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 37

Author: Johnson & co., Chicago, pub
Publication date: 1880
Publisher: Chicago : Johnson & Company
Number of Pages: 932

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 37

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DRAINAGE.

There are two drainage acts in force in this State, the first approved and in force May 29, 1879, and the second approved May 29, 1879, and in force July 1, 1879. They are not intended to conflict with each other; either may be followed.

The first provides that drainage districts may be organized and established on peti- tion of a majority of the owners of the land in the proposed district and who own one- third of it, for the purpose of constructing drains. ditches, levees or other works for agricultural, sanitary or mining purposes, or to maintain and keep in repair any such works already constructed. If the court is satisfied of the necessity of the work, it appoints three disinterested persons as commissioners to lay out and construct such pro- posed work. If the lands are situated in different counties, not more than two commis- sioners shall be chosen from one county. A majority of the commissioners may act. They should examine land proposed to be drained or protected, and the lands on which the work is to be constructed, and determine the best location for the work, its probable cost, the annual cost of keeping it in repair, what lands will be injured thereby and what damage they will sustain, what lands will benefited and how much, and whether the benefits will equal or exceed the cost of the work, including incidental expenses. If the petition is for the maintenance of a work already constructed, the commissioners should determine whether the work, with proper repairs, can be made sufficient to permanently protect the lands from water, the annual expense of keeping up repairs, what lands will be benefited, whether the annual amount of benefits will equal or exceed the annual cost of repairs, including incidental expenses, and what lands, if any, outside of the proposed district, will be affected by the work. If the outlay for the proposed work, or so much of it as will be satisfactory to the petitioners, does not exceed the benefits, the work will be carried out. In that case, the commissioners will make proper surveys, profiles, plans and specifications, and report the same to the court. Any one interested may object to the report. Upon the confirmation of the report by the court, the district is organized as a drainage district by the name mentioned in the petition, and it becomes a body politic and corporate, with the right to sue and be sued, and to have a corporate seal and per- petual succession. And the said commissioners and their successors shall constitute the

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corporate authorities of such drainage district. A jury is then empannelled to assess damages and benefits. The jury, after viewing the land and making assessments, an- points a time to hear objections to their assessment. The assessment, when found cor- rect, or after being corrected on the hearing, is confirmed by the jury and handed to the commissioners, who return it within ten days to the court where the petition was filed. The assessment is set down for a hearing at a regular term of the court. objections heard, and the assessment confirmed. If the court finds the assessments erroneous, it will correct it before confirming it. After the organization of the drainage district, the commissioners have power to contract and be contracted with. sue and be sued, plead and be impleaded, and to do all other things in the corporate name necessary to accom- plish the purposes of the drainage act. They colleet the assessments and return a list of delinquents to the County Collector to be collected as other taxes. They must report to the court which appointed them once a year. After their appointment, they may go upon the lands in the district for the purpose of examining them and making plans. plates and surveys. And after the organization of the district and payment or tender of com- pensation allowed, they may go upon the land with their workmen and construct the work; and may forever after enter upon the land for the purpose of maintaining or repairing the work.

The commissioners of highways also have power to locate and establish drains to be built and kept up at the cost of the parties petitioning therefor, and for this purpose highway commissioners are drainage commissioners within their respective districts. When any owner or owners of lands desire to construct a drain. or permanently establish a drain already constructed, leading over or upon the land of another person who will not consent to the establishing of the proposed drain, they should petition the commis- sioner of highways for that purpose. Upon receiving the petition the commissioner will appoint a time to examine the location of the drain and hear reasons for or against the proposed improvement. They may decide to approve the drain as prayed for in the peti- tion, or to approve it with some changes, and then return to the town clerk their decision and their order locating or establishing the drain. If the petitioners then desire to con- struct the drain as established, they should within a year file with any justice of the peace of the town a copy of the record from the town clerk's office, and also an affidavit setting forth the names of the owners of the land and the lands over which the proposed drain is to run, and the justice will empannel a jury to assess the damages to such lands. and upon payment of the damages assessed the petitioners have the right to enter upon the lands for the purpose of constructing the work, and forever after, at all times and seasons, for the purpose of repairing, cleansing, opening, or deepening the said drain.

The drainage aet approved May 29, 1879, and in foree July 1, 1879, provides that the commissioners of highways in counties under township organization shall be drainage commissioners in and for their respective townships, and as such shall be a body politic and corporate, and be the corporate authorities of all drainage districts within their townships. The town elerk is their elerk. Their anties are very similar to the duties of drainage commissioners as provided for in the previous act, and the mode provided for organizing drainage districts and establishing, constructing, maintaining, and repairing drains, ditches and levees, is very similar to that prescribed in the preceding act.

If the proposed drainage district lies in two counties the petition should be filed in the office of the elerk of that board of commissioners in whose jurisdiction the greater part of the lands lie. If a district is organized both boards of commissioners will consti- tute the drainage commissioners. Proceedings for condemnation of right of way and as- sessment of damages must be had in the county where the lands affected are situated.

Special drainage districts may be formed on petition of a majority of the owners of the land and owners of more than one-third in area of territory lying in more than two townships in the same or different counties under township organization, or lying partial-

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GENERAL HISTORY OF ILLINOIS.

ly in more than two townships in a county under township organization and partly in a county not under township organization, said petition to be filed in the office of the clerk of the county where the greater part of the land is situated. The further proceed- ings for the organization of special drainage districts conforms to the requirements of the act in relation to regular drainage districts. After the organization of the special drain- age district the drainage commissioners are elected by the inhabitants of the district. The commissioners should then proceed to locate the drains, procure the right of way, institute proceedings therefor, and for assessment of damages and benefits, etc., and in all their proceedings they are governed by the provisions of the act relating to the powers and duties of drainage commissioners of townships.

SURVEYORS AND SURVEYS.

County surveyors may appoint deputies who may perform any of the duties of the office ; and any acts done by them are as valid as if done by the county surveyor. Chainmen and other persons must be employed by the person requiring the survey done. The chainmen must be disinterested, and approved of by the surveyor and sworn by him to measure justly and impartially. It is the surveyor's duty, either by himself or deputy, to make all surveys that he may be called upon to make, as soon as may be after application ; and he must make the surveys in accordance with the original surveys and the laws of the United States governing surveys. And when requested he must furnish the person for whom the survey is made with a copy of the original field notes or plat of the survey. He must keep a book for public inspection containing every survey made by him, the date of the survey, the name of the person whose land is surveyed, the metes and bounds of the land, and the date on which the survey is made. A certified copy of this book under the hand of the surveyor is prima facie evidence of the facts therein stated. No record or act of any surveyor or his deputy is conclusive, but may be received by any competent tribunal.

CHURCH ORGANIZATION.

Any church, society or congregation, formed for the purpose of religious worship, may become incorporated by electing or appointing, according to its usages, at a meeting held for that purpose, two of its members trustees, wardens, vestrymen or other officers whose powers and duties are similar to those of trustees; and at such meeting it may adopt a corporate name. The secretary or chairman of the meeting should file for record in the office of the recorder of deeds in the county where the church, society or congre- gation is organized an affidavit substantially in the following form :

STATE OF ILLINOIS,

COUNTY. { ss.

I, -, do solemnly swear, that at a meeting of the members of the (here insert the name of the church, society or congregation as known before incorporation) held at (here insert place of meeting) in the county of - and State of Illinois on the - day of - A. D. 18-, for that purpose, the following persons to wit : (here insert their names) were elected (or appointed) trustees, (or wardens, vestrymen or other officers) according to the rules and usages of such church (congregation or society). And said church (or society or congregation) adopted as its corporate name (here insert the name). And at said meeting this affiant acted as (chairman or secretary).

(Name of affiant).

Subscribed and sworn to before me this - day of A. D. 18 -.

Upon filing this affidavit, as aforesaid, the church, society or congregation becomes a body politic or corporate, by the name so adopted. The property of the old organiza- tion vests in the new corporation. It may acquire by gift, devise or purchase real estate not exceeding ten acres in quantity and erect suitable buildings thereon ; and for camp-

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GENERAL HISTORY OF ILLINOIS

meeting purposes it may acquire not exceeding forty acres and put such improvements thereon as may be necessary for its comfort and convenience. It may publish and cir- enlate religious books, tracts, etc. Existing societies may become organized under this act.

MISCELLANEOUS FORMS.

FORM OF AN ORDER.

To C. S.

Pay to the order of E. F. on demand, one hundred dollars. A. B. FORM OF RECEIPT. Peoria, Ill., Jan'y 1st. 1880.

$50.00 100

Received from C. D. fifty dollars to apply on account. A. B.

FORM OF BILL OF SALE OR PURCHASE.

Know all men by these presents, that of the town of

in the County of

-and State of

- in consideration of the sum of

- dollars, to - paid by the receipt whereof is hereby acknowledged,

do hereby grant and sell and convey unto the said -- and to - - heirs, executors, administrators and assigns, the following goods and chattels, to wit : To have and to hold the said goods and chattels unto the said - and -

heirs, executors, administrators and assigns, to - and their sole use, forever. And

the said

-, vendor, herein, for

and

heirs, executors, admin-

istrators and assigns, do hereby covenant to and with the said his heirs exe-

cutors, administrators and assigns, that said vendor lawfully possessed of the

said goods and chattels as of -own property, that the same are free from all in-

cumbrances, and that -- will, and - heirs, executors and administrators shall. warrant and defend the same, against the lawful claims and demands of all persons.

Witness the hand and seal of the vendor this - day of - A. D. 18 -. [SEAL.]

FORM OF ARTICLES OF AGREEMENT.

This agreement made this day of - -A. D. IS -between --- of the County of - in the State of -and -of the County of -and State of - Witnesseth :

That the said --- , for the consideration hereinafter mentioned, agrees to-

(here state what he agrees to do on his part), And in consideration.

whereof, the said - agrees to - (here insert his undertaking.)

In witness whereof said parties have hereto attached their hands. [SIGNATURES. ]

FORM OF AGREEMENT FOR SALE OF REAL ESTATE.

Articles of agreement entered into this - day of - A. D. 18 -, between A. B. - of the County of - in the State of- -and -C. D .- of the County of - in the State of

A. B. agrees to sell to C. D. the following described premises, to wit :

for the sum of- dollars to be paid as hereinafter stated, and on the - day of - A. D. 18-at -- to execute to C. D. a good and sufficient deed of conveyance. in fee simple, free from all incumbrances, with full covenants of warranty for the above de-

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GENERAL HISTORY OF ILLINOIS.

scribed premises, and upon the execution of said deed to put him into the quiet and peaceable possession of said premises.

And C. D. agrees that on the execution of said deed of conveyance and on said- day of - A. D. 18 - he will (here insert in what way C. D. agrees to pay the con- sideration, whether cash in hand, note secured by mortgage or how).

And said parties bind themselves each to the other, in the sum of dollars, which they hereby fix and liquidate as the amount of damages to be paid by the party failing to keep this contract, for his non-performance, to the other party.

The stipulations herein contained shall extend to and be binding upon the heirs, executors, administrators, and assigns of the parties hereto.

A. B. C. D.

FORM OF BOND

Know all men by these presents, that of the County of and State of - is held and firmly bound unto -- of the County of

and State of - ---- in the penal sum of - dollars, to be paid unto the said- - his heirs, executors, administrators or assigns to which payment well and truly to be made, I bind myself, my heirs, executors, administrators and every one of them firmly by these presents.

Sealed with my seal and dated this -day of A. D. 18- - The condition of the above obligation is such, that, whereas the above bounden-

has- (here insert what the principal in the bond is to do.) Now if the said - shall well and truly keep, observe and perform his covenants and agreements herein contained on his part to be kept and performed, then this obligation to be void, otherwise to remain in full force and effect.

[SEAL.]

FORM OF RELEASE.

Know all men by these presents, that -, of the County of -, and State of -, for and in consideration of one dollar, and for other good and valuable considerations, the receipt whereof is hereby acknowledged, does hereby grant, remise, release and quit-claim unto , of the County of , and State of

all the right, title, interest, claim and demand whatsoever may have acquired, in, through or by a certain - deed, bearing date the - day of -, A. D., 18-, and recorded in the recorder's office of - County, in book -, page - of - rec- ords, to the premises therein described, as follows, to-wit:

together with all the appurtenances and privileges thereunto belonging or appertaining. Witness - hand and seal this - day of - , A. D., 18 -. (Signature) [SEAL.]

GENERAL FORM OF WILL.

I, A. B. , of-, in the County of -- , and State of ---- , do make and declare this to be my last will and testament ; and I hereby revoke all former wills made by me.

First. I direct that my funeral expenses and all my just debts be fully paid.

Second. I give, devise and bequeath unto my beloved wife, - , in addi- tion to all dower interests which she may have in real estate, at any time, owned by me, one thousand dollars in money, to be paid her within one year after my decease.

Third. I give, devise and bequeath unto my beloved son, - -, the following described real estate, to-wit :

260

GENERAL HISTORY OF ILLINOIS.

Fourth. I give, devise and bequeath unto my beloved daughters, share and share alike. my home farm, described as follows, to-wit :

Fifth. All the residue of my property of every kind and description, I give and devise unto my said children, to be divided in equal parts between them.

Sixth. I hereby constitute and appoint my said wife. , and my said son, , executors of this will.

In witness whereof I, A. B., have hereunto set my hand and seal this - day of . A. D .. 18 -. A. B. [SEAL.]

Signed, sealed, published and deelared by the said A. B. as and for his last will and testament in the presence of us, who, in his presence, and in the presence of each other, and at his request, have subscribed our name's as witnesses thereto.

J. G. ) State here residence R. S. ( of each witness.

FORM OF CODICIL.

Whereas, I, A. B., of the County of . and State of -- , did make my last will in writing, bearing date the - day of -, 18-, and did thereby provide (here insert the provision proposed to be changed).

Now, instead of said provision, I give, devise and bequeath to, etc.

And I declare this to be a codieil to my said last will and testament.

In witness whereof I, A. B., have hereunto set my hand and seal this - day of -, A. D., 18 -. A. B. [SEAL.]

Signed, sealed, published and declared by the said A. B., as and for a eodieil to his last will and testament in the presence of us, who, in his presence, and in the presence of each other, and at his request, have subscribed our names as witnesses thereto.

M. P. ) Here state residence W. H. § of each witness.

PART III.

HISTORY OF PEORIA COUNTY.

PROLOGUE.

Less than three-quarters of a century ago, the territory included in Peoria county was a wilderness, to the interior of which no white man had ever penetrated. From a savage wild, marked only by the Indian villages and traces of the bloody conflicts of their tribes, the histories of which were recorded on rude, unspeaking tablets of stone or in dumb mounds of earth, the wilderness has become a center of civilization-the home and school of soldiers, statesmen, scientists, learned judges, eloquent ministers, dis- tinguished orators-men known and honored, not only at home, but among the titled dignitaries of the old world. Schools, colleges, churches and busy manufactories, highly cultivated and princely farms and farm houses, mark the camping places and battle grounds of the wild red men who once held dominion over these prairie plains, forest- covered hills and picturesque valleys. Cities, towns and villages occupy the places once dotted over with Indian wigwams. Great iron bridges, triumphs of engineering skill, span the rivers where once bark canoes served as ferries for the wild men, their women and children. The stillness of morning hours, once awakened by the guttural tones of savage hordes, is now broken by the music of steam-driven printing presses, from which a daily epitome of the world's history is issued with the rising of every sun. Railroad and telegraph lines, adjuncts and agencies of the highest type of civilization and intelligence, mark the courses of the trails the Indians made from village to village, from forest to stream, or "over the hills and far away."

Of the land-marks of the " long ago," but few are left as the children of the forest and prairie wilds left them, when white men despoiled them of their possessions, and drove them to other homes and hunting grounds.

There are a few person still living in Peoria county who witnessed the sight of a remnant of a race of men departing forever from their early homes, and some of them, as well as some of the younger generation, will, no doubt, be disposed to sneer at the pen which finds a source of melancholy in the contemptation of such an event. But great minds have suggested, and worthy hands have written lines of living power upon this theme; nor can the harsh character of fact denude the subject of a glamor which poetry and romance have cast around the dusky victim and his fate. There is a grandeur in the record of the race which the stern force of truth is powerless to dispel.

As a State Illinois dates from the 3d day of December, 1818-sixty-one years ago in December of 1879. The permanent settlement of the territory included in Peoria county commenced in the Spring of 1819-a little more than sixty years ago, at the time of this writing (Sept. 1879), so that the admission of Illinois as a State and the settlement of Peoria county by Americans, date from almost the same time.

These sixty years have been full of change and of history. The early history of the Territory and of the State has been as elaborately followed as the compass of a volume

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HISTORY OF PEORIA COUNTY

of this character will permit, and we come now to the local history of the county. Fortunately for the purposes of this undertaking, some of the first settlers are still liv- ing, to guide our thoughts from the very first to the present. Besides venerable and worthy JOSIAH FULTON, there are still others of the pioneers and early settlers who are within accessible range of the writer. so that he hopes this part of his offering will be accurate and complete in every detail.

If a reliable history of the county is ever written, it must be written while those who are a part of that history are still living. One by one they are passing away, and it will not be long until there will be none left to assist in gathering up the fragments of history that lie scattered along the course of six decades. " If we had realized, in those early days," remarked one of the these pioneers to the writer, " that we were making history, a detailed record of events would have been transeripted from week to week. But what incentive had we for such a task ? There were no startling ineidents in our daily lives. Many of us came here supposing this would only be a temporary abiding- place. It was a struggle for existenee. For one of us to have predicted the develop- ment of the country to its present condition within the lifetime of any of the settlers from 1820 to 1830, or even later, would have been ample ground for writing him down as either a silly dreamer or a positive lunatic. We began on so small a scale that the idea of preserving our movements in the form of a record never entered our minds. Had we the same experience to go through with again. we would profit by our mistakes and negligences of the past, and be able to produce reliable data for the historians who would come after us."

The history of a county is usually little more than the compilation of imperfeet records, partial traditions and vague legends. Very few of the counties have preserved, with proper care, the archives of the earliest days of their existence. As a rule. society was crude, and men were unsuited by inexperience to places of official responsibility. No one thought the careless transcripts of primary meetings would one day form the staple of history. The duty of seribe was irksome to most of the pioneers, when necessity com- pelled some written evidence of organizing transactions ; and short and incomplete were the minutes of almost every public assembly.

History is but a record of to-day, when time's leaf shall have been turned over for to-morrow's writing. Each act in one's life may be a topic of importance in the pages yet to be written. Nothing is too trivial or uninteresting in the routine of affairs of those who mingle with publie men, to be unworthy of a place in the diary of the local reeorder of events. Some minor matter may serve to corroborate and affirm the time and method of a far greater veeurrenee.

Brief, indeed, were the days between the era of savagery and the era of civilization. But, short as it may seem, the intervening period of time was sufficient for the sowing of seeds which ripened into the fulness of a plentiful harvest. The hand of intelligent man was laid upon this region but yesterday as it were; to-day, one beholds the finest nnd best tilled farms, the richest orchards, the most substantial buildings, and the newest im- plements of husbandry the ingenuity of man has devised.

Where once the fierce blasts of Winter howled with increasing velocity over unob- structed plains, thick groves of timber now stands as barriers between man and the elements, in silent protest against their forces. Modern inventive genius has found a way to meet the requirements for fences. The mines of coal that underlie nearly every foot of the county afford an inexhaustible supply of fuel, so that the timber groves are prized more for the sake of their protective qualities than for the intrinsic worth of their produets. Where once the single camp fire of the lonely hunter wreathed its slender spire of smoke as he reposed, solitary and silent. near the haunts of the deer, now ascend the choking fumes of many furnaces, as they glow and roar in the busy centers of manu- facture.

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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 37

Author: Johnson & co., Chicago, pub Publication date: 1880 Publisher: Chicago : Johnson & Company Number of Pages: 932

Author: Johnson & co., Chicago, pub
Publication date: 1880
Publisher: Chicago : Johnson & Company
Number of Pages: 932