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 6
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The commissioners of highways in the different towns have the care and superintendence of highways and bridges therein. They have all the powers necessary to lay out, vacate, regulate and repair all roads, build and repair bridges, divide their respective towns into as many road districts as they shall think convenient. This is to be done annually,
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and ten days before the annual town meeting. In addition to the above, it is then duty to erect and keep in repair at the forks or crossing-place of the most important roads post and guide boards with plain inscrip- tions, giving directions and distances to the most noted places to which such road may lead ; also to make provisions to prevent thistles, burdock, and cockle burrs, mustard, yellow dock, Indian mallow, and jessamine weed from seeding, and to extirpate the same as far as practicable, and to prevent all rank growth of vegetation on the public highways, so far as the same may obstruct public travel, and it is in their discretion to erect watering places for public use for watering teams at such points as may be deemed advisable. Every able-bodied male inhabitant, being above the age of twenty-one years, and under the age of fifty, excepting paupers, idiots, lunatics, trustees of schools and school directors, and such others as are exempt by law, is required to labor on highways in their respective road districts, not less than one or more than three days in each and every year. Three days' notice must be given by the overseer of the time and place he requires such road labor to be done. The labor must be performed in the road district in which the person resides. Any person may commute for such labor by paying at the rate of $1.50 per day, if done within the three days' notice, but after that time the rate is $2 per day.
Any person liable for work on highways who has been assessed two days or more and has not commuted, may be required to furnish team, 01 a cart, wagon or plow, with a pair of horses or oxen and a man to manage them, for which he will be entitled to two days for each day's work. Eight hours is a day's work on the roads, and there is a penalty of twenty- five cents an hour against any person or substitute who shall neglect or refuse to perform. Any person remaining idle, or does not work faithfully or hinders others from doing so, forfeits to the town $2.
Every person assessed and duly notified, who has not commuted and refuses or neglects to appear, shall forfeit to the town for every day's refusal or neglect, the sum of $2; if he was required to furnish a team, carriage, man or implement, and neglects or refuses to comply, he is liable to the following fines :
First. For wholly failing to comply, $+ each day.
Second. For omitting to furnish a pair of horses or oxen, $1.50 each day.
Third. For omitting to furnish a man to manage team, $2 each day.
Fourth. For omitting to furnish a wagon, cart or plow, 75 cents each day.
The Commissioners estimate and assess the highway labor and road tax. The road tax on real. and personal property can not exceed forty cents on cach hundred dollars' worth. The labor or road tax in villages,
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towns or cities, is paid over to the corporate authorities of such, for the improvement of streets, roads and bridges within their limits. Commis- sioners' compensation $1.50 per day. The Treasurer, who is one of their number, is entitled to 2 per cent. on all moneys he may receive and pay out.
Overseers. Their duties are to repair and keep in order the high- ways in their districts; to warn persons to work out their road tax at such time and place as they think proper ; to collect fines and commuta- tion money, and execute all lawful orders of the Commissioners of High- ways ; also make list, within sixteen days after their election, of the names of all inhabitants in his road district liable to work on highways. For refusal to perform any of his duties, he is liable to a fine of $10. The compensation of overseers is $1.50 a day, the number of days to be audited by the Highway Commissioners.
As all township and county officers are familiar with their duties, it is only intended to give the points of the law that the public should be familiar with. The manner of laying out, altering or vacating roads, etc., will not be here stated, as it would require more space than is contem- plated in a work of this kind. It is sufficient to state that, the first step is by petition, addressed to the Commissioners, setting out what is prayed for, giving the names of the owners of lands if known, if not known so state, over which the road is to pass, giving the general course, its place of beginning, and where it terminates. It requires not less than twelve freeholders residing within three miles of the road who shall sign the petition. Public roads must not be less than fifty feet wide, nor more than sixty feet wide. Roads not exceeding two miles in length, if peti- tioned for, may be laid out, not less than forty feet. Private roads for private and public use, may be laid out of the width of three rods, on petition of the person directly interested ; the damage occasioned thereby shall be paid by the premises benefited thereby, and before the road is opened. If not opened in two years, the order shall be considered rescinded. Commissioners in their discretion may permit persons who live on or have private roads, to work out their road tax thereon. Public roads must be opened in five days from date of filing order of location, or be deemed vacated.
DRAINAGE.
Whenever one or more owners or occupants of land desire to construct a drain or ditch across the land of others for agricultural or sanitary pur- poses, the proceedings are as follows :
1st. File a petition with the clerk of the town board of auditors in counties where there is township organization, or in counties not so organized with the clerk of the County Court, stating the necessity of the
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same, its starting point, route and terminus ; and if it shall be deemed necessary for successful drainage that a levee or other work be constructed, a general description of the same shall be made.
2d. After filing, two weeks' notice must be given by posting notices in three of the most public places in such township through which the drain, ditch or other work is proposed to be constructed ; and also, by publishing a copy thereof in some newspaper published in the county in which petition is filed, at least once each week for two successive weeks. The notice must state when and before what board such petition is filed, the starting point, route, terminus and description of the proposed work. On receipt of the petition by the clerk of either board as before men- tioned, it is his duty to immediately give notice to the board of which he is clerk, of the fact, and that a meeting of the board will be held on a day to be fixed not later than sixty days after the filing of said petition, to consider the prayer of the same ; and it is further the duty of the clerk, to publish a notice of the filing of the petition and the meeting of the board to consider it, by posting the same in the three most public places in the township or county. On the hearing, all parties may contest the matter, and if it shall appear to the board that the work contemplated is necessary, or is useful for the drainage of the land for agricultural and sanitary purposes, they shall so find and shall file their petition in the County Court, reciting the original petition and stating their finding, and pray that the costs of the improvement be assessed, and for that purpose three commissioners be appointed to lay out and construet the work. The costs of the hearing before the town board is to be paid by the petitioners. After commissioners are appointed, they organize and proceed to examine the work ; and if they find the benefits greater than the cost and expense of the work, then it is their duty to have the surveyor's plans and speci- fications made, and when done report the same to the court, before which parties can be heard prior to confirmation. The commissioners are not confined to the route or plan of the petition, but may change the same. After report of commissioners is confirmed, then a jury assess the damages and benefits against the land damaged or benefited.
As it is only contemplated in a work of this kind to give an abstract of the laws, and as the parties who have in charge the execution of the further proceedings are likely to be familiar with the requirements of the statute, the necessary details are not here inserted.
PAUPERS.
Every poor person who shall be unable to earn a livelihood in conse- quence of any bodily infirmity, idiocy, lunacy or unavoidable cause, shall be supported by the father, grand-father, mother, grand-mother, children, grand-children, brothers or sisters of such poor person, if they or either
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of them be of sufficient ability ; but if any of such dependent class shall have become so from intemperance, or other bad conduct, they shall not be entitled to support from any relation except parent or child.
The children shall first be called on to support their parents, if they are able ; but if not, the parents of such poor person shall then be called on, if of sufficient ability ; and if there be no parents or children able, then the brothers and sisters of such dependent person shall be called upon ; and if there be no brothers or sisters of sufficient ability, the. grand-children of such person shall next be called on; and if they are not able, then the grand-parents. Married females, while their husbands live, shall not be liable to contribute for the support of their poor relations except out of their separate property. It is the duty of the state's (county) attorney, to make complaint to the County Court of his county against all the relatives of such paupers in this state liable to his support and prosecute the same. In case the state's attorney neglects, or refuses, to complain in such cases, then it is the duty of the overseer of the poor to do so. The person called upon to contribute shall have at least ten days' notice of such application by summons. The court has the power to determine the kind of support, depending upon the circumstances of the parties, and may also order two or more of the different degrees to main- tain such poor person, and prescribe the proportion of each, according to their ability. The court may specify the time for which the relative shall contribute-in fact has control over the entire subject matter, with power to enforce its orders. Every county (except those in which the poor are supported by the towns, and in such cases the towns are liable) is required to relieve and support all poor and indigent persons lawfully resident therein. Residence means the actual residence of the party, or the place where he was employed; or in case he was in no employment, then it shall be the place where he made his home. When any person becomes chargeable as a pauper in any county or town who did not reside at the commencement of six months immediately preceding his becoming so, but did at that time reside in some other county or town in this state, then the county or town, as the case may be, becomes liable for the expense of taking care of such person until removed, and it is the duty of the overseer to notify the proper authorities of the fact. If any person shall bring and leave any pauper in any county in this state where such pauper had no legal residence, knowing him to be such, he is liable to a fine of $100. In counties under township organization, the supervisors in each town are ex-officio overseers of the poor. The overseers of the poor act under the directions of the County Board in taking care of the poor and granting of temporary relief; also, providing for non-resident persons not
1 paupers who may be taken sick and not able to pay their way, and in case of death cause such person to be decently buried.
ABSTRACT OF ILLINOIS STATE LAWS.
FENCES.
In counties under township organization, the town assessor and com- missioner of highways are the fence-viewers in their respective towns. In other counties the County Board appoints three in each precinct annu- ally. A lawful fonce is four and one-half feet high, in good repair, con- sisting of rails, timber, boards, stone, hedges, or whatever the fence- viewers of the town or precinct where the same shall lie, shall consider equivalent thereto, but in counties under township organization the annual town meeting may establish any other kind of fence as such, or the County Board in other counties may do the same. Division fences shall be made and maintained in just proportion by the adjoining owners, except when the owner shall choose to let his land lie open, but after a division fence is built by agreement or otherwise, neither party can remove his part of such fence so long as he may crop or use such land for farm purposes, or without giving the other party one year's notice in writing of his intention to remove his portion. When any person shall enclose his land upon the enclosure of another, he shall refund the owner of the adjoining lands a just pro- portion of the value at that time of such fence. The value of fence and the just proportion to be paid or built and maintained by each is to be ascertained by two fence-viewers in the town or precinct. Such fence- viewers have power to settle all disputes between different owners as to fences built or to be built, as well as to repairs to be made. Each party chooses one of the viewers, but if the other party neglects, after eight days' notice in writing, to make his choice, then the other party may select both. It is sufficient to notify the tenant or party in possession, when the owner is not a resident of the town or precinct. The two fence-viewers chosen, after viewing the premises, shall hear the state- ments of the parties, in case they can't agree, they shall select another fence-viewer to act with them, and the decision of any two of them is final. The decision must be reduced to writing, and should plainly set out description of fence and all matters settled by them, and must be filed in the office of the town clerk in counties under township organiza- tion, and in other counties with the county clerk.
Where any person is liable to contribute to the erection or the repairing of a division fence, neglects or refuses so to do, the party injured, after giving sixty days notice in writing when a fence is to be erected, or ten days when it is only repairs, may proceed to have the work done at the expense of the party whose duty it is to do it, to be recovered from him with costs of suit, and the party so neglecting shall also be liable to the party injured for all damages accruing from such neglect or refusal, to be determined by any two fence-viewers selected as before provided, the appraisement to be reduced to writing and signed.
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Where a person shall conclude to remove his part of a division fence, and let his land lie open, and having given the year's notice required, the adjoining owner may cause the value of said fence to be ascertained by fence-viewers as before provided, and on payment or tender of the amount of such valuation to the owner, it shall prevent the removal. A party removing a division fence without notice is liable for the damages aceruing thereby.
Where a fence has been built on the land of another through mis- take, the owner may enter upon such premises and remove his fence and material within six months after the division line has been ascertained. Where the material to build such a fence has been taken from the land on which it was built, then before it can be removed, the person claiming must first pay for such material to the owner of the land from which it was taken, nor shall such a fence be removed at a time when the removal will throw open or expose the crops of the other party ; a reasonable time must be given beyond the six months to remove crops.
The compensation of fence-viewers is one dollar and fifty cents a day each, to be paid in the first instance by the party calling them, but in the end all expenses, including amount charged by the fence-viewers, must be paid equally by the parties, except in cases where a party neglects or refuses to make or maintain a just proportion of a division fence, when the party in default shall pay them.
DAMAGES FROM TRESPASS.
Where stock of any kind breaks into any person's enclosure, the fence being good and sufficient, the owner is liable for the damage done ; but where the damage is done by stock running at large, contrary to lau, the owner is liable where there is not such a fence. Where stock is found trespassing on the enclosure of another as aforesaid, the owner of occupier of the premises may take possession of such stock and keep the same until damages, with reasonable charges for keeping and feeding and all costs of suit, are paid. Any person taking or rescuing such stock so held without his consent, shall be liable to a fine of not less than three nor more than five dollars for each animal rescued, to be recovered by suit before a justice of the peace for the use of the school fund. Within twenty-four hours after taking such animal into his possession, the per- son taking it up must give notice of the fact to the owner, if known, or if unknown, notices must be posted in some public place near the premises.
LANDLORD AND TENANT.
The owner of lands, or his legal representatives, can sue for and recover rent therefor, in any of the following cases :
First. When rent is due and in arrears on a lease for life or lives.
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Second. When lands are held and occupied by any person without any special agreement for rent.
Third. When possession is obtained under an agreement, written or verbal, for the purchase of the premises and before deed given, the right to possession is terminated by forfeiture on con-compliance with the agreement, and possession is wrongfully refused or neglected to be given upon demand made in writing by the party entitled thereto. Provided that all payments made by the vendee or his representatives or assigns, may be set off against the rent.
Fourth. When land has been sold upon a judgment or a decree of court, when the party to such judgment or decree, or person holding under him, wrongfully refuses, or neglects, to surrender possession of the same, after demand in writing by the person entitled to the possession.
Fifth. When the lands have been sold upon a mortgage or trust deed, and the mortgagor or grantor or person holding under him, wrong- fully refuses or neglects to surrender possession of the same, after demand in writing by the person entitled to the possession.
If any tenant, or any person who shall come into possession from or under or by collusion with such tenant, shall willfully hold over any lands, etc., after the expiration the term of their lease, and after demand made in writing for the possession thereof, is liable to pay double rent. A tenancy from year to year requires sixty days notice in writing, to termi- nate the same at the end of the year ; such notice can be given at any time within four months preceding the last sixty days of the year.
A tenancy by the month, or less than a year, where the tenant holds over without any special agreement, the landlord may terminate the tenancy, by thirty days notice in writing.
When rent is due, the landlord may serve a notice upon the tenant, stating that unless the rent is paid within not less than five days, his lease will be terminated ; if the rent is not paid, the landlord may consider the lease ended. When default is made in any of the terms of a lease, it shall not be necessary to give more than ten days notice to quit or of the termination of such tenancy ; and the same may be terminated on giving such notice to quit, at any time after such default in any of the terms of such lease ; which notice may be substantially in the following form, viz:
To -, You are hereby notified that, in consequence of your default in (here insert the character of the default), of the premises now occupied by you, being etc. (here describe the premises), I have elected to deter- mine your lease, and you are hereby notified to quit and deliver up pos- session of the same to me within ten days of this date (dated, etc.)
The above to be signed by the lessor or his agent, and no other notice or demand of possession or termination of such tenancy is necessary.
Demand may be made, or notice served, by delivering a written or
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printed, or partly either, copy thereof to the tenant, or leaving the same with some person above the age of twelve years residing on or in posses- sion of the premises ; and in case no one is in the actual possession of the said premises, then by posting the same on the premises. When the tenancy is for a certain time, and the term expires by the terms of the lease, the tenant is then bound to surrender possession, and no notice to quit or demand of possession is necessary.
Distress for rent .- In all cases of distress for rent, the landlord, by himself, his agent or attorney, may seize for rent any personal property of his tenant that may be found in the county where the tenant resides ; the property of any other person, even if found on the premises, is not liable.
An inventory of the property levied upon, with a statement of the amount of rent claimed, should be at once filed with some justice of the peace, if not over $200; and if above that sum, with the elerk of a court of record of competent jurisdiction. Property may be released, by the party executing a satisfactory bond for double the amount.
The landlord may distrain for rent, any time within six months after the expiration of the term of the lease, or when terminated.
When rent is payable wholly or in part, in specific articles of pro- perty, or products of the premises, or labor, the landlord may distrain for the value of the same.
Landlords have a lien upon the crops grown or growing upon the demised premises for the rent thereof, and also for the faithful performance of the terms of the lease.
In all cases where the premises rented shall be sub-let, or the lease assigned, the landlord shall have the same right to enforce lien against such lessee or assignee, that he has against the tenant to whom the pre- mises were rented.
When a tenant abandons or removes from the premises or any part thereof, the landlord, or his agent or attorney, may seize upon any grain or other crops grown or growing upon the premises, or part thereof so abandoned, whether the rent is due or not. If such grain, or other crops, or any part thereof, is not fully grown or matured, the landlord, or his agent or attorney, shall cause the same to be properly cultivated, harvested or gathered, and may sell the same, and from the proceeds pay all his labor, expenses and rent. The tenant may, before the sale of such pro- perty, redeem the same by tendering the rent and reasonable compensation for work done, or he may replevy the same.
Exemption .- The same articles of personal property which are by law exempt from execution, except the crops as above stated, is also exempt from distress for rent.
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ABSTRACT OF ILLINOIS STATE LAWS.
LIENS.
Any person who shall by contract, express or implied, or partly both, with the owner of any lot or tract of land, furnish labor or material, or services as an architect or superintendent, in building, altering, repairing or ornamenting any house or other building or appurtenance thereto on such lot, or upon any street or alley, and connected with such improve- ments, shall have a lien upon the whole of such lot or tract of land, and upon such house or building and appurtenances, for the amount due to him for such labor, material or services. If the contract is expressed, and the time for the completion of the work is beyond three years from the com- mencement thereof ; or, if the time of payment is beyond one year from the time stipulated for the completion of the work, then no lien exists. If the contract is implied, then no lien exists, unless the work be done or material is furnished within one year from the commencement of the work or delivery of the materials. As between different creditors having liens, no preference is given to the one whose contract was first made ; but each shares pro-rata. Incumbrances existing on the lot or tract of the land at the time the contract is made, do not operate on the improvements, and are only preferred to the extent of the value of the land at the time of making the contract. The above lien can not be enforced unless suit is commenced within six months after the last payment for labor or materials shall have become due and payable. Sub-contractors, mechanics, workmen and other persons furnishing any material, or performing any labor for a contractor as before specified, have a lien to the extent of the amount due the contractor at the time the following notice is served upon the owner of the land who made the contract:
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