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ABSTRACT OF IOWA STATE
LAWS.
BILLS OF EXCHANGE AND PROMISSORY NOTES.
UPON negotiable
bills, and notes payable in this State,
grace shall be allowed according to
the law merchant. All the above mentioned
paper falling due on Sunday, New Year's
Day, the Fourth of July, Christmas,
or any day appointed or recommended
by the President of the United States
or the Governor of the State, as a day
of fast or thanksgiving, shall be deemed
as due on the day previous. 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 against the maker or
his representative. 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 expressed.
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.
INTEREST.
The legal rate of
interest is six per cent. Parties may
agree, in writing, 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 ten per
cent to the school fund, and only the
principal sum can be recovered.
DESCENT.
The personal property
of the deceased (except (1) that necessary
for payment of debts and expenses of
administration; (2) property set apart
to widow, as exempt from execution;
(3) allowance by court, if necessary,
of twelve months' support to widow,
and to children under fifteen years
of age), including life insurance, descends
as does real estate.
One-third in value
(absolutely) of all estates in real
property, possessed by the husband at
any time during marriage, which have
not been sold on execution or other
judicial sale, and to which the wife
has made no relinquishment of her right,
shall be set apart as her property,
in fee simple, if she survive him.
The same share shall
be set apart to the surviving husband
of a deceased wife.
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The widow's share
cannot be affected by any will of her
husband's, unless she consents, in writing
thereto, within six months after notice
to her of provisions of the will.
The provisions of
the statutes of descent apply alike
to surviving husband or surviving wife.
Subject to the above,
the remaining estate of which the decedent
died siezed, [seized], shall in absence
of other arrangements by will, descend
First. To his or her children
and their descendants in equal parts;
the descendants of the deceased child
or, grandchild taking g the, share of
their deceased parents in equal shares
among them.
Second. Where there is no child,
nor descendant of such child, and no
widow or surviving husband, then to
the parents of the deceased in equal
parts; the surviving parent, if either
be dead, taking the whole; and if there
is no parent living, then to the brothers
and sisters of the intestate and their
descendants.
Third. When there is a widow,
or surviving husband, and no child or
children, or descendants of' the same,
then one-half of the estate shall descend
to such widow or surviving husband,
absolutely; and the other half of the
estate shall descend as in other cases
where there is no widow or surviving
husband, or child or children, or descendants
of the same.
Fourth. If there is no child,
parent, brother or sister, or descendants
of either of them, then to wife of intestate,
or to her heirs, if dead, according
to like rules.
Fifth. If any intestate leaves
no child, parent, brother or sister,
or descendants of either of them, and
no widow or surviving husband, and no
child, parent., brother or sister (or
descendant of either of them) of such
widow or surviving husband, it shall
escheat to the State.
WILLS, AND ESTATES OF DECEASED PERSONS,
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 express direction, and attested
by two or more competent witnesses.
Care should be taken that the witnesses
are not interested in the will. Inventory
to be made by executor or administrator
within fifteen days from date of letters
testamentary or of administration. Executors'
and administrators' compensation on
amount of personal estate distributed,
and for proceeds one-half per cent on
overplus up to five thousand dollars,
and one per cent of sale of real estate,
five per cent for first one thousand
dollars, two and one-half on overplus
above five thousand dollars, with such
additional allowance as shall be reasonable
for extra services.
Within ten days
after the receipt of letters of administration,
the executor or administrator shall
give such notice of all appointment
as the court or clerk shall direct.
Claims (other than
preferred} must be filed, within one
year thereafter, or are forever
barred, unless the claim is pending
in the District or Supreme Court, or
unless peculiar circumstances
entitle the claimant to equitable relief.
Claims are classed
and payable in the following
order:
1. Expenses of administration.
2. Expenses of last sickness and funeral.
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3. Allowance to widow and children,
if made by the court.
4. Debts preferred under the laws of
the United States.
5. Public rates and taxes.
6. Claims filed within six months after
the first publication of the
notice given by the executors of their
appointment.
7. All other debts.
8. Legacies.
The award,
or property which must be set apart
to the widow, in her own right,
by the executor, includes all personal
property which, in the hands of the
deceased, as head of the family, would
have been exempt from execution.
TAXES.
The owners of. personal
property, on the first day of January
of each year, and the owners of real
property on the first day of November
of each year, are liable for
the taxes thereon.
The following property
is exempt from taxation, viz. :
1. The property
of the United States and of this State,
including university, agricultural,
college and school lands, and all property
leased to the State; property of a county,
township, city, incorporated town or
school district when devoted entirely
to the public use and not held for pecuniary
profit; public grounds, including all
places for the burial of the dead; fire
engines, and all implements for extinguishing
fires, with the grounds used exclusively
for their buildings and for the meetings
of the fire companies; all public libraries,
grounds and buildings of literary, scientific,
benevolent, agricultural and religious
institutions, and societies devoted
solely to the appropriate objects of
these institutions, not exceeding 640
acres in extent, and not leased or otherwise
used with a view of pecuniary profit;
and all property leased to agricultural,
charitable institutions and benevolent
societies, and so devoted during the
term of such lease; provided, that all
deeds, by which such property is held,
shall be duly filed for record before
the property therein described shall
be omitted from the assessment.
2. The books, papers
and apparatus belonging to the above
institutions; used solely for the purposes
above contemplated, and the like property
of students in any such institutions,
used for their education.
3. Money and credits
belonging exclusively to such institutions
and devoted solely to sustaining them,
but not exceeding in amount or income
the sum prescribed by their charter.
4. Animals not hereafter
specified, the wool shorn from sheep,
belonging to the person giving the list,
his farm produce harvested within one
year previous to the listing; private
libraries not exceeding three hundred
dollars in value; family pictures, kitchen
furniture, beds and bedding requisite
for each family, all wearing apparel
in actual use, and all food provided
for the family; but no person from whom
a compensation for board or lodging
is received or expected, is to be considered
a member of the family within the intent
of this clause.
5. The polls or
estates or both of persons who, by reason
of age or infirmity, may, in the opinion
of the assessor, be unable to contribute
to the public revenue; such opinion
and the fact upon which it is based
being in all cases reported to the Board
of Equalization by the Assessor or any
other person, and subject to reversal
by them.
6. The farming utensils
of any person who makes his livelihood
by farm
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ing, and the tools of any mechanic,
not in either case to, exceed three
hundred dollars in value.
7. Government lands
entered or located or lands purchased
from this State, should not be taxed
for the year in which the entry, location
or purchase is made.
There is also a
suitable exemption, in amount, for planting
fruit trees or forest trees or hedges.
Where buildings
are destroyed by fire, tornado, or other
unavoidable casualty, after being assessed
for the year, the Board of Supervisors
may rebate taxes for that year on the
property destroyed, if same has not
been sold for taxes, and if said taxes
have not been delinquent for thirty
days at the time of destruction
of the property, and the rebate shall
be allowed for such loss only as is
not covered by insurance.
All other property
is subject to taxation. Every inhabitant
of full age and sound mind shall assist
the Assessor in listing all taxable
property of which he is the owner, or
which he controls or manages, either
as agent, guardian, father, husband,
trustee, executor, accounting officer,
partner, mortagor or lessor, mortgagee
or lessee.
Road beds of railway
corporations shall not be assessed to
owners of adjacent property, but shall
be considered the property of the companies
for purposes of taxation; nor shall
real estate used as a public highway
be assessed and taxed as part of adjacent
lands whence the same was taken for
such public purpose.
The property of
railway, telegraph and express companies
shall be listed and assessed for taxation
as the property of an individual would
be listed and assessed for taxation.
Collection of taxes made as in the case
of an individual.
The Township Board
of Equalization shall meet the first
Monday in April of each year. Appeal
lies to the Circuit Court.
The County Board
of Equalization (the Board of Supervisors)
meet at their regular session in June
of each year. Appeal lies to the Circuit
Court.
Taxes become delinquent
February 1st of each year, payable,
without interest or penalty, at any
time before March 1st of each year.
Tax sale is held
on first Monday of October in each year.
Redemption may be
made at any time within three years
after date of sale, by paying to the
County Auditor the amount of
sale, and twenty per centum of such
amount immediately added as penalty,
with ten per cent. interest per
annum on the whole amount thus made
from the day of sale, and also all subsequent
taxes, interest and costs paid by purchaser
after March 1st of each year, and a
similar penalty of twenty per
centum added as before, with ten per
cent interest as before.
If notice
has been given, by purchaser, of the
date at which the redemption is limited,
the cost of same is added to the redemption
money. Ninety days' notice is required,
by the statute, to be published by the
purchaser of holder of certificate,
to terminate the right of redemption.
JURISDICTION OF COURTS.
District Courts
have jurisdiction, general and original,
both civil and criminal, except in such
cases where Circuit Courts have exclusive
jurisdiction. District Courts have exclusive
supervision over courts of Justices
of the Peace and Magistrates, in criminal
matters, on appeal and writs of error.
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Circuit Courts
have jurisdiction, general and original,
with the District Courts, in all civil
actions and special proceedings, and
exclusive Jurisdiction in all appeals
and writs of error from inferior courts,
in civil matters. And exclusive jurisdiction
in matters of estates and general probate
business.
Justices of
the Peace have jurisdiction in civil
matters where $100 or less is involved.
. By consent of parties, the jurisdiction
may be extended to an amount not exceeding
$300. They have jurisdiction to try
and determine all public offense less
than felony, committed within their
respective counties, in which the fine,
by law, does not exceed $100
or the imprisonment thirty days.
LIMITATION OF ACTIONS.
Action for injuries
to the person or reputation; for a statute
penalty; and to enforce a mechanics'
lien, must be brought in two (2) years.
Those against a
public officer within three (3) years.
Those founded on
unwritten contracts; for injuries to
property; for relief on the ground of
fraud; and all other actions not provided
for, within five (5) years.
Those founded on written contracts;
on judgments of any court (except those
provided for in next section), and for
the recovery of real property, within
ten (10) years.
Those founded on judgment of any court
of record in the United States, within
twenty (20) years.
All above limits,
except those for penalties and forfeitures,
are extended in favor of minors and
insane persons, until one year after
the disability is removed-time during
which defendant is a non-resident of
the State shall not be included in computing
any of the above periods.
Actions for the
recovery of real property, sold for
non-payment of taxes, must be brought
within five years after the Treasurer's
Deed is executed and recorded, except
where a minor or convict or insane person
is the owner, and they shall be allowed
five years after disability is removed,
in which to bring action.
JURORS.
All qualified electors
of the State, of good moral character,
sound judgment, and in full possession
of the senses of hearing and seeing,
are competent jurors in their respective
counties.
United States officers,
practicing attorneys, physicians and
clergymen, acting professors or teachers
in institutions of learning, and persons
disabled by bodily infirmity or over
sixty-five years of age, are exempt
from liability to act as jurors.
Any person may be
excused from serving on a jury when
his own interests or the public's will
be materially injured by his attendance,
or when the state of his health or the
death, or sickness of his family requires
his absence.
CAPITAL PUNISHMENT
was restored by the Seventeenth General
Assembly, making it optional with the
jury to inflict it or not.
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A MARRIED WOMAN
may conveyor incumber real estate,
Dr interest therein, belonging to her;
may control the same or contract with
reference thereto, as other persons
may convey, encumber, control or contract.
She may own, acquire,
hold, convey and devise property, as
her husband may.
Her husband is not
liable for civil injuries committed
by her.
She may convey property
to her husband, and he may convey to
her.
She may constitute
her husband her attorney in fact.
EXEMPTIONS FROM EXECUTION.
A resident of the
State and head of a family may hold
the following property exempt from execution:
All wearing apparel of himself and family
kept for actual use and suitable to
the condition, and the trunks or other
receptacles necessary to contain the
same; one musket or rifle and shot-gun;
all private libraries, family Bibles,
portraits, pictures, musical instruments,
and paintings not kept for the purpose
of sale; a seat or pew occupied by the
debtor or his family in any house of
public worship; an interest in a public
or private burying ground not exceeding
one acre; two cows and a calf; one horse,
unless a horse is exempt as hereinafter
provided; fifty sheep and the wool therefrom,
and the materials manufactured from
said wool; six stands of bees; five
hogs and all pigs under six months;
the necessary food for exempted animals
for six months; all flax raised from
one acre of ground, and manufactures
therefrom; one bedstead and necessary
bedding for every two in the family;
all cloth manufactured by the defendant
not exceeding one hundred yards; household
and kitchen furniture not exceeding
two hundred dollars in value; all spinning
wheels and looms; one sewing machine
and other instruments of domestic labor
kept for actual use; the necessary provisions
and fuel for the use of the family for
six months; the proper tools, instruments,
or books of the debtor, if a farmer,
mechanic, surveyor, clergyman, lawyer,
physician, teacher or professor; the
horse or the team, consisting of not
more than two horses or mules, or two
yokes of cattle, and the wagon or other
vehicle, with the proper harness or
tackle, by the use of which the debtor,
if a physician, public officer, farmer,
teamster or other laborer, habitually
earns his living; and to the debtor,
if a printer, there shall also be exempt
a printing press and the types, furniture
and material necessary for the use of
such printing press, and a newspaper
office to the value of twelve hundred
dollars; the earnings of such debtor,
or those of his family, at any time
within ninety days next preceding the
levy.
Persons unmarried
and not the head of a family, and non-residents,
have exempt their own ordinary wearing
apparel and trunks to contain the same.
There is also exempt,
to a head of a family, a homestead,
not exceeding forty acres; or, if inside
city limits, one-half acre with improvements,
value not limited. The homestead is
liable for all debts contracted prior
to its acquisition as such, and is subject
to mechanics' liens for work or material
furnished for the same.
An article, otherwise
exempt, is liable, on execution, for
the purchase money thereof.
Where a debtor, if a head of a family,
has started to leave the State, he
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shall have exempt only the ordinary
wearing apparel of himself and family,
and other property in addition, as he
may select, in all not exceeding seventy-five
dollars in value.
A policy of life insurance shall inure
to the separate use of the husband or
wife and children, entirely independent
of his or her creditors.
WOLF SCALPS.
A bounty of one dollar is paid far
wolf scalps.
MARKS AND BRANDS.
Any person may
adopt his own mark or brand for his
domestic animals, or have a description
thereof recorded by the township clerk.
No person shall
adopt the recorded mark or brand of
any person residing in his township.
DAMAGES FROM TRESSPASS.
When any person's
lands are enclosed by a lawful fence,
the owner of any domestic animal injuring
said lands is liable for the damages,
and the damages may be recovered by
suit against the owner, or may be made
by distraining the animals doing the
damage; and if the party injured elects
to recover by action against the owner,
no appraisement need be made by the
trustees, as in case of distraint.
When trespassing
animals are distrained within twenty-four
hours, Sunday not included, the party
injured shall notify the owner of said
animals, if known; and if the owner
fails to satisfy the party within twenty-four
hours thereafter, the party shall have
the township trustees assess the damages,
and notice shall be pasted up in three
conspicuous places in the township,
that the stock, or part thereof, shall,
on the tenth day after posting the notice,
between the hours of 1 and 3 P. M.,
be sold to the highest bidder, to satisfy
said damages, with costs.
Appeal lies, within
twenty days from the action of the trustees
to the circuit court.
Where stock is restrained, by police
regulation or by law, from running at
large, any person injured in his improved
or cultivated lands by any domestic
animal, may, by action against the owner
of such animal, or by distraining such
animal, recover his damages, whether
the lands whereon the injury was done
were inclosed [enclosed] by a lawful
fence or not.
ESTRAYS.
An unbroken animal
shall not be taken up as an estray between
May 1st and November 1st, of each year,
unless the same be found within the
lawful enclosure of a householder, who
alone can take up such animal, unless
some other person gives him notice of
the fact of such animal coming on his
place; and if he fails, within five
days thereafter, to take up such estray,
any other householder of the township
may take up such estray and proceed
with it as if taken on his own premises,
provided he shall prove to the Justice
of the Peace such notice, and shall
make affidavit where such estray was
taken up.
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Any swine, sheep,
goat, horse, neat cattle or other animal
distrained (for damage done to one's
enclosure), when the owner is not known,
shall be treated as an estray.
Within five days
after taking up an estray, notice containing
a full description thereof, shall be
posted up in three of the most public
places in the township; and in ten days,
the person taking up such estray shall
go before a Justice of the Peace in
the township and make oath as to where
such estray was taken up, and that the
marks or brands have not been altered,
to his knowledge. The estray shall then
be appraised, by order of the Justice,
and the appraisement, description of
the size, age, color, sex, marks and
brands of the estray shall be entered
by the Justice in a book kept for that
purpose; and he shall, within ten days
thereafter, send a certified copy thereof
to the County Auditor.
When the appraised
value of an estray does not exceed five
dollars, the Justice need not proceed
further than to enter the description
of the estray on his book, and if no
owner appears within six months, the
property shall vest in the finder, if
he has complied with the law and paid
all costs.
Where appraised
value of estray exceeds five and is
less than ten dollars, if no owner appears
in nine months, the finder has the property,
if he has complied with the law and
paid costs.
An estray, legally
taken up, may be used or worked with
care and moderation.
If any person unlawfully
take up an estray, or take up an estray
and fail to comply with the law regarding
estrays, or use or work it contrary
to above, or work it before having it
appraised, or keep such estray out of
the county more than five days at one
time, before acquiring ownership, such
offender shall forfeit to the county
twenty dollars, and the owner may recover
double damages with costs.
If the owner of
any estray fail to claim and prove his
title for one year after the taking
up, and the finder shall have complied
with the law, a complete title vests
in the finder.
But if the owner
appear within eighteen months from the
taking up, prove his ownership and pay
all costs and expenses, the finder shall
pay him the appraised value of such
estray, or may, at his option, deliver
up the estray.
FENCES.
A lawful fence is
fifty-four inches high, made of rails,
wire or boards, with posts not more
than ten feet apart where rails are
used, and eight feet where boards are
used, substantially built and kept in
good repair; or any other fence, in
the opinion of the fence viewers, shall
be declared a lawful fence-provided
the lower rail, wire or board be not
more than twenty nor less than sixteen
inches from the ground.
The respective owners
of lands enclosed with fences shall
maintain partition fences between their
own and next adjoining enclosure so
long as they improve them in equal shares,
unless otherwise agreed between them.
If any party neglect
to maintain such partition fence as
he should maintain, the fence viewers
(the township trustees), upon complaint
of aggrieved party, may, upon due notice
to both parties, examine the fence,
and, if found insufficient, notify the
delinquent party, in writing, to repair
or rebuild the same within such time
as they judge reasonable.
If the fence be
not repaired or rebuilt accordingly,
the complainant may
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do so, and the same being adjudged
sufficient by the fence viewers, and
the value thereof, with their fees,
being- ascertained and certified under
their hands, the complainant may demand
of the delinquent the sum so ascertained,
and if the same be not paid in one month
after demand, may recover it with one
per cent a month interest, by action.
In case of disputes,
the fence viewers may decide as to who
shall erect or maintain partition fences,
and in what time the same shall be done;
and in case any party neglect to maintain
or erect such part as may be assigned
to him, the aggrieved party may erect
and maintain the same, and recover double
damages.
No person, not wishing
his land enlosed, [enclosed] and not
using it otherwise than in common, shall
be compelled to maintain any partition
fence; but when he uses or incloses
[encloses] his land otherwise than in
common, he shall contribute to the partition
fences.
Where parties have had their lands inclosed
[enclosed] in common, and one of the
owners desire to occupy his separate
and apart from the other, and the other
refuses to divide the line or build
a sufficient fence on the line when
divided, the fence viewers may divide
and assign, and upon neglect of the
other to build as ordered by the viewers,
the one may build the other's part and
recover as above.
And when one incloses
[encloses] land which has lain uninclosed,
[unenclosed] he must pay for one-half
of each partition fence between himself
and his neighbors.
Where one desires
to lay not less than twenty feet of
his lands, adjoining his neighbor, out
to the public to be used in common,
he must give his neighbor six months'
notice thereof.
Where a fence has
been built on the land of another through
mistake, 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 he given beyond the six months
to remove crops.
ADOPTION OF CHILDREN,
Any person competent
to make a will can adopt as his own
the minor child of another. The consent
of both parents, if living and not divorced
or separated, and if divorced or separated,
or if unmarried, the consent of the
parent lawfully having the custody of
the child; or if either parent is dead,
then the consent of the survivor, or
if both parents be dead, or the child
have been and remain abandoned by them,
then the consent of the Mayor of the
city where the child is living, or if
not in the city, then of the Clerk of
the Circuit Court of the county shall
be given to such adoption by an instrument
in writing, signed by parties consenting,
and stating the names of the parties,
if known, the name of the child, if
known, the name of the person adopting
such child, and the residence of all,
if known, and declaring the name by
which the child is thereafter to be
called and known, and stating, also,
that such child is given to the person
adopting, for the purpose of adoption
as his own child.
The person adopting
shall also sign said instrument, and
all the parties
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shall acknowledge the same in the manner
that deeds conveying lauds shall be
acknowledged.
The instrument shall
be recorded in the office of the County
Recorder.
SURVEYORS AND SURVEYS.
There is in every
County elected a Surveyor known as a
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 chairmen must
be disinterested persons and approved
by the Surveyor and sworn by him to
measure justly and impartially. Previous
to any survey, he shall furnish himself
with a copy of the field notes of the
original survey of the same land, if
there be any in the office of the County
Auditor, and his survey shall be made
in accordance therewith.
Their fees are three
dollars per day. For certified copies
of field notes, twenty-five cents.
MECHANICS LIENS.
Every mechanic,
or other person who shall do any labor
upon, or furnish any materials, machinery
or fixtures for any building, erection
or other improvement upon land, including
those engaged in the construction or
repair of any work of internal improvement,
by virtue of any contract with the owner,
his agent, trustee, contractor, or sub-contractor,
shall have a lien, or complying with
the forms of law, upon .the building
or other improvement for his labor done
or materials furnished.
It would take too
large a space to detail the manner in
which a sub-contractor secures his lien.
He should file, within thirty days after
the last of the labor was performed,
or the last of the material shall have
been furnished, with the clerk of the
District Court a true account of the
amount due him, after allowing all credits,
setting forth the time when such material
was furnished or labor performed, and
when completed, and containing a correct
description of the property sought to
be charged with the lien, and the whole
verified by affidavit.
A principal contractor
must file such an affidavit within ninety
days, as above.
Ordinarily, there are so many points
to be examined in order to secure a
mechanics' lien, that it is much better,
unless one is accustomed to managing
such liens, to consult at once an attorney.
Remember that the
proper time to file the claim is ninety
days for a principal contractor, thirty
days for a sub-contractor, as above;
and that actions to enforce these liens
must be commenced within two years,
and the rest can much better be done
with an attorney.
ROADS AND BRIDGES.
Persons meeting
each other on the public highways, shall
give one-half of the same by turning
to the right. All persons failing to
observe this rule shall be liable to
pay all damages resulting therefrom,
together with a tine, not exceeding
five dollars.
205
The prosecution
must be instituted on the complaint
of the person wronged.
Any person guilty of racing horses,
or driving upon the public highway,
in a manner likely to endanger the persons
or the lives of others, shall, on conviction,
be fined. not exceeding one hundred
dollars or imprisoned not exceeding
thirty days.
It is a misdemeanor,
without authority from the proper Road
Supervisor, to break upon, plow or dig
within, the boundary lines of any public
highway.
The money tax levied
upon the property in each road district
in each township (except the general
Township Fund, set apart for purchasing
tools, machinery and guide boards),
whether collected by the Road Supervisor
or County Treasurer, shall he expended
for highway purposes in that district,
and no part thereof shall be paid out
or expended for the benefit of another
district.
The Road Supervisor
of each district, is bound to keep the
roads and bridge& therein, in as
good condition as the. funds at his
disposal will permit; to put guide boards
at cross roads and forks of highways
in his district; and when notified in
writing that any portion of the public
highway, or any bridge is unsafe, must
in a reasonable time repair the same,
and for this purpose may call out any
or all the able bodied men in the district,
but not more than two days at one time,
without their consent.
Also, when notified
in writing, of the growth of any Canada
thistles upon vacant or non-resident
lands or vacant lots, within his district,
the owner, lessee or agent thereof being
unknown, shall cause the same to be
destroyed.
Bridges when erected
and maintained by the public, are parts
of the highway, and must not be less
than sixteen feet wide.
A penalty is imposed
upon anyone who rides or drives faster
than a walk across any such bridge.
The manner of establishing,
vacating or altering roads, etc., is
so well known to all township officers,
that it sufficient here to say that
the first step is by petition, filed
in the Auditors' office, addressed in
substance as follows:
The Board of Supervisors
of ___ County: The undersigned asks
that a highway, commencing at ___and
running thence ____ and terminating
at be established, vacated or altered
(as the case may be).
When the petition
is filed, all necessary and succeeding
steps will be shown and explained to
the petitioners by the auditor.
SUPPORT OF POOR.
The father, mother
and children of any poor person who
has applied for aid, and who is unable
to maintain himself by work, shall,
jointly or severally, maintain such
poor person in such manner as may be
approved by the Township Trustees.
In the absence or
inability of nearer relatives, the same
liability shall extend to the grandparents,
if of ability without personal labor,
and to the male grandchildren who are
of ability, by personal labor or otherwise.
The Township Trustees
may, upon the failure of such relatives
to maintain a poor person, who has made
application for relief, apply to the
Circuit Court for an order to compel
the same.
Upon ten days' notice,
in writing, to the parties sought to
be charged, a hearing may be had, and
an order made for entire or partial
support of the poor person.
206
Appeal may be taken
from such judgment as from other judgments
of the Circuit Court.
When any person,
having any estate, abandons either children,
wife or husband, leaving them chargeable,
or likely to become chargeable, upon
the public for support, upon proof of
above fact, an order may be had from
the Clerk of the Circuit Court, or Judge,
authorizing the Trustees or the Sheriff
to take into possession such estate.
The court may direct
such personal estate to be sold, to
be applied, as well as the rents and
profits of the real estate, if any,
to the support of children, wife or
husband.
If the party against
whom the order is issued return and
support the person abandoned, or give
security for the same, the order shall
be discharged, and the property taken
returned.
The mode of relief
for the poor, through the action of
the Township Trustees, or the action
of the Board of Supervisors, is so well
known to every township officer, and
the circumstances attending applications
for relief are so varied, that it need
now only be said that it is the duty
of each county to provide for its poor,
no matter at what place they may be.
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