« AnteriorContinuar »
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 personal 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 (except in counties having a population of one hundred thousand or over), 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 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 penitentiary, 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.
LIMITATION OF ACTION.
Accounts five years. Notes and written contracts ten years. Judgments 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 consecutive years, with color of title, and all persons paying taxes for seven consecutive 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 education of the family.
She may contract the same as if unmarried, except that in a partnership business she can not, without consent of her husband, unless he has abandoned or deserted her, or is idiotic or insane, or confined in penitentiary; she is entitled and can recover her own earnings, but neither husband nor wife is entitled to compensation for any services renderid 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 householder 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 privileges 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.
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 acknowledged, 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 residing 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 redemption 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.
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, giving 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 posting 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 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 nor more than $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:
Pounds. Stone Coal,
52 Unslacked Lime, 80 Coarse Salt,
50 Corn in the ear, - 70 Barley,
- 18 Wheat, 60 Corn Meal,
18 Irish Potatoes,
16 White Beans, 60 Timothy Seed,
15 Clover Seed,
38 Shelled Corn,
33 Rre, 56 Oats,
32 Flax Seed,
24 Sweet Potatoes,
20 Turnips, 55 Blue Grass Seed,
- 14 Fine Salt,
8 Penalty for giving less than the above standard is double the amount of property wrongfully not given, and ten dollars addition thereto.
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 steam 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,