USA > Illinois > DeKalb County > The voters and tax-payers of De Kalb County, Illinois; containing, also, a biographical directory a history of the county and state, map of the county, a business directory, an abstract of every-day laws > Part 5
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Fourth. When there is a widow or surviving husband, and also a child or children, or descendants of such child or children of the intestate, the widow or surviving husband shall receive as his or her absolute personal estate, one-third of all the personal estate of the intestate.
Fifth. If there is no child of the intestate, or descendant of such child, and no parent, brother or sister, or descendant of such parent, brother or sister, and no widow or surviving husband, then such estate shall descend in equal parts to the next of kin to the intestate, in equal degree (computing by the rules of the civil law), and there shall be no representation among collaterals, except with the descendants of broth- ers and sisters of the intestate ; and in no case shall there be any distinc- tion between the kindred of the whole and the half blood.
Sixth, If any intestate leaves a widow or surviving husband and no kindred, his or her estate shall descend to such widow or surviving husband.
WILLS AND ESTATES OF DECEASED PERSONS.
No exact form of words are necessary in order to make a will good at law. Every male person of the age of twenty-one years, and every female of the age of eighteen years, of sound mind and memory, can make a valid will; it must be in writing, signed by the testator or by some one in his or her presence and by his or her direction, and attested by two or more credible witnesses. Care should be taken that the witnesses are not inter- ested in the will. Persons knowing themselves to have been named in the will or appointed executor, must within thirty days of the death of deceased cause the will to be proved and recorded in the proper county, or present it, and refuse to accept ; on failure to do so are liable to forfeit the sum of twenty dollars per month. Inventory to be made by executor or administrator within three months from date of letters testamentary or
47
ABSTRACT OF ILLINOIS STATE LAWS.
of administration. Executors' and administrators' compensation not to exceed six per cent. on amount of personal estate, and three per cent. on money realized from real estate, with such additional allowance as shall be reasonable for extra services. Appraisers' compensation $2 per day.
Notice requiring all claims to be presented against the estate shall be given by the executor or administrator within six months of being quali- fied. Any person having a claim and not presenting it at the time fixed by said notice is required to have summons issued notifying the executor or administrator of his having filed his claim in court ; in such cases the costs have to be paid by the claimant. Claims should be filed within two years from the time administration is granted on an estate, as after that time they are forever barred, unless other estate is found that was not in- ventoried. Married women, infants, persons insane, imprisoned or without the United States, in the employment of the United States, or of this State, have two years after their disabilities are removed to file claims.
Claims are classified and paid out of the estate in the following manner : First. Funeral expenses.
Second. The widow's award, if there is a widow ; or children if there are children, and no widow.
Third. Expenses attending the last illness, not including physician's bill.
Fourth. Debts due the common school or township fund.
Fifth. All expenses of proving the will and taking out letters testa- mentary or administration, and settlement of the estate, and the physi- cian's bill in the last illness of deceased.
Sixth. Where the deceased has received money in trust for any pur- pose, his executor or administrator shall pay out of his estate the amount received and not accounted for.
Seventh. All other debts and demands of whatsoever kind, without regard to quality or dignity, which shall be exhibited to the court within two years from the granting of letters.
Award to Widow and Children, exclusive of debts and legacies or be- quests, except funeral expenses :
First. The family pictures and wearing apparel, jewels and ornaments of herself and minor children.
Second. School books and the family library of the value of $100.
Third. One sewing machine.
Fourth. Necessary beds, bedsteads and bedding for herself and family.
Fifth. The stoves and pipe used in the family, with the necessary cooking utensils, or in case they have none, $50 in money.
Sirth. Household and kitchen furniture to the value of $100.
Seventh. One milch cow and calf for every four members of her family.
48
ABSTRACT OF ILLINOIS STATE LAWS.
Eighth. Two sheep for each member of her family, and the fleeces taken from the same, and one horse, saddle and bridle.
Ninth. Provisions for herself and family for one year.
Tenth. Food for the stock above specified for six months.
Eleventh. Fuel for herself and family for three months.
Twelfth. One hundred dollars worth of other property suited to her condition in life, to be selected by the widow.
The widow if she elects may have in lieu of the said award, the same personal property or money in place thereof as is or may be exempt from execution or attachment against the head of a family.
TAXES.
The owners of real and personal property, on the first day of May in each year, are liable for the taxes thereon.
Assessments should be completed before the fourth Monday in June, at which time the town board of review meets to examine assessments, hear objections, and make such changes as ought to be made. The county board have also power to correct or change assessments.
The tax books are placed in the hands of the town collector on or before the tenth day of December, who retains them until the tenth day of March following, when he is required to return them to the county treasurer, who then collects all delinquent taxes.
No costs accrue on real estate taxes till advertised, which takes place the first day of April, when three weeks' notice is required before judg- ment. Cost of advertising, twenty cents each tract of land, and ten cents each lot.
Judgment is usually obtained at May term of County Court. Costs six cents each tract of land, and five cents each lot. Sale takes place in June. Costs in addition to those before mentioned, twenty-eight cents . each tract of land, and twenty-seven cents each town lot.
Real estate sold for taxes may be redeemed any time before the expi- ration of two years from the date of sale, by payment to the County Clerk of the amount for which it was sold and twenty-five per cent. thereon if redeemed within six months, fifty per cent. if between six and twelve months, if between twelve and eighteen months seventy-five per cent., and if between eighteen months and two years one hundred per cent., and in addition, all subsequent taxes paid by the purchaser, with ten per cent. interest thereon, also one dollar each tract if notice is given by the purchaser of the sale, and a fee of twenty-five cents to the clerk for his certificate.
JURISDICTION OF COURTS.
Justices have jurisdiction in all civil cases on contracts for the recovery of moneys for damages for injury to real property, or taking, detaining, or
49
ABSTRACT OF ILLINOIS STATE LAWS.
injuring personal property ; for rent ; for all cases to recover damages done real or personal property by railroad companies, in actions of replevin, and in actions for damages for fraud in the sale, purchase, or exchange of per- sonal property, when the amount claimed as due is not over $200. They have also jurisdiction in all cases for violation of the ordinances of cities, towns or villages. A justice of the peace may orally order an officer or a private person to arrest any one committing or attempting to commit a criminal offense. He also upon complaint can issue his warrant for the arrest of any person accused of having committed a crime, and have him brought before him for examination.
COUNTY COURTS
Have jurisdiction in all matters of probate, settlement of estates of deceased persons, appointment of guardians and conservators, and settlement of their accounts ; all matters relating to apprentices; proceedings for the collection of taxes and assessments, and in proceedings of executions, admin- istrators, guardians and conservators for the sale of real estate. In law cases they have concurrent jurisdiction with Circuit Courts in all cases where Justices of Peace now have when the amount claimed shall not exceed $500, and in all criminal offenses where the punishment is not impris- onment in the penitentiary or death, but no appeal is allowed from Justice of the Peace to County Courts.
Circuit Courts-Have unlimited jurisdiction.
LIMITATION OF ACTION.
Accounts five years. Notes and written contracts ten years. Judg- ments twenty years. Partial payments or new promise in writing, within or after said period, will revive the debt. Absence from the State deducted, and when the cause of action is barred by the law of another State, it has the same effect here. Slander and libel, one year. Personal injuries, two years. To recover land or make entry thereon, twenty years. Action to foreclose mortgage or trust deed, or make a sale, within ten years.
All persons in possession of land, and paying taxes for seven consecu- tive years, with color of title, and all persons paying taxes for seven con- secutive years, with color of title, on vacant land, shall be held to be the legal owners to the extent of their paper title.
MARRIED WOMEN
May sue and be sued. Husband and wife not liable for each other's debts, either before or after marriage, but both are liable for expenses and edu- cation of the family. 4
50
ABSTRACT OF ILLINOIS STATE LAWS.
She may contract the same as if unmarried, except that in a partner- ship business she can not, without consent of her husband, unless he has abandoned or deserted her, or is idiotic or insane, or confined in peniten- tiary ; she is entitled and can recover her own earnings, but neither hus- band nor wife is entitled to compensation for any services rendered for the other. At the death of the husband, in addition to widow's award, a married woman has a dower interest (one-third) in all real estate owned by her husband after their marriage, and which has not been released by her, and the husband has the same interest in the real estate of the wife at her death.
EXEMPTIONS FROM FORCED SALE.
Home worth $1,000, and the following Personal Property : Lot of ground and buildings thereon, occupied as a residence by the debtor, being a house- holder and having a family, to the value of $1,000. Exemption continues after the death of the householder for the benefit of widow and family, some one of them occupying the homestead until youngest child shall become. twenty-one years of age, and until death of widow. There is no exemption from sale for taxes, assessments, debt or liability incurred for the purchase or improvement of said homestead. No release or waiver of exemption is valid, unless in writing, and subscribed by such householder and wife (if he have one), and acknowledged as conveyances of real estate are required to be acknowledged. The following articles of personal property owned by the debtor, are exempt from execution, writ of attachment, and distress for rent : The necessary wearing apparel of every person ; one sewing ma- chine ; the furniture, tools and implements necessary to carry on his trade or business, not exceeding $100 in value; the implements or library of any professional man, not exceeding $100 in value ; materials and stock designed and procured for carrying on his trade or business, and intended to be used or wrought therein, not exceeding $100 in value ; and also, when the debtor is the head of a family and resides with the same, necessary beds, bedsteads, and bedding, two stoves and pipe, necessary household furniture not exceeding in value $100, one cow, calf, two swine, one yoke of oxen, or two horses in lieu thereof, worth not exceeding $200, with the harness therefor, necessary pro- visions and fuel for the use of the family three months, and necessary food .for the stock hereinbefore exempted for the same time ; the bibles, school books and family pictures ; the family library, cemetery lots, and rights of burial, and tombs for the repositories of the dead ; one hundred dollars' worth of other property, suited to his condition in life, selected by the debtor. No personal property is exempt from sale for the wages of laborers or servants. Wages of a laborer who is the head of a family can not be garnisheed, except the sum due him be in excess of $25.
51
ABSTRACT OF ILLINOIS STATE LAWS.
DEEDS AND MORTGAGES.
To be valid there must be a valid consideration. Special care should be taken to have them signed, sealed, delivered, and properly acknowl- edged, with the proper seal attached. Witnesses are not required. The acknowledgement must be made in this state, before Master in Chancery, Notary Public, United States Commissioner, Circuit or County Clerk, Justice of Peace, or any Court of Record having a seal, or any Judge, Justice, or Clerk of any such Court. When taken before a Notary Public, or United States Commissioner, the same shall be attested by his official seal, when taken before a Court or the Clerk thereof, the same shall be attested by the seal of such Court, and when taken before a Justice of the Peace resid- ing out of the county where the real estate to be conveyed lies, there shall be added a certificate of the County Clerk under his seal of office, that he was a Justice of the Peace in the county at the time of taking the same. A deed is good without such certificate attached, but can not be used in evidence unless such a certificate is produced or other competent evidence introduced. Acknowledgements made out of the state must either be executed according to the laws of this state, or there should be attached a certificate that it is in conformity with the laws of the state or country where executed. Where this is not done the same may be proved by any other legal way. Acknowledgments where the Homestead rights are to be waived must state as follows: "Including the release and waiver of the right of homestead." 1
Notaries Public can take acknowledgements any where in the state.
Sheriff's, if authorized by the mortgagor of real or personal property in his mortgage, may sell the property mortgaged.
In the case of the death of grantor or holder of the equity of redemp- tion of real estate mortgaged, or conveyed by deed of trust where equity of redemption is waived, and it contains power of sale, must be foreclosed in the same manner as a common mortgage in court.
ESTRAYS.
Horses, mules, asses, neat cattle, swine, sheep, or goats found straying at any time during the year, in counties where such animals are not allowed to run at large, or between the last day of October and the 15th day of April in other counties, the owner thereof being unknown, may be taken up as estrays.
No person not a householder in the county where estray is found can lawfully take up an estray, and then only upon or about his farm or place of residence. Estrays should not be used before advertised, except animals giving milk, which may be milked for their benefit.
52
ABSTRACT OF ILLINOIS STATE LAWS.
Notices must be posted up within five (5) days in three (3) of the most public places in the town or precinct in which estray was found, giv- ing the residence of the taker up, and a particular description of the estray, its age, color, and marks natural and artificial, and stating before what justice of the peace in such town or precinct, and at what time, not less than ten (10) nor more than fifteen (15) days from the time of post- ing such notices, he will apply to have the estray appraised.
A copy of such notice should be filed by the taker up with the town clerk, whose duty it is to enter the same at large, in a book kept by him for that purpose.
If the owner of estray shall not have appeared and proved ownership, and taken the same away, first paying the taker up his reasonable charges for taking up, keeping, and advertising the same, the taker up shall appear before the justice of the peace mentioned in above mentioned notice, and make an affidavit as required by law.
As the affidavit has to be made before the justice, and all other steps as to appraisement, etc., are before him, who is familiar therewith, they are therefore omitted here.
Any person taking up an estray at any other place than about or upon his farm or residence, or without complying with the law, shall forfeit and pay a fine of ten dollars with costs.
Ordinary diligence is required in taking care of estrays, but in case they die or get away the taker is not liable for the same.
GAME.
It is unlawful to hunt, kill or in any manner interfere with deer, wild turkey, prairie chicken, partridge or pheasants between the first day of Janu- ary and the fifteenth day of August ; or any quail, between the first day of January and the first day of October ; or any woodcock, between the first day of January and the first day of July ; or any wild goose, duck, Wilson snipe brandt, or other water fowl, between the fifteenth day of April and the fifteenth day of August, in each and every year. Penalty: Fine not less than $10 nor more than $25, and costs of suit, and shall stand committed to county jail until fine is paid, but not exceeding ten days.
It is unlawful to hunt with gun, dog or net, within the inclosed grounds or lands of another, without permission. Penalty : Fine not less than $3 and not exceeding $100, to be paid into school fund.
WEIGHTS AND MEASURES.
Whenever any of the following articles shall be contracted for, or sold or delivered, and no special contract or agreement shall be made to the contrary, the weight per bushel shall be as follows, to-wit :
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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,
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 stcam 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,
- 70
-
-
54
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 elceted 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.
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.
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