do hereby covenant to and with the said mortgagee executors,
administrators and assigns, that said mortgagor lawfully possessed of the said
goods and chattels as of
own property, that the same are free from all incum-
brances and that - will, and executors and administrators shall, warrant and defend the same to the said mortgagee executors, administrators and assigns, against the lawful claims and demands of all persons.
Provided nevertheless, that, if the said mortgagor - executors or adminis- trators shall well and truly pay unto the said mortgagee executors, administrators or assigns (here insert indebtedness to be paid off ) then this mortgage to be void, other- wise to remain in full force and effect.
And provided, also, that it shall be lawful for the said mortgagor executors, administrators and assigns, to retain possession of the said goods and chattels, and at - own expense to keep and use the same, until or executors, or ad- ministrators or assigns shall make default in the payment of the said sum of money above specified, either in principal or interest, at the time or times and in the manner herein before stated. And the said mortgagor, hereby covenant and agree, that in case default shall be made in the payment of the note, aforesaid, or of any part thereof, or the interest thereon, on the day or days respectively on which the same shall become due and payable; or if the mortgagee - executors, administrators or assigns shall feel insecure or unsafe, or shall fear diminutions, removal, or waste of said property ; or, if the mortgagor - shall sell or assign, or attempt to sell or assign the said goods and chattels or any interest therein ; or, if any writ or any distress warrant shall be levied on said goods and chattels or any part thereof ; then, and in either of said cases, said note, and sum of money both principal and interest, shall, at the option of said mort- - executors, administrators or assigns, without notice to nny one of said gagee
option, become at once due and payable, and the said mortgagee executors, ad- ministrators or assigns, or any of them, shall thereupon have the right to take immediate possession of said property wherever it may be found and may enter the premises of the mortgagor, and search for and take possession of said goods and chattels, and remove, sell and dispose of the same or any part thereof, at public auction, to the highest bidder, after giving - days' notice of. the time, place, and terms of sale, together with the description of the property to be soll, by notices posted up in three public places in the vicinity of such sale, or at private sale, with or without notice, for cash or on credit as the said mortgagee -- executors, administrators or assigns may elect, and out of the proceeds of such sale, to retain all costs and charges for recovering, removing, storing, advertis ng and selling such goods and chattels and all prior liens thereon, together with
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GENERAL HISTORY OF ILLINOIS.
the amount due and unpaid upon said note, rendering the surplus, if any remain, unto said mortgagor - or legal representatives.
Witness the hand, and seal, of the mortgagor this - day of --- 18 -.
[SEAL. ] [SEAL.]
STATE OF ILLINOIS, ! SS. COUNTY OF PEORIA. S
I-a Justice of the Peace in the town of in and for said county do hereby certify that this mortgage was duly acknowledged before me by the above named mortgagor, therein named and entered by me this - day of - A. D. 18 -.
Witness my hand and seal. [SEAL.] Justice of the Peace.
LANDLORD AND TENANT.
The owner of land is entitled to reasonable rent in the following cases : When rent is due and in arrear on a lease for life or lives; when lands are held without any agree- ment for rent ; when the possession is obtained under an agreement to purchase and the buyer refuses to complete the purchase or give up possession after demand in writing ; when a person after demand in writing neglects to give up possession to the purchaser under a judgment or decree of court against him or under a trust deed or mortgage made by him.
The tenant is liable for double rent if he holds over after a proper demand is made on him for the possession, or if he gives notice of his intention to quit and does not quit.
Sixty days' notice to quit is required in tenancies from year to year ; thirty days' notice in tenancies from month to month. If rent is due the lease may be terminated by the landlord giving the tenant notice in writing that unless the rent is paid within five or more days the lease will be terminated. If default is made in any of the terms of the lease, no more than ten days' notice to quit is required. The notice may be in the following form :
To A. B .: You are hereby notified that in consequence of your default in (here in- sert character of default) of the premises now occupied by you, being, etc. (here de- scribe 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.) (Signed.)
It may be signed by the lessor or his agent. No notice is necessary when the term has expired.
The landlord may distrain any of the personal property of the tenant found in the county where the tenant resides, for rent due, at any time within six months after the expiration of the term for which the premises were leased. He also has a lien for his rent on the crops grown or growing on the demised premises. If the tenant abandons or removes from any part of the premises the landlord may seize upon any grain grown or growing upon the premises so abandoned, whether the rent is due or not, and sell the same to pay the rent. And if the landlord's lien is endangered by the tenant's removing crops he may distrain at once, whether the rent is due or not.
The following is a very good form for a lease of a farm and buildings :
THIS INDENTURE, made this-day of- A. D., 18 -. Between -party of the first part, and. - -party of the second part.
WITNESSETH, that the party of the first part, in consideration of the covenants of the party of the second part hereinafter set forth do-by these Presents lease to the
.
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GENERAL HISTORY OF ILLINOIS.
party of the second part the following described property to wit. :
in the county of -- and State of-
TO HAVE AND TO HOLD the same to the party of the second part, from the- day of- 18-, to the-day of- .18 And the party of the second part, in consideration of the leasing the premises as above set forth, covenants and agrees with the party of the first part to pay the party of the first part, as rent for the same, the sum of - -dollars payable, as follows, to wit. :
And the party of the second part covenants with the party of the first part, that at the expiration of the term of this lease-he-will yield up the premises to the party of the first part, without further notice, in as good condition as when the same were en- tered upon by the party of the second part, loss by fire or inevitable accident and ordi- nary wear excepted.
It is further agreed by the party of the second part, that he will not underlet said premises, or any part thereof, or assign this lease without the written assent of the party of the first part first had thereto. And if default be made in any of the covenants or agreements herein contained, to be kept by the party of the second part, it shall be law- ful for the party of the first part, either with or without process of law to re-enter into and upon said premises, or any part thereof, and repossess the same at the election of the party of the first part, and after any such default shall be made the party of the second part shall be deemed guilty of a forcible detainer of said premises under the statute.
The covenants and agreements herein contained shall extend to and be binding upon the heirs, assigns, executors and administrators of the parties to this lease.
WITNESS the hands and seals of the parties aforesaid.
[SEAL. ] [SEAL. ]
Any other covenants may be inserted which the parties consider necessary. This is also a good form for a lease of a house and lot.
LABORER'S AND MECHANIC'S LIEN.
The statute creates a lien for services rendered or material furnished in building, altering or repairing any building or appurtenances thereto, or upon any street or alley connected with such building or appurtenance, upon the interest of the person for whom the labor or services were performed or materials furnished, in the whole tract or lot of land and in the house or building and appurtenance, for the amount due, provided, the time stipulated for the completion of the work or furnishing materials is not more than three years from the commencement thereof and the time of payment more than one year from the time stipulated for the completion thereof, where the contract is expressed, and provided the work is done or material furnished within one year from the commencement of the work or delivery of material, where the contract is implied. This lien takes pre- cedenee on the building erected and materials furnished over all ineumbrances.
To make his lien good, the person furnishing labor or materials to the original con- tractor should cause a notice in writing to be served on the owner or his agent substan- tially as follows:
You are hereby notified that I have been employed by - to (here insert whether to labor or furnish materials and substantially the nature of the under- taking or demand) upon your (here state the building and where situated in general terms) ; and that I shall hold the (building or as the case may be) and your interest in the ground linble for the amount that (is or may become) due me on account thereof. (Date).
(Signature)-
If there is a written contract, a copy should be attached if it can be obtained. The notice should be served forty days before completion of sub-contract, or within forty
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GENERAL HISTORY OF ILLINOIS.
days after payment should have been made for labor or materials. Persons keeping, pasturing, feeding or yarding domestic animals have a lien on them for their proper charges. There is also a lien upon horses, carriages and harnesses for proper charges for keeping thereof or expenses bestowed thereon at the request of the owner.
JURISDICTION OF COURTS.
Justices of the Peace have jurisdiction in their respective counties, when the amount claimed does not exceed $200, in the following cases :
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