S. B. (Simeon Baldwin) Chittenden.

History of Henry county, Illinois : it's taxpayers and voters; containing also, a biographical directory, a condensed history of the state; map of the county; a business directory...etc online

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Online LibraryS. B. (Simeon Baldwin) ChittendenHistory of Henry county, Illinois : it's taxpayers and voters; containing also, a biographical directory, a condensed history of the state; map of the county; a business directory...etc → online text (page 6 of 78)
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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.


There is in every county elected 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


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.


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 f>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 fa^t, 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 f 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.

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,


and ten days before the annual town meeting. In addition to the above,
it is their 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, $4 each day.

Second. For omitting to furnish a pair of horses or oxen, $1.50 each

Third. For omitting to furnish a man to manage team,f 2 each day.

Fourth. For omitting to furnish a wagon, carl or plow, 75 cents
each day.

The Commissioners estimate and assess the highway labor and road
tax. The road tax oK real and personal property can not exceed forty
cents on each hundred dollars' worth. The labor or road tax in villages,


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

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 f 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.


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


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 construct 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.


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


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 6ase 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
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.



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 fence 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
elected, 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.


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
accruing 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.


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 law,
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 01
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.


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.


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

Online LibraryS. B. (Simeon Baldwin) ChittendenHistory of Henry county, Illinois : it's taxpayers and voters; containing also, a biographical directory, a condensed history of the state; map of the county; a business directory...etc → online text (page 6 of 78)