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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 attended by his official seal; when taken before a Court or Clerk thereof, the same shall be attended 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 cannot be used in evidence unless such a certificate is produced or other competent evidence introduced.
Acknowledgments 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 acknowledgments anywhere in the State.
Sheriffs, if authorized by the mortgagor of real or personal property in the 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, inules, 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 taking 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 in 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.
GAME. It is unlawful to hunt, kill or in any manner interfere with deer, wild turkey, prairie chicken, partridge or pheasants between the first day of January and the fifteenth day of August; or any quail between the first day of January and the first day of October ; or any woodcock, between the first day of January and the first day of July; or any wild goose, duck, Wilson snipe, brandt or other water fowl between the fifteenth day of April and the fifteenth day of August in each and every year. Penalty : Fine not less than $10 nor more than $25 and costs of suit, and shall 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 enclosed grounds or lands of another, without permission. Penalty: Fine not less than $3 and not exceeding $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.
Pounds. Stone coal....... 80 Buckwheat.....
52 Unslaked lime.... 80 Coarse salt.
50 Corn in the ear 70 Barley
48 Wheat....... 60 Corn meal
48 Irish potatoes 60 Castor beans
46 White beans.... 60 Timothy seed.
45 Clover seed 60 Hemp seed.
44 Onions 57 Malt
38 Shelled corn 56 Dried peaches....
33 Rye......... 56 Oats
32 Flax seed... 56 Dried apples
24 Sweet Potatoes 55 Bran
20 Turnips 55 Blue grass seed.
14 Fine salt..... 55 Hair (plastering)
8 Penalty for giving less than the above standard is double the amount of property wrongfully not given and ten dollars addition thereto.
Fence Viewers.—In counties under township organization, the Town Assessor and Commissioners of Highways shall be ex officio Fence Viewers in their respective towns. In counties not under township organization, the County Board, at their annual meeting in December, shall appoint three Fence Viewers in each precinct, who shall hold their office for one year and until their successors are appointed.
What Lawful Fence.-Fences four and one-half feet high, and in good repair, consisting 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, shall be deemed legal and sufficient fences; provided, that in counties under township organization the electors at any annual town meeting may determine what shall constitute a legal fence in the town and in counties not under township organization, the power to regulate the height of fences shall be vested in the County Board.
Division Fences.--Where two or more persons shall have lands adjoining, each of them shall make and maintain a just proportion of the division fence between them, except the owner of either of the adjoining lands shall choose to let such land lie open; provided, that where owners of adjoining lands, by mutual agreement, have heretofore built, or may hereafter build their respective portions of a partition fence, it shall not be lawful for either to remove his part of said 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 intentions to move his portion of the fence.
When Lands Inclosed— Contribution.—When any person shall have chosen to let his land lie open, if he shall afterward' inclose the same, or if any owner of land adjoining upon the inclosure of another shall inclose the same upon the inclosure of another, he shall refund to the owner of the adjoining lands a just proportion of the value, at that time, of any division fence that shall have been made by such adjoining owner, if the same shall be a ditch or hedge, and if the same be not a ditch or hedge, he shall immediately build his proportion of such division fence or refund to said adjoining owner a just proportion of the value, at that time, of such fence.
Value of Fence, etc., Ascertained.-The value of such fence and the proportion thereof to be paid by such person, and the proportion of the division fence to be made and maintained by him in case of his inclosing his land, shall be determined by two Fence Viewers of the town, in counties under township organization, and, in other counties, by any two Fence Viewers of the precinct.
Neglect to Repair and Rebuild.—If any person neglect to repair or rebuild a division fence or portion thereof, which he ought to maintain, any two Fence Viewers of the town or precinct, as the case may be, shall, on complaint by
the party aggrieved, after giving due notice to each party, examine such fence, and if they deem the same to be insufficient, they shall so notify the delinquent party and direct him to repair or rebuild the same within such time as they may deem reasonable.
Disputes Settled.—If disputes arise between the owners of adjoining lands concerning the proportion of fence to be made or maintained by either of them, such disputes shall be settled by any two of the Fence Viewers of the town or precinct, as the case may be, and in such cases it shall be the duty of the two Fence Viewers to distinctly mark and define the proportion of the fence to be made or maintained by each.
Choice of Viewers—Notice.—When any of the above mentioned matters shall be submitted to Fence Viewers, each party shall choose one, and if either neglect, after eight days' notice in writing to make such choice, the other party may select both, and for all purposes of notice under this act, it shall be sufficient to notify the tenant or person in possession of said adjoining premises, when the owner thereof is not a resident of the town in which such fences are situated.
Viewing Fence—Disagreement. The two Fence Viewers so chosen shall examine the premises, and hear the allegations of the parties. In cases of their disagreement, they shall select another Fence Viewer to act with them, and the decision of any two of them shall be final upon the parties for such dispute, and upon all parties holding under them.
Decision.—The decision of the Fence Viewers shall be reduced to writing ; shall contain a description of the fence, and of the proportion to be maintained by each, and their decision upon any other point in dispute between the parties submitted to them as aforesaid ; and shall be forth with filed in the office of the Town Clerk, or in the office of the County Clerk in counties which shall not have adopted township organization.
Neglect—Damages. If any person who is liable to contribute to the erection or reparation of a division fence shall neglect or refuse to make or repair his proportion of such fence, the party injured, after giving sixty days' notice, in writing, that a new fence should be erected, or ten days' notice, in writing, that the reparation of such fence is necessary, may make or repair the same at the expense of the party so neglecting or refusing, to be recovered from him with costs of suit, and the party so neglecting or refusing, after notice in writing, shall be liable to the party injured for all damages which shall thereby accrue, to be determined by any two Fence Viewers selected as above provided ; and the Fence Viewers shall reduce their appraisement of damages to writing, and sign the same.
Making and Repairing Fences Destroyed.—Whenever a division fence shall be injured or destroyed by fires, floods or other casualty, the person bound to make and repair such fence, or any part thereof, shall make or repair the same or his just proportion thereof, within ten days after he shall be thereto required by any person interested therein, such requisition to be in writing, and signed by the party making the same.
Refusing to Make or Repair.—If such person shall neglect or refuse to make or repair his proportion of such fence for the period of ten days after such request, the party injured may make or repair the same at the expense of party so refusing or neglecting, to be recovered with costs of suit.
Removal of Division Fence.—If any person is disposed to remove a division fence or part thereof, owned by him, and suffer his lands to lie open, after having just given the adjoining owner one year's notice in writing of his intention so to do, he may, at any time thereafter, remove the same, unless such adjoining owner shall previously cause the value of said fence to be ascertained by Fence Viewers, selected as herein before provided, and pay or tender the same to such person.
Removal Without Notice.—If any such fence shall be removed without such notice, the party removing the same shall pay to the party injured all such damages as he may thereby sustain, so be recovered with costs of suit.
Mistake in Locating Fence.—When a person has made a fence on an inclosure, which afterward, on making division lines, is found to be on the land of another, and the same has occurred through mistake, such first person may enter on the land of the other and remove his fence and material, within six months after such line has been run.
When Removal may not be Made.—But such fence shall not be removed if it was made of material taken from the land on which it is built, until the party pays or tenders to the owner of the land the value of such material, to be ascertained by the Fence Viewers ; nor shall a fence be removed at a time when the removal will throw open or expose the crops of the other party, but it shall be removed within a reasonable time after the crops are secured, although the six months above specified have passed.
Viewers may Examine Witnesses, etc.—Fence Viewers may examine witnesses on any and all questions submitted to them, and either of such Fence Viewers shall have power to issue subpoenas for and administer oaths to such witnesses.
Fees.-Fence Viewers shall be entitled to one dollar and fifty cents per day each, for the time necessarily spent as above provided, to be paid in the first instance by the party requiring the services; and all expenses of the view shall be borne equally between the parties, except in case of view to appraise damages for neglect or refusal to make or maintain a just proportion of a division fence, in which case the costs of view shall be paid by the party in default, and may be recovered as part of the damages assessed.
Trespass—Damages.—If any horse, mule or ass, or any neat cattle, hogs or sheep, or other domestic animals, shall break into any person's inclosure. the fence being good and sufficient, the owner of such animal or animals shall be