H.F. Kett.

The History of Jo Daviess County, Illinois, containing a history of the county, its cities, towns, etc., a biographical directory of its citizens, war record of its volunteers in the late rebellion ... history of the Northwest, history of Illinois ... Constitution of the United States online

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Online LibraryH.F. KettThe History of Jo Daviess County, Illinois, containing a history of the county, its cities, towns, etc., a biographical directory of its citizens, war record of its volunteers in the late rebellion ... history of the Northwest, history of Illinois ... Constitution of the United States → online text (page 13 of 109)
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were soon agreed upon. It was arranged that the white people should
give up their arms to Blackbird, and that the survivors should become
prisoners of war, to be exchanged for ransoms as soon as practicable,
With this understanding captives and captors started for the Indian
camp near the fort, to which Mrs. Helm had been taken bleeding and
suffering by Black Partridge, and had met her step-father and learned
that her husband was safe.

A new scene of horror was now opened at the Indian camp. The
wounded, not being included in the terms of surrender, as it was inter-
preted by the Indians, and the British general, Proctor, having offered a
liberal bounty for American scalps, delivered at Maiden, nearly all the
wounded men were killed and scalped, and the price of the trophies was
afterwards paid by the British government.





This celebrated Indian chief, whose portrait appears in this work,
deserves more than a passing notice. Although Shabbona was not so con-
spicuous as Tecumseh or Black Hawk, yet in point of merit he was
superior to either of them.

Shabbona was born at an Indian village on the Kankakee River, now
in Will County, about the year 1775. While young he was made chief of
the band, and went to Shabbona Grove, now DeKalb County, where they
were found in the early settlement of the county.


1812 -?habbor:3

?, warrors


aid to that great chief, and stood by his side when he fell at the battle of
the Thames. At the time of the Winnebago war, in 1827, he visited almost
every village among the Pottawatomies, and by his persuasive arguments
prevented them from taking part in the war. By request of the citizens
of Chicago, Shabbona, accompanied by Billy Caldwell (Sauganash), visited
Big Foot's village at Geneva Lake, in order to pacify the warriors, as fears
were entertained that they were about to raise the tomahawk against the
whites. Here Shabbona was taken prisoner by Big Foot, and his life
threatened, but on the following day was set at liberty. From that time
the Indians (through reproach) styled him " the white man's friend,"
and many times his life was endangered.

Before the Black Hawk war, Shabbona met in council at two differ-
ent times, and by his influence prevented his people from taking part with
the Sacs and Foxes. After the death of Black Partridge and Senachwine,
no chief among the Pottawatomies exerted so much influence as Shabbona.
Black Hawk, aware of this influence, visited him at two different times, in
order to enlist him in his cause, but was unsuccessful. While Black Hawk
was a prisoner at Jefferson Barracks, he said, had it not been for Shabbona
the whole Pottawatomie nation would have joined his standard, and
could have continued the war for years.

To Shabbona many of the early settlers of Illinois owe the pres-
ervation of their lives, for it is a well-known fact, had he not notified the
people of their danger, a large portion of them would have fallen victii
to the tomahawk of savages. By saving the lives of whites he endangere(
his own, for the Sacs and Foxes threatened to kill him, and made twc
attempts to execute their threats. They killed Pypeogee, his son, am
Pyps, his nephew, and hunted him down as though he was a wild beast.

Shabbona had a reservation of two sections of land at his Grove, but
by leaving it and going west for a short time, the Government declare(
the reservation forfeited, and sold it the same as other vacant land. Oi
Shabbona's return, and finding his possessions gone, he was very sad anc
broken down in spirit, and left the Grove for ever. The citizens of Ottaws
raised money and bought him a tract of land on the Illinois River, above
Seneca, in Grundy County, on which they built a house, and suppliec
him with means to live on. He lived here until his death, which occurrec
on the 17th of July, 1859, in the eighty-fourth year of his age, and wz
buried with great pomp in the cemetery at Morris. His squaw, Pokanoka,
was drowned in Mazen Creek, Grundy County, on the 30th of November,
1864, and was buried by his side.

In 1861 subscriptions were taken up in many of the river towns,
erect a monument over the remains of Shabbona, but the war breaking
out, the enterprise was abandoned. Only a plain marble slab marks the
resting-place of this friend of the white man.



No promissory note, check, draft, bill of exchange, order, or note, nego-
tiable instrument payable at sight, or on demand, or on presentment, shall
be entitled to days of grace. All other bills of exchange, drafts or notes are
entitled to three days of grace. All the above mentioned paper falling
due on Sunday, New Years 9 Day, the Fourth of July, Christmas, or any
day appointed or recommended by the President of the United States or
the G-overnor of the /State as a day of fast or thanksgiving, shall be deemed
as due on the day previous, and should two or more of these days come
together, then such instrument shall be treated as due on the day previous
to the first of said days. No defense can be made against a negotiable
instrument (assigned before due) in the hands of the assignee without
notice, except fraud was used in obtaining the same. To hold an indorser,
due diligence must be used by suit, in collecting of the maker, unless suit
would have been unavailing. Notes payable to person named or to order,
in order to absolutely transfer title, must be indorsed by the payee. Notes
payable to bearer may be transferred by delivery, and when so payable
every indorser thereon is held as a guarantor of payment unless otherwise

In computing interest or discount on negotiable instruments, a month
shall be considered a calendar month, or twelfth of a year, and for less
than a month, a day shall be figured a thirtieth part of a month. Notes
only bear interest when so expressed, but after due they draw the legal
interest, even if not stated.


The legal rate of interest is six per cent. Parties may agree in writ-
ing on a rate not exceeding ten per cent. If a rate of interest greater
than ten per cent, is contracted for, it works a forfeiture of the whole of
said interest, and only the principal can be recovered.


When no will is made, the property of a deceased person is distrib-
uted as follows :


First. To his or her children and their descendants in equal -parts ;
the descendants of the deceased child or grandchild taking the share of
their deceased parents in equal parts among them.

Second. Where there is no child, nor descendant of such child, and
no widow or surviving husband, then to the parents, brothers and sisters
of the deceased, and their descendants, in equal parts, the surviving
parent, if either be dead, taking a double portion ; and if there is no
parent living, then to the brothers and sisters of the intestate and their

Third. When there is a widow or surviving husband, and no child or
children, or descendants of the same, then one-half of the real estate and
the whole of the personal estate shall descend to such widow or surviving
husband, absolutely, and the other half of the real estate shall descend as
in other cases where there is no child or children or descendants of the

Fourth. When there is a widow or surviving husband and also a child
or children, or descendants of the latter, then one third of all the personal
estate to the widow or surviving husband absolutely.

Fifth. If there is no child, parent, brother or sister, or descendants of
either of them, and no widow or surviving husband, then in equal parts
to the next of kin to the intestate in equal degree. Collaterals shall not
be represented except with the descendants of brothers arid sisters of the
intestate, and there shall be no distinction between kindred of the whole
and the half blood.

Sixth. If any intestate leaves a widow or surviving husband and no
kindred, then to such widow or surviving husband ; and if there is no such
widow or surviving husband, it shall escheat to and vest in the county
where the same, or the greater portion thereof, is situated.


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


of administration. Executors' and administrators' compensation not tc
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 pel

Notice requiring all claims to be presented against the estate shall btf
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

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 shalt"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.

Sixth. Household and kitchen furniture to the value of $100.

Seventh. One milch cow and calf for every four members of her family.


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.


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


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


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.


Have jurisdiction in all matters of probate (except in counties having a
population of one hundred thousand or over), settlement of estates of
deceased persons, appointment of guardians and conservators, and settle-
ment of their accounts ; all matters relating to apprentices ; proceedings
for the collection of taxes and assessments, and in proceedings of executors,
administrators, 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 the peace now have, or hereafter may have,
jurisdiction when the amount claimed shall not exceed $1,000, and in all
criminal offenses where the punishment is not imprisonment in the peni-
tentiary, or death, and in all cases of appeals from justices of the peace
and police magistrates ; excepting when the county judge is sitting as a
justice of the peace. Circuit Courts have unlimited jurisdiction.


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.


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.


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.


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, Bibles, school books and family
pictures of every person ; and, 2d, one hundred dollars worth of other
property to be selected by the debtor, and, in addition, when the debtor
is the head of a family and resides with the same, three hundred dollars
worth of other property to be selected by the debtor ; provided that such
selection and exemption shall not be made by the debtor or allowed to
him or her from any money, salary or wages due him or her from any
person or persons or corporations whatever.

When the head of a family shall die, desert or not reside with the
same, the family shall be entitled to and receive all the benefit and priv-
ileges which are by this act conferred upon the head of a family residing
with the same. No personal property is exempt from execution when
judgment is obtained 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.



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."

Notaries Public can take acknowledgements any where in the state.

Sheriffs, 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
)f redemption is waived, and it contains power of sale, must be foreclosed
the same manner as a common mortgage in court.


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.


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, arid 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.


It is unlawful for any person to kill, or attempt to kill or destroy, in
any manner, any prairie hen or chicken or woodcock between the 15th day
of January and the 1st day of September ; or any deer, fawn, wild-turkey,
partridge or pheasant between the 1st day of February and the 1st day
of October; or any quail between the 1st day of February and 1st day of
November ; or any wild goose, duck, snipe, brant or other water fowl
between the 1st day of May and 15th day of August in each year.
Penalty : Fine not less than $5 nor more than $25, for each bird or
animal, and costs of suit, and stand committed to county jail until fine is

Online LibraryH.F. KettThe History of Jo Daviess County, Illinois, containing a history of the county, its cities, towns, etc., a biographical directory of its citizens, war record of its volunteers in the late rebellion ... history of the Northwest, history of Illinois ... Constitution of the United States → online text (page 13 of 109)