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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 elected a surveyor known as county surveyor, 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 governing such matters. The surveyor is also required to keep a record of all surveys made by hiin, 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 compensation as may be fixed by the County Board, not exceeding $5 a day, to be paid out of the county treasury.
ROADS AND BRIDGES. 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, forth with 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 discretion of the court. Horses attached to any carriage used to convey passengers 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 understood 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. 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 inscriptions, 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 jimson 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.
The Commissioners, on or before the 1st day of May of each year, shall make out and deliver to their treasurer a list of all able-bodied men in their town, excepting paupers, idiots, lunatics, and such others as are exempt by law, and assess against each the sum of two dollars as a poll tax for highway purposes. Within thirty days after such list is delivered they shall cause a written or printed notice to be given to each person so assessed, notifying him of the time when and place where such tax must be paid, or its equivalent in labor performed ; they may contract with persons owing such poll tax to perform a certain amount of labor on any road or bridge in payment of the same, and if such tax is not paid nor labor performed by the first Monday of July of such year, or within ten days after notice is given after that time, they shall bring suit therefor against such person before a justice of the peace, who shall hear and determine the case according to law for the offense complained of, and shall forth with issue an execution, directed to any constable of the county where the delinquent shall reside, who shall forthwith collect the moneys therein mentioned.
The Commissioners of Highways of each town shall annually ascertain, as near as practicable, how much money must be raised by tax on real and personal property for the making and repairing of roads, only, to any amount they may deem necessary, not exceeding forty cents on each one hundred dollars' worth, as valued on the assessment roll of the previous year. The tax so levied on property lying within an incorporated village, town or city, shall be paid over to the corporate authorities of such town, village or city. Commissioners shall receive $1.50 for each day necessarily employed in the discharge of their duty.
Overseers. At the first meeting the Commissioners shall choose one of their number to act General Overseer of Highways in their township, whose duty it shall be to take charge of and safely keep all tools, implements and machinery belonging to said town, and shall, by the direction of the Board, have general supervision of all roads and bridges in their town.
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 contemplated 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 petitioned 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 i drain or ditch across the land of others for agricultural, sanitary or mining purposes, the proceedings are as follows:
File a petition in the Circuit or County Court of the county in which the proposed ditch or drain is to be constructed, setting forth the necessity for the same, with a description of its proposed starting point, route and terminus, and if it shall be necessary for the drainage of the land or coal mines or for sanitary purposes, that a drain, ditch, levee or similar work be constructed, a description of the same. It shall also set forth the names of all persons owning the land over which such drain or ditch shall be constructed, or if unknown stating that fact.
No private property shall be taken or damaged for the purpose of constructing a ditch, drain or levee, without compensation, if claimed by the owner, the same to be ascertained by a jury; but if the construction of such ditch, drain or levee shall be a benefit to the owner, the same shall be a set off against such compensation.
If the proceedings seek to affect the property of a minor, lunatic or married woman, the guardian, conservator or husband of the same shall be made party defendant. The petition may be amended and parties made defendants at any time when it is necessary to a fair trial.
When the petition is presented to the judge, he shall note there in when he will hear the same, and order the issuance of summonses aud the publication of notice to each non-resident or unknown defendant.
The petition may be heard by such judge in vacation as well as in term time. Upon the trial, the jury shall ascertain the just compensation to each owner of the property sought to be damaged by the construction of such ditch, drain or levee, and truly report the same.
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.
The County Board of any county in this State may hereafter allow such bounty on wolf scalps as the board may deem reasonable.
Any person claiming a bounty shall produce the scalp or scalps with the ears thereon, within sixty days after the wolf or wolves shall have been caught, to the Clerk of the County Board, who shall administer to said person the following oath or affirmation, to-wit: “You do solemnly swear (or affirm, as the case may be), that the scalp or scalps here produced by you was taken from a wolf or wolves killed and first captured by yourself within the limits of this county, and within the sixty days
When the reversion expectant on a lease of any tenements or hereditaments of any tenure shall be surrendered or merged, the estate which shall for the time being confer as against the tenant under the same lease the next vested right to the same tenements or hereditaments, shall, to the extent and for the purpose of preserving such incidents to and obligations on the same reversion, as but for the surrender or merger thereof, would have subsisted, be deemed the reversion expectant on the same lease.
Every poor person who shall be unable to earn a livelihood in consequence 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.