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 36
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In all actions for the recovery of money only, and in all cases where the action of debt or assumpsit lies. In proceeding by attachment and garnishment. In actions to recover damages for providing for any intoxicated person, and for damages resulting from the intoxication of such person ; and for damages to real property, and for taking, detain- ing, or injuring personal property, or for fraud in the purchase, exchange, or sale of per- sonal property. In actions for rent and distress for rent. In actions against railroad companies for killing or injuring stock, and for loss or injury to baggage or freight, and for damage to property by setting fire to the same by their engines or otherwise.
They have jurisdiction in actions of forcible entry and detainer without regard to the value of the property, and of replevin when the value of the property claimed does not exceed $200, and in proceedings under the drainage act, when the cost of the proposed drain, ditch, levee, or other work will not exceed $5,000, and will not extend through or into more than three congressional townships, and in cases for the violation of ordinances of cities, towns, and villages, and to cause Texas or Cherokee cattle to be impounded and prevent their spreading disease among native cattle, and in actions for damages for injury caused to domestic animals by dogs when the damages do not exceed $100, and of actions for failure to pay dog tax, and in all cases of misdemeanors, or when the punish- ment is by fine only and does not exceed a fine of $200, and in all cases of assault and battery, and affrays, and of proceedings to punish vagabonds.
The jurisdiction of Police Magistrates is made uniform with that of Justices of the Peace by the Constitution of this State.
County Courts have original jurisdiction in all matters of probate ; settlement of estates of deceased persons ; appointment of guardians and conservators, and settlement of their accounts ; in all matters relating to apprentices ; in proceedings by executors, administrators, guardians, and conservators for the sale of real estate ; in proceedings for the collection of taxes and assessments ; in all applications for discharge from imprison- ment ; under the provisions of the act concerning insolvent debtors; in proceedings had under the act relating to voluntary assignments ; in proceedings relating to idiots, luna- tics and drunkards ; in trials of right of property when personal property is seized under an execution or a writ of attachment by any sheriff or coroner ; and in proceedings under the drainage act.
They also have concurrent jurisdiction with Circuit Courts in all that class of cases where justices of the peace now have or may hereafter have jurisdiction, where the amount claimed or the value of the property in controversy shall not exceed $1,000; and in all cases of appeals from justices of the peace and police magistrates; and in all criminal offences and misdemeanors, where the punishment is not imprisonment in the penitentiary or death.
Circuit Courts have jurisdiction of all causes in law and equity, and appellate juris- diction of cases appealed from justices of the peace, police magistrates and county judge, when sitting as a justice of the peace; and from judgments, orders and decrees of county courts in all matters, except in proceedings for the sale of lands for taxes and special assessments ; and in all common law and attachment cases ; and in cases of forcible de- tainer, and forcible entry and detainer.
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GENERAL HISTORY OF ILLINOIS.
LIMITATIONS OF ACTIONS.
Actions for the recovery of lands must generally be brought within twenty years after the right to bring such action accrued.
If any person is possessed of the lands by actual residence for seven successive years, having a connected title deducible of record from this State or the United States, or from any officer anthorized by the laws of this State to sell the land for taxes, or on execution or under any order, judgment or decree of any court of record, the action must be brought against him within seven years from the time he took possession, or from the time of acquiring such title, if it was acquired after he obtained possession.
Possession under color of title, accompanied with payment of taxes, will contitutes a good title to land, but if the land is unoccupied and vacant, color of title and payment of taxes alone will constitute a good title.
There are some exceptions to these rules in favor of the United States, this State, schools, seminaries, religious societies and lands held for any publie purpose and in favor of persons under twenty-one years of age, insane, imprisoned, femme covert, out of the United States and in employment of United States where such person holds an adverse title.
Mortgages and trust deeds must be foreclosed within ten years after the right of ac- tion accrued.
Actions for libel and slander should be commenced within one year after the cause of action accrued, for damages for injury to the person, for false imprisonment, for ma- licious prosecution, for a statutory penalty, for abduction, for seduction, for criminal conversation within two years ; on unwritten contracts, on awards of arbitration, to re- cover damages for injury done to property, to recover possession of personal property or damages for the detention or conversion thereof, and all civil actions not otherwise pro- vided for, five years ; on bonds, promissory notes, bills of exchange, written leases, written contracts, or other evidences of indebtedness in writing, ten years, or ten years from the time of the last payment thereon or new promise to pay. The time the de- fendant is out of the State is deducted. Persons under disability may bring the action within two years after the disability is removed. If the cause of action arose in another State an action can not be maintained on it, here, after it is barred by the laws of such other State. Actions on judgments are barred after twenty years. Indictments for murder or manslaughter, arson or forgery, may be found at any time after the commis- sion of the crime, for other felonies generally within three years after the commission of the crime. Prosecutions for misdemeanors, and for fines and forfeitures under the penal statute must, generally, be commenced within eighteen months from the time of committing the offense or incurring the fine or forfeiture. The time when the party was not usually and publicly a resident of this State is not included.
SUBSCRIPTIONS.
Subscriptions to charitable or other enterprises are governed very much by the laws relating to written contracts. It is sometimes held that where several voluntary sub- scriptions are made for any charitable purpose, that one subscription is the consideration for another, and that all are binding. However this may be, if a voluntary subscription is made to the erection of a church or other charitable object, und before the subserip- tion is withdrawn, advances are made or expenses or liabilities are incurred on the strength of the subscription, it will be held obligatory. A subscription to the capital stock of a chartered company or corporation, made in accordance with its by-laws nud the statute, is binding. A subscription to a book, map, etc., is governed by the terms of the subscription itself ; and the subscriber should carefully observe whether all the conditions on which he subscribes are inserted in the document he signs.
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GENERAL HISTORY OF ILLINOIS.
MARRIED WOMEN.
A married woman may own real and personal property and sell and convey the same to the same extent and in the same manner that her husband can property belonging to him. She may receive, use and possess her own earnings, and sue for them in her own name free from his, or his creditor's interference. Neither she nor her earnings or pro- perty is liable for his separate debts, contracted either before or after marriage. If one of them transfers goods or chattels to the other, the conveyance should be in writing, and acknowledged and recorded in the same manner as chattel mortgages are required to be acknowledged and recorded when the possession of the property remains with the mortgagor. She may sue and be sued without joining her husband with her in all cases. If they are sued jointly, they may defend jointly or separately, and if one neglects to defend, the other may defend for such one also. Neither is responsible for the civil injur- ies committed by the other. Both are liable for the expenses of the family and education of the children. She may constitute him her agent to transact her business, but neither is entitled to any compensation for services rendered the other. She has a dower interest in his real estate. If either husband or wife abandons the other, and is absent from the State for one year, without providing for the support of the family, or is imprisoned in the penitentiary, a court of record may, upon application, authorize the one so abandoned to manage, control, sell and incumber the property of the other as may be necessary for the support of the family, or payment of debts contracted for the support of the family or the debts of the other.
ADOPTION OF CHILDREN.
Children may be adopted with the consent of their parents or in cases where their parents have deserted them for one year, by a resident of this State, by petitioning to the County or Circuit Court for that purpose. If the child is 14 years of age or more, its consent must be had. Its name may be changed if desired, in the proceedings for adop- tion. The parents of an adopted child have no legal rights as respects it, and it is freed from all obligations of maintainance of or obedience to such parents.
Adopted children inherit from their adopted parents, but they can not take property limited to the heirs of the bodies of such parents, or property from the lineal or collateral kindred of such parents by right of representation. The parents by adoption and their heirs, inherit from their adopted children, but they do not inherit any property which such child may take hy gift, devise, bequest or descent from its kindred by blood.
ESTRAYS.
Horses, mules, asses, neat cattle, swine, sheep or goats straying, at any time, in counties where such animals are not allowed to run at large, and between the last day of October and the 15th of April, in other counties are estravs. A householder may take up an estray found upon or about his farm, or place of residence. Whoever takes one up or has one upon his enclosed premises, should within five days, thereafter, post notices in three of the most public places of the town or precinct, where the estray was found, giving the residence of the taker up and a particular description of the estray. and stating before what Justice of the Peace in that town, and at what time, not less than ten nor more than fifteen days from the time of posting the notices, he will have the estray appraised ; and he should within the same time deliver a copy of the notice to the Town Clerk to be entered on the Town Estray Book. If the owner does not appear, prove property and pay expenses on the day named in the notice, the Justice must ap- point three householders to appraise the estray under oath. The appraisers, must, in their return, certify the age, color and marks, natural and artificial of the estrav. If the value of the estrays exceeds $20, the Justice should within ten days after the return of
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GENERAL HISTORY OF ILLINOIS
the appraisement, send to the County Clerk, to be entered in the estray book, a certifi- cate substantially as follows :
Taken up on the-day of -- 18- by - at - the following described estray (description of estray and appraised value. ) Dated this -- day of-18. N. L., Justice of the Peace.
The County Clerk will have a copy of the certificate published in a newspaper of the county for three weeks, and copies posted up in three public places in the county, and if the estray is a horse, mule or ass, he will send a copy to be published in a news- paper in Springfield, designated by the Governor, and the editor of the paper will transmit a copy of the paper containing the notice to every County Clerk in the State to be preserved for the examination of all concerned.
If the estray is a horse, mule, ass or head of neat cattle, and is not claimed within a year, or if it is a swine, sheep, goat, and is not claimed by the owner within three months and charges and expenses paid, upon that fact being made known to the Justice, he will sell the same at public vendue, after having given twenty days publie notice. Whatever proceeds of the sale remain after paying all expenses, the owner may have within three years ; after the expiration of that time the surplus goes to the County Treasurer. Whoever takes up an estray, except in accordance with the statute, must pay ten dollars and costs for the use of the county.
MARKS AND BRANDS.
Every person in this State having stock may have an ear mark and brand different from those of his neighbors ; and have the same recorded by the County Clerk of the county where the stock is kept. When any dispute arises in regard to the mark or brand, the County Clerk's record will be prima facie proof.
Any person purchasing stock may mark the same with his brand or mark in the presence of one or more of his neighbors, who may certify to the marking or branding being done, when done and how done and what the previous marks were. Such certifi- cate will be prima facie proof of the facts therein stated.
MILLERS.
Private property may be condemned for the purpose of building or repairing any grist mill, saw mill or other public mill and machinery, or to erect, repair or increase the height of any dam to supply water for any such mill or machinery.
The grain brought to a public mill must be ground as well as the rature and condi- tion of the mill will permit, and in due turn as the same shall be brought ; and if there is any neglect in these respects, or if the miller takes too much toll, he shall pay the sum of $5 to the party injured.
The toll for grinding and bolting wheat, rye or other grains is one-eighth part; for grinding Indian corn, oats, barley, buckwheat or other grains not required to be bolted, one-seventh part ; for grinding malt and chopping all kinds of grain, one-eighth part.
Millers must give punetnal attendance, keep accurate measures and assist in loading and unloading the grain brought to be ground. £ They are responsible for the grain brought to them to grind and for the bags, etc., containing the same; but the bags should be distinctly marked with the initials of the owner's name.
ROADS,
It is the duty of the commissioners of highways to cunse roads and bridges to be built. repaired, established, altered or vacated ; to have all roads not sufficiently described, or which have been used for twenty years, ascertained, described, and recorded in the town clerk's office ; to divide the towns into road districts, and assign to them such inhabitants ns nre liable to work on the ronds, and require the overseers of highways to warn such
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GENERAL HISTORY OF ILLINOIS.
inhabitants to come and work on the roads; to purchase for the use of highways and take proper care of, tools, implements and machinery ; to cause guide boards to be erected at suitable places ; to prevent noxious weeds from seeding, and the growth of vegetation from becoming rank in the highways; and in their discretion, to construct wells and other conveniences for public use and for watering teams ; to choose one of their number treasurer, at their first meeting after the annual town meeting; to render to the board of town auditors, at their annual meeting, an account of the labor assessed and performed, of all moneys received, of improvements necessary to be made on roads and bridges, and an estimate of the probable expense of making the improvements, beyond what the labor to be assessed in that year and road tax will accomplish ; of all expenses and damages in consequence of laying out, altering and discontinuing roads; of the manner in which all sums have been paid out and expended, to whom paid and on what account. If any tool or implement proposed to be purchased will cost more than $200, the propriety of pur- chasing it should be submitted to the voters of the town at the annual town meeting. The commissioners meet on the second Tuesday after the annual town meeting, at the town clerk's office, and afterwards at such times and places as they think proper. They should keep a record of their proceedings at all meetings. They ascertain, estimate, and assess the road labor and road tax to be performed and paid in their town in the next en- suing year. All able-bodied men, between the ages of twenty-one and fifty, except such as are exempt by law, are required to work on the roads not less than one nor more than three days in every year. Road taxes may be paid in labor on the highways.
At the annual town meeting an overseer of highways should be chosen for every road district in the town. It is their duty to repair and keep the highways in order ; to warn persons from whom road labor is due to work on the highways, at such time and places in the district as they may think proper ; to collect fines and commutation money and execute all lawful orders of the commissioners, and to deliver to the town clerk with- in ten days after their election or appointment, a list of all the men in the district liable to work on highways. Any one can commute for his road labor at one dollar per day, to be paid within three days after he is notified to work on the highways. The overseers should give three days' notice to persons assessed to work on highways of the time and place they are to appear for that purpose, and with what implements. A day's work consists of eight hours. Every one appearing who does not work faithfully, forfeits to the town $2 for every offense. The forfeiture for neither commuting or working is $2 for each day's neglect ; for omitting to furnish a pair of horses or oxen, $1.50 for each day ; for omitting to furnish a man to manage the team, $2 per day, or a cart, plow or wagon, 75 cents for each day. The overseer should make complaint to some justice of the peace within six days after any person is guilty of any such refusal or neglect. The overseer should also give three days' notice to persons against whom a land or personal tax is as- sessed of the time and place to pay the road taxes in labor, and what implements they are required to furnish. Any person appearing should be credited on his road tax $1.25 for every day of eight hours he actually works, 25 cents per day for every wagon or plow, $1 a day for each yoke of oxen, $1.25 a day for each span of horses or mules, which he furnishes, agreeably to the requirements of the overseer. The arrearages of road taxes are collected in the same manner that other taxes of the county are levied and collected. The legal voters of any township in counties under township organization, may, by a majority vote, at their annual town meeting, provide that thereafter the road tax assessed by the commissioners of highways shall be collected in money alone. Persons occupying land on both sides of the highway are entitled to make a crossing under the highway, by keeping up the crossing and the bridge over it at his own expense, the construction being subject to the consent and approval of the commissioners of highways of the towns.
The commissioners of highways may alter, widen or vacate any road, or lay out any new road in their towns when petitioned by not less than twelve free-holders residing in
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GENERAL HISTORY OF ILLINOIS.
the town and within three miles of the road to be altered, widened, vacated or laid out. For the manner of proceeding in such cases reference should be had to the statute, and also for the manner of dividing, allotting and keeping in repair town lines, and of con- structing and repairing bridges.
FENCES.
The town assessor and commissioners of highways are ex officio fence viewers in their respective towns, in counties under township organization. Lawful fences are four and one-half feet high, in good repair and consist of rails, timber, boards, stone, hedges or whatever the fence viewers of the town shall consider equivalent thereto ; or the electors may determine, at the annual town meeting, what shall constitute a legal fence in the town. Adjoining owners must maintain a fair proportion of the division fence, unless one of them chooses to let his lands lie open ; and if they built the fenee by mutual agreement. neither may remove his part of the fence while he uses his land for farm pur- poses or until he has given the other party one year's notice in writing of his intention to move the fence. When an adjoining owner encloses his land upon the enclosure of another. he must immediately build his proportion of the division fenee or refund to the other a just proportion of the value of the fence, to be determined by the fence viewers of the town. If any one negleets to repair or build the part of the fence he ought to maintain, the fence viewers, on complaint to them, and after examining the fence, will notify him to build or repair the same in a reasonable time. If adjoining owners can not agree on the portion of the division fence to be made or maintained by either, each may choose a fence viewer of the town or precinct, and if one negleets, after eight days' notice in writing, to make such choice, the other may select both fence viewers ; and the fence viewers, so chosen, should settle the dispute and distinctly mark and define the proportion of the fence to be made or maintained by each. And if one negleets to re- pair or build the portion of the fence which it is his duty to maintain it may be built or repaired at his expense by the party injured, after giving sixty days' notice in writing that a new fence should be erected or ten days' notice that the fence should be repaired. And the party neglecting will be liable for all damages that accrue through his neglect. the amount to be determined by two fence viewers, selected in the manner aforesaid. When the fenee is destroyed by fire, floods or other casualty, the party bound to repair the fence must rebuild it within ten days after notified! to do so by any person inter- ested, and if he neglects to do so it may be repaired at his expense by the other party, Any one wishing to have his lands lie open may remove his portion of the fence after giving the other party one year's notice, in writing, of his intention to do so, unless the adjoining owner causes the value of the fence to be ascertained by the fence viewers and pay or tender the same to such owner. Whoever removes such a fence without notice must make good all the damages sustained thereby.
If a person finds on running a division line that he built his fence on another's land by mistake, he may remove the fence within six months after the line was run ; but it can not be removed at a time that would expose the crops of another. In such a case it may be removed after they are secured, and within a reasonable time, although the six months have passed. If any domestic animal breaks into an inclosure through a good and sufficient fence, the owner of the animal is liable in an action of trespass for all damage done. This does not require such a fence in order to recover for injuries done by animals running at large contrary to law. The owner of lands may take into posses- sion any domestic animals trespassing upon his premises, and keep them until his damages and reasonable charges for keeping und feeding and costs of suit are paid ; pro- vided he gives notice to the owner thereof within twenty-four hours after taking the animals into his possession ; if the owner is unknown, he should post notices in some public place near the premises.
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GENERAL HISTORY OF ILLINOIS.
PAUPERS.
Poor people, unable to earn a living in consequence of any bodily infirmity, idiocy, lunacy or other unavoidable cause, must be supported by their relatives, if of sufficient ability, and the obligation rests first, upon the children ; next, upon the parents ; next, upon the brothers and sisters; next, upon the grandchildren ; and lastly, upon the grand- parents. But, if any one becomes a pauper from intemperance or other bad conduct, he is not entitled to support from any relation, except parent or child. If relatives liable to support a pauper fail to do so, it is the duty of the State's attorney or of the overseer of the poor to complain of them to the County Court and have them prosecuted. If rel- atives of one degree can not support such poor person, the court may direct relatives of different degrees to maintain him. Every county must support its own poor. Every town, in counties where the poor are supported by towns, must support its own poor. Whoever brings a pauper into a county where he is not lawfully settled, knowing him to be a pauper, forfeits $100 for every offense. The overseers of the poor have the care of paupers not supported by their relatives or at the county poor house, and should see that they are suitably relieved, supported and employed, and they may render poor people, who do not require to be wholly supported by the county, temporary relief. When the county has provided a suitable poor house, paupers requiring the care of the county must be supported there. Paupers can only vote in the precinct where they resided next prior to becoming an inmate of the poor house, insane asylum or hospital.
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